1973-40 Authorizing Mayor & Clerk to enter into an Agreement with L.A. Baarcke
RESOLUTION N0. 40-73
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PAIM BEACH,
FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREE-
MENT WITH L. A. BAARCKE CONCERNING THE MANAGEMENT AND OPERATION OF THE
1 SWIN)r7ING POOL AT THE NORTH PALM BEACH COUNTRY CLUB.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEAC}i,
FLORIDA:
Section 1. The Mayor and the Village Clerk be, and they are
hereby, authorized. and directed. to enter into that certain Agreement be-
tween the Village of North Palm Beach and L. A. Baareke concerning manage-
ment and. operation of the Swimming Pool at the North Palm Beach Country
Club, a copy of which is attached hereto as Exhibit 1 and by reference
made a part hereof.
Section Z. The Village Clerk is hereby authorized and directed
' to affix the Village Seal thereto.
Section 3. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED THIS S DAY OF NOVEMBER, 1973.
/s/ H. Mallory Privett, Jr.
MAYOR
ATTL'ST:
/s/ Dolores R. Walker
Village Clerk
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F,XHIBIT I '
FMYLOYMENT AGREEMENT
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WITNESSET}{ this agreement made and entered into phis 8th
day of November, 1973, between THE VILLAGE OF NORTH PALM B~ACH COUNTRY
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CLUB, hereinafter designated as the "Club," and L. A. RAAR~KE, here-
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inafter designated as "Baareke" wherein, in consideration Qf the
mutual promises contained, it is mutually agreed as follow ;
I. CONCF,SSIONS. Baareke is given the exclusive privilege
and shall be required during the period of his affiliation~wi.th the
Club by reason of the provisions of a management agreement between
the parties dated November 1, 1973, to operate the following conces-
sions on the premises of the Club according to the terms and conditions
set forth in connection with each:
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(1) Sale of Swim Merchandise. Baareke shall octet
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 Beach County. i
(2) Scaim Instruction. Baareke shall collect ar)d
keep all fees from swim team instruction and
! from all private instructions. l
(3) Rent. Haareke shall pay the Club $1,213.00
on or before September 1, 1974 as'rent for use
of Club facilities for instruction and sale of
equipment during the terms of this employment
agreement.
! II. GENERAL. Baareke shall purchase and
pay for all
I materials and merchandise used or sold in the operation of the con-
, cessions granted to him in his own name and on his overt 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 re-
,~ quirements enwnerated below:
(1) Baareke shall operate all concessions granted
to hi.m and referred to in Section I as an
independent contractor and not as an employee
of the Club.•
(2) }{e shall keep adequate books and records,
make all tax returns and pay all taxes re-
quired in connection with the concessions
in his ocvn name.
(3) Al.l income and revenue of every nature derived
ii 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.
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(4) The amounts of charge accounts. for merchandise
or lessons which are billed by the Club and
remain uncollected after sixty (G 0) days shall
be paid by naarcke.
III. SPACE AND EMPLOYEES FOR CONCESSIONS. The Club shall
~i funrnish }}aarcke the present pool area and office except space presently
allocated to the pool secretary for use as his office and sales room.
~~': fiaareke shall employ at his own expense any and all assistants that
may be reasonably necessary to effectively carry out the duties en-
umerated in Section I of this agreement. }{e shall be 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 i'he Club's.
IV. INDEPF,NDF.NT CONTRACTOR. Raareke 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 Pa]_m Beach in such capacity.
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V. CANCELLAT70N. Phis agreement may he cancelled by either
party upon at least thirty (30) days written notice.
i IN WITNF,SS Wf[ERCOF the parties hereto have hereunto set
their hands and seals this Rth day of November, 1973.
~ L. A. BAARCKE
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Witne's'ses T}{E VILLAGE OF NORTH PAhM I3EACH
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/~ MAYOR~~-
VILLAGE CL--E
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