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
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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.
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NOTARY PUBLIC
(notary seal or stamp)
0) MERLE VERIN
. MY COMMISSION" DO 125912
EXPIRES: July 10. 200CS
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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.
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NOTARY PUBLIC
(notary seal or stamp)
h -R//tZ (d2/y~
Print or Type Name
DNT:dnt
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MY COMMISSION # DO 125912
EXPIRES: July 10, 2006
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