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2014-94 Independent Contractor Agreement for Country Club Pool OperationsRESOLUTION 2014 -94 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT WITH RICHARD E. CAVANAH, INC. FOR MANAGEMENT OF COUNTRY CLUB POOL OPERATIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Administration is proposing the execution of an Independent Contractor Agreement with Richard E. Cavanah, Inc. ( "Cavanah ") for management of the Country Club pool operations; and WHEREAS, under the terms of the Agreement, the Village shall pay Cavanah the sum of $4,173.50 per month for the overall management of the Country Club pool and Cavanah shall pay the Village the sum of $2,000 per month to utilize the pool for swim lessons, swim classes, water aerobic classes, water polo classes and other organized swim training and swim team activities; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council approves an Independent Contract Agreement with Richard E. Cavanah, Inc. for the management of Country Club pool operations, a copy of which is attached hereto and incorporated herein, at a total cost of $29,214.50 over the seven month term of the Agreement, with funds expended from Account No. A8051 -33491 (Pool — Contractual Services). This sum shall be offset by the $14,000 in payments from Richard E. Cavanah, Inc. to the Village for use of the pool for classes and training activities. Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective retroactive to October 1, 2014. PASSED AND ADOPTED THIS 11TH DAY OF DECEMBER, 2014. (Village Seal) 1, � (� D"�' MAYOR ATTEST: VILLAGE CLERK INDEPENDENT CONTRACTOR AGREEMENT VILLAGE OF NORTH PALM BEACH THIS AGREEMENT is made this l / /tday of December, 2014, by and between the Village of North Palm Beach, Florida, a Florida municipal corporation (hereinafter referred to as VILLAGE) and Richard E. Cavanah, Inc., a Florida corporation (hereinafter referred to as CONTRACTOR), whose mailing address is 100 Fathom Road, North Palm Beach, FL 33408. WHEREAS, it is necessary for VILLAGE to retain the services of CONTRACTOR to manage all Country Club Pool operations, including, but not limited to supervision and training of Village employees, management of general pool operations, oversight of appropriate facilities maintenance, budgeting, marketing, promotion, and scheduling of special events and regular activities, merchandising and management of the swim shop, and other projects as assigned. WHEREAS, CONTRACTOR represents it is capable and prepared to provide such services. NOW, THEREFORE, in consideration of the promises contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 EFFECTIVE DATE AND TERM The effective date of this Agreement shall be retroactive to October 1, 2014. This Agreement shall terminate on April 30, 2015, unless otherwise extended by written amendment, or earlier terminated as provided herein. ARTICLE 2 SERVICES TO BE PERFORMED BY CONTRACTOR 2.1 GENERAL CONTRACTOR shall provide consultation and services regarding management of all Country Club Pool operations. Such management includes, but is not limited to on -site supervision of Village and CONTRACTOR's employees assigned to the pool during operating hours, appropriate training of Village employees assigned to the pool, oversight of appropriate facilities maintenance to ensure compliance with all applicable health, safety and other standards, budgeting, marketing, promotion, and scheduling of special events and regular activities, and other projects as assigned. With respect to the Swim Shop, CONTRACTOR shall also provide the following services: suitable inventory of swimming accessories as agreed to by the parties; signage and displays providing promotional information related to the available products and services (with pre - approval by VILLAGE prior to use); training of VILLAGE counter personnel; merchant processing system, including hardware and software to process transactions and account for inventory; monthly Page 1 of 12 reports on all pool usage /special events, maintenance costs, daily revenues, budget /actual reviews, and daily cash receipting reports. CONTRACTOR shall spend a minimum of 40 hours per week performing such services on -site, exclusive of any training or coaching directly provided by Richard Cavanah. CONTRACTOR shall ensure the Country Club Pool is open to Village residents and guests in accordance with the following schedule: Pool Hours (October 1, 2014 to April 30, 2015) Tuesday, Wednesday, Thursday, Friday: 10:00am- 12:00pm 12:00pm- 4:00pm Saturday: Sunday: Monday Members Only General Public 10:00am- 6:00pm 12:00pm- 6:00pm Closed All programming and scheduling shall be subject to final approval by the Parks and Recreation Department. Nothing herein shall prevent the parties from agreeing in writing to a limited pool closure for maintenance, emergencies, safety concerns, or other mutually agreeable reasons. 2.2 SCOPE OF SERVICES In addition to the foregoing, the parties agree that the Scope of Services, attached hereto as Exhibit A, are specific responsibilities CONTRACTOR must ensure are accomplished to adequately perform the general duties outlined above. ARTICLE 3 COMPENSATION 3.1 GENERAL As compensation for providing the Services enumerated herein, VILLAGE shall pay CONTRACTOR'S fees based on a flat rate of $4,173.50 per month for the contract term, payable in equal installments to be paid within 30 days of VILLAGE's receipt of an invoice from CONTRACTOR. Page 2 of 12 As compensation for use of the pool for swim lessons, swim classes, water aerobics classes, water polo classes, or other organized swim training activities provided by CONTRACTOR or its employees or subcontractors, including, but not limited to, NPB Swim Team, NPB Masters Swim Team and NPB Water Polo, CONTRACTOR shall pay to VILLAGE the sum of $2,000.00 per month. Within five (5) days of execution of this Agreement, CONTRACTOR shall pay VILLAGE the sum of $6,000.00 for the use of the pool for the months of October, November and December, 2014. Thereafter, CONTRACTOR shall pay the VILLAGE by the fifth (5th) day of each subsequent month through the termination of the Agreement. VILLAGE shall retain one hundred percent (100 %) of all daily fees, memberships and pool rental fees, including, but not limited to, college and high school team rentals, scuba rentals, private party rentals, tiki but rentals and summer camp rental fees. 3.2 Payment For compensation payable by VILLAGE pursuant to Section 3.1 above, CONTRACTOR shall submit a detailed invoice on a monthly basis, to the attention of the Village Finance Department. Accordingly, invoices shall be submitted no later than the 5th of each month and shall cover the prior month's services and accounting of fees. Additionally, each invoice shall indicate CONTRACTOR's tax ID number. The Village shall remit payment for each invoice within 30 calendar days of receipt thereof. However, in no event shall payment be made prior to receipt of an invoice. In the event no work is performed during any month, CONTRACTOR is not required to send an invoice and the Village shall not be responsible for any payment. Compensation paid by CONTRACTOR to VILLAGE pursuant to Section 3.1 above shall be due and payable as specified above and VILLAGE shall not be required to submit an invoice to CONTRACTOR. ARTICLE 4 INSURANCE During the performance of the Services under this Agreement, CONTRACTOR shall maintain the following insurance policies written by an insurance company authorized to do business in Florida: 4.1 General Liability Insurance with each occurrence limits of not less than Five Hundred Thousand Dollars ($500,000), personal injury and general aggregate of not less than One Million Dollars ($1,000,000). All policies must include sexual and physical abuse liability coverage. 4.2 Workers' Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than One Hundred Thousand Dollars ($100,000) for each accident, not less than One Hundred Thousand Dollars ($100,000) for each disease, and not less than Five Hundred Thousand Dollars ($500,000) aggregate. Page 3 of 12 4.3 Hired and Non -Hired Vehicles with limits of not less than less than Five Hundred Thousand ($500,000) per incident. Deductible amounts shall not exceed five percent (5 %) of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insurance. CONTRACTOR shall furnish VILLAGE certificates of insurance which shall include a provision that policy cancellation, non - renewal, or reduction of coverage will not be effective until at least thirty (30) days written notice has been made to VILLAGE. CONTRACTOR shall include VILLAGE as an additional insured on the General Liability Insurance policy and the Automobile policy required by this Agreement. The above insurance requirements may be waived by the Village Manager, in his or her sole discretion. CONTRACTOR shall not commence work under this Agreement until all insurance required as stated herein has been obtained, and such insurance has been approved, or waived by Village Manager. ARTICLE 5 STANDARD OF CARE CONTRACTOR shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a comparable professional under similar circumstances, and CONTRACTOR shall, at no additional cost to VILLAGE, re- perform Services which fail to satisfy the foregoing standard of care. CONTRACTOR warrants that all Services shall be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE 6 INDEMNIFICATION To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and /or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and /or its subcontractors, agents, servants or employees. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. Page 4 of 12 Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida Statutes. ARTICLE 7 INDEPENDENT CONTRACTOR CONTRACTOR undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. ARTICLE 8 COMPLIANCE WITH LAWS in performance of the services, CONTRACTOR will comply with applicable regulatory requirements, including all federal, state, special district, and local laws, rules, regulations, orders, codes, ordinances, criteria, guidelines, directives and standards. The CONTRACTOR shall use standard and reasonably prudent practices in performing its services and work under this Agreement. ARTICLE 9 SUBCONTRACTS VILLAGE reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor. If a subcontractor fails to perform or make progress as required by this Agreement and it is necessary to replace the subcontractor to complete the work in a timely fashion, CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by VILLAGE. ARTICLE 10 FEDERAL AND STATE TAXES VILLAGE is exempt from Federal Tax and State Sales and Use Taxes. CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with VILLAGE. ARTICLE 11 AVAILABILITY OF FUNDS The obligations of VILLAGE under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Council of VILLAGE. The parties acknowledge and agree that this Agreement is subject to budgeting and appropriation by the VILLAGE of funds sufficient to pay the costs associated herewith in any fiscal year of the VILLAGE. Notwithstanding anything in this Agreement to the contrary, in the event that no funds are appropriated or budgeted by the VILLAGE in any fiscal year to pay the costs associated with the VILLAGE's obligations under this Agreement, or in the event the funds budgeted or appropriated are, or are estimated by the VILLAGE to be, insufficient to pay the costs associated with the VILLAGE's obligations hereunder in any fiscal period, then the VILLAGE will notify CONTRACTOR of such occurrence as soon as possible and either the VILLAGE or CONTRACTOR Page 5 of 12 may terminate this Agreement by notifying the other in writing, which notice shall specify a date of termination no earlier than five (5) calendar days after giving of such notice. Termination in accordance with the preceding sentence shall be without penalty or expense to the VILLAGE of any kind whatsoever and the VILLAGE shall pay CONTRACTOR in accordance with the terms of this Agreement for Services up and through the date of termination. ARTICLE 12 VILLAGE'S RESPONSIBILITIES VILLAGE shall be responsible for providing existing information required by CONTRACTOR, including existing pool management and swim shop management information, policies and procedures, other information as relevant to pool and swim shop management, any other information reasonably requested by CONTRACTOR, and other required data that are available in the files of VILLAGE that CONTRACTOR reasonably needs in order to accomplish the work herein. ARTICLE 13 CONTRACTOR'S STAFFING RESPONSIBILITIES CONTRACTOR shall staff sufficient personnel, whether employees or independent contractors, to ensure the safe and efficient management of the pool and provision of appropriate coaching, training and class -type activities. CONTRACTOR agrees all such personnel, whether employees or independent contractors of CONTRACTOR, shall submit sufficient information to the VILLAGE's Human Resources Department to conduct appropriate criminal background screening. CONTRACTOR shall reimburse VILLAGE for all such costs associated with obtaining the criminal background screening for all such personnel retained or employed by CONTRACTOR. ARTICLE 14 COUNTRY CLUB POOL MEMBERSHIP CONTRACTOR shall ensure that all patrons of the Country Club Pool maintain the appropriate membership or have submitted all required fees. Additionally, CONTRACTOR shall ensure that all swim team members maintain active membership at the Country Club Pool. ARTICLE 15 TERMINATION OF AGREEMENT 15.1 TERMINATION WITHOUT CAUSE This Agreement may be terminated by CONTRACTOR without cause upon sixty (60) days' prior written notice to VILLAGE. It may also be terminated by VILLAGE without cause, upon sixty (60) days' written notice to CONTRACTOR. 15.2 TERMINATION WITH CAUSE VILLAGE may terminate this Agreement with cause immediately. "With cause" is defined as: A. Material breach of the Agreement by CONTRACTOR; B. Inappropriate behavior of any of CONTRACTOR's personnel, whether classified by CONTRACTOR as employees or independent contractors, while on duty including, but Page 6 of 12 not limited to, harassment of other employees or customers, violent behavior, or threatening behavior; C. Conviction of a crime of any of CONTRACTOR's personnel, whether classified by CONTRACTOR as employees or independent contractors, which includes having been found guilty of, regardless of adjudication, or having entered a plea of nolo contendere or guilty, to any offense prohibited under any provision of the Florida Statutes or under any similar statute of another jurisdiction relating to dishonesty, violence, moral turpitude or other offenses that casts disrepute on the Village; D. Death of key personnel, including Richard E. Cavanah; E. VILLAGE rejection of key personnel changes proposed by CONTRACTOR; and, F. CONTRACTOR's failure to properly subject its personnel to the required criminal background screening through the VILLAGE's Human Resources Department. 15.3 EFFECT OF TERMINATION CONTRACTOR shall be paid for Services rendered to VILLAGE'S satisfaction through the date of termination. After receipt of a Termination Notice, and except as otherwise directed by VILLAGE, CONTRACTOR shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other material related to the terminated work to VILLAGE. D. Continue and complete all parts of the work that have not been terminated. CONTRACTOR shall be paid for Services actually rendered through the date of termination. ARTICLE 16 UNCONTROLLABLE FORCES Neither VILLAGE nor CONTRACTOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to, fire, flood, Page 7 of 12 earthquake, storm, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental action. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 17 GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce this Agreement will be held in Palm Beach County, and the Agreement will be interpreted according to the laws of Florida. ARTICLE 18 NON - DISCRIMINATION CONTRACTOR warrants and represents that all of its employees, if any, are treated equally during employment without regard to race, color, religion, gender, age, or national origin, disability, or any other category protected by law. ARTICLE 19 WAIVER A waiver by either VILLAGE or CONTRACTOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 20 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Page 8 of 12 The provisions of this Article shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 21 ENTIRETY OF AGREEMENT VILLAGE and CONTRACTOR agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between VILLAGE and CONTRACTOR pertaining to the Services, whether written or oral. ARTICLE 22 MODIFICATION None of the provisions, terms, or conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 23 SUCCESSORS AND ASSIGNS VILLAGE and CONTRACTOR each binds itself and its partners, successors, assigns, and legal representatives to the other party to this Agreement and to its partners, successors, executors, administrators, assigns, and legal representatives. CONTRACTOR shall not assign this Agreement without the express written approval of VILLAGE via executed amendment. ARTICLE 24 CONTINGENT FEES CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 25 OWNERSHIP OF DOCUMENTS Any and all documents, records, disks, program design, class curriculum, or other information created during the term of this Agreement shall become the property of VILLAGE for its use and /or distribution as may be deemed appropriate by VILLAGE. ARTICLE 26 ACCESS AND AUDITS CONTRACTOR shall maintain adequate records to justify all charges and costs incurred in performing the Services for at least three (3) years after completion of this Agreement. VILLAGE shall have access to such books, records, and documents as required in this Article for Page 9of12 the purpose of inspection or audit during normal working business hours at CONTRACTOR'S place of business. ARTICLE 27 NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To VILLAGE Village of North Palm Beach 501 US Highway One North Palm Beach, Florida 33408 Attention: Village Manager As To CONTRACTOR Richard Cavanah 100 Fathom Road North Palm Beach, FL 33408 Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Facsimile transmission is acceptable notice effective when received; however, facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONTRACTOR and VILLAGE. ARTICLE 28 CONTRACT ADMINISTRATION Services of CONTRACTOR shall be under the general direction of the Village Manager or designee, who shall act as VILLAGE'S representative during the term of the Agreement. ARTICLE 29 KEY PERSONNEL CONTRACTOR shall notify VILLAGE in the event of key personnel changes which might affect this Agreement. Notification shall be made within ten (10) days of said changes. The VILLAGE has the right to reject proposed changes in key personnel. The following personnel shall be considered key personnel: Richard Cavanah. ARTICLE 30 CONFIDENTIALITY No reports, information, computer programs, documentation, and /or data given to or prepared or assembled by CONTRACTOR under this Agreement shall be made available to any individual or organization by CONTRACTOR without prior written approval of VILLAGE. The parties hereto however, recognize that this Agreement and documents created in the performance of Services hereunder are subject to Florida's Public Records Laws. Page 10 of 12 ARTICLE 31 CONFLICT OF INTEREST CONTRACTOR represents that it will not provide any services to anyone else which will either directly or indirectly conflict in any manner with the performance of the Services under this Agreement. Any actual or potential conflict between existing clients and responsibilities under this Agreement shall be immediately brought to the attention of VILLAGE in writing. CONTRACTOR shall promptly notify VILLAGE in writing of all potential or actual conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence CONTRACTOR'S judgment or quality of the Services. The notice shall identify the prospective business association, interest, or circumstance and the nature of work that CONTRACTOR wants to undertake and request VILLAGE'S response as to whether the association, interest, or circumstance would, in the opinion of VILLAGE, constitute a conflict of interest if entered into by CONTRACTOR. VILLAGE agrees to notify CONTRACTOR of its opinion within thirty (30) days of receipt of notification by CONTRACTOR. If, in the opinion of VILLAGE, the prospective business association, interest, or circumstance would not constitute a conflict of interest by CONTRACTOR, VILLAGE shall so state in its response, and the association, interest, or circumstance shall not be deemed to be a conflict of interest with respect to the Services. IN WITNESS WHEREOF, VILLAGE and CONTRACTOR have executed this Agreement as of the day and year first above written. VILLAGE OF NORTH PALM BEACH, a Florid municipal corporation By: DARRYL C. AU EY, Mayor (VILLAGE SEAL) ATTEST: By: iG�k L�;-tl VILLAGE CLERK Page 11 of 12 RICHARD E. CAVANAH, INC., Witnesses: a Florida corporation By: 6jPnt Na e: c%eh,,� S 4' RI HARD E. CAVANAH, President Print Name: Ank 17'c cic kjw Page 12 of 12 Exhibit "A" Scope of Services The primary services contemplated by the Agreement is overall management of the Country Club Pool. Management of the Country Club Pool includes supervision and training of pool employees or contractors and directing the work of up to 20 part-time Lifeguards and various Aquatic Professionals. Management of the Country Club Pool also includes management of the operation, maintenance and supervision of the swim pro shop, pool facilities and surrounding grounds. Management of the Country Club Pool further requires demonstrated efforts to increase pool patronage through oversight of maintenance of pool facilities, and planning, organizing, supervising and implementing programs, activities and special events. The Contractor is responsible for oversight of publicity, marketing, and sponsorship of pool events. ESSENTIAL SERVICES: The omission of specific statements of certain responsibilities does not exclude them from the classification if the work is similar, related or a logical assignment for this classification. Other duties may be required and assigned. Manages the Country Club Pool and ensures the operations run effectively and efficiently. Ensures the Country Club Pool is open to Village residents and guests in accordance with the schedule set forth Section 2.1 of the Agreement, excluding any mutually agreed upon dates. Interview, and train employees, set and adjust pay and work hours, maintain production records relating to patronage and participation in Pool and swimming programs, appraise employee productivity and efficiency, discipline employees, manage employee complaints, conduct staff meetings, complete performance appraisals, and plan and apportion work among employees. Hire and fire employees, subject to the Village's policies, code, and Department and Village Manger approval. Determine the most effective techniques, materials, supplies, machinery, equipment or tools to be used in the operation of the Country Club Pool and Swim Pro Shop. Make recommendations regarding the planning and control of the short- and long -term Country Club Pool budget, subject to approval by Village Manger and Council. Such budget, as a subdivision of the Parks and Recreation Department, is generally incorporated in to the Parks and Recreation Budget. Provide supervision and technical assistance in the overall administration, technical operation and maintenance of the Country Club Pool, including oversight of the maintenance of the pumps, motors, chlorinators and other standard pool equipment. Provides on -site supervision of employees and facilities, and is available to Village staff, customers and vendors a minimum of 40 hours per week. When the Country Club Pool is open Page 1 of 3 to Village residents and guests as set forth in Section 2.1 of the Agreement, Richard Cavanah will direct a minimum of 90% of his personal attention to management and will not engage in personal instruction or coaching of various programs or classes that exceed 10% of the hours during which the Country Club pool is open in any given week. Discretion to personally offer, or retain other aquatic professionals to offer, certain programs or classes. Supervise all contractual swim instructors and coaches. Responsible for ensuring on -going positive customer communications and improving customer services. Ensure appropriate responses to customer questions and requests are timely made by the appropriate individual. Manage the overall operation of the Swim Pro Shop including oversight of the planning, purchasing, and pricing of merchandise. Develop and ensure implementation of Swim Pro Shop merchandising plan. Ensure proper staffing during regular operating hours. Ensures supervision and enforcement of pool rules, regulations, and related HRS Health Department Codes and ordinances for the safety and convenience of the public through proper staffing and training of subordinates. Organizes and oversees various swimming activities and programs including, but not limited to, group and private lessons, swim clinics, general recreation and public swimming, classes, and special events. Village retains the right offer special events and schedule staff as needed. Prepares, in a timely manner, all communications, memos, letters, invitations, e -mail, usage /revenue reports; documents safety issues; work orders; reports on program activities and accomplishments; proclamations of events and media releases. Ensures dissemination of accurate and timely information about Pool activities and programs to Department, and media as appropriate and necessary to ensure high level of communication and interest. Ensures appropriate documentation of Pool- generated revenue in compliance with Village processes and systems (Rec Trac) through appropriate selection and training of subordinate staff. ADDITIONAL FUNCTIONS: Assist in determining and publishing hours of operations, and fees and prices for activities, goods and services. Requisitions operating supplies and equipment. Records and deposits money collected. Performs or supervises relevant record keeping and reporting duties. Page 2 of 3 REQUIRED LICENSES AND QUALIFICATIONS: Employees of Contractor must possess and maintain current valid American Red Cross Coach Safety Training Certificate, current Lifeguard Training, CPR/First Aid Certificates, and Certified Pool Operator or equivalent certification in the operation of pools as applicable to the position held. Certifications not held as of the effective date of the Agreement must be obtained within three months of the effective date. Page 3 of 3