HomeMy WebLinkAboutResolution No. 1976-27 . .
MICROFILMED 4-10-80
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RESOLUTION NO. 76-27
- A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVEPAL TO ENTER
INTO AN AGREEMENT WITH STEVEN THOMPSON TO PROVIDE TENNIS
INSTRUCTION AT THE RECREATIONAL COMPLEX4 PROVIDING AN
EFFECTIVE DATE
I3E IT RESOLVED by the City Council of the City of Cape Canaveral ,
0 - Florida, as follows:
SECTION 1 . That the City Council hereby authorizes the Mayor and
City Clerk to execute an agreement between the City and Steven Thompson
for Mr. Thompson's services as Tennis Instructor at the Cape Canaveral
Recreational Complex, a. copy of,said agreement being attached hereto
and by reference made ,a part hereof.
SECTION 2. This resolution shall become effective immediately
up6n its adoption.
ADOPTED by the City Council of the City of'Cape Canaveral , Florida,
this 1 R day of May, 1976.
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AGREEMENT
THIS AGREEMFNT, made this 18th day of May , 1976, by and between
the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter referred to as "City" and
STEVEN THOMPSON, hereinafter referred to as "Thompson"
IJITNESSFTH:
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 Recreational Complex. It is
the intent of this agreement that Thompson is to provide tennis instructions
to the users of said Pecreational Complex 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;
provided further that any party wishing to terminate this agreement will
provide the other party with written notice of its intention to se terminate
within fourteen (14) days of the date of said termination.
3. Rates for Instruction. Thompson shall charge the following rates
to those persons obtaining tennis instruction from him:
Group rates $10.00 for six 1 hour lessons
(one lesson given per week)
Individual rate $8.00 for each l hour lesson, or
542.00 for six 1 hour lessons
Semi - private lessons $8.00 for 1 hour lesson
$42.00 for six 1 hour lessons.
Rental of Lob -ster
ball machine $3.00 per 1/2 hour.
It is intended that Thompson will collect all the fees described herein from
the persons or groups obtaining lessons from him.
4. Fees. Thompson agrees to pay to thefity a fee equal to 30X of his
gross income from all lessons given by him at the Cape Canaveral Pecreation
Complex each week, including rental charges for Thompson's Lob -ster ball
machine and any other fee generating activity pertaining to said tennis
instruction. Thompson shall submit to the City a complete report once each
month, which report shall show the source of his gross income, provided under
this agrerxrent, and showing his calculation of the fee to be paid to the City
RICHARD F. SCOTT ATTORNEY AT LAW 7112 NORTH ATLANTIC AVENUE CAPE CANAVERAL, FLORIDA 32920
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MICROFILMED 4-10-8O.
and any other information and figures pertinent to this agreement. Thompson
shall also make available to the City any records which he maintains, .
pertinent to this agreement, upon request. It is specifically intended by
this paragraph that these records will be available to the Auditor for. the
City of Cape Canaveral , in the event said records .are required for the annual
fiscal audit of said City as°may be determined by the City Auditor.
5. Tennis Court Provided. The City agrees to provide Thompson with
one tennis court located at the Cape Canaveral Recreational Complex, to be
used by Thompson for the instructions as described herein. It is agreed by
the parties that Thompson shall have the prior use of this Court for his in-
struction of tennis. The City agrees to provide this court to Thompson
without cost or rental for the use of said court:
6. Independent Contractor Status. The parties hereby agree that
Thompson is an independent contractor to the City of Cape Canaveral and shall
in no way be considered to, be an employee of the City• The City shall not be
required tot>mithhold any taxes from the monies provided by Thompson in that he
is an independent contractor. Thompson agrees to hold theCity harmless from
any workmen's 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.
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 this agreement, then the parties hereto shall renegotiate said matter.
IN WITNESS WHEREOF, the - parties have set their hands and seals this
18 th day of,May, 1976.
`\Tl i,n;, i lleit ,eI - CITY OF CAPE CANAVERAL, FLORIDA
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RICHARD F. SCOTT ATTORNEY AT LAW 7412 NORTH ATLANTIC AVENUE CAPE CANAVERAL, FLORIDA 32920