2003-047 Tennis Director Agreement with AgnolinRESOLUTION 47-2003
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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 MARCEL AGNOLIN ATTACHED AS
EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING A TENNIS
DIRECTOR FOR THE TENNIS FACILITIES AND ITS OPERATIONS AT THE NORTH
PALM BEACH COUNTRY CLUB FOR THE PERIOD FROM OCTOBER 1, 2003, TO
SEPTEMBER 30, 2005; AND PROVIDING FOR AN EFFECTIVE DATE.
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, does hereby
approve the Agreement with Marcel Agnolin attached as Exhibit "A", which Agreement is for
the purpose of securing a tennis director for the tennis facilities and its operations at the North
Palm Beach Country Club for the period from October 1, 2003, to September 30, 2005.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Agreement with Marcel Agnolin, set forth in Exhibit "A" for and on behalf of the Village of
North Palm Beach.
Section 3. This Resolution shall take effect immediately upon its adoption.
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PASSED AND ADOPTED THIS 28th DAY OF AUGUST, 2003.
AGREEMENT
THIS AGREEMENT made and entered into this /7s~j day of s_fED~EI?T~.t-~, 2003,
• between the VILLAGE OF NORTH PALM BEACH, hereinafter designated as the "VILLAGE" and
MARCEL AGNOLIN, independent contractor, hereinafter designated as "AGNOLIN" wherein, in
consideration of the mutual promises herein contained, it is mutually agreed as follows:
COMPENSATION AND DUTIES. The VILLAGE hereby enters into contract with
AGNOLIN as Tennis Director at the North Palm Beach Country Club for the period from
October 1, 2003 to September 30, 2005. For the services of AGNOL[N, the VILLAGE shall
pay the amount of Two Thousand Eight Hundred Thirty-four ($2,834.00) Dollars per month
commencing on October 1, 2003. In the performance of his contract with the VILLAGE in
the foregoing capacity, AGNOLIN 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 Village Manager or his designee:
A. To be the NPBCC Tennis Director who shall supervise the VILLAGE employees
working as court and pro shop attendants as mandated by their approvedjob descriptions.
B. To be consultant to the VILLAGE concerning the use of the tennis facility and its
operation and to attend the Country Club Advisory 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 Services and the
Country Club Director concerning any problems dealing directly with the tennis
facilities, their condition, and/or maintenance problems. AGNOLIN shall be
responsible for the operation and maintenance of the tennis facility, pro shop and
associated equipment. The cost of the operation and maintenance of the tennis facility,
pro shop and associated equipment shall be that of the VILLAGE.
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.
When time permits, the Tennis Director shall submit a Special Events Form to the
CCAB through the Country Club Director no less than ten (10) days prior to the event.
I. The Tennis Director shall report planned absences to the Country Club Director 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 capital improvement plan of the tennis
facility.
L. Prepare the annual tennis budget and work with the Country Club Director, Village
Manager and 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.
M. AGNOLIN agrees to consult with the Country Club Director to coordinate activities and
events between the Country Club and the Village and among Country Club activities.
2. CONCESSIONS. In addition to performing the duties required of him in Section I above,
AGNOL[N 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 Shop. AGNOLIN 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 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 AGNOLIN.
B. Tennis Instruction. AGNOLIN shall provide tennis instruction and tennis clinics for
adults and children, and shall collect and keep all fees from tennis instruction. The
VILLAGE shall have the right to allow other parties to provide tennis lessons at
Anchorage Park.
C. Special Events. AGNOLIN and the CCAB shall establish all tennis event fees and all
other special event fees and times. 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 seventy-five percent (75%) and
AGNOL[N shall retain twenty-five percent (25%) of all net income from special events.
D. Insurance. AGNOLIN shall provide personal liability and property insurance for his
concession, written by a company acceptable to the VILLAGE in amount no less than
One Million ($1,000,000.00) Dollars combined single limit. The VILLAGE shall be
named additional insured and a copy of a valid insurance certificate shall be filed with
the VILLAGE Clerk at all times. AGNOLIN shall provide worker's compensation
insurance for himself and his employees as required by law and shall provide proof of
• such insurance to the VILLAGE. If AGNOLIN exempts himself from worker's
compensation coverage, he shall notify the VILLAGE in writing.
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E. Concessions. AGNOLIN shall operate all concessions granted him and referred to in
Section 2. AGNOLIN 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. AGNOLIN 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 AGNOLIN 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.
F. 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, AGNOLIN 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. AGNOLIN shall be responsible for all employees and salaries,
compensation, insurance and expenses thereof. AGNOLIN shall at all times advise the
Country Club Director, in writing, oP his employees and shall provide written
acknowledgment from such employees that they are not employees of the Village of
North Palm Beach. The VILLAGE shall furnish personnel to collect fees for use of the
tennis courts, as well as to be responsible for maintenance of the tennis courts and
restrooms. The VILLAGE staff will also record court reservations.
G. Vending Machines. AGNOLIN shall have the right to operate vending machines at the
tennis pavilion at the North Palm Beach Country Club and retain commissions and
earnings therefrom. The placement of vending machines and the number of vending
machines allowed at the pavilion shall be mutually agreed upon between AGNOLIN
and the V[LLAGE. AGNOL[N shall not have the right to utilize vending machines
from the business known as SAS Vending and Leasing, Ray Cohen, Jr., or a company
in which one Ray Cohen, Jr. is a principal without the prior written permission of the
Village. AGNOLIN shall maintain all vending machines at his expense and keep such
machines in good order and repair. AGNOLIN shall be responsible for providing
change to vending machine customers and loss of product due to malfunction of
vending machines located in the tennis area.
3. RENT. "Fhe 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. AGNOLIN shall pay
the VILLAGE Three Thousand and no/100 ($3,000.00) Dollars divided into equal monthly
installments of Two Hundred and Fifty ($250.00) Dollars each, plus the appropriate tax,
beginning October 1, 2003, 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.
4. PROFESSIONAL SERVICES.
A. Definitions. 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 scheduled once
every four weeks.
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2. Lea ug e Plate 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.
• 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 sometime food will be
included in the fee assessed.
B. Pro rg ams. AGNOLIN shall develop, propose, organize and supervise creative and
challenging programs, tournaments, league play, and social events for adults, children
and all skill levels of players. The Tennis Director shall also provide a Junior Tennis
Program by a variety of methods, including but not limited to, establishing a series of
ongoing lessons, practice sessions, matches, tournaments, league play and/or clinics
geared specifically for Junior Tennis.
C. Tournaments. All toumaments shall be scheduled and organized by AGNOLIN. All
tournament profits and losses shall be that of AGNOLIN. Administratively, all
tournaments shall be posted ten (]0) days in advance of the event on the tennis court
bulletin board with a copy of said notice sent to the Country Club Director at the time of
bulletin board posting. All expenses related to any toumaments conducted shall be paid
by AGNOLIN. AGNOLIN will pay all expenses generated from running the tournament,
including additional hours as needed for extra personnel responsible for the tournament.
D. Promotion Costs. The Village agrees to pay all advertising and promotion costs as
budgeted in the Village's annual budget. AGNOLIN shall have the right to expend
additional personal funds for advertising and promotion costs. All advertising and
promotional items shall first be approved by the Country Club Director.
E. Open Play All daily court fees, and membership fees shall belong to the V[LLAGE
exclusively. AGNOLIN shall retain ball machine fees and be responsible for
maintenance of the ball machine.
F. League Play/Social Events. Any profit realized from league play and for social events
shall belong to AGNOLIN. 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 Director at the
time of bulletin board posting.
G. Professional Dues. The VILLAGE shall budget, during the term of this agreement, the
annual dues for AGNOLIN's membership in the United States Professional Tennis
Association (USPTA).
5. GENERAL.
A. AGNOLIN 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 AGNOLIN, 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 AGNOLIN; provided, however,
VILLAGE agrees to make billings to such credit customers in his ordinary course of
business and to remit to AGNOLIN only what the VILLAGE receives from such
members minus the fee in (C) below.
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C. The VILLAGE shall charge AGNOLIN four percent (4%) administrative fee on all
amounts it collects which are due and payable to AGNOLIN. The administrative fee
shall be deducted from any amount due AGNOLIN from the VILLAGE.
• D. All daily guest fees and membership fees shall belong to the VILLAGE .Court rental
fees shall be charged to non-residents, non-members and walk-ons. The moneys
collected for court rental, and daily fees shall be remitted to the North Palm Beach
Country Club Administrative Office daily, along with the detailed report, documents
and supporting information including, but not limited to, copies of the pre-numbered
validated receipts issued at the time of transaction, sign in sheets, and cash register tape.
E. AGNOLIN has the right to hire additional tennis professionals as long as the court time
given to these additional professionals does not interfere with general court usage. The
moneys for tennis instruction by assistant tennis professionals shall be paid to AGNOLIN
and not to the assistant tennis professionals. The Country Club Director shall make such
determination. The hiring of such tennis professionals by AGNOLIN shall not be
considered a contracting of services to another person, firm or company in violation of
this contract. These additional professionals shall not be charged court rental fees, and
any financial arrangement made will be between AGNOLIN and the additional
professionals. All such tennis professionals shall be under the charge of and responsible
to AGNOLIN and shall not be employees of the Village of North Palm Beach.
F. AGNOLIN and his immediate family shall be given tennis privileges at the NPBCC
tennis facility during the terms of this contract.
G. AGNOLIN is subject to an annual performance evaluation based on performance
criteria and an evaluation process set by the VILLAGE.
6. INDEPENDENT CONTRACTOR. The parties are entering into this Agreement with the
specific intent and understanding that AGNOLIN is an independent contractor and shall
perform 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 AGNOLIN an employee of the VILLAGE for any purpose.
AGNOLIN 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.
7. TERMINATION.
A. This agreement shall terminate upon the happening of any of the following events:
1. Upon its normal termination if not renewed.
2. Upon the death of AGNOLIN.
3. Upon the physical disability of AGNOLIN. Said disability shall be such as will
• incapacitate AGNOLIN for an aggregate of six months, which do not have to be
consecutive, during the working period of [his Agreement. After such period the
VILLAGE can elect to terminate this agreement within 60 days after notice is
delivered to AGNOLIN.
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4. Upon written notice by the VILLAGE of termination for good cause and sufficient
cause. Such good and sufficient cause shall include, but not be limited to, the
following: dishonesty detrimental to the best interests of the VILLAGE;
• continuing inattention or negligence of duties; suspension from USPTA for more
than 30 days; serious illegal or immoral conduct.
B. In the event of termination of this Agreement pursuant to Paragraph 6A, AGNOLIN
shall be paid his compensation to date of termination. In the event of death, AGNOLIN
shall be paid his compensation to and including the month of death, or, in the event of
disability, shall be paid to the last day of a month in which termination occurs.
C. In the event of termination by death or disability, AGNOLIN or his representative may
elect to have the VILLAGE purchase all merchandise at AGNOLIN's cost less
depreciation as set forth under standard accounting practices, and to pay the same to
AGNOLIN or his representative within 30 days of the date of the notice of such election.
D. If the V[LLAGE terminates without good and sufficient cause, AGNOLIN shall be
entitled to the following compensation from the VILLAGE:
AGNOLIN shall receive his ordinary compensation to date of termination plus
severance pay of Three Thousand ($3,000.00) Dollars.
2. In addition AGNOLIN or his representative may elect to have the VILLAGE
purchase all merchandise at AGNOLIN's cost less depreciation as set forth under
standard accounting practices, and to pay the same to AGNOLIN or his
representative within 30 days of the date of the notice of such election.
AGNOLIN agrees to the compensation and severance pay set forth in Paragraph 6D as
full and just compensation for the VILLAGE's termination without cause. Upon payment
as set forth in this Paragraph 6D, AGNOLIN waives any and all other rights and legal
remedies that he might have against the VILLAGE by reason of such termination.
E. AGNOL[N or his representative shall be responsible for all outstanding debts of
AGNOLIN.
8. INDEMNIFICATION. AGNOLIN agrees to indemnify and save and hold VILLAGE
harmless at all times after date of this Agreement, against and in respect of all liabilities, claims,
damages, deficiencies, actions, proceedings, demands, assessments, judgments, costs and
expenses incident to any of the foregoing by reason of AGNOLIN's performance of Agreement
and conduct of business from and after date of this Agreement. Such indemnification shall
include damage to the property of the VILLAGE or injury to employees or agents of the
VILLAGE arising out of the conduct, operation, acts or omissions of AGNOL[N hereunder.
9. ATTORNEY'S FEES. In any litigation between the parties in regards to this Agreement, the
prevailing party in such litigation shall be entitled to recover from the non-prevailing party a
• reasonable attorney's fees and all costs of litigation both at the trial and appellate level.
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10. TAXES. AGNOLIN shall be responsible for and pay all taxes, including ad valorem taxes,
levied by governmental authorities pursuant to and by reason of the Agreement between
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VILLAGE and AGNOLIN.
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IN WITNESS WHEREOF, the parties herewito have set their hands and seals this _/73~! day
of ~ ~~J~7?Q'6~~~ , 2003.
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