HomeMy WebLinkAboutResolution No. 1977-07 . r
MICROFILMED 4-10-80
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RESOLUTION NO. 77-7
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL
TO ENTER INTO AN AGREEMENT WITH PHYLLIS ROACH TO
PROVIDE TENNIS INSTRUCTION AT THE RECREATION COMPLEX;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral,
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Florida, as follows:
0 SECTION 1. The City Council hereby authorizes the Mayor and City
Clerk of the City of Cape Canaveral, Florida to execute an agreement between
the City and Phyllis Roach for her 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.
w SECTION 2. This resolution shall become effective immediately upon
its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this 1st day.o,f4February, 1977.
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ity Attorney THURM %Ii
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AGREEMENT
THIS AGREEMENT, made this 3 day of February, 1977, by and
between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter referred
to as "City" and PHYLLIS ROACII, hereinafter referred to as "Roach ",
WITNESSETI I:
That in consideration of the mutual promises and covenants contained
herein, 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 Roach 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
the other party with written notice of intention to so terminate within fourteen
(14) days of the date of said termination.
3. Rates for Instruction. Roach shall charge the following rates to
those persons obtaining tennis instruction from her:
(a) Adults (persons over 18 years of age)
Private lessons $7.00 for 1/2 hour
$35.00 for series of six 1/2 hour lessons
(one lesson free)
Semi - private lessons $3.50 per person for 1/2 hour
(2 persons)
Croup instruction $24.00 for series of twelve 1 hour lessons,
(4 to 8 persons) twice weekly
(b) junior s (persons I8 years of age and under)
Private lessons $G. 00 for 1/2 hour
$30.00 for series of six 1/2 hour lessons
(one lesson free)
Semi - private lessons $3.00 per person for 1/2 hour
(2 persons)
Croup Instruction $12.00 for series of twelve I hour lessons,
(4 to 8 persons) twice weekly.
It is intended that the City will collect all fees described herein from the
persons or groups obtaining lessons from Roach.
RESOLUTION NO. 77 -7
4. Pees. The City agrees to pay Roach tite following fees from all
gross income from lessons given by her at the City of Cape Canaveral
Recreational Complex each week, and any other fee generating activity per-
taining to the said tennis instructions:
All adult fees: 727, shall be paid to Roach;
All junior fees: 607, shall be paid to Roach;
Tournaments: the City shall pay to Roach all proceeds
received from tournaments, after
deducting all costs including, but not
limited to cost of trophies, balls,
applications, court rental and other such
costs related to said o�urnaments.
5. Tennis Court Provided. The City agrees to provide Roach with one
tennis court located at the Cape Canaveral Recreational Complex, to be used
by her for the instructions as described herein. It is agreed by the parties
that Roach shall have the prior use of tills court for her instruction of tennis.
The City agrees to provide tills court to Roach without cost or rental for the
use of said court.
6. Independent Contractor Status. The parties hereby agree that Roach
is an independent contractor to the City of Cape Canaveral and shall in no way
be considered to be an employee of the Cl ty. The City shall not be required to
withhold any taxes from the monies provided by Roach in that she is an in-
dependent contractor. Roach agrees to hold the City harmless from any work-
men's compensatory type injuries which she may receive while using the
City's Recreational Complex pursuant to tills agreement, nor shall she in any
way whatsoever represent to any other person that she is an agent or employee
of the City. She shall have no authority to represent the City in any capacity,
nor have any authority to bind tite City in any way whatsoever.
7. 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 tills agreement
then the parties hereto shall renegotiate said matter.
IN WITNESS WIiEREOP, the parties hereto have hereunto set their
2.
RESOLUTION NO. 77 -7
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MICROFILMED 4-10-80
hands and seals,_ythis 3 day of February, 1977. •
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- �h;��,•t �gi ��, CITY OF CAPE CANAVERAL, FLORIDA
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Mayor
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PHYLLIS OACH
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RESOLUTION NO. 7.7-7