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HomeMy WebLinkAboutRes 1973-38 Authorizing Mayor & Clerk to enter into an Employment Agreement with Noel ShieldsRESOLUTION NO. 38-73 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 NOEL SHIELDS FOR SERVICES AS TENNIS PRO FOR THE VILLAGE OF NORTH PALM BEACH. 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 NOEL SHIELDS con- cerning his services as Tennis Pro in the Village of North Palm Beach, 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. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 8 DAY OF NOVEMBER, 1973. ATTEST: /s/ Dolores R. Walker Village Clerk 1 /s/ H. Mallory Privett, Jr. MAYOR 1 (EXHIBIT A EMPLOYMENT AGREEMENT WITNISSETH this agreement made and entered into the 8th day of November, 1973, between THE VILLAGE OF NORM( PALM BEACH, here- inafter designated as the "Village" and ROBERT NOEL SHIELDS, herein- after designated as "Shields" wherein, in consideration of the mutual promises herein contained, it ). EMPLOYMENT. The the Tennis Complex operated by tion Department for the period is mutually agreed as follows: Village employs Shields as Tennis Pro at the Village of North Palm Beach Recrea- I from November 1, 1973 to September 30, 1979, at the salary of One Hundred Dollars ($100.00) per month for said period, payable on each payday scheduled in accordance with Village policy. In his employment in the foregoing capacity, Shields shall be Corder the supervision of and directly responsible.to Village's Director of Recreation. Within this limitation, the general functions and responsibilities of said employment shall be as follows: (1) To he the Village's Tennis Pro. (2) To be the Consultant to the Village concerning improving play on the tennis courts, including coaching of all Village Tennis Teams. (6) The To organize and operate tennis activities and program as directed by the Village. To promote good will and public relations by working and cooperating with tennis groups. To post information regarding availability of instruction for tennis lessons in the Pro Shop and other data pertinent to the successful operation of tennis activities. To operate, conduct and properly staff a full and complete Pro Shop operation. relationship between the Village and Shields with respect to employment referred to in Section I shall he 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, Shields shall be given the exclusive privilege, and shall be required during the period of his affiliation with the Village by reason of the provisions of this agreement, to operate the following concessions on the premises of the Village according to the terms and conditions set forth in connection with each: • (1) Sale of Tennis Merchandise. Shields shall own and sell all tennis merchandise and equipment on Village property. The prices charged for such shall be commensurate with those charged for such tennis equip- ment in Palm Beach County. (2) Tennis Instruction. Shields shall collect and keep all fees from tennis instructions, such fees to be commensurate with those being charged in the area. All income from registrations, daily fees and light meters shall belong to the Village only. Rent. Shields shall pay the Village $100.00 per month, payable on the first of each month, as rent for use of Village facilities for instruction and sale of equipment during the term of this employment agree- ment. (3) III. GENERAL. Shields 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 1 oi' this agreement, provided, however, that Shields performs all duties prescribed in Section I in a reasonable manner and devotes a reasonable amount of time to these duties. De shall likewise purchase and pay for all materials and 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 as his own and for his sole use and benefit, subject only to the re- quirements enumerated in the foregoing paragraphs of this section and to those enumerated as follows: (1) Shields shall operate all concessions granted to him and referred to in Section II as an Independent Contractor and not as an employee of the Village. (2) He shall keep adequate books and records, make all tax returns and pay taxes required in connection 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 the sole responsi- bility of the Tennis Pro, but shall be reported to the Treasurer. IV. SPACE AND EMPLOYEES FOR CONCESSIONS. The Village shall furnish Shields the entire Pro Shop building for use as his office and sales room. Shields shall employ at his own expense any and all assistants that may be reasonably necessary to effectively carry out -2- the activities enumerated in Section IT 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. that all He shall advise in writing, acknowledged by the employee, Tennis Pro Shop assistants are his employees and not the Village's. V. INDEPENDENT CONTRACTOR. Shields shall prominently display, the fact that he is an Independent Contractor concerning sale of tennis merchandise and is not an employee of the Village of North Palm Beach.' 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 8th day of November, 1973. `t // i4, Witnesses -3- ROBER`& NOEL, SHIELDS THE VILLAGE OF NORTH PALM BEACH - -ry . MAYOR VILLAGE CLERK