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HomeMy WebLinkAboutResolution No. 1986-21T MICROFILMED AUG 87 RESOLUTION NO. 86 -21 A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA, AND JOE DEITCHLER 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: 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 Joe Deitchler 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 this lst day of April , 1986. ATTEST:, AVE Paz "ity Clerk, -„ Aaas . to form: Mayor NAME YES NO FISCHETTI x LEE x MARCHETTI X NICHOLAS x 14�iAFFFFF{;T$R AGREEMENT THIS AGREEMENT, made this 3rd ,day of April , 1986 by and between, the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter referred to an *City" and Joe Deitchler, hereinafter referred to as "Deitchler ", WITNESSETRt That in consideration of the mutual promise and covenants contained herein, the parties agree an follows$ 1. Purpose. The purpose of this agreement is to provide tennis instruction to the users of the Cape Canaveral Recreation Complex, and to assist in tennis tournaments and tennis clinics. It is the intent of this agreement that Deitchler is to provide tennis instruction'to, the users of said Complex and to assist in tennis tournaments' and tennis ,clinica, 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 heretos provided further that - eitherparty 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.,` Deitchler shall charge the following rates to those persons obtaining tennis instruction from hims Groups Adult $20.00:- resident. 22.00 - non resident Junior $16.00 resident' 18.00 - non resident (Meet twice weekly for 4 weeks - 8 classes) Privatet per hour $18.00 - resident 20.00 - non resident Series of 6 $90.00 - resident 100.00- nonresident Privatet per 1/2 hour $12.00 - resident 13.00 - non resident " Series of 6 $60.00 - resident 65.00 - non resident Semi Privates per hour $10.00 - resident - per person 11.00 -'non resident - per person Series of 6 $50.00 - resident 55.00 non resident Semi Privates per 1/2 hour $ 8.00 - resident per person 9.00- non resident,- per person Series of 6 $40.00 - resident 45.00 - non resident The City shall collect all fees described herein '. from the persona or groups obtaining lessons from Deitchler. 4. Fees. The City agrees to pay Deitchler the following fees from all gross Income from lessons given by him at the City of Capp Canaveral Recreation Complex each month# and any other fee generating activity pertaining to the said tennis instructions All Feess 804 shall be paid to Deitchler. The City shall, pay to Deitchler 801 of proceeds received from tournaments, after deducting all costs including, but not limited to cost of trophies,' balls# postage, applications, and other such costs related to said tournaments. The City shall retain all non - resident fee charges. 5. Tennis Court Provided. The City agrees to provide Deitchler with tennis: courts located at the Cape Canaveral Recreation Complex, to be used byhim for the instructions as described herein. It'is, agreed by the parties that Deitchler shall have .the prior use of this court for his instruction of tennis. The City agrees to provide'. these courts to Deitchler without cost or rental for the use of said courts, 6.. Independent Contractor Status. The parties hereby agree ' that Deitchler is an independent contractor to the City of Cape Canaveral and shall in no way be considered tube an employee of the City. The City shall not be required to withhold any taxes from the monies provided by Deitchler in that he is an independent contractor. Deitchler ` agrees to hold the City harmless from any workmen's compensatory, type 'injuries which he may receive while' using the City's recreation complex pursuant to this agreement, nor MICROFILMED AUG 87 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. Hold Harmless Clause. Deitchler 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 damages costs and expenses of any kind whatsoever including reasonable attorneys fees and court cost 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 occuring before or after City and Deitchler assumed the obligations of this Agreement. 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 hereunder set their hands and seals, this 3rd day of April , 1986. CITY OF CAPE CANAVERAL, FLORIDA BY: Mayor t\ Joe Diffitchler