1998-049 Tennis Director Agreement w/Goeltz•
RESOLUTION N0. 49'98
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN AGREEMENT WITH FRANK "BUDDY"
GOELTZ, ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT IS FOR THE PURPOSE OF
SECURING A TENNIS DIRECTOR AT THE
NORTH PALM BEACH COUNTRY CLUB FOR
THE PERIOD FROM OCTOBER 1, 1998,
THROUGH SEPTEMBER 30, 2000; AND
PROVIDING FOR AN EFFECTIVE DATE.
• BE IY RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
ection 1. The Village Council of the Village of North Palm Beach, Florida,
does hereby approve the Agreement with Frank "Buddy" Goeltz, attached as Exhibit "A",
which agreement is for the purpose of securing a Tennis Director at the North Palm Beach
Country Club for the period from October 1, 1998, through September 30, 2000.
ction 2. The Mayor and Village Clerk are hereby authorized and directed
to execute the Agreement with Frank "Buddy" Goeltz, set forth in Exhibit "A" for and on
behalf of the Village of North Palm Beach.
ectio .This Resolution shall take effect immediately upon its adoption.
• PASSED AND ADOPTED THIS 12th DAY OF November , 1ggg.
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(Village Seal)
ATTEST:
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VILLAGE CLERK
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THIS AGREEMENT made and entered into this 12th day of November 1998,
between the VILLAGE OF NORTH PALM BEACH, hereinafter designated as the "VILLAGE" and
FRANK "BUDDY" GOELTZ, independent contractor, hereinafter designated as "GOELTZ"
wherein, in consideration of the mutual promises herein contained, it is mutually agreed as follows:
1. COMPENSATION AND DITTiFC The VII,LAGE hereby enters into contract with
GOELTZ as Tennis Director at the North Palm Beach Country Club for the period from October
1, 1998 to October I, 2000. For the services of GOELTZ ,the VILLAGE shall pay the amount of
one thousand four hundred thirty one dollars and_eight cents ($1,431.08), per month commencing on
October 31, 1998. 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 function and responsibilities of said contractor shall be as follows in concert with the
Country Club Administrator:
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
and its operation and to attend the Country Club Administrative Board
(CCAB) meetings and Village Council meetings as requested.
C. To propose, organize and operate tennis programs for tennis facilities with the
concurrence of the CCAB.
D. To supervise all organized leagues and tournaments.
E. To consult with the golf course superintendent, the Director of Public
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Services and the CCAB concerning any problems dealing directly with the
• tennis facilities, their condition, and/or maintenance problems. GOELTZ shall
be responsible for the operation and maintenance of the tennis facility, pro
shop and associated equipment.
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.
H. To post information in the Pro Shop regarding use of the tennis facilities,
availability of instruction of tennis lessons and other data pertinent to the
successful operation of tennis activities including a monthly calendar of daily
activities at the tennis facilities. The Tennis Director shall submit a Special
Events Form to the CCAB through the Country Club Administrator no less
than thirty (30) days prior to the event.
The Tennis Director shall report planned absences to the Country Club
Administrator and designate who will provide supervision.
J. To diligently carry out the applicable policies and procedures as set forth in
• ,the NPBCC Rules,and Regulations.
K. To establish and update annually a five year plan of the tennis facility.
L. Prepare the annual tennis budget and work with the CCAB for the eventual
submission of same to the Village Council. Attend budget meetings to explain
and discuss budget proposals related to the tennis operation.
2. CON E4 ION In addition to performing the duties required of him in Section
1 above, GOELTZ shall be given the exclusive privilege and shall be required during the period of
his affiliation with the VILLAGE by reason of the provisions of this Agreement to operate the
following concessions on the premises of the North Palm Beach Country Club according to the terms
and conditions set forth in connection with each:
A. Pro Shon. 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 Tentus Shop. It is
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• 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. Gross proceeds from sale of merchandise and equipment in
the tennis shop shall be retained by GOELTZ.
B. 'Tennis Instruction. GOELTZ shall provide tennis instruction and tennis
clinics upon request, and shall collect and keep all fees from tennis instruction.
Designated hours for such instruction shall be jointly determined by GOELTZ
and the CCAB. 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.
C. Special Events GOELTZ and the CCAB shall establish all tennis event fees
and all other special event fees. Special Event is defined by the following
criteria: An event of which participants are non-members, the facility would
preclude members from use of the facility. VILLAGE shall retain all revenues
from special event.
D. Rent. The VILLAGE shall furnish the present pro shop area at the tennis
facility for use as its office and sales room; this space is approximately 450
square feet. GOELTZ shall pay the VILLAGE three thousand eight hundred
. seventy four dollars and no cents ($3,874.00) divided into equal monthly
installments of three hundred twenty two dollars and eighty three cents
($322.83), plus the appropriate tax, beginning October 1, 1998, as rent for
the use ofthe tennis facilities, for the right to sell equipment, and the right to
teach during the terms of this Agreement.
E. Insurance. GOELTZ shall provide personal liability and property insurance
for his concession, written by a company acceptable to the VILLAGE in
amount no less than one hundred thousand dollars ($100,000.00) per person
and three hundred thousand dollars ($300,000.00) per occurrence. The
VII,LAGE shall be named insured and a copy of a valid insurance certificate
shall be filed with the VILLAGE Clerk at all times.
F. 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 responsibilities 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 approval will be grounds for the termination
of this Agreement.
G. Additional Lessee Per onnel Except for those positions enumerated in the
VILLAGE'S annual budget, as to employment, duties and salary, and those
positions specifically mentioned herein, GOELTZ shall secure, at his own
expense, any and all assistants that may be necessary to effectively carry out
the activities enumerated in Section 2 of this Agreement. GOELTZ shall be
responsible for all employees and salaries, compensation and expenses thereof.
The VILLAGE shall furnish an attendant to collect fees for use ofthe tennis
courts, as well as to be responsible for maintenance of the tennis courts and
restrooms. The VILLAGE staff will also handle court reservations.
3. PROFESSIONAi. CF.RVTC'F.S
A. Definitions For purposes of this section, the following definitions will apply:
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 week-ends.
• ~ Tournaments for persons 16 years or under generally are to be
scheduled once every four weeks.
2. League Plav. This is a commitment for amulti-week 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.
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 sometime food will be included in the fee assessed.
4. Special Event This is an event of which participants are non-
members, the facility would preclude members from use of the facility.
B. ,Tournaments. All tournaments shall be scheduled and organized by the
Tennis Director. The Tennis Director and the CCAB shall establish fees for
tournaments. All tournament profits and losses shall be that of the 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 CCAB 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. Open plav All daily court fees, ball machine fees, and membership fees shall
' belong to the VILLAGE exclusively.
D. Lea ue Pl /Social~Fv nt , 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 Country Club
Administrator within seven (7) working days of the completion of the event.
Notice of approved league play and social 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 Country Club Administrator 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. 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 (C)
below.
C. The VILLAGE shall charge GOELTZ 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.
D. All daily guest fees and membership fees shall belong to the VILLAGE only.
The monies collected for court rental, ball machine, and daily fees shall be
remitted to the North Palm Beach Country Club Administrative Office daily,
along with the detailed report, copies of the pre-numbered validated receipts
issued at the time of transaction, sign in sheets, and register tape.
E. GOELTZ and his immediate family shall be given tennis privileges at the
• NPBCC tennis facility during the terms of this contract.
• 5. INDEPENDENT CONTRAC'T[1R_ The parties are entering into this Agreement
with the specific intent and understanding that GOELTZ is an independent contractor
and shall perfornt all the duties 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 prominently display the fact that he
is an independent contractor and not 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.
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IN WITNESS WHEREOF, the parties hereunto have set their hands and seals this 12th
day of November 1998.
Signed in the Presence of << /~
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By:
FRANK"BUDDY" ~LTZ
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YOR
ATTEST:
VILLAGE CLERK
PALM BEACH
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