2007-094 Agreement for Tennis Professional Services• RESOLUTION 2007-94
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING AN AGREEMENT FOR
TENNIS PROFESSIONAL SERVICES BETWEEN THE VILLAGE AND
RICHARD WAIDELICH AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Village Administration has negotiated an Agreement with Richazd Waidelich to act
as tennis professional for the Village under the terms and conditions set forth therein; and
WHEREAS, the Village Council deternunes that execution of the Agreement for Tennis
Professional Services is in the best interests ofthe Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals aze ratified as true and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby
approves the Agreement for Tennis Professional Services between the Village and Richazd
Waidelich, a copy of which is attached hereto and incorporated herein by reference, and
authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 11th DAY OF OCTOBER 2007.
(Village Seal)'°.
ATTEST: ~'°~
VILLAGE CLERK
•
AGREEMENT FOR TENNIS PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into by and between the Village of
North Palm Beach, a Florida municipal corporation ("Village"), 501 U.S. Highway One,
North Palm Beach, FL 33408 and Richard Waidelich, 1001 Seafarer Circle, Apt. 404,
Jupiter, FL 33477 ("Professional").
WITNESSETH:
WHEREAS, the Village, through its Parks and Recreation Department, operates
and maintains a tennis center at the North Palm Beach Country Club ("Club") and
desires to enter into a contract with Professional for tennis professional services; and
WHEREAS, Professional is willing to provide such services, and the Village is
willing to accept such services, subject the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, in consideration of the mutual representations and
obligations herein contained, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Recitals:
The foregoing recitals are ratified as true and are incorporated herein.
2. Exclusivity:
Professional shall act exclusively as the tennis professional for the Village and
shall not act as tennis professional for any other Gub, nor shall Professional conduct
any other business activity at or through the Club that is not covered by this Agreement
3. Tennis Instruction and Compensation:
A. Professional shall provide tennis instruction and tennis clinics. The fee
schedule for such instruction and clinics shall be approved by the Director of Parks and
Recreation and shall be commensurate with those fees generally charged by other
facilities in the area. The allocation of the fees derived from such instruction shall be
dependent upon the number of regular tennis memberships on February 15th of each
contract year. Such allocation shall apply until recalculated on February 15th of the next
contract year.
Lessons
Number of Membershi s Fee Allocation to Professional Fee Allocation to Villa e
170 or more 85% 15%
165-169 80% 10%
160-164 75% 25%
159 or less 70% 30%
Page 1 of 5
Clinics
Number of Membershi s Fee Allocation to Professional Fee Allocation to Villa e
170 or more 75% 25%
165-169 70% 30%
160-164 65% 35%
159 orless 60% 40%
B. Professional shall be entitled to utilize existing equipment; however, he
shall be responsible for any additional supplies necessary for tennis instruction and
clinics.
C. Professional shall process payments for all persons to whom Professional
is providing instruction through the Village's point of sale (POS) system.
D. Professional shall collect a court rental fee of $5.00 from all non-members
prior to providing instruction and process such payments through the Village's POS
system.
4. Assistant Tennis Professionals
A. Professional is authorized to hire assistant tennis professionals, provided,
however that such additional persons shall be employees of the Professional and have
no employment or contractual relationship with the Village.
B. Professional shall be responsible for the maintenance of all required
insurance of any such employees and the withholding and payment of all applicable
taxes. Professional shall be solely responsible for the supervision of all assistant tennis
professionals, provided, however, that the Village reserves the right to conduct
background investigations on any persons employed by Professional and working at the
Club.
5. Camps and Special Events:
Professional shall, in coordination with the Director of Parks and Recreation,
conduct a comprehensive tennis program, which shall include camps and other special
events. The Village shall pay to the Professional the following fees for providing such
special event services on behalf of the Village:
Professional: $40.00 per hour
Assistants: $26.00 per hour
Page 2 of 5
6. Use of Tennis Courts and Fee:
A. Professional shall pay to the Village a fee of three thousand dollars
($3,000.00) on or before October 1ST of each year, commencing October 1, 2007, for
use of the tennis facility, the pro shop and the North Palm Beach Country Club name
and logo.
B. Professional shall have the use of two (2) of the ten (10) tennis courts to
conduct his activities prior to noon of each day and shall have the use of six (6) of the
ten (10) tennis courts to conduct his activities after noon each day. Four (4) of the
tennis courts shall remain open for "walk on" play at all times.
7. Insurance:
Professional shall provide and maintain in full force and effect an insurance
policy or policies protecting the Village and Professional from and against any loss,
liability, or expenses whatsoever from personal injury, death, property damage or
otherwise arising or occurring upon or in connection with or by any reason of the
Professional's operation on or occupancy of the Club's tennis center, whether the same
occurs or the cause arises on or off such premises. The Village shall be named as an
additional insured on such policies, with the exception of Worker's Compensation, and
Professional shall furnish the Village with a certificate showing the Village as a named
insured on such policies. The certificate of insurance shall provide thirty (30) days
written notice to the Village prior to any adverse change, cancellation or non-renewal of
coverage.
The minimum limits of liability for such policies shall be as follows:
Personal injury (per person) $ 100,000.00
Personal injury (per occurrence) $ 300,000.00
Property damage $ 100,000.00
General liability $1,000,000.00
8. Taxes and Licenses:
A. Professional shall collect and pay the Florida Sales and Use Tax, in
addition to all other taxes which may be applicable to the operations of Professional.
B. Professional shall secure and maintain all licenses necessary to do
business in the Village, County and State at Professional's sole expense.
9. Independent Contractor
The parties acknowledge that Professional is an independent contractor and
shall not, for any purpose, be considered an employee of the Village. The parties
stipulate that this Agreement is not an employment contract and does not create an
employer/employee or principal/agent relationship, nor will such a relationship be
created by reason of Professional's performance of the services specified herein.
Page 3 of 5
10. Term and Termination:
A. This Agreement shall commence on October 1, 2007 and shall continue in
full force and effect until terminated by either party as set forth below.
B. Either party may terminate this Agreement upon thirty (30) days' written
notice to the other party, provided, however, that the Village may terminate this
Agreement immediately for any of the following causes:
(1) Neglect of duty;
(2) Incompetence;
(3) Permanent inability to perform duties;
(4) Fraud; or
(5) Conviction of, or plea of nolo contendere to, any crime involving theft or
moral turpitude.
12. Miscellaneous Provisions:
A. Entire Agreement. This Agreement constitutes the entire understanding
and agreement between the parties with respect to the subject matter thereof.
B. Modification. This Agreement may only be amended or modified in writing
and signed by each party.
C. Assignment. This Agreement shall not be assigned by either party.
D. Severability. If any part of this Agreement is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such provision shall be inapplicable
and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of
this Agreement shall not be invalidated thereby and shall remain in full force and effect
to fullest extent possible.
E. Indemnification. In the event a claim or lawsuit is brought against the
Village, its officers, employees, servants or agents relating to or arising out of
Professional's pertormance under the terms of this Agreement, Professional hereby
agrees to indemnify, save and hold harmless the Village, its officers, employees,
servants or agents and to defend said persons from any claims, liabilities, causes of
action and judgments of any type whatsoever. This provision shall survive termination
of the Agreement.
F. Effective date. The effective date of this Agreement shall be as of the
date it has been executed by both parties hereto.
G. Attorney's Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system is brought to enforce or interpret this Agreement, or if any
administrative proceeding is brought for the same purpose, the non-prevailing party
shall pay to the prevailing party reasonable attorney's fees and costs, including
appellate fees and costs.
Page 4 of 5
H. Controlling Law and Venue. This Agreement shall be governed by the
laws of the State of Florida. In the event it becomes necessary for either party to initiate
legal action, the parties agree and acknowledge that venue shall lie solely within the
Fifteen Judicial Circuit in and for Palm Beach County for claims under state law and the
Southern District of Florida for claims under federal law.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates indicated below:
,~~~,.,.
,,~;d;"
,, ,
Attest:
Village Clerk
Witnessed by:
Print Name:
VIL OF NORTH PA BEACH:
~~ m
Mayor
Date: ~ ~~ 07
PROFESSIONAL
I""` - L`~~o~~
Richard Waidelich
Date: ~ °~ °~
Page 5 of 5