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R00-006RESOLUTION NO. RO0-,~. 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 EAST COAST GOLF BALL COMPANY FOR BALL RETRIEVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach advertised a bid to secure a firm Ilfor ball retrieval at the Links at the Boynton Beach Municipal Golf Course; and WHEREAS, East Coast Golf Ball Company was the sole responsive, responsible bidder who met all requirements and specifications to the Bid; 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 East Coast Ball Company 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 'ear Contract between the City of Boynton Beach and East Coast Ball Company or the retrieval of golf balls at the Links 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 day of January, 2000. ATTEST: Cit~/'Clerk It(Corporate Seal) ]c a\reso\ag ree ments\.~.~,l~Ll,~t rieval t least Coast Bail CITY ~;~F BOYN,TON BF_.ACH, FLORIDA Mayor Pro Tam Commissioner ~ Commissioner CONTRACT FOR LAKE DIVING SERVICE AT THE LINKS AT BOYNTON BEACH THIS CONTRACT FOR LAKE DIVING SERVICES, signed this 31st day of December, 1999, effective January 18, 1999, by and between East Coast Golf Ball Company hereinafter referred to as East Coast Golf Ball Company 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, East Coast Golf Ball Company is engaged in the business of the retrieval of golf balls; and WHEREAS, the City owns The Links at Boynton Beach at 8020 Jog Road, Boynton Beach, Florida; and WHEREAS, THE City is desirous of engaging the services of East Coast Golf Ball Company 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: SCOPE. The general scope of services to be performed by East Coast Golf Ball Company 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. East Coast Golf Ball Company agrees to pay $3,500 per year to the City paid in two payments of $1,750 each in the form of a Cashier's Check. The first check is due upon signing of the Contract and the second check on the 6 month anniversary of the signing of the Contract and every six months thereafter through the term of the contract. b. East Coast Golf Ball Company agrees to provide the golf course with 1,000 grade B used golf balls, at no charge, per month through the term of this contract. c. East Coast Golf Ball Company agrees to return to the golf course all range balls recovered from the lakes, at no charge, within two (2) weeks of retrieval. d. East Coast Golf Ball Company shall pay the City 10 cents per range ball turned in by the Golf Course to East Coast Golf Ball Company at the end of each contract year. East Coast Golf Ball Company 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. TERM. The term of the Contract shall be for a period 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 writing, 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 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. East Coast Golf Ball Company agrees to defend, indemnify, and hold the City of Boynton Beach, The Links at Boynton Beach, 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. East Coast Golf Ball Company, 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, East Coast Golf Ball Company, shall file with the Risk Management Division, evidence of the required insurance by way of providing a Certificate of Insurance. o WORKERS' COMPENSATION. East Coast Golf Ball Company, during the term of this Contract, agrees to at all times maintain statutory Workers' Compensation Insurance as described on the attached insurance advisory form. (Exhibit B) ASSIGNABILITY. The Contract may not be assigned or transferred without the express prior 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 ~his agreement without the express written consent of the City. 11. 12. 13. 14. 15. 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 Copies to City Attorney at the above address Notices to CONRACTOR shall be sent to the following address: East Coast Golf Ball Company 7036-63 W. Palmetto Park Road Boca Raton, FL 33433 ATTN: Doug Bounassi 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 WI, I,I~NESS WHEREOF, the parties hereto set their hands and seals this ,~',,/" day of BY/. _ ,/Mayo; % CI~ OF BOYNTON BEACH Approved as to form by: City Attorney CONTRACTOR Signed and Witnessed in the presence of: DEC-10-99 E~STCOAST ~OL~ BALL 561~95+~845 P. 81 SPECIFICATIONS FOR LAKE DIVING CONTRACT/NiNE LAKES AT MUNICIPAL GOLF COURSE In consideration for diving the Nine Lakes at 'l'he Links at Boynton Beach for the purpose cf retrieving golf balls. please piace an (X) on the blank line ~.ext to each item if a specification is met, If exceplion is ta~er] (alternatives), representative must explain u~ing a separate sheet of paper. specification "Check Off" shoots must accompany proposal sheet in order for a quote to be cortsidemd, /U 4, The dollar amount quoted must be a Minimum of $6,000 ~..e.r,.y.e..a_r., paid in two payments (50% e~ch) ir~ the forr'n of a Cashier's Check, The first check is duc u¢on sicjning of the Contract and the second check on the 6 month anniversary' of the si§ni~g of tt~e Contract and every six months thereafter through the term of the contract. NOTE: 100,000+ rounds' of golf per year are played o.q the 27 holes. There are 9 lakes that come into play on most of those hol~s. All range balls recovered from tho lakes will bo returned to the Golf Course, at no char.cje, withir'~ two weeks of retrieval, The successful corr~pany wirl ;)ay tho City $ ./'~ per usable range ball turned in at the e~d of each contract year, (The City replaces its range b~dls with all new range bails each October/November to stad the new fiscal year.) The Concessionaire must maintai~ liability insurance in thc following amoun.'.s and in accordance with the City's Insurance Advisory Form at(ached: $1,000,000 Aggregate $1,000,000 per incident __ 5. The Concessionaire must execute a Contract with the City Of Boynton Beach. The form of the Contract is attached hereto. __ 6, The divers will be required to notify the Golf Course Superintendent at least two (2) days in advance of their arrival, They must get approval tot use of a golf utility vehicle to get around the course, No q.uara..n_te_e is made by the ,City that such a vet[icle · will be available, however, alt effqrts will be made .t.~ assist the divers in obtaining transportation onto the ~lolf course. THiI$ PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR QUOTE TO BE CONStDERED COMPLETE AND ACCEPTABLE. QUOTE SPECS FOR LAKE DIVING/NINE LAKES AT MUNICIPAL GOLF COURSE CONTINUED... .TERM: The term of the Contract shall be for a period of thidy-six (36) months from the date of this agreement. This may be renewed on a yearly' basis for an additicnal thirty, six months provided the padies consent in writing, except as follows: a. If conditions are present which are considered by either party to be cause for terminalion, written notice shall be provided to the other party, and a reasonable period of time no greater than ten (10) days shall Po given to correct the conditions constitutlng the breach; or I~. If the conditions are not corrected then the CONTRACT may bo tcrminatcd for such conditlons by Giving thirty (30) days written notice to the other patty; or c. Upon ninety (90) cays written notice by either party prior to the annual ronowa! date, this Contract can be terminated, Afl companies must supply a ~ist, with their bid proposal, of courses presently contracted with fo, the type of work covered by this Ccntract. Also, how Iong they !'~ave been with tIlese courses should be indicated Companies~are encouraged to visit the The Links at Boynton Beach located at 8020 Jog Road, Boynton Beach, FL 33437, and become familiar with the area. Please call ahead ?.o make an appointment with Joe Sciodino, the Golf Director. The telephone number is (561) 742-6502. THIS PAGE '~0 BE SUBMITTED ALONG WiTH PROPOSAL IN ORDER FOR QUOTE TO BE CONSIDERED COMPLETE AND ACCEPTABLE. DEC-I~-~9 ~2~29 PM EASTCOAST GOLF ~ALL 561+~95+~8~ P.8~ PROPOSAL BLANK TO T'HE CITY OF BOYNTON BEACH, FLORIDA Date:_ The undersigned declares that he has carefully examined the specifications and is thoroughly famihar with its prowsions and with the quality, type and grade of service called for. The undersigned proposes to deliver the service in accordance with the specificado~,~$ for the Sdm Of; TOTAL DOLLAR AMOUNT $ _ per year /t.. j'2,8OO 4¢,f,J~ /~ The successful company wilt pay the City $ ,/~ per usable range bali turned in at Ihe '~ . . e~d of each contract year. ~ ~, ,_ . Specification "check-off' sheets Submitted _. ~ ...... (pages 1 - 2) Yes/No TELEPHONE NUMBER TITLE City of Boynton Beach Risk Management Department 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 liability." (NOTE: ~In insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon award of Contract.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the Cit%. (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) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Prot. Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abape. merit Lead Paint Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Propen'y Damage Fire Legal Liability ' General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (any one fire) Med. Expense (any one person) $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 50,000.00 $ 5,000.00 i Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos _ Non-Owned Autoi PIP Basic Combined Single Limit Bodily Injm3t (per person) Bodily Injury ~ accident) Property Damage Trailer Interchange $1,000,000.00 to be determined to be determined to be determined $ 50,000.00 Garage Liability Any Auto Auto Only, Each Accident Other Than Auto Only Each Accident Aggregate $1,000,000.00 $ I00,000.00 $1,000,000.00 $1,000;000.00 Excess Liability Umbrella Form Each Occurrence Aggregate to be determined to be determined Worker's Compensation Employer's L/ability Statutory IJmits F_ach Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Other - As Risk Identified to be determined , insreq.002 10/96