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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-072Temp. Reso. #13129 June 11, 2018 Page 1 of 5 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 Page 2 of 5 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 Temp. Reso. #13129 June 11, 2018 Page 3 of 5 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 Page 4 of 5 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