1971-34 Agreement with LA Baarcke re Operation of Pool at NPBCC._ ..
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RESOLUTION N0. 34-71
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING TF{E MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREE-
MF,NT WITH L. A. BAARCKE CONCERNING THE MANAGEMENT AND OPERATION OF THE
SWIMMING POOL 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 enter into that certain Agreement
between The Village of North Palm Beach and L. A. Baareke concerning
management and operation of the Swimming Pool at the North Palm Beach
Country Club, copy of which is attached hereto as Exhibit 1 and by refer-
ence made a part hereof.
PASSED AND ADOPTED THIS 9 DAY OF DECEMBER, 1971.
/s/ H. Mallorx Privett, Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
EXHIBIT 1 ,'
0
A G R E E M E N T
THIS AGREEMENT entered into this 9 day of
December , 1971, by and between THE VILL{~~E OF NORTH
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PALM BEACH, FLORIDA, a municipal corporation, herein referred
to as "the Village," and L. A. BAARCKE, herein referred to
as "Baarcke."
WHEREAS, Baarcke is a professional Swimming Coach and
Swimming Pool Operator; and
WHEREAS, Baarcke has been a full-time .employee of
the Village in charge of the Village Country Club Swimming Pool;
and
WHEREAS, the Village and Baarcke are both desirous
of retaining Baarcke's management skills and ex~Ierience at thr
North Palm Beach Country Club, and Baarcke is desirous of also
promoting his swim team and related activities t the North Palm
Beach Country Club;
N0~-~1, THEREFORE, in consideration of tY~e terms and
conditions set forth below, the parties agree as follows:
(I WITNESSRTH:
1. From a period commencing December ~5,; 1971 at 8:00
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A.M. and ending April 30, 1972 at 11:59 P.M., the Village ~
agrees with Baarcke that Baarcke shall take actipe charge of
the management and operation of the Swimming Pool at the North
Palm Beach Country Club. During the term of this agreement,
Baarcke shall devote efficient and conscientious efforts to the
management and operation of the Swimming Pool as is necessary for
successful operation of the Swimming Pool. The Village. shall I
cooperate in every way possible to help Baarcke 'in the manage-
i
ment and operation of the Swimming Pool. j
2. Baarcke shall keep said swimming pool open to
members of the North Palm Beach Country Club and their guests,
as follows:
Tuesday through Friday:
Saturday and Sunday
Holidays (except those
noted)
12:00 Noon to 6:00 P.M.
10:00 A.M. to 6:00 P.M.
10:00 A.M. to 6:00 P.M.
Closed all Mondays and on Christmas Day. The pool
may be used on Mondays by the Village Recreation
Director for the Village Recreation program so
long as this program does not interfere with the
Club swimming team or any other Club activity.
3. Baarcke shall prepare requisitions for the purchase
of all chemicals, supplies and equipment for the swimming pool
and shall present such requisitions to the Village for approval
and issuance of purchase orders by the Village.
4. The Village shall provide pool employees as
follows: Pool Secretary, Assistant Pool Manager, Lifeguards,
Checkroom Attendants, and Clean-up personnel at pay provided for
in the budget. These employees shall be supervised by Baarcke
as to pool policy and activities, it being understood that all
Village Country Club employees are subordinate to the Country
Club Manager as to all Country Club personnel policies. Baarcke
may make recommendations to the Country Club Manager concerning
the hiring and firing of Village pool personnel.
5. The Village agrees to make repairs to all equipment
in the Swimming Pool, to provide all commodities and equipment
necessary for its operation, and to provide salaries for all
Village employees as outlined in the budget. Baarcke will not
be responsible for. any costs or expenses of maintaining, operat-
ing or improving the pool or for purchase of pool equipment or
pool supplies or for remuneration of Village employees.
6. Baarcke shall furnish to the Village an accounting
of the monies received from members or credit extended to
members at the Swimming Pool at least monthly, or at more
frequent intervals as requested by the Village, which accounting !,
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shall be made in such a manner and on such forms as the Village
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shall direct. The Village shall maintain and keep all Swimming
Pool books and records relating to the operation of the Swimming
Pool during the term of this agreement.
7. During the operation of this agreement, Baarcke
shall extend credit only to bona fide members of the North Palm ~
Beach Country Club.
8. At the close of the business day all charge tickets;
and cash for memberships, members' bills, guest fees, snack j
bar coupons, and pool rental and all monies and charges col.lectedi
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from members on behalf of the Village shall be turned over to
the business office of the North Palm. Beach Country Club for
processing and billing. If the Club business office is not
open at the close of the Swimming Pool's business day, charge
tickets and cash will be turned in the next day the business
office is open. The Village shall be responsible for billing
charges at the Swimming Pool.
9. Both parties to this agreement hereby agree that
II they will observe all laws and regulations of Federal, State
it and County and Municipal governmental bodies.
~,:, 10. During the term of this agreement, Baarcke shall
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receive monthly compensation as follows: $740,00 per month.
11. This agreement shall be terminated immediately
if Baarcke shall die, become insolvent or bankrupt.
12. Baarcke is retained and employed by the Village
j only for the purposes and. to the extent set forth in this
agreement, and his relation to the Village shall, during the
period or periods of his employment and services hereunder, be
that of an independent practitioner, and he shall be free to
dispose of such portion of his entire time, energy, and skill
during regular business hours as he is not obligated to devote
hereunder to the Village in such manner as he sees fit and to
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such persons, firms or corporations as he deems advisable.
Baarcke shall not be considered under the provisions of this
agreement or otherwise as having an employee status or as being
entitled to participate in any plans, arrangements, or distribu-
tions by the Village or in connection with any pension, stock,
bonus, profit-sharing or similar benefits for their regular
employees..
13. As additional compensation, BaarcY.e shall have
the right to use the Village Swimming Pool to promote his North
Palm Beach Swim Club and North Palm Beach Swim Shop as he has
previously done while an employee of the Village.
14. During the term of this agreement the Village
agrees to hold Baarcke harmless of and from any suit, judgment,
execution, claim or demand whatsoever arising out of or concern-
ing any activities at the North Palm Beach Country Club Swimming
Pool, except for any personal action of Baarcke.
15. This agreement may be cancelled. by either party upon
thirty (30) days written notice from one to the other. i
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IN WITNESS WHEREOF the parties hereto have set their ~
hands and seals the day and year first above written. j
THF. VILLAGE OF NORTH PALM BEACH,
FLORIDA
(Village Seal)
~; ATTFiT:
~!
~j Village Clerk
. Baarcke:
r
~ , ~ ~ ~
BYj ~l,t ~ ~ l %~
j
. Cz. ~~-6~.~
L. A. BAARCKE
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