1971-36 Agreement with P. Finlayson re Services as Golf Pro~ a
KESOLUTION N0, 36-71
A RF,SOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND THE VILLAGE CLERK TO ENTER INTO AN
I;MPI,OYMENT 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 ANll ADOPTED THIS 9 DAY OF DECEMBER, 1971.
/s/ H, Mallory Privett Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
EXHIBIT A
EMPLOYMENT AGREEMENT
WITNESSET}I this agreement made and entdred 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, 1992 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
shall be under the supervision of, and directly responsible to,
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Club"s General Manager. Within this limitation, the general
functions and responsibilities of said employment shall be as
follows:
(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) To organize and operate golf activities programs
as directed by the Club for golf members.
(~4) To promote good will and public relations with
members by working and cooperating with golf
groups.
(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.
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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 I
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
corrunensurate with those J~eing 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.
(3) Rent. Finlayson shall pay the Club $1,650,00 '
per year, divided into equal monthly installments
begimiing 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. }{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
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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 10th 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. SPACF, 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
ilas 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 assistant
and shall pay them their salaries, all Old Age Benefit and
Unemployment Taxes, both Federal and State, which are required in li
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. INDEPENDENT CONTRACTOR. Finlayson shall prominently
display the fact that he is an Independent Contractor concerning
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'I~sale of golf merchandise and is not an employee of the Village
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Ilof 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
19 71 .
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Witness
Peter Fi avson
THE. VILLAGE OF NORTI? PALM BEACH
Mayor /~
Dolores R. Walker, Village Clerk
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