1973-39 Authorizing Mayor & Clerk to enter into an Employment Agreement with Peter Finlayson
RESOLUTION N0, 39-73
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
Fr.oRIDA, 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,
FLOKIDA:
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.
Section 3. This Resolution shall take effect immediately upon
passage.
PASSF,D AND ADOPTED THIS 8 DAY OF NOVEMBER, 1973.
/s/ H. Mallory Privett, Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
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EXHI$11' A
EMPLOYMENT AGREEMENT
WITNESSF,T}I this agreement made and entered into this 8th
day of November, 1973, between THF. VILLAGF. OF NORTI} PAL{d BF.AC}I COUNTRY
CLUB, hereinafter designated as the "Club," and PETF,R FINLAYSON,
hereinafter designated as "Finlayson" wherein, in consideration of
the mutual promises herein contained, it is mutually agreed as
follows:
I. EMPLOYMENT. The Club employs Finlayson as Golf Pro-
, i'essional and Supervisor of Golfing Services at the go>~f course
operated by the Village of North Palm Beach,
from November 1, 1973 to September 30, 1974,
}{UNllREll SIXTY-EIGHT DOLLARS ($568.00) per mo
able on each pay day scheduled in accordance
In his employment i-n the foregoing capacity,
the supervision of, and directly responsible
Florida, for the period
at the salary of FIVF.
rth for said period, pay-
with Club payroll policy.
Finlayson shall be under
to, Club's General
Manager. Within this limitation, the general functions and responsi--
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bilities of said employment shall be as follows:
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(1.) To be the Club's Golf Professional and Supervisor
of Golfing Services. This includes supervision
of Club employees working as starter, ranger, 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.
~i (3) To organize and operate golf activities programs
as directed by the Club for golf members:
(4) 1'o promote goodwill and public relations with
members by working and cooperating with golf
groups.
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j (S) 1'o 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.
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7`he relationship between the Club and Finlayson with
respect to employment referred to in Section I shall, be that of
employer and employee.
I7. CONCESSIONS. In addition to performing the duties
required of hirn 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 oi' 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 f'ees~rom golf instructions, such fees to be
commensurate with those being charged in the area.
A1.1 income from golf course use, greens fees,
membership fees, cart fees, driving range fees and
loc}<er room fees shall belong to the Club only.
(3) Bag Storage. Finlayson shall collect and keep al].
fees for bag storage, such fees to be commensurate
with those being charged in the area.
(4) Rent. Finlayson shall pay the Club $1,661.00 per.
- year, divided into equal. monthly installments
beginning November 1, 1973, as rent for use of
Club facilities for instruction and sale of equip-
. meat during the terms of this employment agreement.
7II. 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
'i in Section I of this agreement; provided, however, that Finlayson
~i performs all duties prescribed in Section I in a reasonable mamrer
~ and devotes a reasonable amount of time to these duties. 1}e 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 requirements enumerated in the
foregoing paragraphs of this section and to those enwnerated as
i'ol].ows
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.! (1) Finlayson shall operate all concessions granted
to him and referred to in Section II as an
independent contractor and not as an employee
ii 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.
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(3) All. income and revenue of every nature derived
from the operation of concessions as referred to
i.n 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 oE' the fol-
lowing month. All charge accounts of every nature
shall he processed through the existing Club bill.-
, ing procedures.
(4) 1'he 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 amowtts exceed Finlayson's
monthly compensation, 'the excess shall be paid by
Finlayson.
7V. SPACE AND EMPhOYI;ES FOR CONCF,SSIONS. i'he Cl.trb
shall furnish Finlayson the present. Pro Shop area and office
except space presently allocated to the check-in counter for use
I 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 emunerated i.n Section I]
of this agreement. He shall be the employer. of all such assistants
and shall. pay them their salaries, al.l Old Age }ienefit and
~; Unemployment Taxes, both Federal and State, which are required in
connection theretvith, as well as other employee benefits. }[e
shall advise in writing, acknowledged by the employee, that all
Pro Shop assistants and al]. bag storage room attendants are hi.s
employees and not the Club's.
V, INDF.PF.NDF.NT.CONTRACTOR. Finlayson shall. prominently
display the fact that he is an Independent Contractor concerning
' sale of golf merchandise and is not an employee of the Village
of North Palm I3each in such capacity.
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VI. CANCELLATION. This agreement may be cancelled by
either party upon at least thirty (30) days written notice.
IN W1TNF.SS WI{F,REOF the parties hereto have hereunto set
their. hands and seals this ,8th day of November, 1973.
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PETER FINLA ON
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W1tRC'SSeS
T}{F. VILLAGE OF NORi'}[ PAh1`1 13EAC11
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D1AYOR j - . '
VILLAGE CLERK
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