1994-056 Pool Operation Agreement Richard Cavanah1
RESOLUTION N0. 56-94
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 RICHARD E.
CAVANAH, INC., A FLORIDA
CORPORATION, ATTACHED AS EXHIBIT
"A" FOR THE PURPOSE OF SECURING A
POOL MANAGER FOR THE ,SWIMMING POOL
AND ITS OPERATIONS AT THE NORTH PALM
BEACH COUNTRY CLUB FOR THE PERIOD
FROM OCTOBER 1, 1994, THROUGH
SEPTEMBER 30, 1995; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
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BEACH, FLORIDA:
Section 1. The Village Council of the Village of North
Palm Beach, Florida, does hereby approve the Agreement with Richard
E. Cavanah, Inc. a Florida corporation, attached as Exhibit "A" for
the purpose of securing a Pool Manager for the swimming pool and
its operations at the North Palm Seach Cquntry Club for the period
from October 1, 1994, through September 30, 1995.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Agreement with Richard E.
Cavanah, Inc., a Florida corporation, 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.
PASSED AND ADOPTED THIS 8th DAY OF December 1994.
(Village Sesl)
MAYOR
~~~III V I LLAGE CLERK ~~~-
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t THIS AGREEMENT made and entered into this 30th day of
November 1994, 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 Palm Beach Country Club for the period from
October 1, 1994 to September 30, 1995. For the services of CAVANAH, the
VILLAGE shall pay the amount of One Thousand Four Hundred Sixty-Nine
Dollars and No Cents ($1,469.00), per month commencing on October 31,
' 1994. 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 maintenance problems.
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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 procedures
as set forth in the North Palm Beach Country Club Rules and
Regulations.
2. CON TONS 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 Shog. CAVANAH will purchase and sell all swim merchandise
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 Instrurt;on CAVANAH shall provide swim instruction at
the pool and shall collect and keep all fees from Swim Team
instruction and from all private instruction.
Designated hours for such instruction shall be jointly
determined by CAVANAH and the Administrative Board.
C. Special Events. CAVANAH and the Administrative Board shall
recommend to the Village council who shall establish all swim
meets and non instructional programs' fees. CAVANAH shall
retain net profits, if any, from special event.
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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 1, 1994, for sale
of equipment during the term of this Agreement.
E. insurance. CAVANAH shall provide personal 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 all 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.
G. 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 employees and salaries, compensation
and expenses thereof. It shall advise the Administrative
Board, in writing, acknowledged by the employee, that all
employees 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.
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B. All income and expenses of every nature derived from the
operation of concessions as referred to in Section 2 shall be
reported in an Annual Statement of Income and Expenses to the
VILLAGE, annually, 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 VILLAGE receives from such members minus the fee in (D)
below.
D. The VILLAGE shall charge CAVANAH four percent (4%)
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.
F. CAVANAH and his immediate family shall be given swimming
privileges at the NPBCC Pool during the term of this contract.
' 4. INDEPENDENT CONm Armnu 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 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.
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5. TERMI
C~
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 5A 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 conditions of this
Agreement.
IN WITNESS WHEREOF, the parties hereunto have set their hands and
seals this 30 th day of _November , 1994.
Signed in the presence of:
~;~~%s ~ ~~~ZG~i~cu~
RICHARD E. CAVANAH, INC.
By: ~ /
Rich rd Cavanah, President
THE VI LAGE OF NORTH PALM BEACH
MAYOR
ST: ~ ~Q
LLAGE CLERK
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