1993-045 Tennis Director Agreement Frank Buddy GoeltzRESOLUTION NO. 45-93
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" GO$LTZ, 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 THE PERIOD FROM OCTOBER 1, 1993, TO SEPTEMBER 30,
1994; 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 Frank "Buddy" Goeltz and the
Village, 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 the period from October 1, 1993, to September 30, 1994. That a copy of the
' Agreement is attached as Exhibit "A" and made a part hereof.
the Village.
Section 3. This Resolution shall take effect immediately upon its adoption.
Section 2. The Mayor and Village Clerk are hereby authorized and
directed to execute the Agreement set Porth in Exhibit "A" for and on behalf of
PASSED AND ADOPTED THIS 23RD DAY OF SEPTEMBER , 1993.
Mayor
ATTEST:
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Village Clerk
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AGREEMENT
THIS AGREEMENT made and entered into the
1993, 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:
23rd day of September ,
BEACH, hereinafter
"BUDDY" GOELTZ,
as "COELTZ", 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, 1993 to
September 30, 1994. For the services of GOELTZ, the VILLAGE shall
pay the amount of One Thousand Thirty Dollars ($1,030.00) per
month, commencing October 31, 1993. 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 functions and
responsibilities of said contractor shall be as follows in concert
with the Country Club Manager:
A. To be the NPBCC Tennis Director who shall supervise the
Village employees working as cashiers/blerks 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
tennis members and guests. The Tennis Director shall
submit a Special Events Form to the 'Country Club Manager
thirty (30) days prior to the event.
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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.
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.
H. 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 Manager and designate who will provide
supervision.
J. Meets/Events. The Tennis Director shall keep the Country
Club Manager 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.
2. CONCESSIONS. 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 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:
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A. Pro Shoa. 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 walls 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
($300.00), plus the appropriate tax, beginning October 1,
1993, 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 for his concession, written by a
company acceptable to the VILLAGE in amounts not less than
One Hundred Thousand Dollars ($100,000) per person and
Three Hundred Thousand Dollars ($300,000) per occurrence.
The VILLAGE shall be named insured and a copy of a valid
insurance certificate shall be filed with the VILLAGE Clerk
at all times.
E. Concessions. COELTZ 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 responsi-
bilities 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 written approval will be grounds for the
termination of this Agreement.
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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, he 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. He shall be responsible for ail
teaching assistants and .personnel and salaries, compensa-
tion and expenses thereof. The VILLAGE shall furnish an
attendant 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 handle
court reservations.
3. 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 schedule once every four weeks.
2. League Plav. 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. Tournaments. All tournaments shall be scheduled and
organized by the Tennis Director. Tennis Director and
the Administrative 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 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
Administrative Board at the time of bulletin board
posting. All expenses related to any tournaments
conducted shall be paid by GOELTZ. GOELTZ will pay all
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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
shall belong to the VILLAGE exclusively.
D. League Plav/Social Events. 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 Administrative
Board 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 Manager 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
COELTZ 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 (4SG)
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.
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5. INDEPENDENT CONTRACTOR. The parties entering into this
Agreement with the specific intent and understanding that
GOELTZ 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 GOELTZ
an employee of the VILLAGE for any purpose. GOELTZ shall promin-
ently 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 hereto have hereunto set
their hands and seals this ~OtF day of Sgptember 1993.
Signed in the presence of:
~YC~~~OCL ,~~~
F-~ DDY" G Z
THE VILLAGE OF NORTH PALM BEACH
r MAYOR
TTEST: /
0
VILLAGE CLERK
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