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1971-34 Agreement with LA Baarcke re Operation of Pool at NPBCC._ .. -. 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 i 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 I, ' 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 !, i shall be made in such a manner and on such forms as the Village i -2- 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 I 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 ;i 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 -3- 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 I i 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 -4-