HomeMy Public PortalAbout1998-31 Calusa Park tennis services agreement, Ezequiel Milla HinojozaRESOLUTION NO. 98-31
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; ACCEPTING THE ATTACHED AGREEMENT
WITH MR. EZEQUIEL MILLA HINOJOZA, KEY BISCAYNE,
FLORIDA, FOR PROFESSIONAL TENNIS SERVICES AT
CALUSA PARK; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village has maintained a tennis pro at Calusa Park for the enjoyment of
Village residents since January, 1995; and
WHEREAS, tennis pro yr. Roberto Castillo terminated his contract on May 27, 1998, via
letter; and
WHEREAS, it is the intention of the Village to continue to provide reliable tennis
instruction; and
WHEREAS, Mr. Ezequiel Milia Hinojoza has a proven record of successful coaching and
comes highly recommended by Mr. Roberto Castillo;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS:
Section 1. The Village Council hereby accepts the attached executed agreement for
professional tennis services, on behalf of the Village, with Mr. Ezequiel Milla Hinojoza.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1st day of July, 1998
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HITA H. ALVAREZ, VILLAGE CLE
APPROVED AS T • ORM
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VILLAGE OF KEY BISCAYNE
AGREEMENT FOR
SERVICES
THIS AGREEMENT, made and entered into on the Z day of , 1998 by
and between the Village of Key Biscayne, Dade County, Florida, party of th rst p (hereinafter
called "Village"), and Ezequiel (Jose) Milla Hinojoza, party of the second part reinafter called
"Contractor");
RECITALS
The VILLAGE wants to engage the CONTRACTOR to perform certain services as
described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services").
The CONTRACTOR wants to provide such Specified Services in connection with private tennis
lessons and clinics.
In consideration of the mutual covenants in this Agreement, the parties agree as follows:
1. SCOPE OF SERVICES
The CONTRACTOR agrees, as directed by the Village Manager, to perform Specified
Services as outlined in Exhibit A.
2. FEES FOR SERVICES
The CONTRACTOR agrees to perform Specified Services for the VILLAGE at no charge.
3. TERM
The term of this agreement is 1 year unless terminated pursuant to paragraph 7 or
extended pursuant to paragraph 9.
4. GENERAL TERMS AND CONDITIONS
The VILLAGE reserves the right to increase or decrease the responsibilities of the
CONTRACTOR with appropriate adjustments to the contract price.
5. ASSIGNMENT
This Agreement shall not be assignable by the CONTRACTOR.
Page 1 of 3
6. PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bonafide employee working solely for the CONTRACTOR, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual
or firm, other than a bonafide employee working solely for the CONTRACTOR, any fee, commission,
percentage, gift, or any other consideration, contingent upon or resulting from the award or making
of this Agreement unless approved by the Manager of the Village of Key Biscayne.
7. TERMINATION
This Agreement may be terminated by the VILLAGE upon ten days' written notice with or
without cause or by the CONTRACTOR upon 45 days' written notice with or without cause. If this
agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of
Paragraph 2 of this contract for all acceptable work performed up to the date of termination.
8. NONEXCLUSIVE AGREEMENT
The services to be provided by the CONTRACTOR pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform
the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and
absolute discretion.
9. ENTIRE AGREEMENT
The parties hereby agree that this is the entire Agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of the parties.
10. ATTORNEY'S FEES
In connection with any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation
resolved by agreement of the parties.
11. NOTICES
All notices and communications to the VILLAGE shall be in writing and shall be deemed to
have been properly given if transmitted by registered or certified mail or hand delivery. All notices
and communications shall be effective upon receipt. Notices shall be addressed as follows:
Page 2 of 3
Village:
C. Samuel Kissinger
Village Manager
85 West McIntyre Street
Key Biscayne, Florida 33149
With a copy to: Richard Jay Weiss, Esq.
Village Attorney
Weiss Serota & Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
Contractor:
12. GOVERNING LAW
Conchita H. Alvarez
Village Clerk
85 West McIntyre Street
Key Biscayne, Florida 33149
Ezequiel Milla Hinojoza
201 Galen Drive, apt 210 West
Key Biscayne, Florida 33149
(305) 275-9382
(305) 299-7196
This Agreement shall be construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above written.
CONTRACTOR:
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayn Florid. 33149
lla I-Tmojo C. Samuel Kis , - .er
Tennis Pro & Coach es';; - ��'"� Village Manager
Attest: £kZ U020-11-
Atte
Page 3 of 3
EXHIBIT A
Description: Tennis Instruction
Will provide tennis instruction to Key Biscayne residents at Calusa Park facilities on dates and times
agreed upon, weather permitting. Will notify the Recreation Office of any change of schedule as early
as is practicable. Will maintained tennis facilities daily (inspect restrooms replacing tissues and towels
as necessary, tie-up loose wind screens, empty litter baskets, reserve courts for players, notify the
Recreation Department of any needed repairs, assure that Calusa grounds and building are
maintained, etc.).
Days and Times: Monday through Friday, 9:00 a.m. to 12:00 p.m. and 2:30p.m. to 5:00 p.m.
Saturdays, 9:00 a.m. to 12:00 p.m.
Location: Calusa Park