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HomeMy WebLinkAboutResolution No. 1983-28R RESOLUTION NO. 83-28 MICFOFiLl�.ED 4-15.85 A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND MONICA MARTIN TO PROVIDE TENNIS INSTRUCTIONS AT THE RECREATION COMPLEX; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Tennis Instructor under current contract has taken a summer position out -of- state, and WHEREAS, the Recreation Department desires to con- tinue tennis instruction during his absence, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: 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 Monica Martin 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. SECTION 2. This Resolution shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 3rd day of May 198 yor NAME YES NO Ix II CALVERT I x I HARRIS Ix I NICHOLAS ix RUTHERFORD 1 IX WINCHESTER I AGREEMENT,. ,THIS AGREEMENT, made this 9 ;da day of , 1983 by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter referred to as "City" and Monica Martin, hereinafter referred to as "Martin ", WITRNESSETH: That in consideration of the mutual promise and covenants contained herein, the parties agree as follows: 1. Purpose. The purpose of this agreement is to provide tennis instruction to the use 'of. the Cape .Canaveral Recreation Complex. It is the intent of this agreement that Martin is to provide tennis instruction to the users of said Complex in 'accordance with the terms of this agreement. 2. Term of Agreement. This agreement ,shall continue from May 3, 1983 to September, 2, 1983, and may be terminated at any time by either of the parties hereto; provided 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.. Martin .shall charge the following rates to those persons obtaining tennis instruction from her: Private lessons $13.00 for one hour 6.50 for �- hour Private lessons 65.00 for series of 6 one -hour lessons 32.50 for series of 6 one -half hour lessons Semi- private lessons - 7.00 per person for one hour s .3.50 per person for h hour Group 0f .six or more adult 11,10 for series of six one -hour students lessons (per person - resident) 16.00 per person (non- resident) Group , of six or more 10.00 for a series. of. six one -hour Junior: Students Iles sons '(per person_ resident) (under 16'yrs of age) 11.00 for a series of six one -hour lessons (per person non- resident) It is intended that the City will collect all fees described herein from the persons or groups obtaining lessons from Martin. ATTACHMENT TO RES. NO. 83 -28 PAGE 1 OF 3. 4. 'Fees. The City agrees to pay Martin the following fees from all gross income from lessons given by her at the City of Cape Canaveral Recreation Complex each'month, and any other fee generating activity pertaining . to the said tennis instruction: All Fees: BOB shall be paid to Martin. 5. Tennis Courts Provided. The City, agrees to provide .Martin with tennis courts located at the Cape Canaveral Rec- reation Complex, to be used by her for the instructions as des- . cribed herein. It is agreed by the parties that Martin shall have the prior use of the courts for her instruction of tennis. The City agrees to provide these courts to Martin without cost or rental for the use of said courts. 6. Independent Contractor .Status. The parties hereby agree that Martinis an independent contractor to the City of ,Cape Canaveral and shall in no be considered to be an. employee .of the City. The City shall, not be required to withhold any taxes from the monies provided by Martin in that she is an independent contractor. Martin agrees to hold the City harmless from any workers compensatory type injuries which she may receive while 'using the City's recreation ,complex , pursuant to this 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 the City in any way, whatsoever. 7. Hold Harmless Clause. Martin agrees to indemnify and will hold the City whole and harmless from any and all manner of action,and actions, cause and causes of. action, suits, trespasses, judgments, executions, claims and demands and losses and damage costs and expenses of any kind whatsoever including reasonable attorneys fees and court costs which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts of the employees, officers or agents of the other, whether occurring beforeor after City and Martin assumed the obligations of this Agreement. A4TACIIHNT 10 . RES. NO. 83 -28 PAGE 2 OF 3. MICROFILA. ED 4 -I5 -85 8. Scope of Contract. It is the intent of the parties that this agreement shall constitute the entire agreement and under- standing 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 hereunder set their hands and seals, this day of �!, 1983. IT CITY OF CZLPE MW E.w �rt .ioq Np �Q� s o Ci Makor , FLORIDA Rutherfo AlMz� /nab: Monica Martin ATTACHMENT TO RES. NO. 83 -28 PAGE 3 OF 3.