R07-091
II
1 RESOLUTION NO. R07- octl
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING AND DIRECTING THE CITY
6 MANAGER AND CITY CLERK TO EXECUTE A
7 CONTRACT BETWEEN THE CITY OF BOYNTON
8 BEACH AND BIRDIE GOLF BALL COMPANY, INC.,
9 FOR LAKE DIVING SERVICE AT THE LINKS AT
10 BOYNTON BEACH; AND PROVIDING AN EFFECTIVE
11 DATE.
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13 WHEREAS, the Links at Boynton Beach solicited bids from four known companies
14 in the area that perform lake diving services; and
15 WHEREAS, two of the four companies responded with bids, with Birdie Golf Ball
16 Company being the highest bidder; and
17 WHEREAS, Birdie Golf Ball Company will pay to the City $5,450.00 annually, plus
18 all range balls retrieved from the lakes will be returned to the golf course;
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
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22 being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
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24 hereby authorize and direct the City Manager and City Clerk to execute a Contract between
25 the City of Boynton Beach and Birdie Golf Ball Company, Inc., providing that the term of the
26 Contract is for three (3) years from the date of execution of the Contract for lake diving
27 service at The Links at Boynton Beach, a copy of said Contract is attached hereto as Exhibit
28 "A."
II
Section 3.
This Resolution shall become effective immediately upon passage.
2 PASSED AND ADOPTED this ~ day of August, 2007.
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CITY OF BOYNTON BEACH, FLORIDA
S
ATTEST:
-~
'Xcu :Ut~--
'~,,:.
M. Prainito, CMC
Clerk
(Corporate Seal).
R07-oQ I
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE.
LAKE DIVING CONTRACT/NINE LAKES AT
THE LINKS AT BOYNTON BEACH GOLF COURSE
THIS CONTRACT FOR LAKE DIVING SERVICES, signed this ? #.. day of
s;;;b~ beY-, 2007, by and between BIRDIE GOLF BALL COMPANY,
herei after 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, CONTRACTOR is engaged in the business of the retrieval of golf
balls; and
WHEREAS, the City owns The Links at Boynton Beach Golf Course at 8020 Jog
Road, Boynton Beach, Florida; and
WHEREAS, the City is desirous of engaging the services of CONTRACTOR 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 CONTRACTOR shall
be to retrieve golf balls from the nine lakes at the golf course on an exclusive basis.
2. CONTRACT OUTLINED CONDITIONS.
a. CONTRACTOR agrees to pay $5,450.00 annually to the City, as follows:
$5,450.00 upon signing of this Contract and $5,450.00 upon the same date as
the date of execution by the City, each subsequent year.
b. CONTRACTOR agrees to return to the golf course all range balls recovered
from the lakes, at no charge, within two (2) weeks of retrieval.
c. CONTRACTOR will be required to pay the City $.10 per range ball offered
by the Golf Course to the CONTRACTOR at the end of each November.
d. CONTRACTOR 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. The City makes no guarantee that such a vehicle will be available,
however, all efforts will be made to assist the divers In obtaining
transportation onto the golf course.
3. TERM. The term of this Agreement shall be for a period of three (3) years from
the date of execution by the City, unless terminated pursuant to the terms of this
Agreement. This Agreement shall be automatically for five (5) additional one (1) year
periods, unless terminated as prescribed herein.
4. TERMINATION. This Agreement may be terminated pursuant to the following
provisions:
a. 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
sufficient period of time shall be given to correct the conditions.
b. If the conditions are not corrected within a reasonable period of time, this
Agreement may be terminated for such conditions by giving thirty (30) days
written notice.
c. This Agreement may be terminated by either party, at any time, upon
providing ninety (90) days written notice prior to termination.
5. INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold the
City of Boynton Beach and The Links at Boynton Beach Golf Course 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 or The Links at Boynton Beach Golf Course 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. Notwithstanding the foregoing, this provision shall not apply to any
damage, injury or death that results from the gross negligence or willful misconduct of
the City of Boynton Beach or The Links at Boynton Beach Golf Course or their affiliates.
6. INSURANCE REQUIREMENTS.
a. It shall be the responsibility of CONTRACTOR to maintain workers'
compensation insurance, property damage, liability insurance and vehicular
liability insurance during the duration of this contract.
b. CONTRACTOR shall secure and maintain in force, throughout the duration
of this contract, comprehensive general and automobile liability insurance
with a minimum coverage of $1,000,000 per occurrence; $1,000,000
aggregate for personal injury; $1,000,000 per occurrence/aggregate for
property damage; and, professional liability insurance in the amount of
$1,000,000 (all professional contract services).
c. Said general liability policy shall name the City of Boynton Beach as an
additional insured and shall include a provision prohibiting cancellation of
said policy except upon thirty (30) days prior written notice to the City.
d. CONTRACTOR shall secure and maintain in force throughout the duration of
this contract workers' compensation insurance to statutory limits.
e. CONTRACTOR shall furnish the City with a certificate of insurance after
award has been made prior to the start of any work for the City. Said
insurance companies must be authorized to do business in the State of Florida
and the City will not accept any company that has a rating less than B+ in
accordance with A.M. Best's Key Rating Guide, latest edition.
f. The City reserve~: the right to require additional types of insurance, or to rai~e
or lower the stated limits, based upon identified risk.
7. REPRESENTATIVE OF CITY. The City hereby agrees to designate the City
Manager or his assigned representative for purposes ofthe administration ofthe Contract.
8. REPRESENT A TIVE OF CONTRACTOR. CONTRACTOR, for purposes of
administration of this Agreement, agrees to designate the following individual, address,
and telephone number as the assigned representative for CONTRACTOR:
~ ' .5 I E:
(name) . -$ft. bit .141 ~ ~ 1'..'" ~ ee... 0 ~ 1 5 +-
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+ ~e'J..-<? ft~ 206"
..<?-< -0 C};,?I"" (telephone no.)
OJ( (facsimile no.)
9. ASSIGNABILITY. The Agreement may not be assigned or transferred without the
express prior approval of the City.
10. VENUE. In the event any litigation is pursued in association with this Agreement,
venue for such litigation shall be filed in state court in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day
indicated on the first page of the Agreement.
City Manager
BY
ATTEST:
'tn. ~
CONTRACTOR
(Corporate Seal)
ATTEST:
Corporate Secretary
Print Name:
STATE OF FLQRIDA
COUNTY OF$(tX.1 c-v4
)
)
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
~orysaid and ,in the County aforesaid to take acknowledgements, personally appeared
{,IW< ~ 'If c4 tfr:--- , the 0 '" ~ and
respectively of (
named in the foregoing agreement and that they severally acknowledg executing the same
in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in them by said and that the Corporate seal affixed thereto
is the true corporate seal of said Corporation.
WITNE~y hand and official seal in the County and State last aforesaid this ~
day of r::-, 2007.
-
....~-:;..~:f;:"... JANET R. BOYNTON
{.rA1:~ MY COMMISSION # 004442.54
~~.~.~~.; EXPIRES: June 26, 2009
".,-:f,Rr:~~~~" Bonded Thru Nola" PUOLlC UnderwrltefS
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NOT PUBLIC
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Print or Type Name OJ
(notary seal or stamp)
DNT:JV A
H:\1990\900 182.BB\AGREEMENTS 2007\Golf Ball Retrieval.doc
DISCLAIMER FORM FOR THE LAKE DIVING/NINE LAKES AT THE LINKS AT
BOYNTON BEACH GOLF COURSE
The Contractor agrees to defend, indemnify and hold the City of Boynton
Beach and The Links at Boynton Beach Golf Course harmless for any claim,
demand, suit, loss, cost, expense, including Court costs and attorney's fees, or
any damage which may be asserted, claimed or recovered against or from the
City of Boynton Beach or the Links at Boynton Beach Golf Course 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 this AGREEMENT.
~k~
Authorized Signature J/
./JtL{1( uOJDJ~~
Please Print Name
CITY OF BOYNTON BEACH
RELEASEIWAIVER AND HOLD HARMLESS FORM
I, , THE UNDERSIGNED
INDEPENDENT CONTRACTOR, in consideration of the payment of $10.00 and
other good and valuable consideration paid by the CITY OF BOYNTON BEACH,
("City"), the receipt of which is hereby acknowledged, do hereby:
1 . Assume all risks and responsibility of possible damage or injury which
may occur as a result of performing my job as an individual who dives
underwater to retrieve golf balls from the lakes located at the City's golf
course. I acknowledge that I am performing such tasks as an independent
contractor pursuant to an Agreement that the City has with Birdie Golf. In
the event I do suffer an injury while performing any tasks associated with
my job while on the City's property, I understand I am to furnish my own
insurance.
2. To enter onto the City's property to retrieve golf balls from lakes with full
knowledge that the work I am performing could result in injury to me.
3. I understand that the City's property, including the lakes and surrounding
areas are not supervised, and that I have the necessary training,
expertise, and experience necessary to perform such tasks.
4. I agree to indemnify and hold harmless the City of Boynton Beach, and/or
its departments, officials, employees, representatives, and agents from
any liability, loss, damage, expense, or other cost in the event I suffer any
injury, damage, or loss as a result of my actions in retrieving golf balls
from the lakes at the City's golf course, including attorney's fees and costs
and both the trial and appellate levels.
Signature:
Date:
Witness:
Date:
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Dan Hager
Director, Links Golf Course
FROM:
Janet Prainito
City Clerk
DATE:
August 24, 2007
RE:
R07-091- Agreement with Birdie Golf Ball Company, Inc.
Attached is a copy of the above-mentioned resolution and the original Agreement that
requires more signatures. Please obtain these signatures and return the original
agreement or a copy of the agreement for Central File. Please contact me if there are
any questions. Thank you.
Attachment
c Central File
S\CC\WP\AFTER COMMISSION\Departmental Transmittals\2007\Dan Hager R07-091.doc