1994-057 Tennis Director Agreement Frank Buddy Goeltz1
RESOLUTION N0. 57-94
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 FRANK "BUDDY"
GOELTZ, ATTACHED AS EXHIBIT "A" FOR
THE PURPOSE OF SECURING A TENNIS
DIRECTOR FOR THE TENNIS 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 Frank
"Buddy" Goeltz, attached as Exhibit "A" for the purpose of securing
a Tennis Director for the tennis operations at the North Palm Beach
Country 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 Frank "Buddy"
Goeltz, set forth in Exhibit."A" for and on behalf of the Village
of North Palm Beach.
Section 3. This Resolution shall take effect immediately
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upon its adoption.
PASSED AND ADOPTED THIS 8th DAY OF
(V'ii Jaye-Seal )
VILLAGE CLERK ~
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~ _.~
' THIS AGREEMENT made and entered into the 30th day of November.
1994, between the VILLAGE OF NORTH PALM BEACH, hereinafter designated as
the "VILLAGE", and FRANK "BUDDY" GOELTZ, independent contractor,
hereafter designated as "GOELTZ", 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 GOELTZ as Tennis Director at the North Palm Beach Country Club, for
the period from October 1, 1994 to September 30, 1995. For the services
of GOELTZ, the VILLAGE shall pay the amount of One Thousand Two Hundred
Thirty Dollars ($1,230.00) per month, commencing October 31, 1994. 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/clerks 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.
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
B. Tennis Instruction. GOELTZ shall provide tennis instruction
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 and No
Cents ($3,600.00) divided into equal monthly installments of
Three Hundred Dollars and No Cents ($300.00), plus the
appropriate tax, beginning October 1, 1994, 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. GOELTZ 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 responsibilities 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 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, 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 all employees and salaries, compensation
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.
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 operation
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 procedures
as set forth in the NPBCC Rules & Regulations.
' 2. CONCESSIONS. in addition to performing the duties required of
him in Section I above, GOELTZ 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 at the North Palm Beach Country
Club according to the terms and conditions set forth in connection with
each:
A. Pro Shon. 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.
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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 scheduled 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.
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
expenses generated from running the tournament, including
additional hours as needed for extra personnel
responsible for the tournament.
C. Ooen Plav. All daily court fees and membership fees shall
belong to the VILLAGE exclusively.
D. League Play/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.
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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 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 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 GOELTZ, 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 received from such members minus the fee in
(D) below.
D. The VILLAGE shall charge GOELTZ a four percent (4$)
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 Administration
Office daily, along with the detailed report and copies of the
pre-numbered validated receipts issued at the time of the
transaction.
F. GOELTZ and his immediate family shall be given tennis
privileges at the NPBCC Tennis Facility during the term of
this contract.
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 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.
' 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.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals this ~Oth day of November 1994.
Signed in the presence of:
/~-~LsK. GL ~.E~Z~G4~~
~~~~r.
THE VILL E OF NORTH PALM BEACH
MAYOR
.EST:
VILLAGE CLERK
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