Loading...
R03-019 II RESOLUTION NO. R03-01Q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND BIRDIE GOLF BALL COMPANY, INC., FOR LAKE DIVING SERVICE AT THE LINKS AT BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach solicited bids for the retrieval of golf balls from the nine lakes at the Links at Boynton Beach; and WHEREAS, Birdie Golf Ball Company was the lowest and most responsive bidder to meet requirements; and WHEREAS, this contract will allow The Links of Boynton Beach to generate $3,0000 annually; to provide a market to dispose of used range balls; to provide recycled grade "A" balls at $1.00 per dozen for resale in the Pro Shop; and allow for retrieving any range balls that are hit into the lake; 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 City Manager to execute a contract between the City of Boynton Beach and Birdie Golf Ball Company, for the for lake diving service at The Links at Boynton Beach, a copy of said Contract is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon passage. S:ICAIRESOlAgreementslGolf Ball Retrieval - Birdie Golf Ball Company.doc II PASSED AND ADOPTED this ~ day of February, 2003. .. F. Vice Mayor ATTEST: Commissioner ~ S:\CAIRESOlAgreementsIGolf Ball Retrieval - Birdie Golf Ball Company.doc ~03-0 1'1 dF'~~"-' LAKE DIVING CONTRACTININE LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE THIS CONTRACT FOR LAKE DIVING SERVICES, signed this ~ day of Febfuo..r'i ' 2003, by and between BIRDIE GOLF BALL COMPANY, INC., hereinafter referred to as "Birdie Golf' 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, Birdie Golf 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 Birdie Golf 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 Birdie Golf shall be to retrieve golf balls from the nine lakes at the golf course on an exclusive basis. 2. CONTRACT OUTLINED CONDITIONS. a. Birdie Golf agrees to pay $3,000.00 annually to the City, $1,500.00 upon signing of this Contract and $1,500.00 on August 15, 2003, with subsequent payments of $1,500.00 every six months thereafter upon signing of this contract each subsequent year. b. Birdie Golf agrees to return to the golf course all range balls recovered from the lakes, at no charge, within two (2) weeks of retrieval. c. Birdie Golf will be required to pay the City $.10 per range ball turned in by the Golf Course to Birdie Golf each February 15th and August 15th. d. Birdie Golf 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. e. Birdie Golf agrees to sell to the City recycled grade "A", pro line rewashed golf balls for resale in the City's pro shop at $1.00/dozen. 3. TERM. The term of this Agreement shall be for a period of thirty-six (36) months from February 15,2003, unless terminated pursuant to the terms of this Agreement. Prior to the expiration of the initial term, the parties may agree to renew this Agreement in writing, on an annual basis. 4. TERMINATION. provISIOns: This Agreement may be terminated pursuant to the following 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. Birdie Golf 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 b e asserted, claimed 0 r recovered against 0 r from the City 0 f 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 Birdie Golf to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance during the duration of this contract. b. Birdie Golf 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; $1,000,000 per occurrencelaggregate for property damage; and, professional liability insurance in the amount of$l,OOO,OOO (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. 2 ATTACHMENT A City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Garage Liability Any Auto Garage Keepers Liability Excess Liability Umbrella Form Worker's Compensation Employer's Liability Property Homeowners Revocable Permit Builder's Risk Other - As Risk Identified I NSURANCEADVISORYFORM04 MINIMUM LIMITS REQUIRED General Aggregate Products-Com plOp Agg. Personal & Adv. Injury Each Occurrence Fire Damage (anyone fire) Med. Expense (anyone person) $ 1,000.000.00 $ 1,000.000.00 $ 1,000,000.00 $ 1.000,000.00 $ 50,000.00 $ 5,000.00 Combined Single Limit Bodily Injury (per person) Bodily Injury (per accident) Property Damage Trailer Interchange $ 500,000.00 to be determined to be determined to be determined $ 50,000.00 Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $ 1,000,000.00 $ 100,000.00 $ 1,000,000.00 $ 1,000,000.00 Each Occurrence Aggregate to be determined to be determined Statutory Limits Each Accident Disease, Policy Limit Disease Each Employee $ 100,000.00 $ 500.000.00 $ 100.000.00 $ 300,000.00 Limits based on Project Cost to be determined Revised 10/2001 5 d. Birdie Golf shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. e. Birdie Golf 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 AM. Best's Key Rating Guide, latest edition. f. Reference Insurance Advisory Form (Attachment A) for additional types of insurance and limits required. 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. REPRESENTATIVE OF BIRDIE GOLF. Birdie Golf, for purposes of administration of this Agreement, agrees to designate the following individual, address, and telephone number as the assigned representative for Birdie Golf: (name) ! l ~ (address) '- 0 UJ, (telephone 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 either the state or federal courts 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. BY Approved as to form by: ~~ City Attorney 3 CONTRACTOR (Corporate Seal) ATTEST: Y2 L~,~tL~ Corporate Secretar P iJ/f:. Print Name: PI} L €. U CQ... STATE OF FLORIDA ) COUNTY OF fO,<{6lV /1R D ) 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 fJl}-r r/l./60;i1",~ f)I1L e. UP/J//C,,<- the PjQ...e:;./OeUC;pd CO~()fl,~{- ~'S.Il(LA.lrlespectively of /!JIM/v<. (PO (J) /!;/Jt.-c... (ljl'f I'b-N~.J.J~ in the foregoing agreement and that they severally acknowledged executing the same in the pres~ of two s~~tnesse~eelY and voluntarily under anthority duly vested in them by said ~ e.. ~~me 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 -.n day of F~lZU rr^-''-1 , 2003. ')yJ,~ f./~ NOTARY PUBLIC (notary seal or stamp) 0) MERLE VERIN . MY COMMISSION" DO 125912 EXPIRES: July 10. 200CS l-<<JO.$NOTARY Fl Notary Service & Bcncing. Inc. H-er/~ JI(J/,/^-~ Print or Type Name . /, -. DR-.fi)/j- P~/()./1/,-S tfl9 r r,e 1$ N /T F'-.J - ?,-. ~S e /V ~ (/ r (".. -- '-- (} 77 c; ~ F (p 3~ (p ';<u I{ VI LfD ".-:5 / ,tJ~AJ 1/ ;- /?h ^-- e - r-~ ~...i/V/eo P-CC/~/j)/J- ~~( v.1L~ 3 /;)~(..'-€... U PiJl/<' /' 4 /'J ~ I LJ~/\J// rl a ?J- /'--;r C/~ ' #- 0L. .., ROj- 0/'1 Attachment B INDEMNIFICATION FORM FOR THE LAKE DIVING/NINE LAKES AT THE LINKS AT BOYNTON BEACH 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 City of Boynton Beach Municipal 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. ~~_ 1IVJlJR-' Authorized Signature, D A (E UpOtk(- Please Print Name STATE OF FLORIDA lIOn) COUNTY OF ~/'O W)j ""/ ) 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 j)t}U2. U /' # / K...iL , the & ,;, ei.. Cl '" and O~f\~("" respectively or:n"cL-e C~~ \ ^ 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 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 X day of t7 MOb , 2003. -ryJ~ ~ NOTARY PUBLIC (notary seal or stamp) h -R//tZ (d2/y~ Print or Type Name DNT:dnt S:\CA\DavidT\Jake diving contract 2003.doc .,#//M/C-t7/ j'!/~ e&f!4/'/~ -(! Of .e/"'S pL /e~-'L-scJO" 9.r: ;~:2 17~ sl ~'~3 0 ~ MERLE VERIN MY COMMISSION # DO 125912 EXPIRES: July 10, 2006 l.ooo.3-NOTAAY FL NoWy SeMce & Bonding, Inc. /9-S /iJe /1I77h'tJ~ft---