1992-30 Agreement with Richard Cavanah as Pool Manager' RESOLUTION N0.30-92 _~
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 RICHARD E.
CAVANAH, INC., A FLORIDA CORPORATION, WHEREBY
RICHARD E. CAVANAH, INC., SHALL SERVE AS POOL
MANAGER OF THE SWIMMING POOL 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 Richard
E. Cavanah, Inc., a Florida corporation, and the Village, whereby
' Richard E. Cavanah, Inc., shall serve as Pool Manager of the
Swimming Pool 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 1992
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MAYOR
s,r .
i
~~~ . ~'l
VILLAGE CLERK
' AGREEMENT
THIS AGREEMENT made and entered into this 16th day of
September, 1992, between the VILLAGE OF NORTH PALM BEACH, hereinafter
<iesiynated as the "VILLAGE" and RICHARD E. CAVANAH, INC., a Florida
Corporation, independent contractor, hereinafter designated as
"CAVANAH" wherein, in consideration of the mutual promises herein
contained, it is mutually agreed as follows:
1. COMPENSATION AND Up TIES The VILLAGE hereby enters into
contract with CAVANAH as Pool Manager of the Swimming Pool operated
by the VILLAGE at the North Palm Beach .Country Club for the period
fromi October 1, 1992 to September 30, 1993. For the services of
CAVANAH, the VILLAGE shall pay the amount of One Thousand Two Hundred
Sixty-Nine Dollars and 01,269.00), per month commencing on
October 37., 1992. In the performance of its contract.
with the VILLAGE in the foregoing capacity, CAVANAH shall be directly
responsible to the Village Council or its designee. Within this
]imitation, the general function and responsibilities of said
contractor shall be as follows:
A. To be the Manager of the VILLAGE pool and, in that position,
supervise the VILLAGE employees working as pool secretary,
1i-feguards, swim i-nsta-uctors and general pool help, as
mandated by their approved .iob descriptions.
B. 'fo be a consultant to the VILLAGE concerning operation of the
pool.
L. To propose, organize and operate aquatic programs for pool
users with the concurrence of the Administrative Board.
The Pool Manager shall. submit a Special- Events Form to the
Country Club Administrative Board thirty (30) days prior
to the event.
D. To consult with the. director of Public Services concerning
any problems dealing directly with the pool facilities, their
condition and/or rnaintenanc:e problems.
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' E. To promote goodwi).1 and public relations with members and
other VILLAGE residents by working and cooperating with pool
users.
F. To post information regarding use of the pool facilities,
availability of instruction for swimming lessons and other
data pertinent to the successful operation of pool activities
including a monthly calendar of daily activities at the pool.
G. The Pool Manager shall report planned absences to the Country
Club Business Office and designate who will provide
supervision during its absence from the premises.
H. Meets/Events. CAVANAH shall keep the Country Club Adminis-
trative Board informed of all pool activities including
swimming meets, parties, rentals, etc. These events shall.
be coordinated with the Country Club restaurant.
I. To diligently carry out the applicable policies and proce-
dures as set forth in the North Palm Beach Country Club Rules
and Regulations.
2. CONCESSIONS. In addition to performing the duties required
' of fiim iri Section 1 above, CAVANAH shall be given the exclusive
privilege and shall be required during the period of his affiliation
with the VILLAGE by reason of L'he provisions of this Agreement, to
operate the following concessions on the premises of the North Palrn
E3each Country C:).ub according to the terms and conditions set forth in
connection with each
A, swirr~_Sho~. CAVANAH will purchase and sell all swim merch-
andise and equi.prnent from the Swim Shop, Said merchandise
to be purchased and sold by CAVANAH om its hired help and by
employees employed by the VILLAGE.
E.. Swim Instruction. CAVANAH shall provide swim instruction at
the pool and shall collect and keep all fees from Swim learn
instruction and from all private instruction. Designated
hours for such instruction shall be .iointly determined by
CAVANAH and the Administrative Board, CAVANAH and the
Adrninistrat.i.ve Board shall recommend to the Vi).lage Counci].
' who shall establish all swim meet and non-instructional
programs' fees and participation in the revenues generated by
those fees.
C. 5-pe d al/SOCi~rl_ Events. CAVANAH and the Administrative Board
shall recommend to the Vi ).1 age Council who shall establish
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' all swim meet and non instructional programs' fees. CAVANAH
shall retain net profits, if any, from special event and
social events,
D. e t The VILLAGE shall furnish CAVANAH present swim shop
and office area at the Club, which space is approximately 500
square feet, for use as its office and sales room. CAVANAH
shall pay the VILLAGE Three Thousand Six Hundred Dollars
and No Cents ($3,600.00) per year, divided into equal monthly
installments of Three Hundred Dollars and No Cents
0300.00), plus the appropriate tax, beginning October 1,
1992, for sale of equipment during the terms of this
Agreement.
E. Insurance. CAVANAH shall provide personnel liability and
property insurance written by a company acceptable to the
VILLAGE in amount no less than $100,000 per person and
$300,000 per occurrence. The VILLAGE shall be named insured
and a copy of a avalid insurance certificate shall be filed
with the VILLAGE Clerk at all times.
F. Concessions. CAVANAH shall operate all concessions granted
him and referred to in Section 2. CAVANAH shall purchase and
pay for all materials and merchandise used or sold in the
' operation of concessions granted it in its own name and on
its own responsibility, and shall receive and retain all
income derived from their operation as its own and for its
sole use and benefit. CAVANAH shall operate all concessions
so that they do not. interfere with its supervisory responsi-
bilities as enumerated in Section 1 of this Agreement. The
contracting of services by CAVANAH or by Mr. Richard E.
Cavanah to another person, firm or company in any capacity,
roust have prior approval, in writing, by the VILLAGE Council
or its designee. Failure to obtain prior written approval
wi].1 be grounds for the termination of this Agreement.
G. 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, CAVANAH shall secure at its own expense, any and all
assistants that may be necessary to effectively carry out the
activities enumerated in Section 2 of this Agreement. It
shall be responsible for all teachings assistants anti
personnel and salaries, compensation and expenses thereof: It
shall advise the Administrative Board, in writing, acknow-
ledged by the ernPloyee, that all teaching assistants are its
employees and not the VILLAGE's.
' 3. GENERAL.
A- CAVANAH shall keep adequate books and records, make al. 1. tax
returns and pay all taxes required in connection with
concessions in i.ts own name.
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t 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 CAVANAH, in its discretion, extends credit to Country Club
members, the VILLAGE shall not have the obligation to make
collections on behalf of CAVANAH; provided, however, VILLAGE
agrees to make billings to such credit customers in its
ordinary course of business and to remit to CAVANAH only what
the VILLAGE receives from such members minus the fee in (D)
below.
D. The VILLAGE shall charge CAVANAH four percent (40)
administrative fee on all amounts it collects which are due
and payable to CAVANAH. The administrative fee shall be
deducted from any amount due CAVANAH from the VILLAGE.
E. All daily guest fees and membership fees shall belong to the
VILLAGE only. The monies collected shall be remitted to the
North Palm Beach Country Club Administrative Office daily,
along with the detailed report and copies of the pre-numbered
' validated receipts issued ,at the time of the transaction.
4. INDEPENDENT CONTRACTOR. The parties are entering into this
Agreerne.nt with the. specific intent and understanding that CAVANAH is
an independent contractor and shall perform all the duties hereunder
in surf, 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 CAVANAH an employee of the VILLAGE for any
purpose. CAVANAH shall prominently display the fact that it is an
independent contractor and not an employee of the VILLAGE OF NURTH
PALM BEACH for all purposes including, but not limited to, sale of
a:wim merchandise and instruction.
5. TERMINATION.
' A. 1hi.s 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 5A above, this Agreement
shaJ.l also terminate upon the death or disability of RICEIARD
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' E. CAVANAH, upon his failure to provide full-time services
to the VILLAGE on behalf of RICHARD E. CAVANAH, INC. or
failure to meet any obligation imposed by terms and
condition of this Agreement.
IN WITNESS WHEREOF, the parties hereunto have set their hands
and sealed this 16th day of~gp emb r , 1992.
RICHARD E. CAVANAH, INC.
fined in,the presence of:
v/IW, BY
//~>-»I O ~ / ~_ /J~•O R~E . CA ANAH, PRESIDENT
THE VILLAGE OF NORTH PALM BEACH
MAYORy ~~
/ A ST:
' V LLAGE CLERK
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