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HomeMy WebLinkAbout1992-29 Agreement with James Tuller as Golf ProfessionalRESOLUTION NO. 29-92 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT ATTACHED AS EXHIBIT "A" WITH JAMES C. TULLER, WHEREBY JAMES C. TULLER SHALL SERVE AS GOLF PROFESSIONAL AT THE GOLF COURSE OPERATED BY THE VILLAGE AT THE NORTH PALM BEACH COUNTRY CLUB FOR THE PERIOD FROM OCTOBER 1, 1992, TO SEPTEMBER 30, 1993; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, hereby approves the Agreement between James C. Tuller, and the Village, whereby James C. Tuller shall serve as Golf Professional at the Golf Course operated by the Village at the North Palm Beach Country Club for the period from October 1, 1992, to September 30, 1993. That a copy of the Agreement is attached as Exhibit "A" and made a part hereof. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement set forth in Exhibit "A" for and on behalf of the Village. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 10th DAY OF September EST: VILLAGE CLERK , 1992. MAYOR AGREEMENT THIS AGREEMENT made and entered into this 16th day of $eotember , 1992, between the VILLAGE OF NORTH PALM BEACH, hereinafter designated as 'VILLAGE" and JAMES C. TULLER, herein- after designated as "TULLER" wherein, in consideration of the mutual promises herein contained, it is mutually agreed as follows: WITNESSETH: 1. COMPENSATION AND DUTIES. The VILLAGE hereby enters into contract with TULLER as Golf Professional at the Golf Course operated by the VILLAGE at North Palm Beach Country Club for the period from October 1, 1992 to September 30, 1993. For the services of TULLER, the VILLAGE will pay the amount of Two Thousand Three Hundred Eighty Dollars ($2,380.00) per month per per said period on the last day of each month, commencing October 31, 1992. In his performance of his contract with the VILLAGE, in foregoing capacity, TULLER shall be directly responsible to the Country Club Administrative Board or as designated by the VILLAGE Council. Within this limitation, the general function and responsibilities of said contract shall be as follows: A. To be the North Palm Beach Country Club Golf Professional who shall supervise VILLAGE employees working as starters, rangers, cashiers, golf cart attendants and driving range attendants, as mandated by their approved job descript- ions. B. To be consultant to the VILLAGE concerning play on the golf course and concerning golf programs. C. To organize golf programs and operate tournaments whether VILLAGE sponsored or those held in conjunction with golf associations. TULLER shall submit a Special Events Forrn to the Country Club Administrative Board thirty (30) days prior to the event. 1 D. To consult with the golf course superintendent concerning any problems dealing directly with the golf course, its condition and/or maintenance problems. E. To promote goodwill and public relations with members and other VILLAGE residents by working and cooperating with golf groups, members and daily fee players. F. To post information in the golf shop regarding use of the golf facilities, availability of instruction for golf lessons and other data pertinent to the successful operation of golfing activities. G. To diligently carry out the applicable policies and procedures as set forth in the North Palm Beach Country Club Rules and Regulations. H. The Golf Pro shall report planned absences of one-half day to the Country Club Business Office and designate who will provide supervision during his absence from the premises. 2. CONCESSIONS. In addition to performing the duties required of him in Section 1 above, TULLER shall be given the exclusive privilege and shall be required during the period of his affiliation with the VILLAGE, by reason of the provisions of this Agreement, to operate the following concessions at the North Palm Beach Country Club set forth in connection with: A. Golf Shop. TULLER will purchase and pay for all materials and merchandise used or sold in the operation of the Golf Merchandise Shop granted him in his own name and on his own responsibility and shall receive and retain all revenue derived from its operation as his own and for his sole use and benefit, subject only to the requirements enumerated in the foregoing paragraphs of this Section and to operate all concessions granted to him and referred to it Section 2. B. Golf Instruction. TULLER shall have the exclusive right at the gait course and driving range only to provide golf instruction. TULLER shall keep all fees from golf instruction. VILLAGE shall have the right to contract with other parties for golf instruction in other areas of the VILLAGE. C. Bag Storage. TULLER shall be responsible for the operation of the bag storage facility. In this capacity he shall be responsible for supervising all personnel necessary to run the bag storage operation. In addition, he shall be responsible for all liability in the operation of the bag 2 storage facility. The bag storage shall be open the same hours as the golf course operation. TULLER shall receive all revenues from the bag storage operation. D. Additional Lessee Personnel. Except for those positions enumerated in the VILLAGE's annual budget, as to employment, duties and salary, and those positions specifically mentioned herein, TULLER shall secure at his own expense, any and all assistants that may be necessary to effectively carry out the activities enumerated in Section 2 of this Agreement. He shall be responsible for all teaching assistants and personnel and salaries, compensation and expenses thereof. E. Golf Balls. TULLER has the right to salvage golf balls lost in water areas at the North Palm Beach Country Club. 3. RENT. TULLER shall pay the VILLAGE Three Thousand Six Hundred Dollars ($3,600.00) per year, divided into equal monthly installments of Three Hundred Dollars ($300.00) plus the appropriate tax, beginning October 1, 1992, as rent for use of the golf facilities for instruction and sale of equipment during the terms of this Agreement. 4. INSURANCE. TULLER shall provide personal liability and property insurance written by a company acceptable to the VILLAGE in amounts not less than $100,000 per person and $300,000 per occurrence. The VILLAGE shall be named insured and a copy of a valid insurance certificate shall be filed with the VILLAGE Clerk at al) times. 5. CONTRACTING OF SERVICES. The contracting of TULLER`s cervices with another person, firm or corporation, in any capacity, must have prior approval, in writing, by the VILLAGE ( uincil of North Palrn Beach, or its designee. Failure to obtain f Tior written approval will be grounds for termination of this ;o,n r:erne>.nt. CREDIT. if TULLER, in his discretion, extends credit to Country Club members, the VILLAGE shall not have the obligation to ma$e collections on behalf of TULLER; provided, however, the VILLAGE agrees to make billings to such credit customers in its nidinary course of business. and to remit to TULLER only what the 1 VILLAGE receives from such members minus the fee in Paragraph 7 below. 7. ADMINISTRATIVE FEE. The VILLAGE shall charge TULLER a four percent (4%) administrative fee on all billings made by the VILLAGE in accordance with Section 6, Credit. Said fee shall be deducted from any amount due TULLER from the VILLAGE. B. GENERAL. A. TULLER shall keep adequate books and records, make all tax returns and pay all taxes required in connection with concessions in his own name. B. TULLER shall operate all concessions so that they do not interfere with his supervisory responsibilities. C. TULLER may participate in the VILLAGE's group health (hospitalization) program at his own expense by paying the necessary premiums. Said premiums may be deducted from this compensation described in Section 1. D. All income and expenses of every nature derived from the operation of concessions as referred to in Section 2 of this Agreement shall be reported to the VILLAGE by the fifteenth (15th) day of each month immediately preceding, as approved by the VILLAGE Council . 9. INDEPENDENT CONTRACTOR. The parties are entering into This Agreement with the specific intent and understanding that TULLER is an independent contractor and shall perform all the duties hereunder in such capacity and not as an employee of the VILLAGE of North Palrn Beach. Nothing contained within this Agreement is intended nor shall it be construed to make TULLER an employee of the VILLAGE of North Palrn Beach for any purpose. TULLER shall prominently display the fact that he is an independent contractor and not an employee of the VILLAGE of North Palm Beach for all purposes including, but not limited to, sale of golf merchandise and instruction. 4 10. TERMINATION. A. This Agreement may be terminated by either party upon at least sixty (60) days written notice. If either party decides to terminate this Agreement, the VILLAGE agrees to have the next Professional that enters into Agreement with the VILLAGE, to buy at cost all merchandise owned by TULLER that is in the golf shop stock carrying the North Palm Beach Country Club logo, not to exceed a maximum value of $10,000. B. Notwithstanding the conditions for termination of this Agreement as stated in Paragraph l0a above, the Agreement shall terminate upon 1)the death or disability of JAMES C. TULLER, or 2)failure to meet any obligation imposed by terms and conditions of Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 16th day of September ,1992. d in the press ce of: aura Attest: 1LLAGE CLERK 1 JAMES C. TULLER VILLAGE OF NORTH PALM BEACH 7 • lama, MAYOR 5