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R91-012RESOLUTION NO. R91-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN CONTRACT FOR BALL RETRIEVAL SERVICES BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND BIRDIE GOLF BALL COMPANY; a COPY OF SAID CONTRACT BEZNG ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been deemed by the City Commission of ~he City of Boynton Beach, Florida to be in the best interests of the citizens and residents of said City to ~nter into a Contract between the City of Boynton Beach and ~irdie Golf Ball Company, for retrieval of golf balls from ~he eight lakes at the golf course as specifically set out in the attached Contract. NOW, THEREFORE, BE IT RESOLVED BY T~ CITY COMMISSION F THE CITY OF BOYNTON BEACH, FLORIDA THAT. ~ Section 1. The Mayor and City Clerk are hereby I~uthori~ ~ directed to execute a certain Contract 9etween the City of Boynton Beach, Florida and Birdie Golf Ball Company, said Contract being attached hereto as Exhibit Section 2. This Resolution immediately upon passage. PASSED AND ADOPTED this shall take effect 1991. BOYNTON BEACH, FLORIDA Mayor ~Vic~ Mayor ~1 o~n~er .TTEST: commissioner c o {~i s s i on~r Cit~ Clerk ~ ~ ~ CONTRACT FOR BALL RETRIEVAL SERVICES THIS CONTRACT FOR BALL RETRIEVAL SERVICES, signed this /~ day of ~/~ 199~ effective December 31, 1990, by and between BIRDIE GOLF BALL COMPANY, a Florida corporation, whose principal address is 191 N. State Road 7, Mar~ate, FL hereinafter referred to as "Birdie", 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" 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 "Birdie" for the purposes set forth herein. NQW,~THERE~ORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the parties agree as follows: I. S~©PE. The general scope of services to be performed by "Birdie" shall be to retrieve golf balls from the eight lakes at the golf course. 2. C~TRACT OUTLINED CONDITIONS. "Birdie? agrees to pay $/,200.00 to the City, in the form of a Cashier's Check upon signing of this Contract. b) "Birdie" agrees to return all range balls recovere~ from the lake, at no charge, within two (2) weeks of retrieval. c) "Birdie" agrees to trade in one (1) new Spalding Super Range Ball for every two (2) used ran~e~balls turned in by the City at the end of the contract year or pay the City $.25 per ball turned in at the end of the contract year. d) "Birdie" agrees to notify the golf course ~endent at least two (2) days in advance of arrival to get approval for use of a golf utility vehicle. 3. TERM. T~e term of the Contract shall be for a period of tw--~-~e (1~] months, beginning December 31, 1990. This Contract shall be self-renewing year by year except as follows: TERMINATION. a) If conditions are pre either party to be ca notice shall be provi sufficient period of the conditions. b) If the conditions are reasonable period of be terminated for suc (30) days written not c) Upon ninety (90) days prior to the annual ~ be terminated. DISCLAIMER. "Birdie" agrees to defend City of Boynton Beach and Municipal Golf Course haI suit, loss, cost, expense attorneyS' fees, or any claimed or recovered aga~ Beach or the City of Boyr by reason of damage by any damage or in wa~ Contract. LIABILITY INSURANCE. "Birdie?, du~ing the ter to pr0cu~e and maintain gen~ business Contract, with limits of occurrence, $300,000.00 name ~h~ City as an addit provide that~~ i~ ma~ not ~ days ~rior written notic~ Before commencing any wo~ shall file with the Dire¢ the required insurance b5 of Insurance. 7. WORKERS COMPENSATION. "Bird~ef', during the tern to at'aT1 times maintain Insurance. 8. REPRESENTATIVE OF CITY. The Cit~ hereby agrees t¢ his a~s~gned representatJ administration of the Cot sent which are considered by use for termination, written ded to the other party, and a time shall be given to correct not corrected within a time, then this agreement may h conditions by giving thirty ice. written notice by either party enewal date, this agreement may indemnify, and hold the the City of Boynton Beach mless from any claim, demand, , including court costs and amage which may be asserted, nst or from the City of Boynton ton Beach Municipal Golf Course o property or injury, including erson whomsoever and which rises out of, is incident to, ith the performance of the of this Contract, agrees its own expense, at all ral liability insurance operations, pursuant to this not less than $100,000.00 per ggregate. Said policy shall ional insured, and shall e cancelled without thirty (30) to the City. hereunder, "Birdie" ~or of Purchasing evidence of way of providing a Certificate ~f this Contract, agrees ~tatutory Workers Compensation designate the City Manager or ve for purposes of the .ract. ASSIGNABILITY. The Contract may not be assigned or transferred without the express prior approval of the City. IN WITNESS WHEREOF, the parties hereto set their hands and seals this /~- .day of ~~__, 199/. GENE MOORE