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R94-71RESOLUTION NO. R94-~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID TO INTERNATIONAL GOLF, INC., IN THE AMOUNT OF $12,110.00 FOR GOLF COURSE BALL RETRIEVAL; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH INTERNATIONAL GOLF, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were received for Ball Retrieval/Nine Lakes at Municipal Golf Course, (Bid No. 029-725-94/CJD) ; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to award the bid to International Golf, Inc., in the amount of $12,100.00; 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, hereby approves the award of a bid for the ball retrieval at the Municipal Golf Course to International Golf, Inc., and authorizes and directs the Mayor and City Clerk execute a Contract between the City of Boynton Beach and International Golf, Inc., a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this /~ day of April, 1994. ~~~CITY OF BOYNTON BEA~CH, FLORIDA Commissiohe~ ~ ATTEST: ~Cit~ Clerk (Corporate Seal Commissioner Authsig.doc Ball.Ret 4/14/94 CONTP, AC~ FOR B~T,T, RETRIEVAL SERVICES THIS CONTRACT FOR BALL RETRIEVAL SERVICES, signed this /8 day of /'~ , 1994, effective , 1994, by and between INTERNATIONAL GOLF, INC. hereinafter referred to as INTERNATIONAL GOLF, INC., 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, INTERNATIONAL GO~F, INC. 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 the City is desirous of engaging the services of for the purposes set forth herein. 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 INTERNATIONAL GOLF, ~NC. shall be to retrieve golf balls from the nine lakes at the golf course. 2. CONTP~CT OUTLINED CONDITIONS. a)INTERNATIONAL GOLF, INC. agrees to pay $12,110.00 to the City upon signing of this Contract and $12,110.00 on the first anniversary of the signing of this contract. b) INTERNATIONAL GOLFr INC. agrees to return all range balls recovered from the lake's, at no charge, within two (2) weeks of retrieval. c)INTERNATIONAL GOLF, INC. will be required to pay the City $.20 per range ball turned in at the end of each November or trade one (1) new Spalding Range ball for every two (2) used balls turned in at the end of each November. d)INTERNATIONAL GOLF, INC. agrees to notify the golf course superintendent at least two (2) days in advance of arrival to get approval for use of a golf utility vehicle. e)INTERNATIONAL GOLF, INC. agrees to sell to the City recycled grade "A" rewash balls (no X-outs, pro line balls only) for resale in the City's pro shop at $1.20/dozen. 3. TERM. The term of the Contract shall be for a period of twenty-four (24) months from the date of this agreement. This contract shall be self-renewing year by year except as follows: b) c) 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 sufficient period of time shall be given to correct the conditions· If the conditions are not corrected within a reasonable period of time, then this AGREEMENT may be terminated for such conditions by giving thirty (30) days written notice. Upon ninety (90) days written notice by either party prior to the annual renewal date, this agreement can be terminated. DiSCLAIMER.INTERNATIONAL gOLF, INC. agrees to defend, indemnify, and hold the City of Boynton Beach and the City of Boynton Beach Municipal 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 City of Boynton Beach Municipal Golf Course by reason of any damage to property or i~jury, including ~eath, sustained by any person:whomsoever and which damage, injury Or death a~i~es out of, is incident to, or in an~ way connected'with the performance of the Contract. LIABILITY iNSURANCe. INTeRNATIONAL GOLF, INC., during the term of th~s C~ntract, agrees to procure and maintain at its own expense, at all times, comprehensive ~aneral liability insurance relative to its business o~e~ati~nsi pursuant to this Contract, with limits of not less than $I00,000.00 per occurrence, $3~0Q,005-00 aggregate. Said policy shall name the City as an additional insured, and shall provide that it may h0tl be cancelled without thirty i30) days prior written notice to City. Before commencing ~ny w?~k he~e~der, INTERNA~_IONAL GOLF, INC. sh~ll file wi~h the ~lsk Managemen5 Division, evidence of the requi~ed insurance by way of providing a Certificate!of Inslu~ance. WORKERS COMPENS~TIO~INTERNATIONAL GOLF, INC., during the term of this Contra:ct, agrees to at all times maintain statutory Workers Compensation Insurance. REPRESENTATIVE OF ¢IT¥. The City hereby agrees to designate the City Manager or his assigned representative for.purposes of the administration of the Contract. 9. ASSIGNABILITY. The Contract may not be assigned or transferred without the express prior approval of the City. IN WITNESS WHEREOF, the parties hereto set their hands and seals this /~ day of /~ ., 1994. CITY OF BOYN~ BEACH, FLORIDA CONTRACTOR INTERNATIONAL GOLF, INC. Signed, Sealed and Witnessed in the presence of: Prssident Attest as fb Contractor