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HomeMy WebLinkAbout2016 First AmendmentFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND INTERNATIONAL GOLF MAINTENANCE, INC. This First Amendment to the Agreement ("Amendment") is hereby made and entered into this 28th day of September, 2016, between CITY OF SEBASTIAN, FLORIDA ("City") and International Golf Maintenance, Inc., ("Contractor") WITNESSETH WHEREAS, the City and Contractor September 2014, for the provision of Golf Municipal Golf Course (the "Agreement"); and, are parties to that certain Agreement dated 25 Course maintenance services at the Sebastian WHEREAS, the parties desire to amend Section 4 of the Agreement regarding Contractor's obligations surrounding the use of the City provided Golf Course Storage Building; and, WHEREAS, the parties agree that the amendments are desirable and in the best interests of the Golf Course, the City and its residents. NOW THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree to the additions to Section 4 of the Agreement as follows: (h) With respect to the Golf Course Maintenance Building (hereafter referred to as the Golf Course Storage Building), International Golf Maintenance, Inc. (IGM) agrees to maintain the building is a clean and orderly fashion; and to keep the building and its surrounding grounds groomed, clean and in an orderly condition. Furthermore IGM shall bear the cost of repairs to doors, fixtures, panels, fuel service equipment, or other items that may become damaged while IGM has use of the building. (i) Equipment storage: IGM will park equipment as to maintain a neat and orderly appearance. Non-operating and/or abandoned equipment shall be stored in such a fashion that it is out of sight from the golfing public and from visitors approaching from the driveway. 0). The City of Sebastian has the right to conduct unlimited, unannounced site visits to inspect the building and its surrounding grounds and structures. Except as amended herein, the Agreement shall remain in full force and effect as written: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. International Golf Maintenance, Inc. Attest: i anette Williams, MMC ity_�Terjt_ CITY OF SEBASTIAN �.r Joe Griffin / �� City Manager Approved as to Form and Legality for Reliance by the City of Sebastian Only: iGl Robert A. Ginsburg City Attorney CONTINUATION CERTIFICATE RLI Insurance Company hereby continues in force Dated 10/01/2014 in the amount of $ 150,000.00 on behalf of International GQjf Maintenance Inc. as Principal, in favor of City of Sebastian , for the period beginning: 9/30/2016 and ending 9/30/2017 subject to all the terms and conditions of said bond; PROVIDED that the liability of al T Tnsurance Company shall not exceed in the aggregated the amount above written, whether the loss shall have occurred during the term of said bond or during any continuation or continuations thereof, or partly during said term and partly during any continuation or continuations thereof. Signed and Sealed this 14th day of September , 2016 RLI Insurance Company By: O -Q,4 Oylj . 2'a'h�y►�� Tensa L. Durham Attorney -in -Fact and Florida Licensed Resident Agent Inquiries: (407)786-7770 RLI• Su ety 902 9025 N. Lindbergh Dr.1 Peoria, IL 61615 Phone; (800)645-24021 Fax: (309)689-2036 www.rlicorp.com Know Al/ Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Jeffrey W Reich Susan L Reich Kim E Niv, Teresa L Durham Leslie M Donahue Patricia L Slaughter Don Bramlane Cheryl Foley. Gloria A Richards Lisa Roseland Jointly or severally in the City of Maitland . State of Florida its true and lawful Agent and Attomey in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 18th day of September , 2014 State of Illinois SS County of Peoria ` ppNCf. 'W ,a`$ yr .....�rq s `:,SEAL •` 'N",14 L'i N,n`aOaO,. On this I8th day of September 2014 , before me, a Notary Public, personally appeared Roy C. Die . who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLi Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Notary Public •.. • �.. i 0922656070212 RLI Insurance Company By: Roy C. Di Vice President CERTIFICATE f, the undersigned officer of RLI Insurance Company, a stock corporation of the Stale of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereon set my had and nding sal of I Insurance Company this hday of ag RLI Insurance Company By: Roy C. Di Vice President A0058514 SEBASTIAN MUNICIPAL GOLF COURSE air OF SE NOME OF PELICAN ISIAND AGREEMENT BETWEEN THE CITY OF SEBASTIAN and INTERNATIONAL GOLF MAINTENANCE, INC. AGREEMENT THIS AGREEMENT, made this 25th day of September, 2014 by and between the City of Sebastian, a municipal corporation (hereinafter called the "CITY"), and International Golf Maintenance, Inc. (hereinafter called "CONTRACTOR"). WITNESSETH The CITY and CONTRACTOR for good and valuable consideration as hereinafter set forth, do mutually agree as follows: 1. SCOPE OF WORK CONTRACTOR agrees to furnish all materials, equipment, labor, supervision and services necessary to complete the work as described in the Contract Documents with respect to maintenance at the Sebastian Municipal Golf Course. 2. CONTRACT DOCUMENTS (a) The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the work by CONTRACTOR. The Contract Documents are binding. (b) The Contract Documents consist of this Agreement; the General Scone of Work (Appendix 1); the Detailed Turf and Grounds Maintenance Guidelines (Appendix 2); City Responsibilities (Appendix 3); and any written modifications authorized by the City Council approved after execution of this Agreement. 3. CONTRACT SUM AND PAYMENT TO CONTRACTOR (a) Contract Sum: The CITY shall pay to the CONTRACTOR for performance hereunder the annual amount of $535,672 for years one (1) through three (3) (October 1, 2014 through September 30, 2017); $546,385 for years four (4) and five (5) (October 1, 2017 through September 30, 2019); for years six (6) through ten (10) (October 1, 2019 through September 30, 2024), the annual contract payment shall be an escalation equal to the Southeastern Consumer Price Index as of July ls` of that current year, not to exceed 2% of that current year's annual contract price. (b) Contract Payments: The CITY shall make equal monthly payments on the Contract Sum to CONTRACTOR as provided below: (i) Each invoice for Payment by CONTRACTOR shall be submitted to the CITY by the twenty-fifth (25th) day of a month. (ii) Provided an invoice for payment is received by the CITY not later than the twenty-fifth (25th) day of a month, the CITY shall make payment to CONTRACTOR not later than the tenth (10`h) day of the following month. If an invoice for payment is received by the CITY after the 25th, payment shall be made by the CITY not later than twenty (20) days after the CITY receives the Invoice for Payment. 4. CONTRACTOR'S OBLIGATIONS (a) CONTRACTOR shall supervise and direct the work using the CONTRACTOR'S best skill and attention. CONTRACTOR shall be solely responsible for and have control over maintenance means, methods, techniques, sequences and procedures and for coordinating all potions of the work under this agreement, unless the Contract Documents give other specific instruction concerning these matters. (b) Unless otherwise provided in the Contract Documents, CONTRACTOR shall provide and pay for labor, materials, tools, maintenance of CONTRACTOR equipment and machinery, transportation and other facilities and services necessary for the proper execution and completion of the work. (c) Unless otherwise provided in the Contract Documents, CONTRACTOR shall pay all sales, use and other similar taxes and shall secure and pay for all permits and government fees, licenses and inspection necessary for proper execution and completion of the work. (d) CONTRACTOR shall enforce strict discipline and good order among its employees and other persons carrying out the work. CONTRACTOR shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (e) CONTRACTOR currently holds and shall maintain at all times during the term of the AGREEMENT all required federal, state and local licenses necessary to perform work required under the Contract Documents. (f) CONTRACTOR shall be responsible to the CITY for the acts and omissions of CONTRACTOR'S employees, Subcontractors and their agents and employees and other persons performing portions of the work under a contract with the CONTRACTOR. (g) CONTRACTOR shall pay the City $24,346.87 upon execution of this Agreement. Upon payment, City shall transfer ownership, including warranties, of all City owned Golf Course vehicles and equipment to CONTRACTOR. CONTRACTOR will take full responsibility for maintenance and replacement of any/all Golf Course vehicles and equipment for the duration of this Agreement. 5. CITY'S OBLIGATION (a) The CITY shall, at no cost to the CONTRACTOR, provide the following services and materials or facilities: • Electric, water and sewer service. • Repair parts for the irrigation system. • Adequate parking spaces designated for CONTRACTOR employees. • Storage facility meeting all applicable standards. (b) The CITY shall provide an on-site CITY representative at the golf course to represent the City Manager for supervisory decisions regarding the golf course maintenance and other related activities as outlined within the Contract Documents. 6. CONTRACTOR WARRANTS The CONTRACTOR shall warrant to the CITY that all materials and labor furnished under this Agreement shall be free from any and all defects and that the work will conform with the requirements of the Contract Documents. Work not conforming to these requirements including substitutions not properly approved and authorized, may be considered defective. 7. CORRECTION OF WORK (a) CONTRACTOR shall, at no cost to the CITY, promptly correct any work, completed by Subcontractors, or employees of CONTRACTOR, that fails to conform to requirements of the Contract Documents. CONTRACTOR shall correct any work found to be not in accordance with the requirements of the Contract Documents within a period of thirty (30) days from the date of receipt of written notice of default or by the terms of an applicable special warranty required by the Contract Documents. (b) Nothing contained in this Paragraph 7 shall be construed to establish a period of limitation with respect to other obligations which CONTRACTOR might have under the Contract Documents. Establishment of the time period of thirty (30) days as described in Subparagraph 7(a) above related only to the specific obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish CONTRACTOR'S liability with respect to CONTRACTOR'S obligations other than specifically to correct the work. & SUBCONTRACTS (a) A Subcontractor is a person or entity who has a direct contract with the CONTRACTOR to perform a portion of the work. (b) A Supplier is a person or entity who has a direct contract with the CONTRACTOR to provide materials and/or supplies required to perform a portion of the work. (c) CONTRACTOR, as soon as practicable after execution of the Contract, shall furnish in writing to the CITY the names of the Subcontractors and Suppliers to be utilized in performing the work. CONTRACTOR shall not contract with any Subcontractor or Supplier to whom the CITY has made reasonable objection. Contracts between CONTRACTOR and its Subcontractor and Suppliers shall require each Subcontractor and Supplier be bound to the CONTRACTOR by the terms of the Contract Documents, and to assume the proportionate obligations and responsibilities which CONTRACTOR, by the Contract Documents, assumes toward the CITY. 9. TERM The Term of this Agreement shall be ten years (10) years, beginning October 1, 2014. The parties reserve the right to extend the term of the Agreement for an additional term of five (5) years on the same terms and conditions upon mutual written agreement. 10. TERMINATION (a) For Cause: If CONTRACTOR defaults, or fails or neglects to carry out the work in accordance with the Contract Documents, or fails to perform a provision of this Agreement, the CITY, after ten (10) days written notice to CONTRACTOR and without prejudice to any other remedy the CITY may have, may terminate this Agreement. (b) Without Cause: The CITY retains the right to cancel this Agreement at any time, without cause, upon sixty (60) days written notice to CONTRACTOR. (c) Payment Upon Termination: In the event of termination as provided herein, CONTRACTOR shall be paid on a pro -rata for services performed through the date of termination less, if termination is for cause, damages incurred by the CITY as a result of CONTRACTOR'S failure to carry out the work in accordance with the Contract Documents. 11. INDEMNITY To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend and hold harmless the CITY and the CITY'S agents, servants and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work, except for injuries, damages or claims which are the result of the sole negligence of the CITY, its agents, servants, or employees and CONTRACTOR shall at its own cost and expense defend the CITY against any such claim, suit, action or proceeding which may be commenced against the CITY by reason thereof. CONTRACTOR hereby acknowledges that the obligations imposed upon the CITY and the terms of this Agreement are the specific consideration for the indemnification provided herein. 12. INSURANCE CONTRACTOR shall procure and maintain during the life of this Agreement insurance of the types, and subject to the limits, set forth below. CONTRACTOR shall also provide the CITY with evidence of this insurance prior to commencement of the work in the form of Certificates of Insurance, which shall be subject to the CITY'S approval of adequacy. (a) Worker's Compensation: CONTRACTOR shall purchase and maintain, from a company or companies lawfully authorized to do business in Florida, workers' compensation insurance for protection from claims for damages because of bodily injury, including death, which may arise out of or result from CONTRACTOR'S operations under this Agreement, whether such operations be by CONTRACTOR or by Subcontractors or by anyone directly or indirectly employed by any of the above. This insurance shall be written for not less than the limits of liability required by law, and Coverage B, Employer's Liability, shall be written for a minimum liability of $100,000.00 per occurrence. (b) Commercial General Liability: CONTRACTOR shall provide and maintain during the life of this Agreement, at CONTRACTOR'S own expense, Commercial General Liability insurance on an occurrence basis for a minimum of $1,000,000.00 per occurrence for claims of bodily injury including death, and $500,000.00 for property damage. (c) Commercial Auto Liability; CONTRACTOR shall provide and maintain during the life of this Agreement, at CONTRACTOR'S own expense, Commercial Auto Liability insurance on an occurrence basis for a minimum $1,000,000.00 per occurrence for claims of bodily injury, including death and $300,000.00 for property damage. 13. PERFORMANCE BOND CONTRACTOR shall purchase and maintain throughout the duration of this Agreement a Performance Bond in an amount of $150,000, unless such requirement is specifically waived or modified in writing by the CITY. Said bond shall be with a surety insurer authorized to do business in the State of Florida. In lieu of said bond, CONTRACTOR may obtain and deliver to the CITY an irrevocable letter of credit from a qualified lending institution in an amount equal to the Performance Bond required. CONTRACTOR shall submit to the CITY proof of said surety bond or letter of credit upon execution of this Agreement. 14. ASSIGNMENTS CONTRACTOR shall not assign this Agreement to any other persons or firm without first obtaining the CITY'S written approval. 15. NOTICES All notices, requests, consents and other communication required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: IF TO THE CITY: City of Sebastian Office of the City Manager 1225 Main Street Sebastian, Florida 32958 WITH COPY TO: City of Sebastian Office of the City Attorney 1225 Main Street Sebastian, Florida 32958 IF TO CONTRACTOR: International Golf Maintenance, Inc. 8390 Champions Gate Blvd. Suite 200 Champions Gate, FL 33896-8312 16. TIME Time limits stated in the Contract Documents are the essence of this Agreement. By executing this Agreement, CONTRACTOR confirms that the contract times are a reasonable period for performing the work. 17. CONFLICT OF INTEREST (a) CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided by law. CONTRACTOR further represents that no person having any such interest shall be employed in performance of the work. (b) CONTRACTOR shall promptly notify the CITY in writing by certified mail of all potential conflicts if interest prohibited by existing state law involving any prospective business association, interest or other circumstance which may influence or appear to influence CONTRACTOR'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that CONTRACTOR may undertake and request the opinion of the CITY as to whether the association, interest or circumstances would, in the opinion of the CITY, constitute a conflict of interest if entered into by CONTRACTOR. The CITY agrees to notify CONTRACTOR of its opinion by certified mail within thirty (3) days of receipt of notification by CONTRACTOR. If, in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by CONTRACTOR, the CITY shall so state in the notification and CONTRACTOR shall, at its option enter into said association, interest or circumstance and it shall be deemed to be not a conflict of interest with respect to services provided to the CITY by CONTRACTOR under the terms of this Agreement. 18. COMPLIANCE WITH ALL APPLICABLE FEDERAL LAWS The CONTRACTOR expressly agrees to comply with all laws and regulations relating to providing services under this Agreement. The failure of the CONTRACTOR to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 19. PUBLIC ENTITY CRIME The CONTRACTOR shall file a sworn statement with the CITY which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of section 287.133 of the Florida Statutes. 20. ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Contract Documents constitute the entire Agreement between the parties and supersede all Agreements, representations, warranties, statements, promises and understandings not specifically set forth in the contract Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Contract Documents. 21. SUCCESSORS AND ASSIGNS Except as otherwise provided in the Contract Documents, all covenants and agreements of the parties contained in the Contract Documents shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. 22. REMEDIES No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 23. GOVERNING LAW The Contract Documents shall be construed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action pursuant to the Contract Document shall be in Indian River County, Florida. 24. AMENDMENTS Neither the Contract Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 25. WAIVER The failure of any of the parties at any time to require performance of any provision of the Contract Documents shall in no manner affect the right of such party at any later time to enforce or require the same unless waived in writing. No waiver by any party of any condition or breach shall be construed or deemed to be a waiver of any condition or any other breach of any term, covenant or warranty contained in the Contract Documents. 26. CONFLICT In the event of any conflict between the provision of this Agreement and any attachments hereto, the provisions of this Agreement shall prevail. 27. PUBLIC RECORDS Contract Name: Agreement between the City of Sebastian and International Golf Maintenance, Inc. Project Description: Maintenance of the Sebastian Municipal Golf Course. In accordance with the requirements of Chapter 119 Florida Statutes, as amended, the contract between the City of Sebastian and the CONTRACTOR shall require the CONTRACTOR to: (a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. (b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and (c) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and (d) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. IN WITNESS WHEREOF, the CITY has hereunto subscribed and CONTRACTOR has affixed its name on the date first set forth above. ATTEST (SEAL): Sally A. M ' , MMC City Clerk THE CITY OF SEBASTIAN Joe Griffin City Manager APPROVED AS TO FORM AND LEGALITY FOR RELIANCE BY THE CITY OF SEBASTIAN ONLY: Robert A. Ginsburg, City Attorney Signed, sealed and delivered In the presence of: Print Name: • 4 & CONTRACTOR International Golf Maintenance, Inc. By: o V' Name: _ ?U(71)CC Title: ]0—J-Z0I4 ECU T DiiF SEBASTIAN MUNICIPAL GOLF COURSE my Of t� ;am�I1a CC -1 PE. �L'_ 1CAN ISLAND -: AGREEMENT BETWEEN THE CITY OF SEBASTIAN and INTERNATIONAL GOLF MAINTENANCE, INC. GENERAL SCOPE OF WORK GENERAL SCOPE OF WORK The following General Scope of Work is intended to be an overall outline for agronomic, horticultural and maintenance practices for the Sebastian Municipal Golf Course (SMGC). The General Scope of Work lists the overall requirements sought by the City in order to ensure that SMGC's greens, tees, fairway/roughs, sand bunkers, driving range and bodies of water are managed at or above satisfactory levels for the recreating public. Also included are the landscape maintenance procedures for the golf course, clubhouse and all other structures throughout the golf course property. Adjustments in maintenance procedures can occasionally be expected due to changes in climatic conditions and golf course traffic. Total SMGC acreage is approximately 180 acres, putting green acreage is approximately 4 acres, tee acreage is approximately 5 acres, fairway acreage is approximately 35 acres, rough acreage is approximately 60 acres, sand bunker acreage is approximately 5 acres and linear feet of lakes and ponds is approximately 10,000 linear feet. General Scope of Work - A. Successful contractor must currently perform golf course maintenance on at least five (5) different eighteen (18) hole United State Golf Association -rated golf courses throughout the state of Florida. B. Contractor shall provide and assume cost for total payroll, benefits, and uniforms for all maintenance employees. C. Annual fertilizer program for tees, greens and all fairways and rough as further outlined in the Turf and Grounds Maintenance Guidelines. D. Annual chemical program to include pre and post emergent programs for nuisance weeds and other damaging pests as further outlined in the Turf and Grounds Maintenance Guidelines. E. Preventative maintenance and repairs of all CONTRACTOR owned golf course maintenance equipment on site, including reel and bedknife grinding and sharpening. F. Preventative maintenance and repairs on entire irrigation system downstream of the main irrigation station. G. All maintenance activities must be coordinated with the Director of Golf. H. Bi -annual soil analysis to help determine fertilizer programs. Soil analysis must be conducted by a recognized laboratory or University. I. Sand for top dressing mix when needed and must provide an adequate amount of divot (dyed green) sand for golf cart sand boxes and par three sand boxes. As mentioned under "Sand Bunkers", must also provide 144 tons of bunker sand annually. J. All licenses and permits including a Restricted Use Pesticide License in the Ornamental and Turf Category, OSHA, right -to -know -laws, drug free workplace and SARA title compliance for all employees. Must comply with all applicable federal laws, including, but not limited to, The Clean Air Act, The Endangered Species Act, The Fish & Wildlife Coordination Act, The Safe Water Drinking Act Section, The Wild & Scenic Rivers Act, The Civil Rights Act, The Age Discrimination Act and the Americans with Disabilities Act. K. Compliance with all St. Johns River Water Management District rules and regulations, with special emphasis on consumptive use permits and monthly reports. Cost of maintaining C.U.P. is the City's responsibility. L. Compliance with all rules and regulations of debt covenants. M. Fuels and lubricants for all turf grass maintenance vehicles and equipment and compliance with all laws, rules and regulations for storage, use and disposal. N. Weekly meetings with Director of Golf (or more frequently at the request of the Director of Golf). Monthly meetings, as requested, with the City Manager and Director of Golf. O. Land-based telephone at maintenance facility. Head Golf Course Superintendent must also possess a cellular phone, in order to immediately respond to Director of Golf at any time. P. Trash removal at maintenance facility for domestic trash. Q. Responsibility for any fines, penalties, etc. from any state, federal or local agencies for non-compliance with laws, rules or regulations. R. Bi -monthly safety and general meetings with maintenance staff (attended by Director of Golf at discretion). S. Inspection of SMGC by U.S.G.A. agronomist when requested by Director of Golf, not to exceed two (2) inspections per year. T. Must provide SMGC and the City of Sebastian with evidence of insurance in the form of Certificates of Insurance. U. Must provide and maintain worker's compensation insurance. V. Must provide and maintain Commercial General Liability insurance on an occurrence basis for a minimum of $1,000,000 per occurrence for claims of bodily injury including death and $500,000 for property damage. W. Must provide Commercial Auto Liability insurance on an occurrence basis for a minimum of $100,000 per occurrence for claims of bodily injury, including death and $300,000 for property damage. X. Must provide and maintain a Performance Bond in an amount equal to 100% of the face amount of the Contract Sum. The Performance Bond must be with a surety insurer authorized to do business in the State of Florida. SEBASTIAN MUNICIPAL GOLF COURSE c.TPY OF AGREEMENT BETWEEN THE CITY OF SEBASTIAN and INTERNATIONAL GOLF MAINTENANCE, INC. DETAILED TURF AND GROUNDS MAINTENANCE GUIDELINES Detailed Turf and Grounds Maintenance Guidelines Turf and Ground Maintenance Guidelines provides additional detail and information on performance objectives required by the Contractor. Putting Greens Maintenance Requirements (On course and all practice greens) A. Mowing — year round, greens must be mowed daily with a height of cut ranging from .110" to .189" depending on weather and traffic. Triplex mowers must be used for mowing and green perimeters must be mowed ("clean-up lap") every other day. All grass clippings must be removed. B. Hole Locations — must be changed every day of the year, with a consistent hole location schedule that will allow for adequate plug healing and spread common putting traffic consistently throughout the entire putting green. C. Ball marks, divots and any other damaged turf areas on all putting greens must be repaired daily. D. Core aerification of all greens must be performed a minimum of two (2) times per summer. While environmental conditions can change this requirement, normally, aerification holes must be two (2) inches from center and a depth of no less than four (4) inches. Core aerification must also be accomplished anytime throughout the year, depending on numerous environment factors. Core aerification during peak periods must be with a small, solid tine. All core aerification dates and times must be approved by the Director of Golf. E. Topdressing - all greens must be topdressed monthly at a rate of 0.6 to 1.0 cubic yards of material per 1,000 square feet. All greens must be properly topdressed after all aerifications. F. Vertical Mowing — light vertical mowing must be performed monthly throughout the year to control thatch build-up and reduce grain. From May through October, if vertical mowing is required more than once a month, the Director of Golf can request this to be accomplished. G. Spiking — all greens must be spiked as needed between aerifications to maintain proper surface consistency. H. Fertilization — analysis and quantity must be based on the results of bi-annual spring and fall soil and tissue samples. Only fertilizer specifically formulated for putting green surfaces must be applied. All fertilizers will be applied at rates that will not allow nitrogen loss due to leaching or runoff. Approximately 12 to 18 pounds of nitrogen per 1,000 square feet of turf must be used. High traffic areas must receive additional fertilizations, depending on wear. I. Fungicide — appropriate fungicide applications must be immediately applied when weather conditions favor the development of a fungal infestation. Curative applications of fungicides must be used if needed. J. Pre -Emergent Chemicals — must be used in appropriate amounts and appropriate times to prevent the intrusion of weeds considered difficult to eradicate or control. Examples of such weeds would include goosegrass in the summer and poa annua in the winter. K. Weed Control — All greens must be maintained free of weeds to the extent that is currently possible with modern cultural practices. L. Insecticide — all greens must be treated as required to control insect activity and prevent damage to the turf. M. Overseeding — currently overseeding greens will not be requested, however, in lieu of overseeding, throughout the winter, turf practices must be accomplished which will maintain color and overall quality of putting green turf, which would include appropriate fertilizer applications, with emphasis on sulfate. Tee Surface (on course and all practice tees) A. Mowing — all tees must be mowed with a triplex to a height ranging from .300" to .600", no less than three (3) times per week. All grass clippings must be removed. B. Top Dressing — all tees must have daily divot repair and filling, to help maintain a smooth surface. Top dressing tees will be at the sole discretion of the Director of Golf. C. Set-up — Tee markers on all five (5) sets of tees must be moved daily, litter containers must be emptied daily, ball washers must be filled at least once per week and new towels must be added at least once per month or when needed. Ball washers must also be painted when needed and minor painting or "touching - up" of granite tee signs must be accomplished at the request of the Director of Golf. D. Weed Control — tees must be kept weed -free to the extent it is currently possible with modern cultural practices. E. Insect Control — all tees must be treated as required to control insect activity and prevent damage to the turf. F. Vertical Mowing — all tees must be vertically mowed a minimum of six (6) times per year. G. Aerification — all tees must be core aerified a minimum of three (3) times between the months of May through October. H. Fertilization — all tees must be fertilized with at least ten (10) pounds of nitrogen per 1000 square feet based on bi-annual spring and fall chemical soil analysis results to determine specific fertilizer requirements. Shaded, par 3 and other high - traffic tee areas must be placed on a supplemental program to ensure proper vigor. I. Overseeding — all tees must be overseeded each fall with a perennial ryegrass at an appropriate rate. High traffic tees, including the driving range tee and par 3 tees, must have at least one more applications of ryegrass seed throughout the winter Fairways and Roughs (including all areas of play except greens, tee, and natural growth areas) A. Mowing — all fairways must be mowed a minimum of three (3) times per week between .400" to .600" during the growing season. All roughs must be mowed continuously or up to one (1) time per week and bunker faces (also cut to rough height) must be mowed weekly on a year-round bases. Mowing height for rough will be determined by the Director of Golf. On an as -needed basis or at the request of the Director of Golf, fairways must have loose grass and divots blown off when weather conditions allow. Any considerable accumulation of grass clippings must be removed from the fairways, via dragging or blowing. B. Aerification — all fairways and roughs must be core aerified a minimum of two (2) times per summer. Aerification holes must not exceed a spacing of four (4) inches on center or be of a diameter of less than 5/8", with a minimum depth of three (3) inches. For areas throughout the golf course where there is heavy traffic and where traffic patterns are very concentrated, such as entrance and exit points of cart paths, supplemental core aerifications must be conducted at the discretion of the Director of Golf. Like all core aerifications, dates and scheduling must be approved by the Director of Golf. C. Fertilization — all fairways and roughs must be fertilized with at least 2 applications based upon soil analysis results (spring and fall). Fairways must be fertilized with 8 to 10 pounds of nitrogen per 1,000 square feet based on soil tests. Roughs must be fertilized with 5 to 7 pounds of nitrogen per 1,000 square feet based on soil tests. D. Weed Control — Fairways must be kept weed -free to an extent of 98% of the area by proper application of approved herbicides. Roughs must be kept weed -free to an extent of at least 92% of the area by the proper use of approved herbicides. Pre -emergent herbicides must be applied three (3) times each year in the fairways and roughs. E. Insect Control — all fairways and roughs must be treated as needed to control insect activity and prevent damage to the turf. F. Vertical Mowing — all fairways and Bermuda roughs must be vertically mowed at least one (1) time per summer season. Landscape Areas — (all areas within perimeter of operations and SMGC property with ornamental plants, not intended for golf play and having a definable border.) A. Clean -Up — The golf course areas (including all golf course grounds, parking facility and all areas around structures) must be policed and maintained free of trash and debris such as paper, drinking cans and bottles on a daily basis. Maintenance staff must use a blower in numerous customer areas around the clubhouse including all sidewalk areas around clubhouse, bag drop and area around starter's station. B. Weed Control — all plant beds and tree rings must be maintained free of weeds or grass to the extent it is possible with either mechanical or chemical means. All plant beds must have an adequate layer of mulch, stones or other material to help prevent the growth of weeds, retain moisture and for aesthetic purposes. C. Trimming — all plant material 15 feet or less (trees, shrubbery and ground covering) must be trimmed as necessary to provide for good appearance, protection from the wind and insect damage. D. Flower Beds — annual flower beds must be planted with appropriate plant material to provide a vibrant color display at the clubhouse entrance and in containers near and around the clubhouse, cart barn and starters station. Flower Beds and other areas specified by the Director of Golf must also contain mulch of the SMGC choosing. Irrigation A. Contractor must provide all necessary labor to maintain irrigation systems. Must be responsible for normal repair or replacement of all sprinkler heads, valves, wiring, pipe and controllers downstream of the pump station. Parts and materials will be provided by SMGC. B. The irrigation station will be serviced and maintained on a regular basis, not less than twice per year at the expense of SMGC. C. Contractor must be extremely familiar with all phases of irrigation operations, with emphasis on the Osmac System and the Hoover Irrigation Flowguard centrifugal system. Total number of irrigation heads on SMGC property is approximately 610. Edging A. Edging of trees, sprinklers, valve boxes, meter boxes, drainage inlets, yardage stones, must be accomplished monthly. All cart paths must be edged and debris (from edging of cart paths) must be removed monthly. Sand Bunkers A. Greenside sand bunkers must be mechanically raked a minimum of five (5) times per week. Fairway sand bunkers must be mechanically raked a minimum of three (3) times per week. Daily inspection of all bunkers and hand -raking obvious footprints left un -raked by golfers must be accomplished. At the request of the Director of Golf, all sand bunkers must be raked for any special events. All bunkers must be edged a minimum of twelve (12) times per year by mechanical means. Bunker sand must be maintained at a consistent depth. While SMGC will provide bunker sand when budgeting permits, the Contractor will be expected to provide a minimum of 144 tons (6 — 24 ton truckloads) of bunker sand per year. Trash Removal A. Domestic trash removal is at the expense of the City. Items such as grass clippings, tree limbs and other organic debris must be deposited throughout the golf course property at designated inconspicuous areas, or as requested by the Director of Golf. Drainage A. Normal maintenance of the existing drainage system is expected from the Contractor. This must include cleaning -out any clogged drainage pipes and maintaining canals in order for water to move freely. Lakes A. Grass up to the water's edge of lakes and ponds must be maintained, mowed and 92% weed -free. Aquatic maintenance must be accomplished at the expense of the Contractor. Golf Course Supplies The contractor shall be responsible for: A. Replacement of all flags, flag sticks and cups as needed for a maximum of two (2) change -outs per year. SMGC will be responsible for covering costs associated with replacement of flags, flag sticks, ball washers and tee markers as a result of acts of vandalism and/or theft. B. Providing tee markers and tee (ball washer) towels. Towels must be replaced at least monthly and water in ball washers must be checked, added or replaced on a weekly basis. C. Reasonable repairs and painting to ball washers, tee markers and water coolers (not electric). D. Providing at least six (6) cases (12 —17 oz.cans per case) of marking paint per one (1) year period. The Director of Golf will be responsible for applying marking paint to the turf for golf tournaments. The contractor must provide, maintain, paint and (at the Director of Golf request) move or relocate all out-of-bounds and hazard stakes. Staffing A. Contractor must provide enough full-time staffing to accomplish the General Scope of Work that meets the approval of City Officials. Contactor must have a designated Head Golf Course Superintendent on site on a full-time basis. B. The Head Golf Course Superintendent must be an official member of the Golf Course Superintendents Association of America and must have appropriate licensing / certification in all areas relative to golf course maintenance. C. Must enforce strict discipline and good order among employees and must not permit employment of unfit persons not skilled in tasks assigned regarding golf course maintenance. D. Contractor must follow all regulatory personnel laws as prescribed by the appropriate governing agency. Equipment A. Contractor must maintain & provide parts for all golf course maintenance equipment and provide accurate, complete and detailed records of such maintenance, both preventative and repair -oriented. Contractor must provide all types of equipment which will be necessary to adequately and completely satisfy all golf course maintenance tasks as outlined in the guidelines, requirements, specifications and scope of work. SEBASTIAN MUNICIPAL GOLF COURSE CITY O Ir rim AGREEMENT BETWEEN THE CITY OF SEBASTIAN and INTERNATIONAL GOLF MAINTENANCE, INC. CITY OF SEBASTIAN RESPONSIBILITIES APPENDIX 3 THE CITY OF SEBASTIAN'S (SMGC) RESPONSIBILITIES The following outlines responsibilities the City of Sebastian will assume during the SMGC Grounds Maintenance Contract. A. Provide a storage facility complete with employee break room, office, restroom, mechanic area and storage area. B. Provide a separate chemical room, concurrent with all applicable laws regarding storage of such chemicals. C. Provide fuel tank for regular fuel and diesel fuel. D. Provide county (drinking) water and sewer (septic). E. Electrical service. F. Repair parts for the irrigation system. G. Office computer for use for irrigation programming. H. Adequate parking spaces designated for contract maintenance employees. I. Cost of maintaining Consumptive Use Permit. J. Communication and Power Supply for irrigation system. K. Dumpster and Trash pick-up service. L. Costs for USGA agronomist. M. Specialized equipment costs for irrigation system. N. City to maintain Drainage/Stormwater system. DESCRIPTION STATUS TAG # SERIAL/PARCEL CLASS CD SUBCLASS DATE ACQ ACQ COST Book Value 10/1/14 WORKMAN MODEL 7279 PERSONNEL CARRIER A 2145 312Q00913 60 668 12/04/12 7,108.00 4,501.73 WORKMAN MODEL 7279 PERSONNEL CARRIER A 2146 312000914 60 668 12/04/12 7,108.00 4,501.73 TORO GREENSMASTER 3150 TRIPLEX MOWER A 2143 312000995 60 673 12/03/12 21,980.00 13,920.67 TORO GREENSMASTER 3150 TRIPLEX MOWER A 2144 312000998 60 673 12/03/12 21,980.00 13,920.67 CLUB CAR CARRYALL A 1390 EG0518501590 60 670 11/29/04 5,756.00 0.00 2010 CLUB CAR CARRY -ALL TURF A 2198 461048-154036 60 670 10/01/10 1,350.00 0.00 2007 CLUB CAR CARRY ALL TURF A 2199 HG0740-818625 60 670 10/01/07 1,350.00 0.00 1999 CLUB CAR CARRY ALL TURF 2 A 2201 XG9943-820031 60 670 10/01/99 1,350.00 0.00 CARRY ALL 11 1997 GASOLINE CUB CAR W/ 9. A 606 EG9747-624265 60 670 07/31/97 4,655.00 0.00 KUBOTATRACTOR-LOADER-BACKHOE-BUCKET A 1218 81603 60 672 08/20/02 20,755.00 0.00 KUBOTA BACKHOE A 798 L2650-10056 60 672 12/31/91 15,500.00 0.00 GREENSMASTER 3250 TRIPLEX RIDING MOWER W A 1388 240001136 60 673 12/13/04 20,358.00 0.00 VERSA -GREEN 1860PS GREENSMOWER A 1883 60 673 09/30/08 15,195.00 0.00 CUTTING UNIT GREENSMOWER (3) A 1884 60 673 09/30/08 2,949.75 0.00 RYAN MODEL 544283 MATAWAY HAND VERTICUTT A 785 91109-507075 60 673 12/31/91 2,783.00 0.00 RYAN MODEL 544844SOD CUTTER A 786 91109-504402 60 673 12/31/91 2,740.00 0.00 THATCHING REEL A 817 60 673 09/30/81 1,235.00 0.00 MUD PUMP A 937 60 676 09/30/99 1,420.00 0.00 2 POST LIFT WITH TURF ADAPTERS A 1455 09860BN19802 60 677 03/18/05 4,595.00 0.00 ICE - 0 - MATIC S/S 1109/811 A 1882 06101280014699 60 677 06/20/08 2,467.40 0.00 1000 EXPRESS DUAL REEL GRINDER A 2030 60 677 08/08/10 2,750.00 0.00 2000 ANGLE MASTER AUTOMATIC G RI NDER A 2031 ED1000/9983 60 677 08/08/10 2,250.00 0.00 WESTERN EQUIPMENT HYDRAULIC LIFT A 809 23525 60 677 01/31/88 750.00 0.00 MTDS TIRE CHANGER 8"" RIM A 814 2526586 60 677 01/31/90 500.00 0.00 JOHN DEERE TRACTOR A 231 CD4239T944903 60 673 01/31/90 38,795.00 100.00 TORO REELMASTER 5 GANG ROUGH MOWER A 33455-21000243 60 673 09/09/14 100.00 100.00 1991 TORO PARKMASTER TRACTOR - RECONDITI A 1981 33677-60177 60 673 12/20/09 10,000.00 333.33 TORO GREENSMASTER 3150 A 2109 311001209 60 673 10/25/11 23,406.00 9,362.40 VIBRATOROY PLOW A 2165 330122 60 673 05/01/13 7,100.00 5,088.33 TAYLOR -WAY DUMP TRAILER A 2065 900145908 60 681 11/30/10 4,699.00 1,018.12 252,985.15 52,846.98 HOME OF PELICAN 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 September 25, 2014 Greg A. Plotner, CGCS Executive Vice President International Golf Maintenance 8390 Champions Gate Blvd., Suite 200 Champions Gate, FL 33896-8312 Dear Mr. Plotner: This is to advise, that at their Regular City Council Meeting, held on Wednesday, September 24, 2014, members of the Sebastian City Council approved the Agreement between the City of Sebastian and International Golf Maintenance, Inc., to furnish all materials, equipment, labor, supervision and services necessary to complete the work in respect to maintenance at the Sebastian Municipal Golf Course. As stipulated in the Agreement, you are required to submit a Performance Bond in the amount of $150,000 and Liability and Worker's Compensation Insurance Certificates, in the amounts designated in the Agreement. Upon the receipt of these documents, a signed Agreement will be forwarded to you for final execution. In the meantime, if you should have any questions or concern, please feel free to contact the office of the City Manager, at 772-388-8200. Sincerely, Jean M. Tarbell Executive Assistant