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HomeMy WebLinkAboutResolution No. 1979-08 MICROFILMED 4-11-80 RESOLUTION NO. 79-8 A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND ROBIN ROTZ 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 =Rbin-RotCz- 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 2.0 day of March , 1979. v • gid. C17' • ' - ;: r ;'e M. or• , S %Ery ^ r 4tt' .,1„p ice' ''.`a� 4 6.► (1 _,,.m77.1.. -.'_Asa.=+ .4' PA: f A WA-MS YES No x p'(��+Ay.'.��q,.,y.r ��=fi- = ,....-4.4k-,, .. >�� BOYD oved as to form: ,.....--- LEE 40.111'" / MURPHY `0 �. RIGERMAN ity Attorney 7H URMIV u - _J 1 _ _ ____ ___ __ MICROFILMED 4-11-80 AGREEMENT THIS AGREEMENT, made this ,2cR day of DicuL4R, , 1979 by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter referred to as "City" and Robin Rotz, hereinafter referred to as "Rotz" , WITNESSETH: 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 agreement that Rotz 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; 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. Rotz shall charge the following rates to those persons obtaining tennis instruction from her. Private lessons : $13 . 00 for one hour $6. 50 for 1/2 hour Semi-private lessons : $7. 00 per person for one hour $3. 50 per person for 1/2 hour Group of three students : $6. 00 per person for 1 hour $3 . 00 per person for 1/2 hour Group of four $5. 00 per person for one hour $2. 50 per person for 1/2 hour Group of six or more students : $12. 00 for series of six 1 hour lessons (per person - - resident) $14. 00 per person (non- resident) Group of six or more Junior $9. 00 for a series of six 1 Students(under 16 years of age) hour lessons (per person - resident) $10. 00 for a series of six 1 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 Rot , - MICROFILMED 4-11-80 t 4. Fees . The City agrees to pay Rotz the following fees from all gross income from lessons given by her at the City of Cape Canaveral Recreational Complex each month, and any other fee generating activity pertaining to the said tennis instructions : All fees : 807 shall be paid to Rotz The City shall pay to Rotz 807 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 . 5 . Tennis Court Provided. The City agrees to provide Rotz with tennis courts 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 Rotz shall have the prior use of this court for her instruction of tennis . The City agrees to provide these. Couttg to Rotz without cost or rental for the use of said courts . 6. Use of tennis ball machine. The City agrees that Rotz may furnish her own tennis ball machine to be rented by users of the complex at such terms and prices as Rotz may establish. The parties agree that the City shall have no responsibility for the maintenance, up-keep or loss of said machine, and Rotz agrees further to hold the City harmless from any liability arising from or loss to said machine. The parties further agree that the City may charge the normal court rental fees for any person renting the machine. It is specifically the intent of the parties that the City shall have no responsibility of any nature arising from the use of said tennis ball machine. 7 . Independent Contractor Status . The parties hereby agree that Rotz 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 to with- hold any taxes from the monies provided by Rotz in that she is an independent contractor. Rotz agrees to hold the City harmless from any workmen' scompensatory type injuries which she may i - _ MICROFILMED 4-11-80 , ;.. * receive while using the City' s recreational 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. -- 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 az day of 110,A.AL , 1979. CITY OF CAPE CANAVERAL, FLORIDA BY: /A,. /,-7,,ti At -,,,--4-.7,t,4- ,I. 7:---r,•-•,..... •'''„A'll ' M yor ..... ....-, .. '-7-4 ..', , 71. 4'w 11 ,..... ,,,..% . ": -' ' ::*4-P v-, 1 ,';',--1-4,,,L.L.e_4,4,,..--•,-AIL,..,4_,... 7-- - • .7.--i-LI„ : ).-0--.Iry ‘.t. - :-2,. ,.,,,,,z. aji:t7 'C x_ / c.e.,-.. -,.. - • Ro in Rotz , [-] ‘ I , —