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Home My WebLink About29897 / 78-14I��rR�es 7_1, 1978 � 14 PU2D(�SE: APP?� �C1ti Pi2F�CT WITFi L�iT 4v.yT::,�?I'wC I?SITZATED BY: "rAi�'i{S DII'�fi`P:�1. RFSOL.LTPS:''*I F7E?F;i2Fl,S, it is necess�::y tr� revi�e var�_�tis pro•,rision.; of the pres�nt centr<�ct with Lakeshcre b!uru.cipal Golf Course Pro, Ir�u Warobick. NOW, THF.iL�'.EY�.�E, BE ST RESOL�'ED by the Co;rtron t'�ouncil oi the City �r Ost�kosli ihat the prop��r City pffieials are her�Uy aiiu�orized <3nd directed to er.t�r intu the attached c<: :'�> •:c with Lc�u F]�rohick. - 1. 4 - ".U3..T�,��.r�. n:- � � .:_.i _ .,_ .._.______.. .. � � r EMPLOYMENT AGREEMENT W I TNESSETH th i s agreement made and entered i nto th i s ,�,� �� day of_�,��&�� {979 between the CITY OF OSHKOSH, a municipal corporation formed under the STATE OF WISCONSIN, of P.O. Box 1130, Oshkosh, Wisconsin 54902, hereinafter designated as party of the firsfi part, and Lou Warobick of 1520 W. 9th Avenue, Oshkosh, Wisconsin 5490I, hereinafter designated as party of the second part, wherein, in consideration of the mutual promises hsrein contained, it is mutually agreed as follows: EMPLOYMENT Party of the `irst shall, and by these presents does, employ party of the second part as Lakeshore Muricipal Golf Course Professional/Manager at the golf course operaPed by party of the '.irst pari', for the period fram January !, t979, to December 31, 1979, and annually th=r=�fter unless terminated by giving written notice to the other pariy no later than N;;v�rber Ist of a�y year, at a safary ofi within the current City of Oshkosh pay ordinar.ce f�r said period, payable in regular city pay pe�icds. $i00.OG per month is to be deducted ior the American PGA pension p!an in accordance with Council resolution dated I/6/77. Said employee shall accrue sick leave, vacaFion le:ave and frinqe benefits offered similarily as other city employees. In consideratior� of the employee working weekends, holidays and overtime during 1he golfing season, a total of {3 additional days with pay will be authorized. This salary takes in consideeation that no perceniage of concession funds are to be paid to the City. in his employrnerri in the foregoing capaciiy, party of the second part shall be under the supervision of and direci-ly responsible to tfie Director of Parks, or his appointee. Within this limitation, the yeneral functions and �-esponsibilities of said employmeni shal! be as folicws: The overail manageria{ function of Lake Shore Municipal Golf Course, in- cluding, bui not limited to, budgetary, fiscal, personnel, and general maintenance of condition of buildings and grounds therein. Other pertinent terms and conditions of the employment of party of the second part try party of the first part in the foregoing capacity sha{I be as follows: The Pro-Manager has the right to attend professional golf tournaments, at his own expense, providing he obtains prior approval. The relationship between party of the first part and party of the second part with respect to the employment refe�red to in this Section (I) shall be that of em�loyer and employee and party of the first part shaii pay all Retiremenfi BenefiYs and Unemployment Taxes, both Federal and State, which are required of the employer with respect to such employment. 2. CONCESSIONS In addition to performing the duties required of him in connection with the emp{oyment referred to in Section (I) above, party of the second part shall be given the exclusive privilege, and snall be required, during the period of his affiliafiion with party of the first part by reason of the provisions of this agreement, to operate the following con- cessions on the premises of the party of the second part, according to the terms and con- ditions set forth in connection with each. Furthermore, if additional help is required to manage said cencession, the party ot the second part, shall be solely responsible to -I- , hire, and pay, said extra help, but any such employee shal{ be approved by the City Manager and the City of Oshkosh shall assume no liability of any nature as a resuli' of said extra help. (a) SALE OF GOLF MERCHANDISE: Including but not limited to golt equipment, accessories, and supplies (b) GOLF INSTRUCTION: Including the teaching of such lessons at Lakeshore (c) GOLF CLUB C_EANING, REPAIRS AND STORAGE; (d) GOLF CARTS ^r.:iD GOLF CARS: With the c�r;:ition that Mr. 'd�robick shall provide said golf carfs (e) OTHER: Including the "Lost Ball" concession GENERAL: Party of the second part shall be perrnilied to devote as much time as is necessary to the operation of the foregoing concessions at such times as is convenient and so as not to conflict with his duties as a ciiy employee without deduction from 1he salary specified in Section (I) of this agreement and without restriction or limitation except as enumerated in Paragraphs (a), (b), (c) and (d) of this Section (2). He shall likewise purchase and pay for all materials and merchandise used or sold in the operation of the said concessions, 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 fore- going paragraphs of this Section (2). Party of the second part shall operate all concessions hereinbefore referred to in this Section (2) as an independent contractor. He shall keep adequate books and records, make all tax returns and pay all taxes required in connection therewith in his own name_ Such books and records shall be his own private property and shall not be open to the inspection of party of the first part or the officers, agents or members thereof, nor shall party of the second part be required to account to them or either of them, for the income, expenses or net profit o` said concessions. 5. GENERAL Party of the first part shall furnish party of the second part with adequate quarters on the premises occupied by party of the first part for the performance of the duties and functions enumerated in this agreement, in addition to the other quarters and accomodations �vhich are hereinafter described as follows: Those areas specitically referred to in attachment "A" as : Pro/`.tanager, Pro Shop, Pro Storage, and Under Counter Storage -Z- It is understood that party of the first part shall not furnish the aforesaid quarters, with the exception of the Pro/Manager's office, and accomodations without deduction from the salary or other income which shall accrue to party of the second part by reason of the provisions of this agreement and that said quarters are furnished pariy of the second part so(ely for the convenience of party of the first part. It is further agreed and understood that Lessee, for the purpose of this contract, is an independent contractor and is not, as a resuli of this contract, an employee oi the City of Oshkosh; that it Lessee employs one or more employees they shall obtain the necessary Work.?zn's Compensation coverage, even though not an employer under defiinition prescribed by t?a statutes, and fite a copy of such Workmen's Compensation insurance poficy in the o"ice of the City Clerk and maintain fihe same in full force and effect at all times dur'�g the period of this contra ct. PARTY OF THE SECOND PART: PARTY OF THF fIRST PART: CITY OF OSHKOSH Lou Warobick ��-t,Q� '�/�� gY �� A S i gnatu re z"'`�" '�� y' , William D. Frueh, City Manager Witnesses: �� // f �� .'L i"Z� /�l'�i T, �.�. l,��. �ai��.,,i Approved as to form:execution: Jo�fr� Pence, City Attorney By7/%�il�f'��C-/�i �/ ltCc �, . Co vn erse C. Marks,, Cferk