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1995-039 Agreement with Cavanah as Pool ManagerRESOLUTION NO. 39-95 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, 1995, THROUGH SEPTEMBER 30, 1998; AND PROVIDING FOR AN EFFECTIVE DATE. 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, 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 Beach Country Club for the period from October 1, 1995, through September 30, 1998. 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 24TH DAY OF AUGUST , 1995. ~~~ y/~~ MAYOR ;Village Seal) AT~ VILLAGE CLERK EXHIBIT "A" THIS AGREEMENT made and entered into this a`1 day of ~tYUST , 1995, 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 contact 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, 1995 to September 30, 1998. For the services of CAVANAH, the VILLAGE shall pay the amount of One Thousand Five Hundred Sixty-Nine Dollars and No Cents ($1,569.00), per month commencing on October 31, ]995. 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 limitafion, the general function and responsibilities of said contractor shall be as follows in concert with the Country Club Administrator: 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 consultant to the VILLAGE concerning operation of the pool and to attend the Country Club Administrative Board (CCAB) meetings and Village Council meetings as requested. C. To propose, organize and operate aquatic programs for pool users with the concurrence of the CCAB. D. To consult with the CCAB and the Director of Public Services concerning any problems dealing directly with the pool facilities, their condition and/or maintenance problems. The Pool Manager will forward copies of all HRS inspections to the CCAB and to the Village Council. 1 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 Administrator and designate who will provide supervision during its absence from the premises. H. Meets/Events. CAVANAH shall keep the Country Club Administrator informed of all proposed pool activities including swimming meets, parties, rentals, etc. The Pool Manager shall submit a Special Events Form to the CCAB through the Country Club Administrator no less than thirty (30) days prior to the event. These events shall be coordinated with the Country Club restaurant. L To diligently carry out the applicable policies and procedures as set forth in the North Palm Beach Country Club Rules 8c Regulations. J. To establish and update annually, a five year plan for the pool facility. K. Prepare the annual pool budget and work with the CCAB for the eventual submission of same to the Village Council. Attend budget meetings to explain and discuss budget proposals related to the pool operation. ' 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 Shon. 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 Instruction. CAVANAH shall provide swim instruction at the pool and shall collect and keep all fees from Swim Team instmction and from all private instruction. Designated hours for such instruction shall be jointly determined by CAVANAH and the CCAB. C. ~necial Events. CAVANAH and the CCAB shall establish all swim meet fees and all other special event fees. Special Event is defined by the following criteria: an event of which participants are non members, the facility would preclude members from use of the facility and the event could result in compensation for the pool ' manager. CAVANAH shall retain net profits, if any, from special event. D. 13e111. 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 monttily installments of Three Hundred Dollars and No Cents ($300.00), plus the appropriate tax, beginning October 1, 1995, as rent for the use of the pool facilities, for the right to sell merchandise, and the right to teach 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 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. 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 Ivlr. 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 e_ccPr Pers nel. Except for those positions enumerated in the VILLAGE'S annual budget, as to employment, dudes 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 CCAB, in writing, acknowledged by the employee, that all employees are its employees and not the VILLAGE'S. 1 3. ~N •R L. 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. If CAVANAH, in its discretion, extends credit to any pool users or Club members for concessions, sales of merchandise and swim instruction, 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. C. 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. D. 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, copies of the pre numbered validated receipts issued at the time of transaction, sign in sheets, and register tape. ' E. CAVANAH and his immediate family shall be given swimming privileges at the NPBCC pool during the terms of this contract. 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 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. 1 , 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 conditions of this Agreement. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals this ,?9''~ day of ~~~/~G--{ ~ , 1995. RICHARD E. CAVANAH, INC. Signed in the Presence of: 1 By' ~„-~ 'chard E. Cavanah, President ~ ~ //JJ / ?-~ THE VII I.AGE OF NORTH PALM BEACH ~~y~~ MAYOR A'I'I'EST: , ~~ ' LAGE CLERK ~