1998-052 Pool Manager Agreement w/Cavanah
RESOLUTION N0. ~2_gg
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", WHICH
AGREEMENT IS 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, 1998,
THROUGH SEPTEMBER 30, 2000; 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", which agreement is 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, 1998, through September 30, 2000.
ection 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.
. ec ion 3. This Resolution shall take effect immediately upon its adoption.
• PASSED AND ADOPTED THIS
(Village Seal)
12th DAY OF NOVEMBER , ~ggg.
ATTEST:
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VILLAGE CLERK
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THIS AGREEMENT made and entered into this 12th day of November , 1998,
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:
I. COMPENSATION AND DiITiF:R_ 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, 1998 to October 1, 2000. For the services of
• CAVANAH, the VILLAGE shall pay the amount of One Thousand Six Hundred Eighty-Eight
Dollars and Twenty Five Cents ($1,688.25), per month commencing on October 31, 1998. 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
Administrator.
A. To be the Manager of the VILLAGE pool and, in that position supervise the
V1I.LAGE 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 the use and 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.
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• D. To be responsible for the operation and maintenance of the pool and pool
equipment including, but not limited to, pumps and filters. 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.
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.
To diligently carry out the applicable policies and procedures as set forth in
the North Palm Beach Country Club Rules & 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. CONC_ ESS_I~ 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 a$iliation 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
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• and conditions set forth in connection with each:
A. Swim Shoo. 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. Gross proceeds from sale of swim merchandise and equipment
shall be retained by CAVANAH.
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. 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 be responsible for all
losses and retain profits, if any, from special event.
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
eight hundred seventy four dollars ($3,874.00) per year, divided into equal
monthly installments of three hundred twenty two dollars and eighty three
cents ($322.83), plus the appropriate tax, beginning October 1, 1998, 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. n r n 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 ($100,000.00) per person
and three hundred thousand dollars ($300,000.00) 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. The
operation of concessions granted CAVANAH shall be at the sole cost and
expense of CAVANAH.
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 CCAB, 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.
• 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.
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• 4. INDEPENDENT CONTRA TOR The parties are entering into this Agreement
with the specifiic intent and understanding that CAVANAH is an independent
contrdctor 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 VII.LAGE 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.
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 IRCHARD E. CAVANAH, INC., or
failure to meet any obligation imposed by terms and conditionn of this
Agreement.
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IN WITNESS WHEREOF, the parties hereunto have set their hands and seals this 12th
day of November , 1998.
Signed/in the Presence of:
RICHARD E. CAVANAH, INC.
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By:
'chard E. Cavanah, President
TH PALM BEACH
THE
YOR
ATTEST:
VILLAGE CLERK ~sG~~~'_
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