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R02-174RESOLUTION R02- !'t t4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY BEACH AND PROFESSIONAL CORPORATION OF FLORIDA, MAINTENANCE OF 97 GOLF PROVIDING AN EFFECTIVE DATE. OF BOYNTON GOLF CAR FOR THE CARS, AND WHEREAS, Professional Golf Car is the sole service provider for warranty ~ervice for Club Car in this region; and WHEREAS, this agreement ensures that each car will be inspected monthly to insure proper function of the acceleration, braking, steering, handling systems and safety systems; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Maintenance Agreement between the City of Boynton Beach and Professional Golf Car Corporation of a copy of which Agreement is attached hereto. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this I ~' day of October, 2002. )~,greements\Maintenance Agreement Professional Golf Car.doc ATTEST: ,. --', · . ] ~_~Clerk ~ .O~ .... u .... CITY CBOYNTO~ B,r~,ACH, F ~LORIDA Vice Ma~ /~ommissioner Commissioner ~:\CA\RESO~Agreements\Maintenance Agreement Professional Golf Car.doc Sep 23 02 02=56p Cit~ oF Bo~n~on Beach GOLF CART MAINTENANCE AGREEMENT THIS IS AGREEMENT dated this I~ day of between: 966-1700 ,2002, made by and PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA 5385 Lake Worth Road Cn'eenacres, Florida 33463 (hereinafter referred to as "PGCC") THE CITY OF BOYNTON BEACH, FLORIDA 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinax~er referred to as "CITY") NOW, TI~REFORE, IN CONSIDERATION of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, P(3CC ~nd CITY agree as follows: 1.0 PURPOSE. Pursuant to the terms and conditions of this Agreement, PGCC agrees to inspect twenty-five (25) of the CITY% golf carts which are located at the CITY's golf course on a weekly basis. In addition, PGCC agrees to repair inoperable golf carts, and CITY agrees to pay for the repast of the golf carts subject to thc terms and cond/tions of this Agreement. 2.0 TERM. The Agreement is for a term of one year, from November 10, 2002 until November 9, 2003 (hereinatter referred to as the "Term"). The parties may agree to renew the Agreement on an annual basis by executing a ~itten amendment to this Agreement. 3.0 PGCC RESPONSIBILITIES. PGCC hereby' agrees to perform or cause to be performed the following service to the golf carts: 3.1 PGCC shall inspect golf carts for proper operation, including, but not limited to golf cart acceleration, braking, handling, reverse buzzers, and steering. 3.2 3.3 PGCC shall perform recommended lubrication of the golf carts as required. PGCC shall inspect the golf cart batter3' water level and tire pressure. PGCC shall advise CITY of battery water level in order for CITY to fill battery with water. PGCC shall adjust tire pressure as necessary. 3.4 PGCC shall inspect the golf carts in order to determine if the proper cables and wires are in good condition and operating properly, and shall also inspect the Sep 23 02 02:57p Cit~ ~ Bo~nton Be$ch (S61! 966-1700 p.3 4.0 5.0 6.0 instructional decals are in place. PGCC shall replace any missing or damaged instructional decals. 3.5 POCC shall inspect the golfcar~ chargers to insure that they turn on pmperly. CITY RESPONSIBILITIES. CITY hereby agrees to perform or cause to be perform the following: 4.1 Fill golf cart batteries with water pursuant to the advice provided by PGCC. 4.2 Inform PGCC if the golf cart chargers do not shut off. 4.3 In order to schedule a service call for a can, the CITY shall call PGCC to schedule the service call. PAYMENTS. CITY agrees to pay to PCrCC, the following fees in consideration of PGCC's services pursuant to this Agreement: 5.1 Inspection of golt' carts at the rate of $7.50 per golf cart per month. (Example: If POCC inspects 80 golf carts during the month, the CITY will pay $600.00) 5.2 Battery installation (6¥) at the rate of $280.00 per set, or $52.00 per battery not installed. 5.3 Battery installation (8V) at the rate of $408.00 per set, or $68.00 per battery not installed. " 5.4 Repairs to golf carts shall be performed at the rate of $44.00 per hour plus the cost of the parts that are not covered by warranty. P(3CC shall not charge CITY a separate fee for a service call. The cost of parts required to repair any and all damages caused by accident, negligence, or improper use of said golf cars on the part of the CITY, or its agents or licensees or by individual operators sub-renting from CITY shall be invoiced to CITY at the normal prevailing rate charged by PGCC. INSURANCE. PGCC shall not commence work under this comract urrtit it has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the CITY nor shall the PC-CC allow any Subcontractor to commence work on its sub-contract until all similar such insurance required of the subcontractor has been obtained and approved. 6.1 Certificates of insurance, reflecting evidence of the required imumnce, shall be filed wi~h the Risk Manager prior to the commencement of the work. The~e Certi.fica~es shall contain a provision that coverages afforded under these policies will not be canceled 'until at least thirty days (30) prior written notice has been -2- Se~ 23 02 02:57p O~t~ o~ ~o~nton ~each (561) 966-]?00 ~.~ 6.2 6.3 6.4 6.5 given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide", published by A.M. Best Guide. Insurance shall be in force until all work required to be performed under the terms of the Agreement is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided iadicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the PGCC shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. PGCC shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. Comprehensive Oeneral Liability insurance to cover liabilky bodily injury and property damage. Exposures to be covered are: premises, operations, produetffcompleted operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: Bodily Injury 1. Each Occurrence $1,000,000 2. Annual Aggregate 1,000,000 Bo Property Damage 1. Each Occurrence 1,000,000 2. Annual Aggregate 1,000,000 C. Personal Injury Annual Aggregate 1,000,000 Do Completed Operations and Products Liability shall be maintained for two (2) years after the final payment. Property Damage Liability Insurance shalI include Coverage for the following hazards: X - explosion, C - Collapse, U - underground. Workers Compensation insurance shall be maintained during the life of this contract to comply with statutory limits for ali employees, and in the case any work ~s sublet, PGCC shall require the Subcontractor to provide Workers Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by PGCC. PGCC and its Subcontractors shall maintain during the life of this policy Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation Statutory -3- ~Se~, 23 02 02:58p Cit~ o? Bo~nton Beech (S61~ 9SB-1700 p.S 7.0 8.0 9.0 B. Employer's Liability $ 500,000 per occurrence 6.6 Comprehensive Auto Liability Bodily Injury 1. Each Occlirrcnce 2. Annual Aggregate $1,000,000 1,000,000 Property Damage 1. Each Occurrence 2. Annual Aggregate 1,000,000 1,000,000 Coverage shall include owned, hired, and non-owned vehicles. 6,7 PGCC shall indemnify and save harmless the CITY, its elected officials, officers and employees from and against any and all cia/ms, demands, or causes of action of whatsoever kind or nature arising out of, in cormcction with the performance of its obligmions pursuant to this Agreement. POCC agrees that that they shall pay all claims, losses, liens, settlements or judgmcnts of any nature in connection with any injury resuking from the performance of its obligations pursuant to riffs Agreement, including but not limited to reasonable attorney's fees costs, including paraiegal expenses, at both the trial and appellate levels, to defend any and all claims or suits in the name of the CITY when applicable. PGCC agrees to defend all actions in the name of the CITY provided, however, that the CITY reserves thc right to select its own legal counsel to conduct any defense in any such proceeding. All costs and fees associmed therewith shall be thc, responsibility of PGCC pursuant to this indemnification. 6.8 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. TAXES. PGCC shall he responsible and agrees to collect and remit all sales, use, property or other taxes imposed by state, federal or local authorities arising out of this Agreement. PUBLIC ENTITLES CRIME ACT. As required by Florida law, PGCC shall execute that document attached hereto as Exhibit "A" at or prior to commencement of this Agreement verifying that PGCC has not been convicted of a public entities crime as provided in §287.133, Florida Statutes. DEFAULT. Upon the failure of PGCC or CITY to perform any of thc terrm and conditions of this Agreement, the party not at fault shall have the rights to cancel this Agreement, by giving thirty (30) days' written notice to the party at fault, specifying therein the reason therefore, and if the party at fault has not cured the fault within thirty (30) days, then this Agreement shall be terminated. A/1 moneys due and owing at the time of such ~ermination shall become effective will be paid by the CITY. -4- Se,p, 23 02 03:00p Cit~ o? Bo~nton Beach (S61) 96B-1700 p.6 10.0 11.0 12.0 13.0 ~. Neither party shall have the right to assign the Agreement without the prior written consent of the other party, which cement shall not be unreasonably wkhheld. PRIOR AGREEMENTS. This .agreement contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreements or understandings pertaining to any such matters shall be effective for any' purpose. Ne provision of this Agreement may be mended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. This Agreemem shall not be effective or binding on any party until fully executed by other parties hereto. CHOICE OF LAW. This Agreemem shall be governed by the laws of the State of Florida. In any proceeding brought relative to the terms or provisions of this Agreement, venue shah be in Palm Beach County, Florida. NOTICES. Any notices under this Agreement shall be given in writing by mailing the same by United States mail, postage prepaid, certified or registered mail, return receiFt requested, or by hand delivering the same by professional courier, addressed to PC-CC or CITY, as the case may be, at the respective addresses set out opposite their names below, or at such other address as they may hereafter specify' by written notice delivered in accordance herewith: CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Telephone No. (954) 431-4884 Facsimile No. (954) 437-1149 WITH COPY TO: James Cherof, City Attorney 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Telephone No. (561) 742-6050 Facsimile No. (561) 742-6054 POCC: Professional Golf Car Corporation o f Florida 5385 Lake Worth Road Greermcres, FL 33463 Telephone No. (561) 433-2500 -5- Smp 23 02 03:01p Cit~ o~ Bo~nt~n Bemch (561} 966-1700 ~.? IN WITNESS OF TIlE FOREGOING, the parties have set their hands and seals the day and year first written above. (CORPORATE SEAL) PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly_ amhorized....by law to administer oaths and take acknowledgments, pea'sonally appeared -~r[~ ~T. O~>lan.5/~r~ as ~~ , of PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA an organization authorized to do business in the State of Floridix, and acknowledged executed the foregoing Agreement as the proper official of PROFESSIONAL GOLF CAR CORPORATION OF FLORIDA for the use and purposes mentioned in it and affixed the off:~ial seal &the corporation, and that the instmmeat is the act and deed of that corporation.~y/she is personally known to me or has produced ~5:r/.~ ifg& as identification. IN WITNESS OF THE FO .REGOING, I have .,set my, hand and official seal at in the State and County aforesaid on thi$ c:,~ day of~ ,2002. AT · "'-...192.0/ i.': ........... rlI!tlIiitlitB\\\\\x -6- CITY OF BOYNTON BEACH, FLORIDA By: ~anager S~p.23 02 03:02p Citu o? Bo~nton Beach (561l 966-1700 p.B Approved as to Form: City Atto°m~ ~ DNT :dnt I-1:\1 ~0\900 I82,B~\AGMI"~GOLF CART MAINTENANCE AGREEMENT.doo Ca~ngreement~'Gol£Course/G oil Cart Maia~e~ean~ -7- Ja[e: lUll IIUZ 11 :J4 AM SendeCs Fax ID: ACORO. CERTIFICATE OF LIABILIT INSURANCE CSR PG Page I of I O ATE fM/~DD~YYYy) 10/1'7/02 PRODUCER Slaton Insurance Box 385T : Palm Beach FL 33402 · e: 561-683-8383 Fax: 561-684-5995 P=ofessional Golf Car Corporation of Florida 5385 Lake Worth Road Greenacres FL 33463 THB CER~FICATEISISSUED AS A MATTER OFINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER~FICATEDOES NOT AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED BYTHEPOL~IES BELOW. INSURERS AFFORDING COVERAGE Maryland Casualty COVERAGES NAIC # 03450 THE POLICES OF INSURANCE Li'-¥~u BELOW HAVE ~-~N ISSUED TO THE INSUr~ED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDI'rlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTNN. THE INSURANCE AFFORDED BY THE POMClES DESCRJBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED Ry PAJD CLAIMS. LTR TYPE OF IN~JNANCE POLIC:Y NUM~EN DATE ~ -'~-IYY} DAT~ [MM~D~Yy} UM/T8 i ~c, occu~cE * 1,000,000 I CL~,~S ~0E I X [ occu~ [ f~IED EXP (Any one ~erso~l $ 10 ~ 000 1 Ben~flts i PEPSO~L&ADVINJU~, $ 000 000, . I ~e~^L ~C-^T~ S 2, O00, 000 i GEN'LAGG~EGATELJ~'FAPPM~$P~ i P~ODUCTS- CC.~.~/OF AGG $ 2 # 0001000 ¢o~c',, :ECT LOC i l~n~ Ben~. it 000,000 ~ · ~^um ~PS3542'TB15 08/29/02 0~/29/03 (~=a==,=,n~ ~ 1,000,000 ~iXCES$,IJMBRELLAUAB/UTY i EACH OCCU~E~CE $ 3000000 B !XI occu, I i c~ ~--BU2129449 08/29/02 08/29/03 ~C.~,~'~E ; 3000000 A Property SectAon PPS35427815 08/29/02 08/29/03 Blanket 845,000 CERTIFICATE HOLDER IS INCLDDED AS ADDITIONAL I~s[rRED AS RESPECTS TO GENERAL LIABIT.IT]~ CANCI=I i ATION CIT~BOY City of Boynton Beach 100 E. Bo~nton Beach Blvd. Bolrnton Beach FL 33425 ACORD 25 (2001108) ~ ~/~,,',,4,~ ~ ©ACORD CORPORATION 19!