Loading...
HomeMy WebLinkAboutResolution No. 1981-58 MICROFILMED 1-18-83 RESOLUTION NO. 81-58 A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND TOM ROCCO TO PROVIDE TENNIS INSTRUCTIONS AT THE RECREATION COMPLEX; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED bIT]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 Tom Rocco 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 thi§—, 15 day of September , 1981. 1 4•i7t \ I 4,RAL.1 clayor " -AS11,4)4t/tytfi 4 - Aettri:'% 0:,1,..53, „ek",811kr Atg-1 c:7"4,,V '11r. NAME YES NO ,q114tYijcfcerki SOYD .47 Approve:ft%p to form CALVERT LEE MURPHY X RUTHERFO: )X MICROFILMED 1-18-83 - AGREEMENT THIS AGREEMENT, made this 21 day of Spptember 1981 by and between the CITY OF CAPE CANAVERNj, FLORIDA, hereinafter referred to as "City" and Tom Rocco, hereinafter referred to as "Rocco" , 1 1 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 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 Rocco is to provide tennis instruction 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 Rocco shall charge the following rates to those persons obtaining tennis instruction from him. 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- or four students: $6. 00 per person for one hour $3. 00 per person for I/2 -hour Group of six or more students : $18 . 00 for series of eight 1 hour lessons (per person- resident) $20. 00 per person (non-resi- dent) Group of six or more Junior students (under 16 years of age) $14 . 00 for a series of eight 1 hour lessons (per person- resident) $16. 00 for a series of eight 1 ,hour lessons (per person non-resident) PAGE 1 aFiumallia-lo RESOLUTION 81-58 'MICROFILMED 1-18-83 Video Analysis Clinic $15. 00 1-hour private session $10. 00 1-hour semi-private session $72 . 00 series of 6 private lessons for one hour $36. 00 series of 6 private lessons, for 1/2 hour It is intended that the City will collect all fees described • herein from the persons or groups obtaining lessons from Rocco. • 4. Fees. The City agrees to pay Rocco the following fees [11 from all gross income from lessons given by him at the City of Cape Canaveral Recreation Complex each month, and any other fee generating activity pertaining to the said tennis instruction: All fees: 80% shall be paid to Rocco. The City shall pay to Rocco 80% of proceeds received from tournaments, after deducting all costs including, but not limited to cost of trophies, balls, postage, applioations , and other such co§tScrelateditotsaidtournaments. 5. Tennis Court Provided. The City agrees to proviceRocco with tennis courts located at the Cape Canaveral Recreation Complex, to be used by him for the instructions as described herein. It is agreed by the parties that Rocco shall have the prior use of this court for his instruciton of tennis. The City agrees to provide these. Courts to Rocco without cost or rental for the use of said courts. 6. Use of tennis ball machine. The City agrees that Rocco may furnish his own tennis ball machine to be rented by users of the complex at such terms and prices as Rocco may establish. The parties agree that the City shall have no responsibility for the maintenance, up-keep or loss of said machine, and Rocco agrees further to hold the City harthless from anyiliability 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. • PAGE 2 wicmilmatn—To RESOLUTION 81-58 MICROFILMED 1-18.83 7. Independent Contractor Status. The parties hereby agree that Rocco is an independent contractor to the City of 1 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 Rocco in that he is an independent contractor. Rocco agrees to hold the City harmless 1 from any workmen's compensatory type injuries which he may receive while using the City' s recreation 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. 8. Hold Harmless Clause. Rocco 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 occurring before or after City and Rocco assumed the obligations of this Agreement. 9. Scope of Contract. Tit 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 21 day of September , 1981. 4 .4t; CITY OF CAPE CANAVERAL, FLORIDA .7; BY Aled/44LIAL_ V,01" • • • IVi - fsrt)-0P-brl •f „ Yillerry, Jr. 41P'/;61.; 41:L. '447e tyrk T m 1104 Ro co '44 P PAGE 3 OF ATTACHMENT '10 RESOLUTION 81-58