HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-072Temp. Reso. #13129
June 11, 2018
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2018��
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING
AGREEMENT AMENDMENT #1 TO THE AGREEMENT
WITH BILLY CASPER GOLF, LLC FOR GOLF COURSE
OPERATIONS SERVICES FOR THE COLONY WEST
COUNTRY CLUB DATED OCTOBER 24, 2013;
EXERCISING THE FIVE (5) YEAR OPTION TO RENEW IN
ACCORDANCE WITH THE RENEWAL PROVISIONS
CONTAINED IN THE AGREEMENT; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE
AGREEMENT AMENDMENT #1 TO THE AGREEMENT
FOR MANAGEMENT AND MAINTENANCE OF THE GOLF
COURSE AND THE AMENITIES AVAILABLE IN THE
CLUBHOUSE INCLUDING FOODSERVICE AND PRO -
SHOP OPERATIONS FOR A PERIOD OF FIVE (5) YEARS,
FOR THE EFFECTIVE PERIOD OF OCTOBER 24, 2018
THROUGH OCTOBER 23, 2023 PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is a Vibrant Community, that wishes to provide
exceptional recreational opportunities for its residents and visitors; and
WHEREAS, the City of Tamarac purchased the Colony West Golf Course in
December 2011, as a means of preserving green space for its residents; and
WHEREAS, on October 24, 2013, The City Commission of the City of Tamarac
approved an Agreement to operate the Colony West Country Club with Billy Casper
Golf, LLC to maintain the operations of the course, and the amenities available in the
Colony West Clubhouse, including foodservice and pro -shop operations pursuant to the
formal solicitation of Request for Proposal #13-25R, via Resolution # R2013-115, a
copy of which is on file with the City Clerk; and
WHEREAS, the original Agreement with Billy Casper Golf, LLC provided for a
Temp. Reso. #13129
June 11, 2018
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five (5) year renewal option if mutually agreeable to the City and Billy Casper Golf, LLC,
subject to successful operation of the Colony West property; and
WHEREAS, Billy Casper Golf, LLC has provided for the successful operation of
the Colony West Golf property, and the City and Billy Casper Golf, LLC are agreeable to
exercising the five (5) year renewal option; and
WHEREAS, the City Commission of the City of Tamarac desires to maintain the
Colony West property as a fully -functional golf course with full clubhouse amenities; and
WHEREAS, Agreement Amendment #1 provides for the exercising of the five (5)
year renewal option of the Agreement with Billy Casper Golf, LLC for Golf Course
Operations including the management and operation of the course and the clubhouse
services in order to maintain the club as a fully operational venue, a copy of such
Agreement Amendment is included herein as Exhibit I "; and
WHEREAS, the Director of Financial Services and the Purchasing and Contracts
Manager recommend that the City of Tamarac City Commission approve Agreement
Amendment #1 and authorize the appropriate city officials to execute the Agreement
amendment to manage and maintain the Golf Course and the amenities in the
Clubhouse, including foodservice and pro -shop operations for a period of five (5) years
with Billy Casper Golf, LLC.; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to approve Agreement
Amendment #1 and authorize the appropriate city officials to execute the Agreement
amendment to manage and maintain the Golf Course and the amenities in the
Clubhouse, including foodservice and pro -shop operations for a period of five (5) years
with Billy Casper Golf, LLC.
G
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June 11, 2018
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified
and confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof and all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION 2: The City Commission approves Agreement Amendment #1,
and authorizes the appropriate city officials to execute the Agreement amendment to
manage and maintain the Golf Course and the amenities in the Clubhouse, including
foodservice and pro -shop operations for a period of five (5) years with Billy Casper Golf,
LLC.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
The remainder of this page is intentionally left blank
Temp. Reso. #13129
June 11, 2018
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PASSED, ADOPTED AND APPROVED this - day of 2018.
2018.
HARRY DRESSLER
MAYOR
ATTEST:
a..H7J�1,,
PATRICIA�MC
CITY
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
(4"b 4�i� -
SA EL S. GOREN
CITY ATTORNEY
J
City of
Tamarac
Purchasing and Contracts Division
AGREEMENT AMENDMENT #1
BETWEEN THE CITY OF TAMARAC
AND
BILLY CASPER GOLF, LLC
The CITY OF TAMARAC (City) and Billy Casper Golf, LLC., Hereinafter referred to as
(BCG), a Virginia limited liability company duly registered as a Florida Foreign Limited
Liability Company with principal offices located at 12700 Sunrise Valley Drive, Suite 300,
Reston, Virginia 20191 (the "Contractor"), agree to amend the original Agreement for
Citywide Janitorial Services as follows:
1. Pursuant to the terms of Section 2, "TERM OF AGREEMENT' of the
original Agreement dated October 24, 2013, the City and Billy Casper Golf, LLC (BCG)
agree to exercise the five (5) year renewal option for the period effective October 24, 2018
through October 23, 2023.
2. Please delete the current language shown in Section 15.
"CONFIDENTIALITY & PUBLIC RECORDS", Paragraph D "Public Records" and replace
with the following amended language:
D. Public Records: The City of Tamarac is a public agency subject to Chapter 119,
Florida Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, BCG shall.
1. Keep and maintain public records required by the City in order to perform
the service;
2. Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if BCG does not transfer the records to the City.
4. Upon completion of the contract, transfer, at no cost to the City, all public
records in possession of B CG, or keep and maintain public records required
by the City to perform the service. If BCG transfers all public records to the
City upon completion of the contract, BCG shall destroy any duplicate public
records that are exempt or confidential and exempt from public records
disclosure requirements. If BCG keeps and maintains public records upon
completion of the contract, BCG shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided
13-25B — Colony West Golf Complex Management Agreement - AGREEMENT AMENDMENT #1
City of
Tamarac Purchasing and Contracts Division
to the City, upon request from the City's custodian of public records in a
format that is compatible with the information technology systems of the
City.
5. During the term of the contract, BCG shall maintain all books, reports and
records in accordance with generally accepted accounting practices and
standards for records directly related to this contract. The form of all records
and reports shall be subject to the approval of the City's Auditor. BCG
agrees to make available to the City's Auditor, during normal business hours
and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract.
3. Please Add Section 15. "CONFIDENTIALITY & PUBLIC RECORDS"
Paragraph E to be titled "Public Records Custodian"
E. Public Records Custodian.
IF BCG HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO BCG'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT.
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
4. Please Add to Section 16. "GENERAL PROVISIONS", new Paragraph V,
titled "Scrutinized Companies F.S. 287.135 and 215.473.
V. Scrutinized Companies -- 287.135 and 215.473
By execution of this Agreement, BCG certifies that BCG is not participating in a
boycott of Israel. BCG further certifies that BCG is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities
in Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has BCG been engaged in business operations
in Syria. Subject to limited exceptions provided in state law, the City will not
contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material
breach of contract. The City shall provide notice, in writing, to BCG of the City's
determination concerning the false certification. BCG shall have five (5) days from
receipt of notice to refute the false certification allegation. If such false certification
13-25B — Colony West Golf Complex Management Agreement - AGREEMENT AMENDMENT #1
City of
Tamarac - urchasing and Contracts Division
------------ ___ _._-__------------------------ --- ----
is discovered during the active contract term, BCG shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If BCG does not demonstrate
that the City's determination of false certification was made in error then the City
shall have the right to terminate the contract and seek civil remedies pursuant to
Section 287.135, Florida Statutes, as amended from time to time.
5. Other provisions of the original agreement remain in effect as written.
Remainder of Page Intentionally Blank
13-25B — Colony West Golf Complex Management Agreement - AGREEMENT AMENDMENT #1
City of
Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager as authorized by the City Commission, and
Billy Casper Golf, LLC (BCG) signing by and through its duly
authorized to execute same.
CIT TAM
O: ; n, •• v" =A Zkfichael C. ernech, City Manager
Q?
too
Datey .• �r.y ..
r`
Patricia A. Teufel, CM
City Clerk
0 Approved as to form and legal sufficiency:
Date
(Vuarnu& S. Goren, City Attorney
l Date lid
ATTEST: Billy Casper Golf (BCG)
Company Name
4'04/i� r ,ZX,
Signature
Type/Print Name Title
(CORPORATE SEAL) Date
13-25B — Colony West Golf Complex Management Agreement - AGREEMENT AMENDMENT #1
.a
City of
Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF PAWFA-X
and Contracts Division
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
afore§aid and in the County aforesaid V take acknowledgments, personally appeared
R. 061-L4 « g , (Name) msip EN r (Title) of Billy Casper Golf,
LLC, a Virginia Limited Liability Company, duly registered as a Florida Foreign Limited
Liability Company, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
f+
WITNESS my hand and official seal this U day of 12019
Signature ofVaryublic
State of Vi arge
eA L-P- J L-�
Print, Type or Stamp
Name of Notary Public
79, Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
13-25B — Colony West Golf Complex Management Agreement - AGREEMENT AMENDMENT #1