1992-31 Agreement with Buddy Goetz as Tennis DirectorRESOLUTION 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 TI{E PERIOD FROM OCTOBER 1, 1992, TO
SEPTEMBER 30, 1993; AND, PROVIDING FOR AN
EFFECTIVE RATE HEREOF.
BE IT RESOLVED BY THE VILLAGE COUNCII. 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 and the Village, whereby _~_
FRANK _"BUDDY" GOELTZ _ shall serve as Tenttis Director of the Tennis
' Facil ities 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 SEPTEMRFR 199
MAYOR ----~_----
~i/~~ST:,
/ V I LLAGE CLE~
A a~REEMENT
THIS AGREEMENT made and entered into the
1992, between the VILLAGE OF NORTH PALM
designated as the "VILLAGE", and FRANK
independent contractor, hereafter designated
in consideration of the mutual promises he
mutually agreed as follows:
16th day of September ,
BEACH, hereinafter
"BUDDY" GOELTZ,
as "GOELTZ", wherein,
rein contained, it is
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
month, commencing
contract wit-h the
shall be directly
designee. Within
responsibilities
one Thousand Thirty Dollars ($1,030.00) per
October 31, 1992. In the performance of his
VILLAGE, in the foregoing capacity, GOELTZ
responsible to the Village Council or its
this limitation, the general functions and
~f 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
to m-~is 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.
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' 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.
Fi. 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/EvenL-s. 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.
~. CONCESSIONS. In addition to perfiorming the duties required
of biro i.n 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 ShUP_. 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 wall<-; are
considered permanent in nature and belong to the VILLAGE
OF NORTH PALM BEACH.
' 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
0 300.00), 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 0100,000) per person and Three Hundred Thousand
' Dollars 0 300,000) per occurrence. The VILLAGE shall be
Warned insured and a copy of a valid insurance certificate
shall be filed with the VILLAGE Clerk at all tunes.
E. Concessions. GOELTZ shall operate all concessions granted
hi i.«~ 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 interne
derived from their operation as his own and for his sole
use and benefit. GOEI_T7_ shall operate all concessions so
that. they do not. interfere with his supervisory responsi-
bilities as enumerated in Section 1 of this Agreement.
The contracts-ng of services by GOEL.TZ to another person,
firm ar company in any capacity, must have prior written
approval by the VILLAGE Council. or its designee. F"ailure
to obtain prior written approval will he grounds for the
termination of this Agreement.
F- Additional Le =see Personnel-. Except for those positions
cnurnerated in t.he. Vi).lage's annual. budget, as to
employment, duties and salary, and those positions
sF->ecifically mentioned herein, he shall secure at his own
expense. any ant! all assistants that may be necessary to
' effectively carry out the activities enumerated in Secti.or~
of this Agreement. He shall be responsible for all
teaching assistants and personnel and sal.ari.es, compensa-
t.ion and expenses thereof. The VILLAGE shall furnish an
aitcndant to co).l.c:ct fees for use of the tennis courts, as
rrel.l as to be responsible for maintenance of the tennis
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' courts and restrooms. The VILLAGE staff will also handle
court reservations.
3. PROFESSIONAL SERVICES.
A. Qefinitions. 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. Tournament s_ Al ]. tournaments shall be scheduled and
organized by the Tennis Director. Tennis Director and
the Adn~inistrative Board shall recommend to the Village
Council who shall establish fees for tournaments. All
tournament profits, if any, shall belong to Tennis
Director, There shall be an accounting within seven
(7) working days of the completion of the t.ournarner~t.
Administratively, all tournaments shall be posted ten
(10) days iri 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. A11 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. Open Plav_. All daily court fees and membership fees
shah belong to the: VILLAGE exclusively.
' D. League Play,/Social Events. Any profit realized from
league play a.nd 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
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' 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 (40)
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.
`5. J_NDEPENDENT CONTRACTOR. The parties entering into this
Agreerne:nt with the specific intent- and understanding that.
GOELTL is an independent contractor and shall perform all the
dut.ie<c hereunder in such capacity and not as an employee of the.
vILLAG[ 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. GOELT"L shall promin-
ently display the fact that he is an independent contractor and
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n
''i
riot an employee of the VILLAGE OF NORTH PALM BEACH for all
purposes including, but not limited to, sale of tennis merchandise
and instruction.
6. TERMINATION.
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
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their hands and seals this _16th day of Sgptember 1992.
greed in'the/presence of:
.- i `~ .~
EST:
7LLAGE CLERK
u
q
FRANK "BUDDY" G - TZ
1"HE VILLAGE OF NORTH FALM BEACH
MAYOR
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