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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 ___ 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. 1 ' 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 ?. ' 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. 3 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 4 ' 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 1 5