1993-046 Pool Manager Agreement Richard E. Cavanah
RESOLUTION NO. 46-93
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 RICHARD E. CAVANAH, INC., A FLORIDA
CORPORATION, WHEREBY RICHARD E. CAVANAH, INC., SHALL SERVE AS
POOL MANAGER OF THE SWIMMING POOL 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 Pahn Beach,
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Florida, hereby approves the Agreement between Richard E. Cavanah, Inc. and
the Village, whereby Richard E. Cavanah, Inc. shall serve as Pool Manager of
the Swimming Pool operated by the Village at the North Pahn 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.
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 23RD DAY OF SEPTEMBER , 1993.
Mayor
ATTEST:
r
v jl~Village Clerk -~'
AGREEMENT
THIS AGREEMENT made and entered into this 23rd day of
September, 1993, between the VILLAGE OF NORTH PALM BEACH,
hereinafter
designated as the "VILLAGE" and RICHARD E. CAVANAH, INC., a Florida
Corporation, independent contractor, hereinafter designated as
"CAVANAH" wherein, in consideration of the mutual promises herein
contained, it is mutually agreed as follows:
1. COMPENSATION AND DUTIES. The VILLAGE hereby enters into
contract with CAVANAH as Pool Manager of the Swimming Pool operated
by the VILLAGE at the North Paim Beach Country Club for the period
from October 1, 1993 to September 30, 1994. For the services of
CAVANAH, the VILLAGE shall pay the amount of One Thousand Two
Hundred Sixty-Nine Dollars and ($1,269.00), per month commencing
on October 3l, 1993. In the performance of its contract
with the VILLAGE in the foregoing capacity, CAVANAH 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 Manager:
A. To be the Manager of the VILLAGE pool and, in that position
supervise the VILLAGE employees working as pool secretary,
lifeguards, swim instructors and general pool help, as
mandated by their approved job descriptions.
B. To be a consultant to the VILLAGE concerning operation of
the pool.
C. To propose, organize and operate aquatic programs for pool
users with the concurrence of the Country Club Manager.
D. To consult with the director of Public Services concerning
any problems dealing directly with the pool facilities,
their condition and/or matntenance problems.
E. To promote goodwill and public relations with members and
other VILLAGE residents by working and cooperating with
pool users.
F. To post information regarding use of the pool facilities,
availability of instruction for swimming lessons and other
data pertinent to the successful operation of pool
activities including a monthly calendar of daily activities
at the pool.
G. The Pool Manager shall report planned absences to the
Country Club Manager and designate who will
provide supervision during Its absence from the premises.
H. Meets/Events. CAVANAH shall keep the Country Club
Manager" informed of all pool activities including
swimming meets, parties, rentals, etc. The Pool Manager
shall submit a Special Events Form to the Country Club
Manager thirty (30) days prior to the event. These events
shall be coordinated with the Country Club restaurant.
i. To diligently carry out the applicable policies and proce-
dures as set forth in the North Palm .Beach Country Club
Rules and Regulations.
2. CONCESSIONS. In addition to performing the duties required
of him in Section 1 above, CAVANAH 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. Swim Shoa. CAVANAH will purchase and sell all swim merch-
andise and equipment from the Swim Shop. Said merchandise
to be purchased and sold by CAVANAH or its hired help and
by employees employed by the VILLAGE.
B. Swim Instruction. CAVANAH shall provide swim instruction
at the pool and shall collect and keep all fees from Swim
Team instruction and from all private instruction.
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Designated hours for such instruction shall be jointly
determined by CAVANAH and the Administrative Board.
C. Saecial/Social Events. CAVANAH and the Administrative Board
shall recommend to the Village Council who shall establish
all swim meet and non instructional programs' fees. CAVANAH
shall retain net profits, if any, from special event and
social events.
D. Rent. The VILLAGE shall furnish CAVANAH present swim shop
and office area at the Club, which space is approximately
500 square feet, for use as its office and sales room.
CAVANAH shall pay the VILLAGE Three Thousand Six Hundred
Dollars and No Cents ($3,600.00) per year, divided into
equal monthly installments of Three Hundred Dollars and No
Cents ($300.00), plus the appropriate tax, beginning
October I, sale of equipment during the terms of
this Agre~
E. Insurance. CAVANAH shall provide personnel liability and
property Insurance for his concession, written by a
company acceptable to the VILLAGE in amount no less than
$100,000 per person and $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.
F. Concessions. CAVANAH shall operate all concessions granted
him and referred to in Section 2. CAVANAH shall purchase
and pay for al! materials and merchandise used or sold in
the operation of concessions granted it in its own name and
on its own responsibility, and shall receive and retain all
income derived from their operation as its own and for its
sole use and benefit. CAVANAH shall operate all
concessions so that they do not interfere with its
supervisory responsibilities as enumerated in Section 1 of
this Agreement. The contracting of services by CAVANAH or
by Mr. Richard E. Cavanah to another person, firm or
company in any capacity, must have prior approval, in
writing, by the VILLAGE Council or its designee. Failure
to obtain prior written approval will be grounds for the
termination of this Agreement.
C. 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, CAVANAH shall secure at its
own expense, any and all assistants that may be necessary
to effectively carry out the activities enumerated in
Section 2 of this Agreement. It shall be responsible for
all teachings assistants and personnel and salaries,
compensation and expenses thereof. It shall advise the
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Administrative Board, in writing, acknowledged by the
employee, that all teaching assistants are its employees
and not the VILLAGE's.
3. GENERAL.
A. CAVANAH shall keep adequate books and records, make all tax
returns and pay all taxes required in connection with
concessions in its 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 CAVANAH, in its discretion, extends credit to Country
Club members, the VILLAGE shall not have the obligation to
make collections on behalf of CAVANAH; provided, however,
VILLAGE agrees to make billings to such credit customers in
Its ordinary course of business and to remit to CAVANAH
only what the V[LLAGE receives from such members minus the
fee in (D) below.
D. The VILLAGE shall charge CAVANAH four percent (4S5)
administrative fee on all amounts it collects which are due
and payable to CAVANAH. The administrative fee shall be
deducted from any amount due CAVANAH from the VILLAGE.
E. All daily guest fees and membership fees shall belong to
the VILLAGE only. The monies collected shall be remitted
to the North Palm Beach Country Club Administrative Office
daily, along with the detailed report and copies of the
pre-numbered validated receipts issued at the time of the
transaction.
4. INDEPENDENT CONTRACTOR. The parties are entering into this
Agreement with the specific intent and understanding that CAVANAH
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 CAVANAH an employee of
the VILLAGE for any purpose. CAVANAH shall prominently display the
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fact that it 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 swim merchandise and instruction.
5. 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 SA above, this Agreement
shall also terminate upon the death or disability of
RICHARD E. CAVANAH, upon his failure to provide full-time
services to the VILLAGE on behalf of RICHARD E. CAVANAH,
INC. or failure to meet any obligation imposed by terms
and condition of this Agreement.
IN WITNESS WHEREOF, the parties hereunto have set their hands
and sealed this o ~ day of SfPr. , 1993.
RICHARD E. CAVANAH, INC.
Signed in the presence of:
By:
Richard E. Cavanah, President
THE VILLAGE OF NORTH PALM BEACH
MAYOR
EST:
ILLACE CLERK
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