EMPLOYMENT CONTRACT BETWEEN
[Insert name] AND THE
[Facility name]
This Employment Contract, made and entered into this _____
day of _____________,20____, by and between the ___________________________
("EMPLOYER"), and _____________________ ("SUPERINTENDENT")
as ratified by action of the governing board of EMPLOYER at a regular meeting
held on ____________,20____. This contract incorporates and replaces all prior
contracts and/or amendments thereto.
EMPLOYER is a _______________ facility established for the
purpose of maintaining, operating and conducting, among other activities, a
________ hole golf course and related facilities and grounds
("facilities").
In consideration of the mutual promises of each, and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by both the EMPLOYER and SUPERINTENDENT agree as follows:
1. TERM
The EMPLOYER
employs the SUPERINTENDENT, and the SUPERINTENDENT hereby accepts employment as
a SUPERINTENDENT for a _______-YEAR term commencing on ___________,20____ and
ending on ___________,20____. EMPLOYER may by specific action and with the
consent of SUPERINTENDENT grant a ______-year/month extension of the existing
contract. EMPLOYER shall notify SUPERINTENDENT in writing, [____ days] or
[prior to ____________,20____] of its intent concerning such extension and/or
nonrenewal.
2. CONDITIONS OF EMPLOYMENT
A. Duties
The SUPERINTENDENT is
the Director of Facilities and Operations ("DFO") for the Golf Course
and related facilities and shall faithfully perform the normal duties of a Golf
Course Superintendent for the EMPLOYER as prescribed in the job description, as
may be assigned by the EMPLOYER and as more particularly set forth in
paragraphs 1 through 15, immediately hereafter.
The duties of SUPERINTENDENT shall include, but are not
limited to the following: 1. Control and
direct the maintenance, care and improvement of the grounds and golf course
facilities, including maintenance facility, irrigation system, mowing and other
golf course machinery. 2. Implement
policies established by the EMPLOYER through its governing structure such as
the Chairman of the Greens and Grounds Committee. 3. Assist the Chairman or other supervisor in
preparing the annual budget for approval by the Finance Committee and the
governing board. 4. Apply, inventory,
and maintain all pesticides in accordance with applicable laws, regulations
(federal, state and local), and prudent management practices. 5. Coordinate tournaments and related
activities with the golf professional and manager at the facility. 6. Recruit, interview, hire, and supervise
employees in accordance with applicable state and federal laws. 7. Work with and attend management meetings
of the Grounds Committee, or other appropriate managing entity, in determining
policy and scope of activities. 8. Coordinate the hiring of any independent outside
contractor retained by the golf facility related to the operations of the golf
course and related facilities. 9.
Maintain the golf course, including fairways, roughs, greens and grounds in a
manner consistent with the budget provided by EMPLOYER. 10. Prepare a budget for golf course
operations and capital improvements. 11.
Enforce the rules and regulations at the golf facility as they presently exist
or as they may hereafter be modified or amended and develop a policy of
reporting such violations by golfers, members and guests. 12. Develop, implement, and review on an
annual basis, policies and procedures affecting the orderly maintenance of the
facilities and equipment. 13. Recommend
and supervise the purchase, lease, installation and maintenance of golf course
equipment and improvements including, but not limited to, cart paths (excluding
cars), tee markers, waste receptacles, flags, signs, toilets, water fountains,
shelters and the like. 14. Prepare a
long-range plan for improvements to the facilities and projections for
financial and membership needs and coordinate the implementation of the
plan. 15. Perform such other duties as
are customarily performed by SUPERINTENDENT and such other duties as assigned
by EMPLOYER.
B. Limitation of Authority
Notwithstanding other terms herein, SUPERINTENDENT shall not have the
right to make contracts or commitments for amounts in excess of _______ Dollars
($_______ ) for or on behalf of EMPLOYER, without first obtaining the express
written consent of EMPLOYER.
C. Supervision of Superintendent
SUPERINTENDENT reports to the
_____________________(owner, board of directors, board of governors, president,
green chairman, general manager or other supervisor). If that person is
temporarily absent or unable to perform [his or her] duties, then the
SUPERINTENDENT shall report to the ________________. In no event shall there be
more than one person at any time acting on behalf of the EMPLOYER insofar as
control of the SUPERINTENDENT is concerned.
D. Criticism, Complaints and Suggestions
The EMPLOYER, individually and collectively,
shall refer all criticisms, complaints and suggestions called to the EMPLOYER's
attention which EMPLOYER deems substantive at the time, to the SUPERINTENDENT
for study and appropriate action, and the SUPERINTENDENT shall review and
investigate such matters and inform the EMPLOYER of the results.
E. Board/Management Meetings
The SUPERINTENDENT shall attend appropriate meetings of the owner, board
of directors, board of governors, president, green chairman, general manager or
other supervisor of the golf course, with the exception of executive sessions
devoted to the consideration of any action or lack of action on the
SUPERINTENDENT's contract, the SUPERINTENDENT's salary or benefits, or the
SUPERINTENDENT's evaluation.
F. Professional Organizations, Meetings and Activities
The SUPERINTENDENT shall devote his time,
attention, and energy to the direction, administration and supervision of the
facilities. The SUPERINTENDENT shall attend and participate in appropriate
professional meetings at the local, state, and national levels with the
reasonable expenses for such attendance to be borne by the EMPLOYER, including
membership fees and dues of the SUPERINTENDENT in such organizations as [he or
she] deems appropriate in the performance of [his or her] duties. The
SUPERINTENDENT may hold offices or accept responsibilities in these
professional organizations, provided that such responsibilities do not
interfere with the performance of [his or her] duties as SUPERINTENDENT.
G. Outside Consultation Activities
The SUPERINTENDENT may, with EMPLOYER
approval, serve as a consultant and receive a reimbursement of expenses and/or
be paid an honorarium for such consultation services at no expense to the
EMPLOYER. Prior to engaging in these activities, the SUPERINTENDENT will notify
the EMPLOYER in writing of the activity. The EMPLOYER will notify the
SUPERINTENDENT if the activity presents a conflict or interferes with the
performance of [his or her] duties as a SUPERINTENDENT. If the SUPERINTENDENT
receives compensation for outside consultation in excess of traveling expenses,
the SUPERINTENDENT shall use vacation time, holidays, compensatory time (which shall
equate to one and one half hours of paid leave for each hour worked) or other
non-duty days for such consultation. Consultation provided by the
SUPERINTENDENT under the terms and conditions of this paragraph must be
consistent with state and federal law.
H. Limitation to Consultation Activities/Outside
Employment
Notwithstanding paragraph 2G,
SUPERINTENDENT shall not, without the express written consent of EMPLOYER, be
interested directly or indirectly, in any manner, as a partner, officer,
director, shareholder, adviser, employee, or in any other capacity in any other
business similar to EMPLOYER's business or any allied trade; provided, however,
that nothing contained in this section shall be deemed to prevent or to limit
the right of SUPERINTENDENT to invest any of [his or her] money in the capital
stock or other securities of any corporation whose stock or securities are
publicly owned or are regularly traded on any public exchange, nor shall
anything contained in this section be deemed to prevent SUPERINTENDENT from
investing or limit SUPERINTENDENT's right to invest [his or her] money in real
estate.
I. Civic Activities
The SUPERINTENDENT is encouraged to participate in community and civic
affairs of the golf course. The membership and direct expenses of such
memberships and activities shall be paid by the EMPLOYER as permitted by law
and approved by the EMPLOYER.
J. Reassignment
The
SUPERINTENDENT shall not be reassigned from the position of SUPERINTENDENT to
another position without the SUPERINTENDENT's written consent.
3. COMPENSATION
A.
Salary
EMPLOYER shall pay to
SUPERINTENDENT in exchange for services rendered under this Agreement,
compensation at the rate of _________ Dollars ($_______) per year, payable
_______ time(s) a month on the _____ [number] and _______ [number] days of each
month while this Agreement shall be in force.
B. Reimbursements and Expenses
EMPLOYER shall reimburse SUPERINTENDENT for
all reasonable expenses incurred in travel for EMPLOYER, attending the annual
conference of [his or her] professional association, educational courses, and
meetings of the local chapter of [his or her] professional association upon
presentation of appropriate expense reports.
C. Life Insurance Premium
EMPLOYER shall pay SUPERINTENDENT's premium on [his or her]
$_____________.00 life insurance policy for the period [he or she] performs the
duties of SUPERINTENDENT.
D. Automobile Expense.
SUPERINTENDENT shall receive an automobile allowance of ______ Hundred
Dollars ($________.00) per month to defray the expense of obtaining an
automobile through ownership or lease, or shall be provided a vehicle of
SUPERINTENDENT's choosing, subject to the
approval of the EMPLOYER. Said vehicle shall be replaced
every ______ years. This vehicle may be used by SUPERINTENDENT for business and
personal purposes. EMPLOYER shall maintain automobile liability, property
damage, and comprehensive insurance and pay the normal and necessary expenses
for operation and maintenance of such vehicle.
E. Medical and Dental Insurance
EMPLOYER shall either provide to
SUPERINTENDENT and pay the full premium for a comprehensive family health
insurance policy provided under EMPLOYER's existing family health insurance
plan; or, if SUPERINTENDENT elects to provide [his or her] own health
insurance, pay to SUPERINTENDENT as additional salary, an amount equal to the
cost of providing said comprehensive family health insurance policy.
F. Bonus Compensation
In addition to any other compensation paid to SUPERINTENDENT, EMPLOYER
shall pay SUPERINTENDENT bonuses in accordance with the criteria set forth
below:
1. Professional Certification. If SUPERINTENDENT, during the
term of this Agreement, becomes a Certified Golf Course Superintendent and
receives a certificate from the Golf Course Superintendents Association of
America indicating successful completion of the certification program,
SUPERINTENDENT shall receive $ _____ as a bonus in addition to [his or her]
annual compensation. 2. Certification
Status. If SUPERINTENDENT, during the term of this Agreement, receives [his or
her] certification in the Golf Course Superintendents Association of America's
environmental management program or wetland management through an accredited
program approved by EMPLOYER or water management accredited program approved by
EMPLOYER or as an Audubon Cooperative Sanctuary golf course SUPERINTENDENT
shall receive $_____ as a bonus in addition to [his or her] annual
compensation. 3. Referral of Prospective
Members. SUPERINTENDENT shall receive ___% of any new member's annual dues for
the referral of any new prospective member who joins the club. 4. Performance Standards. EMPLOYER, as
incentive to SUPERINTENDENT, shall pay a bonus of ___% of SUPERINTENDENT's
annual compensation set forth in Paragraph 3A for adherence to the annual
facilities budget or increases in membership attributable to improved course
conditions or retention of membership, during a period agreed upon by the
parties, or an increase in the rounds of golf played by ___ [percent or number]
over the last year. 5. Risk Management.
EMPLOYER, as incentive to SUPERINTENDENT shall pay a bonus of _____% of the
reduced annual insurance premium attributable to the development and
implementation of a risk management or safety program, which resulted in the
premium reduction. 6. Car/Cart
Concession. EMPLOYER as incentive to SUPERINTENDENT shall pay a bonus of ____
per car/cart rented to enhance golf car/cart usage on the course. 7. Golf Ball Concession. EMPLOYER shall pay
SUPERINTENDENT $ ___ per ball for recovered balls from the golf course and sold
at the facility.
4. BENEFITS
[*
denotes those provisions which may be alternatively addressed in the
compensation section above.] Superintendent shall receive the following
benefits:
A. Major medical and comprehensive health insurance,
including dental, vision, and prescription coverage.* B. Life insurance.* C. Disability insurance. SUPERINTENDENT shall
receive disability insurance equivalent to ____ year's annual compensation as
set forth in paragraph 3A. D. ______
meals per day during months of facility restaurant operation. E. Use of the golf facility vehicle to more expeditiously
carry out the duties of SUPERINTENDENT. *
F. For the convenience of the EMPLOYER housing shall be provided by
EMPLOYER on premises in order to provide emergency services at the facility in
conjunction with the scope of [his or her] employment. All reasonable expenses
for the maintenance of the house including utilities, taxes, assessments, and
related upkeep shall be paid by EMPLOYER.
OR Housing Allowance.
SUPERINTENDENT shall receive a housing allowance of $________ Hundred Dollars
($________.00) per month to reside in close proximity to the facility to
provide emergency services at the facility in conjunction with [his or her]
employment. G. In addition, the
SUPERINTENDENT shall be paid deferred compensation of _______ Dollars
($________). H. Free family membership
at _______________ [club name], with regular member privileges, SUPERINTENDENT
shall be entitled to all of the rights, privileges and benefits of a regular
member, except voting, during the term of this Agreement and shall be excused
from paying monthly dues, car/cart or green fees, assessments, certificate
fees, initiation fees and minimum charges. Otherwise, (and excepting only
employee meal benefit) [he or she] shall pay for services and merchandise at
EMPLOYER's cost. The SUPERINTENDENT shall be entitled to charge to [his or her]
account the purchase of any service or merchandise up to an amount equal to one
month's salary. Said account must be paid in accordance with the rule
applicable to regular members as now exists or hereafter amended.
SUPERINTENDENT's family shall be considered the same as the family of a regular
member for all purposes.
5. ANNUAL PERFORMANCE EVALUATION
EMPLOYER shall evaluate and assess the
performance of the SUPERINTENDENT in writing at least once a year. The meeting
at which the EMPLOYER evaluates the SUPERINTENDENT will be held in a closed
environment, executive session if done by EMPLOYER's governing board, unless
the EMPLOYER and SUPERINTENDENT agree that it should be held in an open
setting. The EMPLOYER shall devote a portion of the meeting at which the
evaluation takes place to a discussion of the working relationship between the
SUPERINTENDENT and the EMPLOYER. The evaluation format and procedure shall be
in accordance with the EMPLOYER's administrative evaluation system and state
and federal law. The evaluation may form the basis for increases in
SUPERINTENDENT's compensation.
6. TERMINATION
This
employment contract may be terminated by:
A. Mutual agreement of the parties. B. Disability of SUPERINTENDENT. If the
SUPERINTENDENT is permanently disabled or is otherwise unable to perform [his
or her] duties because of sickness, accident, injury, or mental incapacity for
a period of ninety (90) working days beyond any accrued sick leave, the
EMPLOYER shall have the option to terminate this agreement with no obligation
to pay the aggregate severance sum designated in paragraph 6D. C. Discharge for cause. In the event
SUPERINTENDENT commits a material breach of the obligations and duties of
SUPERINTENDENT under this Agreement or commits any acts designated as conduct
violation or for just cause shall be considered cause for immediate dismissal.
EMPLOYER may terminate this Agreement, during its term, only for
"cause" which, for purposes herein, shall mean SUPERINTENDENT's (i)
material and continuing failure to perform [his or her] essential duties
hereunder; including but not limited to failure to work full-time on the
business of EMPLOYER for reasons other than disability; or (ii) dishonesty; or
(iii) gross misconduct or gross dereliction of duty; or (iv) fraud,
misrepresentation or other acts of moral turpitude or criminal conduct; or (v)
a material breach of any term of this Agreement.
SUPERINTENDENT may terminate this Agreement upon any material breach by
EMPLOYER which is not cured within 30 days of written notice by
SUPERINTENDENT. D. Unilateral termination
by EMPLOYER. In the event SUPERINTENDENT is terminated by the EMPLOYER and
during such time the SUPERINTENDENT is willing and able to perform [his or her]
duties under this agreement, then in that event the EMPLOYER agrees to pay
SUPERINTENDENT, as severance pay, all of the aggregate annual salary [he or
she] would have earned under this employment contract from the actual date of
termination and/or one-month's pay for each year of service, whichever is
greater. E. Death of
SUPERINTENDENT.
7. SAVINGS CLAUSE
If
any provision, or any portion thereof, contained in this Agreement is held to
be unconstitutional, invalid, or unenforceable, the remainder of this
Agreement, or portion thereof, shall be deemed severable, shall not be
affected, and shall remain in full force and effect.
8. MODIFICATION
Any
modification of this Agreement or additional obligation assumed by either party
in connection with this Agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
9. CHOICE OF LAW
It
is the intention of the parties to this Agreement that this Agreement and the
performance under this Agreement, and all suits and special proceedings under
this Agreement, be construed in accordance with and under and pursuant to the
laws of the State of _________________ and that, in any action, special
proceeding or other proceeding that may be brought arising out of, in
connection with, or by reason of this Agreement, the laws of the State of
___________________ shall be applicable and shall govern to the exclusion of
the law of any other forum, without regard to the jurisdiction in which any
action or special proceeding may be instituted.
10. NO WAIVER
The
failure of either party to this Agreement to insist upon the performance of any
of the terms and conditions of this Agreement, or the waiver of any breach of
any of the terms and conditions of this Agreement, shall not be construed as
thereafter waiving any such terms and conditions, but the same shall continue and
remain in full force and effect as if no such forbearance or waiver had
occurred.
11. PARAGRAPH HEADINGS
The titles to the paragraphs of this Agreement are solely for the
convenience of the parties and shall not be used to explain, modify, simplify, or
aid in the interpretation of the provisions of this Agreement.
12. COMPLETE AGREEMENT
This Agreement contains the complete agreement concerning the employment
arrangement between the parties and shall, as of the effective date hereof,
supersede all other agreements between the parties. The parties stipulate that
neither of them has made any representation with respect to the subject matter
of this Agreement or any representation including the execution and delivery of
this Agreement except such representations as are specifically set forth in
this Agreement and each of the parties acknowledges that [he or she] or it has
relied on its own judgment in entering into this Agreement. The parties further
acknowledge that any payments or representations that may have been made by
either of them to the other prior to the date of executing this Agreement are
of no effect and that neither of them has relied thereon in connection with
[his or her] dealings with the other.
13. INDEMNIFICATION
Employer shall indemnify SUPERINTENDENT against any and all expenses,
including amounts paid upon judgments, counsel fees, environmental penalties
and fines, and amounts paid in settlement (before or after suit is commenced),
incurred by the SUPERINTENDENT in connection with [his or her] defense or
settlement of any claim, action, suit or proceeding in which [he or she] is
made a party or which may be asserted against [him or her] by reason of [his or
her] employment or the performance of duties in this Agreement. Such indemnification
shall be in addition to any other rights to which those indemnified may be
entitled under any law, bylaw agreement, or otherwise.
In witness whereof, each party to this Agreement has caused
it to be executed at _____________________ [place of execution] on the date
indicated below.
[Signatures and date(s) of signing]
[Title of person representing EMPLOYER]
