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R98-120.¥ RESOLUTION NO. R98-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A THREE YEAR CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND NITRO/SECOND CHANCE FOR BALL RETRIEVAL.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach advertised a bid to secure a firm for ball retrieval at the Nine Lakes at the Boynton Beach Municipal Golf Course; and WHEREAS, Nitro/Second Chance was the sole responsive, responsible bidder who met all requirements and specifications to BID #066-725-98/CJD; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to enter into a three year contract with Nitro/Second Chance for the retrieval of golf balls; 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 Mayor and City Clerk to execute a three year Contract between the City of Boynton Beach and Nitro/Second Chance for the retrieval of golf balls at the Nine Lakes at the Boynton Beach Municipal Golf Course, a copy of said Contract is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ATTEST: 'Ci~' Clerk day of July, 1998. CITY OF BOYNTON BEACH, FLORIDA Mayor 'or Pro Tem  missioner Co~mmissioner CONTRACT FOR LAKE DIVING SERVICE AT BOYNTON BEACH MUNICIPAL GOLF COURSE THIS CONTRACT FOR LAKE DIVING SERVICES, signed this 8th day of JULY, 1998, effective JULY 8, 1998, by and between SECOND CHANCE/NITRO LEISURE, hereinafter referred to as CONTRACTOR 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, SECOND CHANCE/NITRO LEISURE 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 WHEREAS, the City is desirous of engaging the services of SECOND CHANCE/NITRO LEISURE 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 SECOND CHANCE/NITRO LEISURE shall be to retrieve golf balls from the nine lakes at the golf course on an exclusive basis. A copy of the scope of services is attached hereto and incorporated herein by reference as Exhibit "A". CONTRACT OUTLINED CONDITIONS. a. SECOND CHANCE/NITRO LEISURE agrees to pay $13,000.00 to the-City ($12,110 minimum) upon signing of this Contract and $13,000.00 on the anniversary ($12,110 minimum) of the signing of this contract each subsequent year. b. SECOND CHANCE/NITRO LEISURE agrees to remm to the golf course all range balls recovered from the lakes, at no charge, within two (2) weeks of retrieval. c. SECOND CHANCE/NITRO LEISURE shall pay the City $.20 per range ball turned in by the Golf Course to the successful bidder at the end of each November. d. SECOND CHANCE/NITRO LEISURE 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. No guarantee is made by the City 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. SECOND CHANCE/NITRO LEISURE agrees to sell to the City recycled grade. "A", rewashed golf balls (no X-outs, pro line only) for resale in the City's pro shop at $1.20/dozen (maximum charge $1.20/dozen) should the City wish to make such a purchase. 6; TERM. The term of the Contract shall be for a period of thirty-six (36) months fi.om the date of this agreement. CONTRACT PERIOD: JULY 8~ 1998 TO JULY 7~ 2001 This may be renewed on a yearly basis for an additional thirty-six months provided the parties consent in writing, except as follows: 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 reasonable period of time no greater than ten (10) days shall be given to correct the conditions constituting the breach; or If the conditions are not corrected within the 10 day period this AGREEMENT may be terminated for such conditions by giving thirty (30) days written notice to the other party; or c. Upon ninety (90) days written notice by either party prior-to the annual renewal date, this agreement can be terminated. DISCLAIMER. SECOND CHANCE/NITRO LEISURE agrees to defend, indemnify, and hold the City of Boynton Beach, City of Boynton Beach Municipal Golf Course, its officers, employees and agents 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 fi.om the City of Boynton Beach, City of Boynton Beach Municipal Golf Course, its officers, employees and agents 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. LIABILITY INSURANCE. SECOND CHANCE/NITRO LEISURE, during the term of this Contract, agrees to procure and maintain at its own expense, at all times, comprehensive general liability insurance relative to its business operations, pursuant to the Contract, with limits of not less than $1,000,000.00 per occurrence, $1,000,000.00 aggregate, and insurance as set forth in the Insurance Advisory Form attached hereto as Exhibit "B". Said policies shall name the City as an additional insured, and shall provide that it may not be canceled without thirty (30) days prior written notice to the City. Before commencing any work hereunder, SECOND CHANCE/NITRO LEISURE, shall file with the Risk Management Division, evidence of the required insurance by way of providing a Certificate of Insurance. WORKERS' COMPENSATION. SECOND CHANCE/NITRO LEISURE during the term of this Contract, agrees to at all times maintain statutory Workers' Compensation Insurance as described on the attached insurance advisory forrm (Exhibit B) ASSIGNABILITY. The Contract may not be assigned or transferred without the express prior approval of the City. 10. 11. 12. 13. 14. 15. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. DISPUTES. Venue for purposes of litigation arising out of the performance of this agreement shall be Palm Beach County, Florida. Further, this agreement shall be interpreted and construed pursuant to Florida Law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 ATTN: Joe Sciortino, Golf Director Notices to CONTRACTOR shall be sent to the following address: SECOND CHANCE/NITRO LEISURE 1299 S.W. BILTMORE STREET PORT ST. LUCIE, FL 34983 ATTN: PAUL KANEB SEVERABILITY. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event' rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The Parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the City and Contractor. IN WITNESS WHEREOF, the parties hereto set their hands and seals this ,1998. day of BY /-', Mayor // CITY OF BOYNTON B~ACH Attest: ~' City Clerk CONTRACTOR Signed and Witnessed in the presence of.' BY: President or Vice President CONTRACT FOR LAKE DIVING SERVICE AT.BOYNTON BEACH MUNICIPAL GOLF COURSE THIS CONTRACT-FOR LAKE DIVING SERVICES, signed this 6th day of JULY, 1998, effective J UN E 15,_ 1998, by and between NITRO/SECOND CHANCE, hereinafter referred to as CONTRACTOR and T~E CITY OF BOYNTON BEACH a Flodda municipal corporation whose principal address is 100 E. Boynton Beach Blvd., Boynton Beach, FL, hereinafter referred to as "City", WITNESSETH: WHEREAS, NITRO/SECOND CHANCE 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 WHEREAS, THE City is desirous of engaging the services of NITRO/SECOND CHANCE 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 NITRO/SECOND CHANCE shall be to retdeve golf balls from the nine lakes at the golf course on an exclusive basis. A copy of the scope of services is attached hereto and incorporated herein by reference as Exhibit "A". CONTRACT OUTLINED CONDITIONS. a. NITRO/SECOND CHANCE agrees to pay $13~000.00 to the City ($12,110 minimum) upon signing of this Contract and $13,000.00 on the anniversary ($12,110 minimum) of the signing of this contract each subsequent year. b. NITRO/SECOND CHANCE agrees to retum to the golf course all range balls recovered from the lakes, at no charge, within two (2) weeks of retrieval. c. NITRO/SECOND CHANCE shall pay the City $.20 per range ball tumed in by the Golf Course to the successful bidder at the end of each November. d. NITRO/SECOND CHANCE agrees to notify the golf course superintendent at least two (2) days in advance of ardval to get approval for the use of a golf utility vehicle. No guarantee is made by the City 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. NITRO/SECOND CHANCE agrees to sell to the City recycled grade "A", rewashed golf balls (no X-outs, pro line only) for resale in the City's pro shop at $1.201dozen (maximum charge $1.20/dozen) should the City wish to make such a purchase. TE RM. The term of the Contract shall be for a pedod of thirty-six (36) months from the date of this agreement. This may be renewed on a yearly basis for an additional thirty- six months provided the parties consent in wdting, except as follows: 4. 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 reasonable period of time no greater than ten (10) days shall be given to correct the conditions const tdting the breach or If the conditions are not corrected within the 10 day period this AGREEMENT may be terminated for such conditions by giving thirty (30) days wdtten notice to the other party; or c. Upon ninety (90) days written notice by either party prior to the annual renewal date this agreement can be terminated. DISCLAIMER. NITROJSECOND CHANCE agrees to defend, indemnify, and hold the City of Boynton Beach, City.of Boynton Beach Municipal Golf Course, its officers, employees and agents 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, City of Boynton Beach Municipal Golf Course, its officers, employees and agents 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. LIABILITY INSURANCE. , during the term of this Contract, agrees to procure and maintain at its own expense, at all times, comprehensive general liability insurance relative to its business operations, pursuant to the Contract, with limits of not less than ,$1,000,000.00 per occurrence, $1,000,000.00 aggregate, and insurance as set forth in the Insurance Advisory Form attached hereto as Exhibit "B". Said policies shall name the City as an additional insured, and shall provide, that it may not be canceled without thirty (30) days pdor written notice to the City. Before commencing any work hereunder, .NITROISECOND CHANCE, shall file with the Risk Management Division, evidence of the required insurance by way of providing a Certificate of Insurance. 7. WOR described on the advisory form ASSIGNABILITY. The Contract may not be assigned or transferred without the express pdor approval of the City. DISCRIMINATION PROHIBITED. The Contractor, with regard .to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national' origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 10. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this agreement without the express wdtten consent of the City. IN WITNESS WHEREOF, the parties hereto set their hands and seals this ,1998. BY Mayor CITY OF BOYNTON BEACH day of Approved as to form by: Attest: City Attorney City Clerk CONTRACTOR Signed and Witnessed in the presence of: BY: President or Vice President