1995-040 Agreement with Goeltz for Tennis OperationsRESOLUTION NO. 40-95
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 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, 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 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, 1995, through September 30, 1998.
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 upon its adoption.
PASSED AND ADOPTED THIS 24TH DAY OF AUGUST , 1995.
~~r.~.~ ~
MAYOR
(Viilage Seal)
A
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THIS AGREEMENT made and entered into the ~_ day of OLxoul~/~
' 1995, between the VILLAGE OF NORTH PALM BEACH, hereinafter designated as the
"VILLAGE", and FRANK "BUDDY" GOELTZ, independent contractor, hereafter designated
as "GOELTZ",wherein, inconsideration 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 Duector at the North Palm Beach Country Club, for the period from
October 1, 1995 to September 30, 1998. For the services of GOELTZ, the VILLAGE shall pay
the amount of One Thousand Three Hundred Thirty Dollars and No Cents ($1,330.00) per
month, commencing October 31, 1995. In the performance of his contract with the VILLAGE,
and 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 Administrator:
A. To be the NPBCC Tennis Duector 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 and to
attend the Country Club Administrative Board (CCAB) meetings and Village
Council meetings as requested.
C. To propose, organize and operate tennis programs for the tennis facility users with
the wncurrence of the CCAB.
D. To supervise all organized leagues and tournaments.
E. To consult with the golf course superintendent, the Duector of Public Services
and the CCAB concerning any problems dealing directly with the tennis facilities,
' the'v condition, and/or maintenance problems.
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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. The Tennis Dn•ector shall submit a Special Events
Form to the CCAB through the Country Club Administrator no less than thirty
(30) days prior to the event.
I. The Tennis Duector shall report planned absences to the Country Cluh
Administrator and designate who will provide supervision.
To diligently carry out the applicable policies and procedures as set forth in the
NPBCC Rules & Regulations.
K. To establish and update annually, a five year plan for the tennis facility.
L. Prepare the annual tennis 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 tennis operation.
' 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 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. ProPro 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.
B. Tennis Instruction. GOELTZ shall provide tennis instruction and tennis clinics
upon request, and shall collect and keep all fees from tennis instruction.
Designated hours for such instruction shall be jointly determined by GOELTZ and
' the CCAB. The VILLAGE shall have the right to allow other parties to provide
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tennis lessons in other areas of the Village and the two public courts at the
Country Club.
' C. S_necial Events. GOELTZ and the CCAB shall establish all tennis event 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 tenms
director. GOELTZ shall retain net profits, if any, from special events.
D. 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, 1995, 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.
E. Insurance. GOELTZ shall provide personal liability and property insurance for his
concession, written by a company acceptable to the VILLAGE in amounts 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. 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, fum 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.
G. Additional I pcsee Personnel. Except for those positions enumerated in the
VILLAGE's annual budget, as to employment, duties and salary, and those
positions specifically mentioned herein, GOELTZ 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. GOELTZ shall be responsible for all
employees and salaries, compensation and expenses thereof. The VII,LAGE 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.
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PROPESSIONAI, SERVICES_
A. Definitions. For purposes of this Section, the following definitions will apply:
' l . 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.
League Plav. This is a commitment for a multiwcek 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.
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 sometime food will be included in the fee assessed.
4. Special Event. This is 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 tennis director.
B. Tournaments. All tournaments shall be scheduled and organized by the Tennis
' Director. The Tennis Director and the CCAB shall recommend to the Village
Council who shall establish fees for tournaments. All tournament profits, if any,
shall belong to the Tennis Director. There shalt 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 CCAB 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 hotus as needed for extra personnel responsible
for the tournament.
C. n Plav. All daily court fees, ball machine fees, and membership fees shall
belong to the VILLAGE exclusively.
D. T~gue Play/Social Events. Any profit realized from league play and for social
events shall belong to Tennis Duector. A complete accounting of league play and
social events shall be forward to the Country Club Administrator 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 Administrator at the time of bulletin board posting.
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GENERAL.
' A. GOELT7_ shall keep adequate books and records, make all tax returns and pay all
taxes required in connecfion with concessions in his own name.
B. 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 (C) below.
C. 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.
D. All daily guest fees and membership fees shall belong to the VILLAGE only. the
monies collected for court rental, ball machine, and daily fees shall be remitted
to the North Palm Beach Country Club Administration 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. GOELTZ and his immediate family shall be given tennis privileges at the NPBCC
Tennis facility during the term of this contract.
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 dudes hereunder in such capacity and not has 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 VII,LAGE 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.
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G. TERMINATION.
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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 ~Zloday of , 1995.
Signed in the presence of:
' ~~a- ~GUJ ~ /
~,,~ i~,•
"BUD " GOELTZ
THE VII.LAGE OF N_OR///fT•H PALM BEACH
MAYOR
TTEST:
ILLAGE CLERK
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