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HomeMy WebLinkAboutRes 1971-36 Agreement with P. Finlayson re Services as Golf ProRESOLUTION NO. 36-71 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE VILLAGE CLERK TO ENTER INTO AN EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PETER FINLAYSON FOR SERVICES AS GOLF PRO AT THE NORTH PALM BEACH COUNTRY CLUB. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Mayor and the Village Clerk be, and they are hereby, authorized and directed to sign that certain Employment Agreement between The Village of North Palm Beach, Florida and PETER FINLAYSON concerning his services as golf pro at the North Palm Beach Country Club, a copy of which is attached hereto, marked Exhibit A and by reference made a part hereof. Section 2. The Village Clerk is hereby authorized and directed to affix the Village Seal thereto. PASSED AND ADOPTED THIS 9 DAY OF DECEMBER, 1971. /s/ H. Mallory Privett, Jr. MAYOR ATTEST: /s/ Dolores R. Walker Village Clerk EXHIBIT A • u 11 shall be 11 functions II follows: Club"s Ge EMPLOYMENT AGREEMENT WITNESSETH this agreement made and entered into this 9 day of December, 1971 between the VILLAGE OF NORTH PALM BEACH COUNTRY CLUB, hereinafter designated as the "Club," and PETER FINLAYSON, hereinafter designated as "Finlayson" wherein, in con- sideration of the mutual promises herein contained, it is mutually agreed as follows: I. EMPLOYMENT. The Club employs Finlayson as Golf Professional and Supervisor of Golfing Services at the golf course operated by the Village of North Palm Beach, Florida, for the period from November 1, 1971 to November 1, 1972 at the salary of FIVE HUNDRED TEN DOLLARS ($510.00) per month for said period, payable on each pay day scheduled in accordance with Club payroll policy. In his employment in the foregoing capacity, Finlayson under the supervision of, and directly responsible to, I neral Manager. Within this limitation, the general and responsibilities of said employment shall be as (1) To be the Club's Golf Professional and Supervisor of Golfing Services. This includes supervision of Club employees working as starter, ranger, bag room attendant and greens fees cashier. (2) To be the Consultant to the Club concerning improving play on the golf course and concerning the golf membership program. (3) (4) (5) To post information regarding availability of instruction for golf lessons in the Pro Shop and other data pertinent to the successful operation of golfing activities. (6) To operate, conduct and properly staff a full and complete Pro Shop operation. To organize and operate golf activities programs as directed by the Club for golf members. To promote good will and public relations with members by working and cooperating with golf groups. if 1, . The relationship between the Club and Finlayson with respect to employment referred to in Section I shall be that of employer and employee. II. CONCESSIONS. In addition to performing the duties required of him in connection with the employment referred to in Section I above, Finlayson shall be given the exclusive privilege. and shall be required during the period of his affiliation with the Club by reason of the provisions of this agreement, to operate the following concessions on the premises of the Club according to the terms and conditions set forth in connection with each: (1) Sale of Golf Merchandise. Finlayson shall own and sell all golf merchandise and equipment on Club property. The prices charged for such shall be commensurate with those charged for such golf equipment in Palm Beach County. (2) Golf Instruction. Finlayson shall collect and keep all fees from golf instructions, such fees to he commensurate with those being charged in the area. All income from golf course use, greens fees, membership fees, cart fees, driving range fees, locker room fees and bag room fees shall belong to the Club only. Rent. Finlayson shall pay the Club $1,650.00 per year, divided into equal monthly installments beginning November 1, 1971, as rent for use of Club facilities for instruction and sale of equip- ment during the terms of this employment agreement. III. GENERAL. Finlayson shall be permitted to devote as much time as is reasonably necessary to the operation of the foregoing concessions without deduction from the salary specified in Section I of this agreement; provided, however, that Finlayson performs all duties prescribed in Section I in a reason- able manner and devotes a reasonable amount of time to these duties. He shall likewise purchase and pay for all materials and (3) merchandise used or sold in the operation of the concessions granted him in his own name and on his own responsibility, and shall receive and retain all income derived from their operation - 2 - as his own and for his sole use and benefit, subject only to the requirements enumerated in the foregoing paragraphs of this section and to those enumerated as follows: (1) Finlayson shall operate all concessions granted to him and referred to in Section II as an independent contractor and not as an employee of the Club. (2) He shall keep adequate books and records, make all tax returns and pay all taxes required in connec- tion with the concessions in his own name. (3) All income and revenue of every nature derived from the operation of concessions as referred to in Section II shall be accounted for to the Village Treasurer in the following manner: All cash receipts shall be reported on forms required by the Village Treasurer by the loth of the following month. All charge accounts of every nature shall be processed through the existing Club billing procedures. (4) The amounts of charge accounts for merchandise or lessons which are billed by the Club and remain uncollected after sixty (60) days shall be deducted from Finlayson's compensation for the following month. Should these amounts exceed Finlayson's monthly compensation, the excess shall be paid by Finlayson. IV. SPACE AND EMPLOYEES FOR CONCESSIONS. The Club shall furnish Finlayson the present Pro Shop area and office 'except space presently allocated to the check -in counter for use as his office and sales room. Finlayson shall employ at his own expense any and all assistants that may be reasonably necessary to effectively carry out the activities enumerated in Section II of this agreement. He shall be the employer of all such assistants, and shall pay them their salaries, all Old Age Benefit and Unemployment Taxes, both Federal and State, which are required in connection therewith, as well as other employee benefits. He shall advise in writing, acknowledged by the employee, that all Pro Shop assistants are his employees and not the Club's. V. INDEPFNDF.NT CONTRACTOR. Finlayson shall prominently display the fact that he is an Independent Contractor concerning -3- sale of golf merchandise and is not an employee of the Village of North Palm Beach in such capacity. VI. CANCELLATION. This agreement may be cancelled by either party upon at least thirty (30) days written notice. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals this 9 day of December Witness pvsPeter Fiklao THE VILLAGE OF NORTH PALM BEACH Mayo e-x2<, Dolores R. -4- Walker, �-Q Village Clerk