1971-37 Agreement with LA Baarcke re Concessions at NPBCC
RESOLUTION N0. 37-71
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A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND THE VILLAGE CLERK TO ENTER INTO
AN F,MPhOYMENT AGREEMENT BETWEEN THE VILLAGE OF NORTH PAIM BEACH AND
}~. A. BAARCKE FOR SERVICES AND CONCESSIONS AT THE NORTH PALM BEAC}[
COUNTRY CLUB.
BF. 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 L. A.
BAARCKE concerning his concession privileges 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.
PASSF,D AND ADOPTED THIS 9 DAY OF DECEMBER, 1971.
/s/ H. Mallory Privett, Jr.
MAYOR
ATTEST:
/s/ llolores R. Walker
Village Clerk
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EX}IIBIT A
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F,MPLOYMENT AGRF:FPdF.NT
WITNESSETH this agreement made and entered into this
9_ day of December __ , 1971 between TH$ VILLAGE OF
NORTII PALM BEACH COUNTRY CLUB, hereinafter designated as the
"Club," and L. A. BAARCKE, hereinafter designated as "Baarcke"
wherein, in consideration of the mutual promises contained, it isl,
mutually agreed as follows:
1. CONCESSIONS. Baarcke is given the exclusive privilege
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and shall be required during the period of his affiliation with
the Club by reason of the provisions of a management agreement
between the parties dated December 9
1971, to operate
the following concessiens~on the premises of the Club according
to the terms and conditions set forth in connection c•i.th each:
(1) Sale of Swim Merchandise. Baarcke shall own
and sell all swim merchandise and equipment
in the swim shop. The prices charged for
such shall be commensurate with those charged
for swim equipment in Palm BeacYi County.
'i (2) Swim Instruction. Baarcke shall collect and
i~ keep all fees from swim team in$truction and
~I from all private instructions.
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~; (3) Rent. Baarcke shall pay the Club $1,200.00
;I on or before RPn ~er1~._1~Z2- as rent for
use of Club facilities for. instruction and
sale of equipment during the terms of this
employment agreement.
i II. GENERAL. Baarcke shall purchase and pay for all
materials a.nd merchandise used or sold in the operation of the
concessions granted to him 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 below:
(1) Baarcke shall operate all concessions granted
to him and referred to in Section I as an
independent contractor and not as an employee
of the Club.
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(2) He shall keep adequate books and records,
make all tax returns and.. pay all taxes
required in connection with the concessions
in his own name.
(3) All income and. revenue of every nature derived
from the operation of concessions and swim
team fees as referred. to in Section I, 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 ii
remain uncollected after sixty (60) days shall
be paid by Baarcke.
III. SPACE AND EMPLOYEES FOR CONCESSIONS. The Club shall,
furnish Baarcke the present pool area and office except space
presently allocated to the pool secretary for use as his office
and sales room. Baarcke shall employ ,at his own expense any and
all assistants that may be reasonably necessary to effectively
carry out the duties enumerated in Section I'of this agreement.
He shall he the employer of all such assistants and shall pay
them their salaries, all Old Age Benefit and Unemployment
Compensation Taxes, both Federal and State, which are required
in connection therewith, as well as other employee benefits.
He shall advise in writing, acknowledged by the employee, that
all swim shop assistants are his employees and not the Club's.
IV. INDEPENDENT CONTRACTOR. Baarcke shall prominently
display the fact that he is an Independent Contractor concerning ;
sale of swim shop merchandise and is not an employee of the
Village of North Palm Beach in such capacity.
V. CANCELLATION. This agreement may be cancelled by
either party upon at least thirty (30) days written notice.
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IN WITNESS WHEREOF the parties hereto have hereunto set
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their hands and seals this `~ day of December ,
1971.
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L. A. BAA.RCKE
Witnesses
THE VILLAGE OF NORTH PALM REACH i
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Ma or
Villag Clerk
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