R08-137
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1 RESOLUTION NO. R08-/,3 7
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 i AUTHORIZING AND DIRECTING THE CITY
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6 MANAGER AND CITY CLERK TO EXECUTE A
7 CONTRACT BETWEEN THE CITY OF BOYNTON
8 BEACH AND MALLARD GOLF, INC., FOR LAKE
9 DIVING SERVICE AT THE LINKS AT BOYNTON
10 BEACH; AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the Links at Boynton Beach solicited bids from four known companies
13 in the area that perform lake diving services; and
14 WHEREAS, two of the four companies responded with bids, with Mallard Golf, Inc.,
15 being the highest bidder; and
16 WHEREAS, Mallard Golf, Inc., will pay to the City $4,400.00 annually, plus all
17 range balls retrieved from the lakes will be returned to the golf course;
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 eing true and correct and are hereby made a specific part of this Resolution upon adoption.
22 Section 2. The City Commission of the City of Boynton Beach, Florida does
23 ereby authorize and direct the City Manager and City Clerk to execute a Contract between
24 he City of Boynton Beach and Mallard Golf, Inc., providing that the term of the Contract is
25 or two (2) years from the date of execution of the Contract for lake diving service at The
26 inks at Boynton Beach, a copy of said Contract is attached hereto as Exhibit "A."
27 Section 3. This Resolution shall become effective immediately upon passage.
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1 I! PASSED AND ADOPTED this<f,i~-day of November, 2008.
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11 Commissioner - Ronald Wei a /"
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14 Commissioner - WoodrowL.yHay-
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17 ATTEST: Commissioner - Marlene Ross
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26 Corporate Seal)
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;['ct ~/ 3 7
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 '13 day of
~(J-t ,200ft, by and between Mallard Golf Inc., hereinafter referred to as
"CONTRACTOR" and THE CITY OF BOYNTON BEACH, a Florida municipal
corp?ration, whose principa~ address is 100 E. Boynton Beach Blvd., Bo~ton ~each~ ~L" vv #..s ;l3J)
heremafter referred to as "CIty", NOTARf FuBUC" ft\l ,dC- r LGKu)t, ' ~
~ Cynthia C. Fechner d"";) > r tYlu<
WITNESSETH: Co~mission #DD481844 ;1.C,e-7
Exprres: OCT. 16, 2009 (!y j/-.;C!
Bonded Thru Atlantic Bonding Co., Inc..I". -
WHEREAS, CONTRACTOR is engaged in the business of the retrieval of golf "'- ;Z::./""--
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 $4.400.00 annually to the City, as follows:
50% upon signing of this Contract and the balance to be paid within the
following four (4) months. This procedure for payment shall remain in place
each subsequent year that this contract is renewed.
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 two (2) 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 reserves the right to require additional types of insurance, or to raise
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 of the administration of the 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:
(name)
(address)
(~elephone no.)
(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.
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BY
A TTESY . ,--...,. . , ~.
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City , erk . /' v
ame: N~c...."~ c~~~
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(Corporate Seal)
ATTEST:
Corporate Secretary
Print Name:
STATE OF FLORIDA )
COUNTY OF 8a.ow r\4J )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared
/l/c..I;cr/lC>- {'hc...r-~JI<-r1 , the /j(~s~t:te-r7f and
cP....-n~,. respectively of /'J1Q/Au"ci a,,/.-f;, 0;//,7(/' .
named in the foregoing agreement and that they severally acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in them by said /J?c; / Ar'J ~/r; ~e. and that the Corporate seal affixed thereto
is the true corporate seal of said Corporation.
WITNESS my hand and official seal in the County and State last aforesaid this~ 3 .".J
day of /774' r'C A ,20~
~~~~
c- . ARY PUBL C
(notary seal or stamp) ~/?#t~~e'~~4.e/'
rint or Type Name
~OTARY PUBUC-STATE OF FLORIDA
~ Cynthia C. Fechner
Commission # DD481844
Expires: OCT. 16, 2009
:,ondccl ThrJ Atlantic BondinQ Cr- , in,
The Citg ol Bognton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Dan Hager
Golf Course
FROM: Judith A. Pyle
Deputy City Clerk
DATE: December 2, 2008
SUBJECT: R08-137 - Lake Diving Contract/Nine Lakes at the Links at
Boynton Beach Golf Course
Attached for your handling is one partially executed oriainal agreement mentioned
above and a copy of the Resolution. Once the document has been fully executed,
please return the original document to the City Clerk's Office for Central File.
Thank you.
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C.>'!t'.
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Attachments (2)
c: Central File & Follow-up
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2008\Dan Hager - R08-137.doc
America's Gateway to the Gulfstream
CITY CLERK'S OFFICE
MEMORANDUM
TO: James Cherof
City Attorney
FROM: Janet M. Prainito
City Clerk
DATE: January 16, 2009
RE: Lake Diving Contract/Nine Lakes at the Links at Boynton Beach
Attached is Resolution ROB-137 and the agreement mentioned above that was approved by the City
Commission at their regular meeting held on November 18, 200B.
We were notified by the vendor that they never received the executed original for their signature. Please
review, sign and return to me for further processing. Thank you.
~trn. ~
A chments
S:\CC\WP\AFTER COMMISSION\City Attorney TransmittalsWear 2008\11-18-08 replace lost agreement
for reso 137.doc
The Citg ol BoljDtOD Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach,org
January 30, 2009
Ms. Natalie Chapman
6601 Lyons Road
Suite 02-03
Coconut Creek, FL 33073
Re: Lake Diving Contract/Nine Lakes at The Links at Boynton Beach Golf Course
Dear Ms. Chapman:
Attached for your handling is the partially executed agreement mentioned above. Once the
agreement has been signed, please return the original to the City Clerk's Office for further handling.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
'1n.~
~inito, CMC
City Clerk
Attachment
CC: Dan Hagar
Sam Reep
tis
s: \ cc \ WP\AFTER COMMISSION \ Other Transmittal Letters After Commission \2009 \ Mallard Golf Inc. . doc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Dan Hager
Golf Course
FROM: Janet M. Prainito
City Clerk
DATE: March 24, 2009
SUBJECT: ROS-137 - Lake Diving Contract/Nine Lakes at the Links at
Boynton Beach Golf Course
Attached for your information and files is a copy of the executed agreement mentioned
above and a copy of the Resolution.
Please contact me if there are any questions. Thank you.
Thank you.
~m. ~
Attachments (2)
S:\CC\WP\AFTER COMMISSION\Departmental Transmitlals\2008\Dan Hager - R08-137.doc
America's Gateway to the Gulfstream