Agenda Packet_2026-03-03 - Laserfiche WebLink

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3.2 Services. Subject to the terms and conditions set forth in the Agreement,Contractor shall provide to City all labor, materials, tools, equipment, services, permits, transportation, and incidental and customary work necessary to fully and adequately supply the services necessary for the efficient operation of the Facility("Services"). The Contractor's services are more particularly described in Contractor's Proposal, dated January 28, 2026, incorporated into this Agreement by reference as though fully set forth herein. 3.3 Grant to Contractor. Except as otherwise expressly provided in this Agreement, City grants to Contractor the right to manage and operate the Facility pursuant to the terms of this Agreement, and Contractor agrees it will manage and operate the Facility in accordance with the approved Annual Budget Plan and in a manner comparable to and consistent with the management and operational practices of Comparable Facilities to the extent established in the Annual Budget Plan and approved by City (except as otherwise set forth in this Agreement). Contractor shall perform its services in a professional, timely and diligent manner. Without in any way limiting Contractor's right to manage and operate the Facility in accordance with the terms of this Agreement,Contractor, subject to the approval of City and in accordance with the approved Annual Budget Plan and terms of this Agreement, shall have the authority and responsibility to: (a) implement each approved Annual Budget Plan; (b) determine, establish, and implement the policies, standards, and schedules for the operation and maintenance of the Facility and all matters affecting customer relations; (c) hire, train, and supervise the general manager, course superintendent, and all Facility employees; (d) supervise and direct all phases of advertising, sales, marketing and business promotion for the Facility; and (e) establish accounting and payroll procedures and functions for the Facility. To the extent the foregoing duties are discussed,detailed, or included in the Annual Budget Plan, Contractor will carry out such duties consistent therewith. City agrees it will reasonably cooperate with Contractor to permit and assist Contractor to carry out its duties under this Agreement, provided Contractor obtains reasonably advance notice for such cooperation and assistance. Contractor shall work with, and obtain any necessary approvals from, the City Manager or their designee. 3.4 Annual Budget Plans. 3.4.1 Preparation. Contractor will submit to the City Manager or their designee on an annual basis at least ninety(90) days in advance of each Operating Year(except for the first Operating Year for which the Annual Budget Plan(transitional) shall be submitted thirty(30) days prior to the Commencement Date) an"Annual Budget Plan" consisting of(a) a budget which shall include for the ensuing year (or portion thereof) bona fide good faith estimates of all projected revenues of the Facility (broken down on a line item basis) and the projected expenditures for (i) property operation and maintenance, (ii) Capital Improvements which constitute normal repairs, replacements, and alterations, (iii) Furnishings and Equipment and Operating Inventory, (iv) advertising, sales, and business promotion, (v) emergency expenditures, and (vi) employee Compensation and(b)an operating/business plan for the Facility setting forth in detail a marketing and promotions plan, a schedule of proposed golf charges, an operating schedule (which shall include hours of operation and staffing levels) and a maintenance plan. City acknowledges that the budget will not constitute a guarantee of the actual revenues or expenses of operating the Facility. -6- City Council 16 — 14 3/3/2026