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HomeMy WebLinkAbout1992-31 Agreement with Buddy Goetz as Tennis Director1 1 1 RESOLUTION NO. 31-92 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 FRANK "BUDDY" GOELTZ , WHEREBY FRANK "BUDDY" GOELTZ SHALL SERVE AS TENNIS DIRECTOR OF THE TENNIS FACILITIES 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 FRANK "BUDDY" GOELTZ t and the Village, whereby FRANK "BUDDY" GOELTZ shall serve as Tennis Director of the Tennis Facilities 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 loth DAY OF SEPTFMRFR , 199 )A //EST: XX1£ _ G_r-4) t 7 += VILLAGE CLERK MAYOR 1 1 AGREEMENT THIS AGREEMENT made and entered into the 16th day of September, 1992, between the VILLAGE OF NORTH PALM BEACH, hereinafter designated as the "VILLAGE", and FRANK "BUDDY" GOELTZ, independent contractor, hereafter designated as "GOELTZ", wherein, in consideration of the mutual promises herein contained, it is mutually agreed as follows: 1. COMPENSATION AND DUTIES. The VILLAGE hereby enters into contract with GOELTZ as Tennis Director at the North Palm Beach Country Club, for the period from October 1, 1992 to September 30, 1993. For the services of GOELTZ, the VILLAGE shall pay the amount of One Thousand Thirty Dollars ($1,030.00) per month, commencing October 31, 1992. In the performance of his contract with the VILLAGE, in the foregoing capacity, GOELTZ shall be directly responsible to the Village Council or its designee. Within this limitation, the general functions and responsibilities of said contractor shall be as follows: A. To be the NPBCC Tennis Director who shall supervise the Village employees working as cashiers/clerks and court maintenance as mandated by their approved job descriptions B. To be consultant to the VILLAGE concerning the use of the tennis facility. C. To propose, organize and operate tennis programs for tennis members and guests. The Tennis Director shall submit a Special Events Form to the Country Club Adminis- trative Board thirty (30) days prior to the event. D. To supervise all organized leagues and tournaments. There shall be at least six (6) tournaments each year, of which three (3), if possible, are sanctioned by the USTA. 1 E. To consult with the golf course superintendent and director of public services concerning any problems dealing directly with the tennis facilities, their condition and/or maintenance problems. F. To promote goodwill and public relations with members and other VILLAGE residents by working and cooperating with tennis court users. G. To provide six (6) tennis social events per year for members, at least two (2) of which shall be open to all VILLAGE residents. N. To post information in the Pro Shop regarding use of the tennis facilities, availability of instruction for tennis lessons and other data pertinent to the successful oper- ation of tennis activities including a monthly calendar. of daily activities at the tennis facilities. I. The Tennis Director shall report planned absences to the Country Club Business Office and designate who will provide supervision. J. Meets/Events. The Tennis Director shall keep the Country Club Administrative Board informed of all tennis activities and events. K. To diligently carry out the applicable policies and proce- dures as set forth in the NPBCC Rules & Regulations. 2. CONCESSIONS. In addition to performing the duties required of hire in Section 1 above, GOELTZ shall be given the exclusive privilege and shall be required during the period of his affilia- tion with the VILLAGE by reason of the provisions of this Agree- ment, to operate the following concessions on the premises at the North Palm Beach Country Club according to the terms and conditions set forth in connection with each: A. Pro Shop. GOELTZ will purchase and maintain a well stocked tennis merchandise shop and fully supervise the Pro Shop during operating hours, and sell all merchandise and equipment from the Tennis Shop. It is understood that all display fixtures attached to the tennis pro shop walls are considered permanent in nature and belong to the VILLAGE OF NORTH PALM BEACH. 2 1 1 1 B. Tennis Instruction. GOELTZ shall provide tennis instruc- tion and tennis clinics upon request, and shall collect and keep all fees from tennis instruction. The VILLAGE shall have the right to allow other parties to provide tennis lessons in other areas of the VILLAGE and the two public courts at the Country Club. Non members shall pay a guest fee to NPBCC for use of the tennis facilities. C. Rent, The VILLAGE shall furnish the present pro shop area at the tennis facility for use as an office and sales room; this space is approximately 450 square feet. GOELTZ shall pay the VILLAGE a total of 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 the use of the tennis facilities, for the right to sell equipment and the right to teach during the terms of this Agreement. D. Insurance. GOELTZ shall provide personal liability and property insurance written by a company acceptable to the VILLAGE in amounts not less than One Hundred Thousand Dollars ($100,000) per person and Three Hundred Thousand Dollars ($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 all times. L. Concessions. GOELTZ shall operate all concessions granted him and referred to in Section 2.GOELTZ shall purchase and pay for all materials and merchandise used or sold in the operation of concessions granted in his own name and on his own responsibility, and receive and retain all income derived from their operation as his own and for his sole use and benefit. GOELTZ shall operate all concessions so that they do not interfere with his supervisory responsi- bilities as enumerated in Section 1 of this Agreement. The contracting of services by GOELTZ to another person, firm or company in any capacity, must have prior written approval by the VILLAGE Council or its designee. Failure to obtain prior written approval will he grounds for the termination of this Agreement. F Additional Lessee Personnel. Except for those positions enumerated in the. Village's annual budget, as to employment, duties and salary, and those positions _.pecifically mentioned herein, he shall secure at his own expense, any and all assistants that may he 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, compensa- tion and expenses thereof. The VILLAGE shall furnish an attendant to collect fees for use of the tennis courts, as well as to be responsible for maintenance of the tennis 3 1 1 courts and restrooms. The VILLAGE staff will also handle court reservations. 3. PROFESSIONAL SERVICES. A. Definitions. For purposes of this Section, the following definitions will apply: 1. Tournament. This is an event primarily constructed for competitive tennis over a period of one to two days. It is a one time event generally scheduled on weekends. Tournaments for persons 16 years or under generally are to be schedule once every four weeks. 2. League Play. This is a commitment for a multiweek event (for example: seven week event) where men and/or women are placed in their respective skill levels of play and play a ten game set. Balls, trophies, and other support materials are provided for each event at a nominal cost to each participant. 3. Social Event. This is actively described as "fun tennis" either as a team tennis day or a member/guest activity where men and women rotate as partners for simple enjoyment of the game and socializing. Balls, prizes and sometimes food will be included in the fee assessed. B Tournaments. Al]. tournaments shall be scheduled and organized by the Tennis Director. Tennis Director and the Administrative Board shall recommend to the Village Council who shall establish fees for tournaments. All tournarnent profits, if any, shall belong to Tennis Director. There shall be an accounting within seven (7) working days of the completion of the tournament. Administratively, all tournaments shall be posted ten (10) days in advance of the event on the tennis court bulletin board with a copy of said notice sent to the Administrative Board at the time of bulletin board posting. All expenses related to any tournaments conducted shall be paid by GOELTZ. GOELTZ will pay all expenses generated from running the tournament, including additional hours as needed for extra personnel responsible for the tournament. C. ()pen Play. All daily court fees and membership fees shall belong to the VILLAGE exclusively. D. League Play/Social Events. Any profit realized from league play and for social events shall belong to Tennis Director. A complete accounting of league play and social events shall be forwarded to the Administrative Board within seven (7) working days of the completion of the event. Notice of approved league play and social 4 1 1 1 events will be posted at the tennis shop at least ten (10) days in advance of the event on the tennis court bulletin board with a copy of said notice sent to the Administrative Board at the time of bulletin board posting. 4. GENERAL. A. GOELTZ shall keep adequate books and records, make all tax returns and pay all taxes required in connection with concessions in his own name. B. All income and expenses of every nature derived from the operation of concessions as referred to in Section 2 shall be reported to the VILLAGE by the 15th day of each month, for the month immediately preceding, in the manner specified by the VILLAGE Council or its designee. C. If GOELTZ, in his discretion, extends credit to any players or Club members for concessions, sales of tennis merchandise and tennis instruction, the VILLAGE shall not have the obligation to make collections on behalf of GOELTZ provided, however, VILLAGE agrees to make billings to such credit customers in his ordinary course of business and to remit to GOELTZ only what the VILLAGE receives from such members minus the fee in (D) below. D. The VILLAGE shall charge GOELTZ a four percent (4%) administrative fee on all amounts it collects which are due and payable to GOELTZ. The administrative fee shall be deducted from any amount due GOELTZ from the VILLAGE. E. The monies collected for court rental and daily fees shall be remitted to the North Palm Beach Country Club Adminis- tration Office daily, along with the detailed report and copies of the pre -numbered validated receipts issued at the time of the transaction. r,. INDEPENDENT CONTRACTOR. The parties entering into this Agreement with the specific intent and understanding that GOELTZ is an independent contractor and shall perform all the dutie hereunder in such capacity and not as an employee of the VILLAGE OF NORTH PALM BEACH. Nothing contained within this Agreement is intended nor shall it be construed to make GOELTZ an employee of the VILLAGE for any purpose. GOELTZ shall promin- ently display the fact that he is an independent contractor and 1 not an employee of the VILLAGE OF NORTH PALM BEACH for all purposes including, and instruction. 6. TERMINATION. but not limited to, sale of tennis merchandise A. This Agreement may be terminated by either party upon at least sixty (60) days written notice. B. Notwithstanding the conditions of termination of this Agreement as stated in paragraph 6A above, this Agreement shall also terminate upon the death or disability of GOELTZ, or upon failure to provide full-time services to the VILLAGE or failure to meet any obligation imposed by terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 16th day of September , 1992. gned in the presence of: O 4/ /ILLAGE CLERK ERK / u 4 FRANK "BUDDY" GTZ THE VILLAGE OF NORTH PALM BEACH 6