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Home My WebLink AboutResolution No. 1982-33 MICROFILMED 1.18.83 , . '.. * RESOLUTION NO. 82-33 A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA, AND SCOTT NELSON TO PROVIDE RACQUETBALL INSTRUCTION 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 , [11 and City Clerk of the City of Cape Canaveral, Florida to execute an agreement between the City and Scott Nelson for his services as Racquetball 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 1 • immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida this 1st day of . June • , 1982. . , r •, ,Alt.f. k,m4XftAc64, ‘ I * LA . Liiiii, i Re'tlk,AN/114:-.141AT t4 '11 u- -0 . 40? lif 7 1,,,, }, . . .''.. '''40''l';'!IA(A'Afl? . ,‘ ,'1-•,rek '''',0c,iv.:.•.,., ..; 4.tre,w-1. :;%15 440for, :xx: . y? 44A-a.6,75114: r 1:4`:U;t:in: i . / ..,i,,p,ry.• .--N.,11..i,i,'i. ,..s 4t- ?,- .: , ,f N‘, $, .• .1,.p4F--",,:::maeo., R 4,„ ', ' li 114 ..-riA , . . "/ / ,ViN/4.;•:Lt. • tii' I NAME YES NO • • • 0 1.)3Niteli" IC CALVERT mw04 . i 1. Approved as to form: i)no,forNiv ., .,1111 olickigi..As K UT,HERFOR .,..oll•PI/ ."'/'' ty ietorney • • • •._____ . . , . MICROFILMED 148-83 AGREEMENT THIS AGREEMENT, made this 1st day of June , 1982 • by and between the CITY OF CAPE. CANAVERAL, FLORIDA, hereinafter referred to as "City"., and Scott Nelson, hereinafter referred to as "Nelson" , WITNESSETH: . That in consideration .ofthe mutual promise and covenants contained herein, the parties agree as follows: 1. Purpose. The purpose of this agreement is to provide Racquetball instruction to the users of the Cape Canaveral Recreation 0 , Complex, and to assist in racquetball tournaments and clinics . It is the intent of this agreement that Nelson is to provide racquet- ball instruction to the users of said Complex and to assist in racquetball tournaments and clinics, in accordance with the terms of this agreement. 2. Terms 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. Nelson shall charge the following rates to those persons obtaining racquetball instruction from him: . : PRIME TIME LESSON. FOR ONE .(1).1.1OUR: No. of People ' . Total Fee Fee per Person - ' 1 $11. 00 $11.00 2 14 . 00 7. 00 3 - 18 . 00. 6 . 00 4.. 20. 00 5. 00 , - NON-PRIME TIME AND JUNIORS (UNDER 16) ANYTIME FOR ONE (1) HOUR: No. of People Total Fee Fee per Person 1 $10. 00 $10. 00 2 12 . 00 6 . 00 3 15. 00 5 . 00 4 16.00 4 .00 . It is intended that the City will collect all fees described herein from the persons or groups obtaining lessons from Nelson. PAGE 1 OF 3 OF AGREEMENT ATTACHED TO RES. NO. 82-33 . . . . _ . . M ICROF I LMED 1-18-83 4. Fees. The City agrees to pay Nelson the following fees 1 1 from all gross income from lessons given by him at the City of Cape Canaveral Recreation Complex each month, and any other fee generating 1 1 activity pertaining to the saidracquetballinstrcution: 1 . All Fees: 75% shall be paid to Nelson. The City shall pay to Nelson 75% of proceeds received from • i tournaments, after deducting all costs in- cluding, . . but not limited to, cost of trophies, T-shirts, balls, postage, applications, and 1 1 . - other such costs related to said tournaments. . . , 5. Racquetball Court Provided. The City agrees to provide r nNelson with a racquetball court located at the Cape Canaveral Recreation Complex, to be used by him for the instructions as E H * • described herein. It is agreed . by the parties that Nelson;-shaIl may have the prior use of this court for his instruction of racquetball. The City agrees to provide this court to Nelson without cost or rental for the use of said court. Nelson may make reservations forty-eight (48) hours prior to the intended instruction. NelSon shall notify the Recreation De- partment the earliest possible time in the event of a cancellation. 6. Independent Contractor Status. The parties hereby agree that Nelson . 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 tol;tithhold any taxes - - from the monies provided by Nelson in that he is. an independent contractor. Nelson agrees to hold the City harmless from any worker' 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 0 authority to represent the City in any capacity, nor have any authority to bind the City in any way whatsoever. 8. Hold Harmless Clause. Nelson 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 • _ *Amended 6-1-82. . . PAGE 2 OF 3 OF AGREEMENT ATTACHED TO RES. NO. 82-33 • _ . . ' • , . . - . . • • . MICROFILMED 1-18-83 • • .. - 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 Nelson 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 understand- ing 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 . 1st day of June. , 1982 . • CITY OF CAPE CANAVERAL, FLORIDA L. 9 ' BY: ;11:1/ a 141 M r h , Jr. • )ge49t / Scott Nelson Attest: City Clerk / tf PAGE 3 OF 3 OF AGREEMENT ATTACHED TO RES . NO. 82-33 . . . 1 ' 1 MAY 22,, 1983 TO THE CAPE CANAVERAL REC. DEPT. AND OR THE CITY OF CAPE CANAVERAL: I HEREBY CANCEL MY COMMISSION CONTRACT FOR TEACHING, DIRECTING TOURNAMENTS OR ANY OTHER FUNCTION- THAT-MAY FRTL UNDER . THE -CONDITIONS OF MY EMPLOYMENT. SCOTT D. NELSON