R98-120.¥
RESOLUTION NO. R98-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A THREE YEAR CONTRACT BETWEEN THE
CITY OF BOYNTON BEACH AND NITRO/SECOND
CHANCE FOR BALL RETRIEVAL.; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach advertised a bid to secure a firm
for ball retrieval at the Nine Lakes at the Boynton Beach Municipal Golf Course;
and
WHEREAS, Nitro/Second Chance was the sole responsive, responsible
bidder who met all requirements and specifications to BID #066-725-98/CJD;
and
WHEREAS, the City Commission has determined that it is in the best
interests of the residents of the City to enter into a three year contract with
Nitro/Second Chance for the retrieval of golf balls;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute a three
year Contract between the City of Boynton Beach and Nitro/Second Chance for
the retrieval of golf balls at the Nine Lakes at the Boynton Beach Municipal Golf
Course, a copy of said Contract is attached hereto as Exhibit "A."
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
ATTEST:
'Ci~' Clerk
day of July, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
'or Pro Tem
missioner
Co~mmissioner
CONTRACT FOR LAKE DIVING SERVICE
AT BOYNTON BEACH MUNICIPAL GOLF COURSE
THIS CONTRACT FOR LAKE DIVING SERVICES, signed this 8th day of JULY, 1998,
effective JULY 8, 1998, by and between SECOND CHANCE/NITRO LEISURE, hereinafter
referred to as CONTRACTOR and THE CITY OF BOYNTON BEACH, a Florida municipal
corporation, whose principal address is 100 E. Boynton Beach Blvd., Boynton Beach, FL,
hereinafter referred to as "City",
WITNESSETH:
WHEREAS, SECOND CHANCE/NITRO LEISURE is engaged in the business of the
retrieval of golf balls; and
WHEREAS, the City owns the Boynton Beach Municipal Golf Course at 8020 Jog Road,
Boynton Beach, Florida; and
WHEREAS, the City is desirous of engaging the services of SECOND CHANCE/NITRO
LEISURE for the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, and other good and valuable consideration, the parties agree as follows:
1. SCOPE. The general scope of services to be performed by SECOND
CHANCE/NITRO LEISURE shall be to retrieve golf balls from the nine lakes at the
golf course on an exclusive basis. A copy of the scope of services is attached hereto and
incorporated herein by reference as Exhibit "A".
CONTRACT OUTLINED CONDITIONS.
a. SECOND CHANCE/NITRO LEISURE agrees to pay $13,000.00 to the-City
($12,110 minimum)
upon signing of this Contract and $13,000.00 on the anniversary
($12,110 minimum)
of the signing of this contract each subsequent year.
b. SECOND CHANCE/NITRO LEISURE agrees to remm to the golf course all range
balls recovered from the lakes, at no charge, within two (2) weeks of retrieval.
c. SECOND CHANCE/NITRO LEISURE shall pay the City $.20 per range ball turned
in by the Golf Course to the successful bidder at the end of each November.
d. SECOND CHANCE/NITRO LEISURE agrees to notify the golf course
superintendent at least two (2) days in advance of arrival to get approval for the use of a
golf utility vehicle. No guarantee is made by the City that such a vehicle will be
available, however, all efforts will be made to assist the divers in obtaining transportation
onto the golf course.
e. SECOND CHANCE/NITRO LEISURE agrees to sell to the City recycled grade.
"A", rewashed golf balls (no X-outs, pro line only) for resale in the City's pro shop at
$1.20/dozen (maximum charge $1.20/dozen) should the City wish to make such a
purchase.
6;
TERM. The term of the Contract shall be for a period of thirty-six (36) months fi.om
the date of this agreement.
CONTRACT PERIOD: JULY 8~ 1998 TO JULY 7~ 2001
This may be renewed on a yearly basis for an additional thirty-six months provided the
parties consent in writing, except as follows:
TERMINATION.
If conditions are present which are considered by either party to be cause for
termination, written notice shall be provided to the other party, and a reasonable
period of time no greater than ten (10) days shall be given to correct the conditions
constituting the breach; or
If the conditions are not corrected within the 10 day period this AGREEMENT may
be terminated for such conditions by giving thirty (30) days written notice to the other
party; or
c. Upon ninety (90) days written notice by either party prior-to the annual renewal date,
this agreement can be terminated.
DISCLAIMER. SECOND CHANCE/NITRO LEISURE agrees to defend,
indemnify, and hold the City of Boynton Beach, City of Boynton Beach Municipal Golf
Course, its officers, employees and agents harmless from any claim, demand, suit, loss,
cost, expense, including court costs and attorneys' fees, or any damage which may be
asserted, claimed or recovered against or fi.om the City of Boynton Beach, City of
Boynton Beach Municipal Golf Course, its officers, employees and agents by reason of
any damage to property or injury, including death, sustained by any person whomsoever
and which damage, injury or death arises out of, is incident to, or in any way connected
with the performance of the Contract.
LIABILITY INSURANCE. SECOND CHANCE/NITRO LEISURE, during the term
of this Contract, agrees to procure and maintain at its own expense, at all times,
comprehensive general liability insurance relative to its business operations, pursuant to
the Contract, with limits of not less than $1,000,000.00 per occurrence, $1,000,000.00
aggregate, and insurance as set forth in the Insurance Advisory Form attached hereto as
Exhibit "B". Said policies shall name the City as an additional insured, and shall provide
that it may not be canceled without thirty (30) days prior written notice to the City.
Before commencing any work hereunder, SECOND CHANCE/NITRO LEISURE,
shall file with the Risk Management Division, evidence of the required insurance by way
of providing a Certificate of Insurance.
WORKERS' COMPENSATION. SECOND CHANCE/NITRO LEISURE during the
term of this Contract, agrees to at all times maintain statutory Workers' Compensation
Insurance as described on the attached insurance advisory forrm (Exhibit B)
ASSIGNABILITY. The Contract may not be assigned or transferred without the express
prior approval of the City.
10.
11.
12.
13.
14.
15.
DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed
by it under this agreement, will not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by
this agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other
provision.
DISPUTES. Venue for purposes of litigation arising out of the performance of this
agreement shall be Palm Beach County, Florida. Further, this agreement shall be
interpreted and construed pursuant to Florida Law.
NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH, FL 33425-0310
ATTN: Joe Sciortino, Golf Director
Notices to CONTRACTOR shall be sent to the following address:
SECOND CHANCE/NITRO LEISURE
1299 S.W. BILTMORE STREET
PORT ST. LUCIE, FL 34983
ATTN: PAUL KANEB
SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event' rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion
or provision of the Agreement. Any void provision shall be deemed severed from the
Agreement and the balance of the Agreement shall be construed and enforced as if the
Agreement did not contain the particular portion or provision held to be void. The Parties
further agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both the City and
Contractor.
IN WITNESS WHEREOF, the parties hereto set their hands and seals this
,1998.
day of
BY /-',
Mayor //
CITY OF BOYNTON B~ACH
Attest:
~' City Clerk
CONTRACTOR
Signed and Witnessed
in the presence of.'
BY:
President or Vice President
CONTRACT FOR LAKE DIVING SERVICE
AT.BOYNTON BEACH MUNICIPAL GOLF COURSE
THIS CONTRACT-FOR LAKE DIVING SERVICES, signed this 6th day of JULY, 1998,
effective J UN E 15,_ 1998, by and between NITRO/SECOND CHANCE, hereinafter referred to
as CONTRACTOR and T~E CITY OF BOYNTON BEACH a Flodda municipal corporation
whose principal address is 100 E. Boynton Beach Blvd., Boynton Beach, FL, hereinafter
referred to as "City",
WITNESSETH:
WHEREAS, NITRO/SECOND CHANCE is engaged in the business of the retrieval of golf
balls; and
WHEREAS, the City owns the Boynton Beach Municipal Golf Course at 8020 Jog Road,
Boynton Beach, Florida; and
WHEREAS, THE City is desirous of engaging the services of NITRO/SECOND CHANCE
for the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, and other good and valuable consideration, the parties agree as follows:
1. SCOPE. The general scope of services to be performed by NITRO/SECOND
CHANCE shall be to retdeve golf balls from the nine lakes at the golf course on an exclusive
basis. A copy of the scope of services is attached hereto and incorporated herein by reference
as Exhibit "A".
CONTRACT OUTLINED CONDITIONS.
a. NITRO/SECOND CHANCE agrees to pay $13~000.00 to the City
($12,110 minimum)
upon signing of this Contract and $13,000.00 on the anniversary
($12,110 minimum)
of the signing of this contract each subsequent year.
b. NITRO/SECOND CHANCE agrees to retum to the golf course all range balls
recovered from the lakes, at no charge, within two (2) weeks of retrieval.
c. NITRO/SECOND CHANCE shall pay the City $.20 per range ball tumed in by the
Golf Course to the successful bidder at the end of each November.
d. NITRO/SECOND CHANCE agrees to notify the golf course superintendent at least
two (2) days in advance of ardval to get approval for the use of a golf utility vehicle. No
guarantee is made by the City that such a vehicle will be available, however, all efforts
will be made to assist the divers in obtaining transportation onto the golf course.
e. NITRO/SECOND CHANCE agrees to sell to the City recycled grade "A", rewashed
golf balls (no X-outs, pro line only) for resale in the City's pro shop at $1.201dozen
(maximum charge $1.20/dozen) should the City wish to make such a purchase.
TE RM. The term of the Contract shall be for a pedod of thirty-six (36) months from the
date of this agreement. This may be renewed on a yearly basis for an additional thirty-
six months provided the parties consent in wdting, except as follows:
4. TERMINATION.
If conditions are present which are considered by either party to be cause for
termination, written notice shall be provided to the other party, and a reasonable
period of time no greater than ten (10) days shall be given to correct the conditions
const tdting the breach or
If the conditions are not corrected within the 10 day period this AGREEMENT may
be terminated for such conditions by giving thirty (30) days wdtten notice to the other
party; or
c. Upon ninety (90) days written notice by either party prior to the annual renewal date
this agreement can be terminated.
DISCLAIMER. NITROJSECOND CHANCE agrees to defend, indemnify, and hold the
City of Boynton Beach, City.of Boynton Beach Municipal Golf Course, its officers,
employees and agents harmless from any claim, demand, suit, loss, cost, expense,
including court costs and attorneys' fees, or any damage which may be asserted,
claimed or recovered against or from the City of Boynton Beach, City of Boynton Beach
Municipal Golf Course, its officers, employees and agents by reason of any damage to
property or injury, including death, sustained by any person whomsoever and which
damage, injury or death arises out of, is incident to, or in any way connected with the
performance of the Contract.
LIABILITY INSURANCE. , during the term of this Contract, agrees to procure and
maintain at its own expense, at all times, comprehensive general liability insurance
relative to its business operations, pursuant to the Contract, with limits of not less than
,$1,000,000.00 per occurrence, $1,000,000.00 aggregate, and insurance as set forth in
the Insurance Advisory Form attached hereto as Exhibit "B". Said policies shall name
the City as an additional insured, and shall provide, that it may not be canceled without
thirty (30) days pdor written notice to the City. Before commencing any work hereunder,
.NITROISECOND CHANCE, shall file with the Risk Management Division, evidence of
the required insurance by way of providing a Certificate of Insurance.
7. WOR
described on the
advisory form
ASSIGNABILITY. The Contract may not be assigned or transferred without the express
pdor approval of the City.
DISCRIMINATION PROHIBITED. The Contractor, with regard .to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national'
origin, religion, creed, age, sex or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
10.
ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by
this agreement without the express wdtten consent of the City.
IN WITNESS WHEREOF, the parties hereto set their hands and seals this
,1998.
BY
Mayor
CITY OF BOYNTON BEACH
day of
Approved as to form by:
Attest:
City Attorney City Clerk
CONTRACTOR
Signed and Witnessed
in the presence of:
BY:
President or Vice President