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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 • HN F. FESTA A rdAb HITA H. ALVAREZ, VILLAGE CLE APPROVED AS T • ORM )NND LEGAL SUFFICIE ►� i l . ARD WE : ILL • TTORNEY 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