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R92-21RESOLUTION NO. R92~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR GOLF BALL RETRIEVAL TO TREASURE COAST GOLF; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND TREASURE COAST GOLF; AND PROVIDING AN EFFECTIVE DATE. of the City of Boynton and the recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to award the bid for the retrieval of golf balls at the Municipal Golf Course to Treasure Coast Golf. NOW, THEREFORE, BE IT RESOLVED BY ~TH~ CITY COMMISSION O~ THE CITY OF BO~NTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of 1Boynt~ Florida, hereby awards the bid for the tretrieval of golf balls at the Municipal Golf Course to Treasure Coast Golf. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute a Contract between the City of Boynton Beach and Treasure Coast Golf, which Contract is attached hereto as Exhibit "A". Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of February, 1992. ATTEST: (Corporate Se~l) CITY OF BOYNTON BEACH, FLORIDA ~ayor Vice Mayor' C~.~3aissioner Ball_~Re~t 01/30/92 tIl e City o? Boynton Beach lO0 E. Boynton Beach Botdc~ar~l P.o. Box310 '$oynton Beazh. Florida 33425-0310 City J~dI: 1407) 734-8111 F:A¥: ~ 407! 738.7459 February 11, 1992 John Vandasle Treasure Coast Golf Ce. 1299 SW Biltmore Stree5 Port St. Lucie, FL 34983 RE: Resolution #R92-21 Dear Mr. Vanda~le: Cent ~ac~ Attached please find the contract for ball retrieval ser~ vices which is part of Resolution #R92-21 which was approved a~ the City Commission meeting on February 4, 1992. Please sign where indicated on the third page and when completely executed please return the original contract to the City Clerk's office to be placed in Central Files. If you have any questions pertaining to this, please do no~ hesitate to contact this office. Very truly yours, CITY OF BOYNTON BEACH mas Attachmen5 c: Joe Scior~ino, Golf Sue Kruse, City Clerk Course Director Americas Gatc;v~y to thc CONTRACT FOR BALL RETRIEVAL SERVICES THIS CONTRACT made and executed this day of , 1992, by and between TREASURE COAST GOLF, a Florida corporation, whose principal address is 1299 Biltmore Street, Port St. Lucie, Florida, hereinafter referred to as "Treasure Coast", 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, Treasure Coast 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 Treasure Coast for the purposes set forth herein. NOW, THEREFORE, covenants and promises valuable consideration, in consideration of the mutual herein contained, and other good and the parties agree as follows: 1. COVENANTS. following services: Treasure Coast shall perform the a) Retrieve golf balls from the eight (8) lakes at the Municipal Golf Course b) Treasure Coast agrees to pay $7,200 to the City upon signing of this Contract and $7,200 on the first anniversary of the signing of this contract. c) Treasure Coast agrees to return all range balls recovered from the lakes, at no charge, within two (2) weeks of retrieval. d) In November of each year of this Contract Treasure Coast agrees to accept all City range balls and to: i) pay the City $.20 for each range ball, or ii) provide the City with one (1) new Spalding Range ball for every two (2) used balls turned in at the end of each November. e) The City agrees to provide Treasure Coast with a golf utility vehicle for use on all days that Treasure Coast is engaged in ball retrieval work. Treasure Coast 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. No vehicle or equipment shall be brought onto the golf course by Treasure Coast without prior consent of the City. f) Treasure Coast 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 $2.75 per dozen. 2. 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: 3. TERMINATION. Either party may terminate this Contract upon thirty (30) days written notice provided: 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 twenty (20) days shall be given to correct the conditions. b) If the conditions are not corrected within the twenty (20) days, then this Agreement may be terminated for such conditions by giving ten (10) days written notice. c) Upon ninety (90) days written notice by either party prior to the annual renewal date, this Agreement can be terminated. 4. DISCLAIMER. Treasure Coast 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, expenses, 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 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. 5. LIABILITY INSURANCE. Treasure Coast, during the term of this Contract, agrees to procure and maintain at its own expense, at all times, comprehensive general liability insurance with limits of not less than $100,000.00 per occurrence, $300,000.00 aggregate. Said policy shall name the City as an additional insured, and shall provide that it may not be cancelled without thirty (30) days prior written notice to City. Before commencing any work hereunder, Treasure Coast shall file with the Director of Administration, Risk Management Division, evidence of the required insurance by way of providing a Certificate of Insurance. 6. WORKERS COMPENSATION. Treasure Coast, during the term of this contract, agrees to maintain statutory Workers Compensation Insurance at all times. 7. REPRESENTATIVE OF CITY. The City hereby agrees to designate the City Manager or his assigned representative for purposes of the administration of this Contract. 8. ASSIGNABILITY. or transferred without the Wit~ess ~ ~ The Contract may not be assigned express prior approval of the CITY OF BOYNTON BEACH, FLORIDA Arline Weiner, Mayor ATTEST: SuSanne Kru~e~ City Clerk Witness Witness TREASURE COAST GOLF BY: President ATTEST: Secretary Appro~ C~ity~t{~r~ to form: