1972-22 Authorizing the Mayor & Clerk to enter into an agreement with L.A. Baarcke for Management of the Swimming Pool•,
RESOLUTION N0. Z2-72
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN
' AGRF,EMENT WITH L. A. BAARCKE CONCERNING THE MANAGEMENT AND OPERATION
OP 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
}~ereby, 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
reference made a part hereof.
' PASSED AND ADOPTED THIS 27 DAY OF APRIL, 1972.
/s/ H. Mallory Privett, Jr.
MAYOR
ATTEST:
/s/ Dolores R. Walker
Village Clerk
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Exhibit 1
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AGREEMENT
THIS AGREEMENT entered into this 27 day of April, 1972,
by and between T}{E VILLAGE OF NORTH PAT1~'I BEACH, FLORIDA, a municipal
corporation, herein referred to as "the Village," and L. A. BAARCKE,
herein referred to as "Baareke."
WHEREAS, Baareke is a professional Swimming Coach-and
Swimming Pool Operator; and
W}{EREAS, Baareke has been a full-time employee of the
Village in charge of the Village Country Club Swimming Pool; and
W}{EREAS, the Village and Baareke are both desirous
of retaining Baareke's management skills and experience at the
North Palm Beach Country Club, and Baareke is desirous of alsE
promoting his swim team and related activities at the North Palm
Beach Country Club;
NOW, THEREFORE, in consideration of the terms and con-
ditions set forth below, the parties agree as follows:
WITNESSETH: ~ ,
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1. From a period commencing May 1, 1972 at 8:00 a.m.
and ending October 31, 1972 at 11:59 p.m., the Village agrees with
Baareke that Baarcke shall take active charge of the management
and operation of the Swimming Pool at the. North Palm Beach Country
Club. During the term of this agreement, Baareke 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 cooperate in every way possible
to help Baareke in .the management and operation of the Swimming
Pool.
2. Baareke shall, keep said swimming pool open to
members of the North Palm Beach Country Club and their guests,
as follows:
Tuesday through Friday
Saturday & Sunday
IIoli.days (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. 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. Baareke 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.
~I. 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 Baareke as. to pool
policy and activities, it being understood that all Village Country
Club employees are subordinate to the Country Club Manager aseto all
Country Club personnel policies. Baareke 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. Baareke will not be
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responsible for any costs or expenses of maintaining, operating
or improving the pool or for purchase of pool equipment or pool
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supplies,or for remuneration of Village employees.
6, Baareke 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 inter-
vals as requested by the Village, which accounting shall be made
in such a manner and on such forms as the Village 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.
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!! 7. ihiring the operation of this agreement, Baareke shall Ii
extend credit only to bona fide members of the North Palm Beach ~
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~ Country Club.
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8. At the close of the business day all charge tickets ~
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and cash for memberships, membersT bills, guest fees, snack bar
coupons, and pool rental and all monies and charges collected from i
members on behalf of the Village shall be turned over to the ~
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business office of the North Palm Beach Country Club for processing !
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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
they will observe all laws and regulations of Federal, State and
County and Municipal governmental bodies.
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10. During the term of this agreement, Baareke shall
receive monthly compensation as follows: $740.00 per month. ~
11. This agreement shall be terminated immediately
~~ i.f'Baarcke shall die, become insolvent or bankrupt.
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i 12. Baareke is retained and employed by the Village only
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it for the purposes and to the.extent set forth in this agreement,
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and his relation to the Village shall, during the period or periods i
of his employment and services.hereunder, be that of an independent
practitioner, and he shall be free to dispose of such portion of ~
II hi.s 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 such persons, firms or corporations
~ as he deems advisable. Baareke shall not be considered under the I,
provisions of this agreement or otherwise as having an employee
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i status or as being entitled to participate in any plans, arrange- ~,
ments, or distributions by the Village or in connection with any
pension, stock, bonus, profit-sharing or similar benefits for
~i their regular employees. '
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13. As additional compensation, Baareke shall have the
right to use the Village Swimming Pool to promote his North Palm i
Beach Swim Club and North Palm Beach Swim Shop as he has previous- ~
ly done while an employee of the Village. ~
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14. During the term of this agreement the Village
agrees to hold Baareke 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 Baareke.
15. This agreement may be cancelled by either party
upon thirty (30) days written notice from one to the other.
IN WITNESS WHEREOF the parties hereto have set their
hands and seals the day and year first above written.
THE VILLAGE OF NORTH PALM BEACH, FLORIDA
By---~~~
MAYO
ATTEST:
Village Clerk
L. A. BAARCKE
Wittt~s~es as to A - ~reke:
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