Loading...
HomeMy WebLinkAboutResolution No. 1978-05 - MICROFILMED 4-10-$b RESOLUTION NO, 78-5 A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE HALL TO PROVIDE TENNIS INSTRUCTIONS AT THE RECREATION COMPLEX; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: U SECTION 1. The City Council hereby autho`rizes the Mayor and City Clerk of the City of Cape Canaveral, Florida to execute an agreement between the City and Wayne Hall for his services as Tennis Instructor at the Cape Canaveral Recreation Complex, a copy of said agreement being attached hereto and by reference made a part hereof; SECTION 2. This resolution shall become effective immediately upon its adoption. ADOPTED by,the City Council.. of the City of Cape Canaveral, Florida ,,,e :f7.,',7.:,, this 7 day-of February, 1978. a _ /`?� I1 fir' A7 jiA-.4.11.011/04,.......1 tY (J� , /�//'', Fl ayor } � At , Gity�`C:€rk• • .�:'ry,S%- M� r �.. //I r` `"(`' %----7- Lf^ie NAME YES NO Appr• cti•a45;,�torm r' y0,,, / - BOYD rim c1// -r/ / MURPHY Fill �, -410.- -..,- 044141. RIGE,RM - C Attorney e,. - THURM /� t ELTON �.1NE AG It1,EM1,NT T1IIS AGREEMENT, made this 7rh clay of February, 1978 by and between the CITY OF CAPE: CANAVERAL, FLORIDA, hereinafter referred to as "City" and WAYNE HALL, hereinafter referred to as "Hall ", WITNESSETI I: That in consideration of the mutual promises and covenants contained hurcin, the parties agree as follows: 1. Purpose. The purpose of this agreement is to provide tennis instructions to the users of the Cape Canaveral Recreation Complex, and to assist in tennis tournaments and tennis clinics. It is the intent of this agree- ment that Hall is to provide tennis instructions to the users of said Complex and to assist in tennis tournaments and tennis clinics, in accordance with the terms of this agreement. 2. Term of Agreement. This agreement shall continue from time to time and may be terminated at any time by either of the parties hereto: pro- vided further that either party wishing to terminate this agreement will provide thu other party with written notice of intention to so turnninatc within fourteen (Li) days of the date of said termination. 3. Rates fur 1111t1'llCtion. []all shall c11:11-1W the following rates to those parsons obtaining tennis instruction from hill]: Private lessons: $13.00 for one hour $ 7.00 for 1/2 hour Senli- private Icssuns: $ 7.00 per parson for unc hour S -1.00 per person for 1/2 hour Group of three students: $30,00 for series of six 1 hour lessons (per person) Group of four or five students: $2.1.00 for scrics of six I hour lessons (lxrr Ivrson) Group of six or more students: SIN.00 for scrics of six I hour lessons (Per person) Private 1/2 hour lessons: S.19.00 for scrics of right 112 hol 1e'SSOIIS (]Vl' person -paid in adv:nlr It is intendrd Mat the City will collect all fCCS drscribcd hurrin from Illy p0l'~11114 111' 1;1'11I1ps ollklilllllt Ie4S111IS 1`1'0111 lhlll. 1 ■ t 4. Fees. The City agrees to pay Hall Elie following fees from all gross Income from lessons given by him at the City of Cape Canaveral Recreational Complex each week, and any other fee generating activity pertaining to the said tennis Instructions: All fees: 807, shall be paid to Ilall The City shall pay to Hall all proceeds received from tournaments, after deducting all costs Including, but not limited to cost or trophies, balls, applications, court rental and other such costs related to said tournaments. 5. Tennis Court Provided. The City agrees to provide Hall with one tennis court located at the Cape Canaveral Recreational Complex, to be used by him for the Instructions as described herein. It Is agreed by the parties that Hall shall have the prior use of this court for his instruction of tennis. The City agrees to provide this Court to Hall without cost or rental for the use of said court. G. Use of tennis ball machine. The City agrees that Ilan may furnish Ills own tennis ball machine to be rented by users of Elie complex at such terms and prices as Hall may establish. The parties agree that the City shall have no responsibility for the maintenance, upkeep or loss of said machine, and I [all agrees further to hold the City harmless from any liability arising from or loss to said machine. The parties fnl'tllel' at;rCe that the City nary charge tits normal court rental lot's for ally Ix:rson reeling Ehe machine. It is specifically the intent of thu parties that Elie City shall have nu responsibility Of any nature arising lroutthe use of said tecuis ball machine. 7. Independent Contractor Status. The pxtrtles hereby agree that Hall is an indupendent Centr:iCEUr to Elie City of Cap -, Canaveral and shall [n no way IV C uSiLICrl.'d to be an employee of the City. Thu City shall not IV required to withhold any taxes from the monies provided by Hall in that Ile is an indupx;ndt'nt contractor. Ilnll agrees to hold the City harmless from any workmen's - . MICROFILMED 4-10-80 compensatory type injuries which he may receive while using the City's recreational complex pursuant to this agreement, nor shall he in any way whatsoever represent to any other person that he is An agent or employee of the City. He shall have no authority to represent the City in any capacity, nor have any authority to bind the City in any way whatsoever. 8. Scope of Contract. It is the intent of the parties that this agreement shall constitute the entire agreement and understanding of the parties hereto, and that in the event some matter arises which is not covered by this agreement then the parties hereto shall renegotiate said matter. IN WITNESS WHEREOF', the parties hereto have hereunto set their hands and seals, this 7 day of February, 1978. CITY OF CAPE CANAVERAL, FLORIDA BY ajt i,".4 rgi.1 e a or 1;-- aw. - tpve -- ; a*r.i.74 *'AYNriALL . -3- . RESOLUTION NO. 78-5