1973-38 Authorizing Mayor & Clerk to enter into an Employment Agreement with Noel Shields~ y
RESOLUTION N0. 38-73
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
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AUTi{ORIZING 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
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afi'ix the Village Seal thereto.
Section 3. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED THIS 8 DAY OF NOVEMBER, 1973.
/s/ H. Mallorv Privett, Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
~~ ~ jF.XHIBIT A
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IiMPL0Yh1F,NT AGREEMENT
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WITNI:SSE'I'H this agreement made and ente$~d into the 8th
' day oi' November, 1973, between T}{E VILLAGE OF NOR~N PALM BEAC}{, here-
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i.nafter designated as the "Village" and ROBF.R1' NOEL SHIELDS, hercin-
!' after designated as "Shields" wherein, in considerOtion of the rtnttual
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promises herein contained, it is mutually agreed as follows:
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1. EMPLOYMENT. The Village employs Sh~Alds as Tennis Pro at
the Tennis Complex operated by the Village oi' Norirh Palm Beach Recrea-
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tion Department for the period from November 1, 1973 to September 30,
1974, at the salary of One ]iundred Dollars ($100.00) per month for said
period, payable ort each payday scheduled in accordance with Village
policy. In hi_s employment in the foregoing capacity, Shields shall. be
Corder the supervision of and directly responsible!to Village's
Director of Recreation. Within this limitation, irhe general functions
and responsibilities of said employment shall be as follows:
(1) To be 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 Teanrs.
(3) To organize and operate tennis activities and
program as directed by the Village.
(r{) To promote good will and public relations by
working and cooperating with tennis groups.
' (5) To post information regarding availability of
- instruction for tennis lessons in the Fro Shop
and other data pertinent to the successful
operation of tennis activities.
(6) To operate, conduct and properly staff a full
and complete Pro Shop operation.
1'he relationship between t}ie Village and Shields with respect
to employment referred to in Section I shall he that of employer and
employee.
Il. CONCESSIONS. In addition to performing the duties
required of him in connection with the employment referred to in
~, Section l 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 oi' 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:
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(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
conunensurate with those charged for such tennis equip-
ment in Palm Beach County.
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(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.
(3) 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. ,
III. GF,NERAL. 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 I
of 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. lie shall likewise purchase and pay
for all materials and merchandise used or sold in the operation of the
concessions granted him i.n 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 enuumerated 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) }le• 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 10th of the following month. All charge
accowrts of every nature shall be the sole responsi-
bility of the Tennis Pro, but shall. be reported to
the Treasurer..
IV. SPACF. AND EMPLOYEF,S FOR CONCESSIONS. 1'he 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
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the activities enumerated in Section II of this agreement. He shall be
the employer of all such assistants and shall pay them their salaries,
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all Olc] Age Benefit and Unemployment taxes, both Federal and State,
~i which are required in connection therewith, as well as other employee
j benefits. He shall advise in writing, acknowledged by the employee,
'~ that all Tennis Pro Shop assistants are hi_s employees and not the
f' Village's.
V. INDEPENDENT CONTRACTOR. Shields shall prominently di-splay,,
the fact that he is au Independent Contractor concerning sale of
tennis merchandise and is not an employee of the Vill.a~e of North
Yalm Beach.
i VI. CANCF,L,LA1'ION. This agreement may be cancelled by either
party upon at least thirty (30) days written notice.
IN WITNESS W}[LiREOF the parties hereto have hereunto set
their hands and seals this Sth day of November, 1973.
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ROBER NOE}, S}[IF.LllS
THE VILhAGE OF NORTI[ PALM BL;ACII
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MAYOR / ~~' -
VILLAGE CLERK
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