Steckler Antonacci - JCD WPB Golf - No Bid
The complaint filed with the Palm Beach Office of Inspector General regarding two years of no-bid contracts awarded to JCD Management.
Content
Monday, April 30, 2012 Palm Beach County Office of Inspector General c/o Inspector General Sheryl Steckler Director of Investigations Donald Balberchak P.O. Box 16568 West Palm Beach, FL 33416
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Timothy "Chaz" Stevens PO Box 1123 Deerfield Beach, FL 33443 RE: Complaint against the City of West Palm Beach Executive Summary: Illegal Two (2) Years Non-Compete Contract Award of $153,000 to JCD Management by West Palm Beach City Commissioners and Golf Commissioner Sharon Painter Dear Madam and Sirs; The City of West Palm Beach issued RFP 031/04-119 for Golf Course Management in June 2004. On October 4, 2004 the City awarded the contract to JCD Management from October 1, 2004-September 30, 2008; with the option to renew for three (3) years; which was approved from October 1, 2008-September 30, 2011. The City Commissioners, City Attorneys and Golf Commissioner Sharon Painter, conspired to violate the City’s Procurement Policy and F.S. 287.057 (13); by extending JCD Management contract from June 10, 2011-September 2013, which legally was to expire September 30, 2011. F.S. 287.057 (13) prohibits a contract extension beyond six (6) months. The extension approved by the elected body on June 10, 2011 is for two (2) years, three (3) months and twenty (20) days. F.S. 838.22(2) Criminal BID Tampering- Prohibits the circumventing of competitive procurement by public employees, appointees and elected official to award a sole source contract for the financial gains of others. The no-bid contract award to JCD Management of $153,000 violates the City’s Procurement Policy; the City’s policy requires all awards from $25,000 and above to be competitively bid.
CC: 15th Judicial Circuit State Attorney c/o State Attorney Peter Antonacci Assistant State Attorney Paul Zacks Chief Inspector Mike Waites 401 North Dixie Highway West Palm Beach, Florida 33401
Page 2
The City’s rationale is that JCD voluntarily reduced their annual award by fifteen (15%) percent: from $176, 500 to $153,000. So what? Mayor Jeri Muio, Attorney Claudia McKenna, City Administrator Ed Mitchell, Elected Officials, and Painter had no way of knowing, that if they adhere to the City’s procurement policy and F.S. 287.057, that a competitor of JCD Management would not have offered an annual rate lower than JCD’s fifteen (15%) percent reduction; which was negotiated outside of the sunshine and violates F.S. 286.011.
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Enclosures: (2) I. II.
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The City also failed to publicly notice the negotiations, and record negotiation minutes as required in F.S. 286.011. The conspiracy circumvented the competitive bid process, and criminally violates Please review all emails to and from JCD Management, Painter, Deputy City Attorney Nancy D. Urbeck, City Attorney Claudia McKenna, Commissioners (James, Moss, Moffet, Mitchell, Robinson), City Administrator Ed Mitchell, Purchasing Director and Mayor Jerri Muoio. Given this, I respectfully request the Palm Beach County State Attorney’s Office thoroughly investigates this allegation and to the extent permitted by State or local law or regulations, any and all penalties, sanctions, or other disciplinary actions for violations of such standards be applied forthwith. I stand ready to assist. Happy hunting; Timothy “Chaz” Stevens 818-468-5433 Memo from Nancy D. Urcheck re: JCD Golf Reduction and Renewal Amendment to Golf Course Management Agreement
MEMO
OFFICE OF THE CITY ATTORNEY
To: From: Date: Matter No: Dept. Re:
Jeri Muoio, Mayor Nancy D. Urcheck, Deputy City Att June U )
00510.002
. 2011
JCD Golf; Golf Course Mgmt; Amd X; Reduction & Renewal
Transmitted herewith are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office.
M
ndu
AO
To: Office of the City Clerk The Mayor is authorized to execute the document in accordance with: X The document termination date is*: September 30, 2013 Please take the actions indicated below with respect to these documents: Y Y Nancy D. Urcheck. Deputy City Attorney
Li 0 1 Ljy CI NflP w H 0 A V H 3 H 1 JO 3 0 I J J 0 H0V39 WlVd 1S3M
Procurement Code. Procurement certification is attached. Commission Approval. Resolution No. 81-11
* Note: If this is a work authorization, the termination date of the master agreement may differ.
Attest to the execution of the Agreement by the Mayor. Insert the date of execution beneath the Mayor's signature (if not already dated).
Please retain one original as a public record and forward the other original to:
S
Contract Name:
flours
U f l u w j j e m o n - l
f j o j r i e m - e ^ -
Contract Date: S p j P j - A m f o & r AMENDMENT NO. X CONTRACT REDUCTION & EXTENSION Contract No. O P S I D • Df^2-
THIS AMENDMENT No.X ("Amendment") is entered into by and between the CITY OF WEST PALM BEACH ("City") and _ j Y " b ("Contractor"). WHEREAS, by Resolution No. 81-11, the City Commission authorized the Contract Reduction & Extension Program which allows the extension of certain qualifying contracts in consideration for the reduction in prices and fees; and WHEREAS, the Contractor/Consultant/Provider desire to participate in the Contract Reduction & Extension Program, and in consideration of the foregoing recitals and consideration, the parties desire to renew the contract and hereby agree as follows: 1. Term. The term of the Contract is hereby renewed for an additional Term"), expiring S t f A f y n h e r 3 0 , 3 0 / R . 2. Reduction of Fees & Prices, (mark as appropriate)
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Bv; Print Name: S h a r o n Title: T h ^ v k n - f
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Contractor/Consultant/Provider £ r \ c .
The prices/fees established in the above-referenced Contract shall be reduced by ten percent (10%) and the Contract term will be extended by one (1) year.
The prices/fees established in the above-referenced Contract shall be reduced by fifteen percent (15%) and the Contract term will be extended by two (2) years. A revised fee/price schedule indicating the agreed price reduction is attached as Exhibit A.
3. Estimated Expenditures/ Availability of Funds. The anticipated value of the Contract for this Term shall not OOP &r M Ho.StonM G.Q rJi The City reserves the right to increase or exceed the total sum of $ decrease the anticipated value as necessary to meet actual r e t i r e m e n t s . It is understood and agreed that the City's obligation to pay under this Amendment is contingent upon an annual appropriation for its purposes by the City Commission.
4. Effect of Amendment. Except to the extent the Contract is modified by this Amendment, the terms and provisions of the Contract shall remain unmodified and in full force and effect. In the event of a conflict between the terms of the Contract, as may be previously amended and the terms of this Amendment, the terms of this Amendment shall govern and prevail. CITY OF WEST PALM BEACH
, \*J!h
7 i U r r l i r Attest:
- i d t p
Contract Renewal Form / Contract Reduction & Extension Program 032211
S
yuMiu. thujio
Geraldine Muoio, Mayor CITY ATTORNEY'S OFFICE A p p r o v e d ^ s ^ o ^ r m ^ a n d legal sufficiency
year period ("Program Renewal
AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT
Contract No. 00510.001 Resolution No. G O5-o8
THIS AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT ("Amendment") is entered into by and between the WEST PALM BEACH GOLF COMMISSION, (hereinafter referred to as "Commission") and JCD GOLF, INC., a Florida corporation (the "Manager"). RECITALS
WHEREAS, the term of the Agreement was for four years, through September 30, 2008, with an option to renew for a term of three (3) additional years; and WHEREAS, JCD Golf, Inc., has rendered its services in a satisfactory manner; and
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AGREEMENT
Golf Course Management - Amd. JCD Golf 080608
WHEREAS, the renovation of the West Palm Beach Municipal Golf Course is scheduled to occur during 2009; and WHEREAS, JCD Golfs operational knowledge of the Golf Course will be instrumental in ensuring functional renovations; and WHEREAS, the Golf Course Advisory Committee has recommended that the Agreement with JCD Golf be renewed for the additional term; and WHEREAS, the West Palm Beach Golf Commission desires to enter into an Amendment to extend the term of the Agreement for three additional years;
In consideration of the foregoing recitals, the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Commission and Manager hereby agree as follows: 1. Recitals. Commission and Manager hereby acknowledge and agree that the recitals set forth in this Amendment are true and correct in their entirety. Agreement. All references to "Agreement" shall mean the terms and conditions contained in 2. the Golf Course Management Agreement with JCD Golf, Inc., dated September 30, 2004 (the "Agreement"); and 3. Term. Article 4 of the Agreement is hereby amended to extend the term of the Agreement for three additional years, in accordance with Section 4.2, through September 30, 2011. 4. Scope of Services. Article 6 of the Agreement is hereby amended to increase the scope of services to include: assistance in oversight and project management of the golf course renovation
S
WHEREAS, by Resolution No. G 04-04, the Golf Commission approved the Golf Course Management Agreement with JCD Golf, Inc., dated September 30, 2004 (the "Agreement"); and
project. Compensation and Fees. Section 7.1 of the Agreement is hereby amended to provide that 5. the Golf Commission shall compensate manager for Services performed during the term of this Amendment, on a monthly basis, payable of the first of each month, in the following amounts: October 1, 2008 - April 30, 2009 May 1, 2009 - September 30, 2009 October 1, 2009 - September 30, 2010 October 1, 2010 - September 30, 2011 $7,083 per month ($85,000 per year) $9,083 per month (increase for project management assistance) $7,292 per month ($87,500 per year) $7,500 per month ($90,000 per year)
Construction. In the event of a conflict between the terms of the Agreement and the terms 8. of this Amendment, the terms of this Amendment shall govern and prevail. IN WITNESS WHEREOF, Commission and Manager have executed this Amendment.
AO
ATTEST:
Dated:
City Clerk
M
Golf Course Management - Amd. JCD Golf 080608
Print Name: Title:
S
WEST PALM BEACH GOLF COMMISSION Lois J. Frankel, Presiding Officer
, 2008 CITY ATTORNEY'S OFFICE Approved as tp form and legal sufficiency By:
Effect of Amendment. Except to the extent the Agreement is modified by this Amendment, 6. the terms and provisions of the Agreement shall remain unmodified and in full force and effect.
Date:
K2/-D
MANAGER: JCD GOLF, INC. By:
Gr,x, ^'wwr 4ron /[)atig ^er CEO
2
Client#: 231496
JCDGOL
1
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
0/06/08
DATE(MM/ D
/VYYY)
Wachovia Insurance Services 1555 Palm Beach Lakes Blvd #1200
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
West Palm Beach, FL 33401
888 909-7410
INSURED
INSURERS AFFORDING COVERAGE
INSURER A: Zurich American Insurance Company
NAIC # 16535
JCD Golf, Inc.
INSURER e'. Tudor Insurance Company
INSURER C.
INSURER D: INSURER E'
West Palm Beach Country Club 1300 Park of Commerce, Suite 272 Delray Beach, FL 33445
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 01 HER UOCUMEN f WITH RESPECT TO WHICH THIS CFRTIFICATE MAY HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI I IONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR
CP0288087403
GEN'L AGGREGATE LIMIT APPLIES PER: POLICY A PRO JECT LOC
AUT OMOBILE LIABILITY ANY AUTO
CP0288087403
AO
ALL OWNED AUTOS SCHEDULED AUTOS
X
HIRED AUTOS
X
NON-OWNED AUTOS
GARAGE LIABILITY ANY AUTO
EXCESSfUMBRELLA LIABILITY OCCUR
q CLAIMS MADE
DEDUCTIBLE
RETENTION
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY P ROPRIETOR/PAHTNER/EXECUT IVE OFFICER/MEMBER EXCLUDED?
II yes, describe under
OTHER
M
A
SPECIAL PROVISIONS below
B
Crime Money/Sec Prof Liability
CP0288087403 CP0288087403 SPL0010996
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
West Palm Beach Country Club, 7001 Parker Avenue, West Palm Beach, FL Certificate Holder is named as an Additional Insured. Coverage includes Personal Property of Others for $125,000 with a $2,500 Deductible excluding Wind/Hail. Inland Marine Scheduled Golf Maintenance Equipment $790,221; 80 Golf Carts $320,000; $5,000 (See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -10 DAYS WRITTEN
West Palm Beach Golf Commission and City of West Palm Beach 1000 45th Street Suite 7 West Palm Beach, FL 33407
ACORD 25 (2001/08) 1 of 3
#S1386003/M1386000
S
10/01/07 10/01/08 EACHOCCURRENCF
PAMAGE TU RLNIED MED FXP (Any one person)
D' INSR LTR NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE _DATE MMIDD/YY
POLICY EXPIRATION DATE MM/DD Y
LIMITS
S1 000 000
S1,000,000
s5,000
PERSONAL & ADV INJURY GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
$1 , 000 , 000 s2 , 000 , 000 s2 , 000 , 000
10/01/07
10/01/08
COMBINED SINGLE LIMIT (Ea accident)
$1,000,000
$
BODILY INJURY (Per )erson)
BODII Y INJURY (Peraccident)
PROPERTY DAMAGE (Per acondent) AU 1 O ONLY - FA ACCIDENT OTHER 1 HAN AUTO ONLY EACH OCCURRENCE EA ACC AGG
$
S $
S
S $
AGGREGATE
S $ WC STATUS TORY LIMITS CE " T"
E.L. EACH ACCIDENT
$
F.I. DISEASE - EA EMPLOYEE $ E.L. UISEASF - POLICY LIMIT S
10101/07 10/01/07 10/01/07
10/01/08 10/01/08 10/01/08
$500,000/$500 Ded $15,000/$2500 Ded $1,000,000/$7,500 Ded
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. _ AUTHORIZED REPRESENTATIVE
AWR01
o ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
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ACORD 25-S (2001/08) 2 of 3 #51386003/M1386000
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DISCLAIMER
DESCRIPTIONS (Continued from Page 1)
Deductible/$125,000 Named Storm Wind/Hail Deductible
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AMS 25.3 (2001108)
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3 of 3 #51386003/M1386000
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Timothy "Chaz" Stevens PO Box 1123 Deerfield Beach, FL 33443 RE: Complaint against the City of West Palm Beach Executive Summary: Illegal Two (2) Years Non-Compete Contract Award of $153,000 to JCD Management by West Palm Beach City Commissioners and Golf Commissioner Sharon Painter Dear Madam and Sirs; The City of West Palm Beach issued RFP 031/04-119 for Golf Course Management in June 2004. On October 4, 2004 the City awarded the contract to JCD Management from October 1, 2004-September 30, 2008; with the option to renew for three (3) years; which was approved from October 1, 2008-September 30, 2011. The City Commissioners, City Attorneys and Golf Commissioner Sharon Painter, conspired to violate the City’s Procurement Policy and F.S. 287.057 (13); by extending JCD Management contract from June 10, 2011-September 2013, which legally was to expire September 30, 2011. F.S. 287.057 (13) prohibits a contract extension beyond six (6) months. The extension approved by the elected body on June 10, 2011 is for two (2) years, three (3) months and twenty (20) days. F.S. 838.22(2) Criminal BID Tampering- Prohibits the circumventing of competitive procurement by public employees, appointees and elected official to award a sole source contract for the financial gains of others. The no-bid contract award to JCD Management of $153,000 violates the City’s Procurement Policy; the City’s policy requires all awards from $25,000 and above to be competitively bid.
CC: 15th Judicial Circuit State Attorney c/o State Attorney Peter Antonacci Assistant State Attorney Paul Zacks Chief Inspector Mike Waites 401 North Dixie Highway West Palm Beach, Florida 33401
Page 2
The City’s rationale is that JCD voluntarily reduced their annual award by fifteen (15%) percent: from $176, 500 to $153,000. So what? Mayor Jeri Muio, Attorney Claudia McKenna, City Administrator Ed Mitchell, Elected Officials, and Painter had no way of knowing, that if they adhere to the City’s procurement policy and F.S. 287.057, that a competitor of JCD Management would not have offered an annual rate lower than JCD’s fifteen (15%) percent reduction; which was negotiated outside of the sunshine and violates F.S. 286.011.
M
Enclosures: (2) I. II.
AO S
The City also failed to publicly notice the negotiations, and record negotiation minutes as required in F.S. 286.011. The conspiracy circumvented the competitive bid process, and criminally violates Please review all emails to and from JCD Management, Painter, Deputy City Attorney Nancy D. Urbeck, City Attorney Claudia McKenna, Commissioners (James, Moss, Moffet, Mitchell, Robinson), City Administrator Ed Mitchell, Purchasing Director and Mayor Jerri Muoio. Given this, I respectfully request the Palm Beach County State Attorney’s Office thoroughly investigates this allegation and to the extent permitted by State or local law or regulations, any and all penalties, sanctions, or other disciplinary actions for violations of such standards be applied forthwith. I stand ready to assist. Happy hunting; Timothy “Chaz” Stevens 818-468-5433 Memo from Nancy D. Urcheck re: JCD Golf Reduction and Renewal Amendment to Golf Course Management Agreement
MEMO
OFFICE OF THE CITY ATTORNEY
To: From: Date: Matter No: Dept. Re:
Jeri Muoio, Mayor Nancy D. Urcheck, Deputy City Att June U )
00510.002
. 2011
JCD Golf; Golf Course Mgmt; Amd X; Reduction & Renewal
Transmitted herewith are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office.
M
ndu
AO
To: Office of the City Clerk The Mayor is authorized to execute the document in accordance with: X The document termination date is*: September 30, 2013 Please take the actions indicated below with respect to these documents: Y Y Nancy D. Urcheck. Deputy City Attorney
Li 0 1 Ljy CI NflP w H 0 A V H 3 H 1 JO 3 0 I J J 0 H0V39 WlVd 1S3M
Procurement Code. Procurement certification is attached. Commission Approval. Resolution No. 81-11
* Note: If this is a work authorization, the termination date of the master agreement may differ.
Attest to the execution of the Agreement by the Mayor. Insert the date of execution beneath the Mayor's signature (if not already dated).
Please retain one original as a public record and forward the other original to:
S
Contract Name:
flours
U f l u w j j e m o n - l
f j o j r i e m - e ^ -
Contract Date: S p j P j - A m f o & r AMENDMENT NO. X CONTRACT REDUCTION & EXTENSION Contract No. O P S I D • Df^2-
THIS AMENDMENT No.X ("Amendment") is entered into by and between the CITY OF WEST PALM BEACH ("City") and _ j Y " b ("Contractor"). WHEREAS, by Resolution No. 81-11, the City Commission authorized the Contract Reduction & Extension Program which allows the extension of certain qualifying contracts in consideration for the reduction in prices and fees; and WHEREAS, the Contractor/Consultant/Provider desire to participate in the Contract Reduction & Extension Program, and in consideration of the foregoing recitals and consideration, the parties desire to renew the contract and hereby agree as follows: 1. Term. The term of the Contract is hereby renewed for an additional Term"), expiring S t f A f y n h e r 3 0 , 3 0 / R . 2. Reduction of Fees & Prices, (mark as appropriate)
M
Bv; Print Name: S h a r o n Title: T h ^ v k n - f
AO
Contractor/Consultant/Provider £ r \ c .
The prices/fees established in the above-referenced Contract shall be reduced by ten percent (10%) and the Contract term will be extended by one (1) year.
The prices/fees established in the above-referenced Contract shall be reduced by fifteen percent (15%) and the Contract term will be extended by two (2) years. A revised fee/price schedule indicating the agreed price reduction is attached as Exhibit A.
3. Estimated Expenditures/ Availability of Funds. The anticipated value of the Contract for this Term shall not OOP &r M Ho.StonM G.Q rJi The City reserves the right to increase or exceed the total sum of $ decrease the anticipated value as necessary to meet actual r e t i r e m e n t s . It is understood and agreed that the City's obligation to pay under this Amendment is contingent upon an annual appropriation for its purposes by the City Commission.
4. Effect of Amendment. Except to the extent the Contract is modified by this Amendment, the terms and provisions of the Contract shall remain unmodified and in full force and effect. In the event of a conflict between the terms of the Contract, as may be previously amended and the terms of this Amendment, the terms of this Amendment shall govern and prevail. CITY OF WEST PALM BEACH
, \*J!h
7 i U r r l i r Attest:
- i d t p
Contract Renewal Form / Contract Reduction & Extension Program 032211
S
yuMiu. thujio
Geraldine Muoio, Mayor CITY ATTORNEY'S OFFICE A p p r o v e d ^ s ^ o ^ r m ^ a n d legal sufficiency
year period ("Program Renewal
AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT
Contract No. 00510.001 Resolution No. G O5-o8
THIS AMENDMENT TO GOLF COURSE MANAGEMENT AGREEMENT ("Amendment") is entered into by and between the WEST PALM BEACH GOLF COMMISSION, (hereinafter referred to as "Commission") and JCD GOLF, INC., a Florida corporation (the "Manager"). RECITALS
WHEREAS, the term of the Agreement was for four years, through September 30, 2008, with an option to renew for a term of three (3) additional years; and WHEREAS, JCD Golf, Inc., has rendered its services in a satisfactory manner; and
M
AO
AGREEMENT
Golf Course Management - Amd. JCD Golf 080608
WHEREAS, the renovation of the West Palm Beach Municipal Golf Course is scheduled to occur during 2009; and WHEREAS, JCD Golfs operational knowledge of the Golf Course will be instrumental in ensuring functional renovations; and WHEREAS, the Golf Course Advisory Committee has recommended that the Agreement with JCD Golf be renewed for the additional term; and WHEREAS, the West Palm Beach Golf Commission desires to enter into an Amendment to extend the term of the Agreement for three additional years;
In consideration of the foregoing recitals, the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Commission and Manager hereby agree as follows: 1. Recitals. Commission and Manager hereby acknowledge and agree that the recitals set forth in this Amendment are true and correct in their entirety. Agreement. All references to "Agreement" shall mean the terms and conditions contained in 2. the Golf Course Management Agreement with JCD Golf, Inc., dated September 30, 2004 (the "Agreement"); and 3. Term. Article 4 of the Agreement is hereby amended to extend the term of the Agreement for three additional years, in accordance with Section 4.2, through September 30, 2011. 4. Scope of Services. Article 6 of the Agreement is hereby amended to increase the scope of services to include: assistance in oversight and project management of the golf course renovation
S
WHEREAS, by Resolution No. G 04-04, the Golf Commission approved the Golf Course Management Agreement with JCD Golf, Inc., dated September 30, 2004 (the "Agreement"); and
project. Compensation and Fees. Section 7.1 of the Agreement is hereby amended to provide that 5. the Golf Commission shall compensate manager for Services performed during the term of this Amendment, on a monthly basis, payable of the first of each month, in the following amounts: October 1, 2008 - April 30, 2009 May 1, 2009 - September 30, 2009 October 1, 2009 - September 30, 2010 October 1, 2010 - September 30, 2011 $7,083 per month ($85,000 per year) $9,083 per month (increase for project management assistance) $7,292 per month ($87,500 per year) $7,500 per month ($90,000 per year)
Construction. In the event of a conflict between the terms of the Agreement and the terms 8. of this Amendment, the terms of this Amendment shall govern and prevail. IN WITNESS WHEREOF, Commission and Manager have executed this Amendment.
AO
ATTEST:
Dated:
City Clerk
M
Golf Course Management - Amd. JCD Golf 080608
Print Name: Title:
S
WEST PALM BEACH GOLF COMMISSION Lois J. Frankel, Presiding Officer
, 2008 CITY ATTORNEY'S OFFICE Approved as tp form and legal sufficiency By:
Effect of Amendment. Except to the extent the Agreement is modified by this Amendment, 6. the terms and provisions of the Agreement shall remain unmodified and in full force and effect.
Date:
K2/-D
MANAGER: JCD GOLF, INC. By:
Gr,x, ^'wwr 4ron /[)atig ^er CEO
2
Client#: 231496
JCDGOL
1
ACORD,. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER
0/06/08
DATE(MM/ D
/VYYY)
Wachovia Insurance Services 1555 Palm Beach Lakes Blvd #1200
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
West Palm Beach, FL 33401
888 909-7410
INSURED
INSURERS AFFORDING COVERAGE
INSURER A: Zurich American Insurance Company
NAIC # 16535
JCD Golf, Inc.
INSURER e'. Tudor Insurance Company
INSURER C.
INSURER D: INSURER E'
West Palm Beach Country Club 1300 Park of Commerce, Suite 272 Delray Beach, FL 33445
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 01 HER UOCUMEN f WITH RESPECT TO WHICH THIS CFRTIFICATE MAY HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI I IONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR
CP0288087403
GEN'L AGGREGATE LIMIT APPLIES PER: POLICY A PRO JECT LOC
AUT OMOBILE LIABILITY ANY AUTO
CP0288087403
AO
ALL OWNED AUTOS SCHEDULED AUTOS
X
HIRED AUTOS
X
NON-OWNED AUTOS
GARAGE LIABILITY ANY AUTO
EXCESSfUMBRELLA LIABILITY OCCUR
q CLAIMS MADE
DEDUCTIBLE
RETENTION
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY P ROPRIETOR/PAHTNER/EXECUT IVE OFFICER/MEMBER EXCLUDED?
II yes, describe under
OTHER
M
A
SPECIAL PROVISIONS below
B
Crime Money/Sec Prof Liability
CP0288087403 CP0288087403 SPL0010996
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
West Palm Beach Country Club, 7001 Parker Avenue, West Palm Beach, FL Certificate Holder is named as an Additional Insured. Coverage includes Personal Property of Others for $125,000 with a $2,500 Deductible excluding Wind/Hail. Inland Marine Scheduled Golf Maintenance Equipment $790,221; 80 Golf Carts $320,000; $5,000 (See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -10 DAYS WRITTEN
West Palm Beach Golf Commission and City of West Palm Beach 1000 45th Street Suite 7 West Palm Beach, FL 33407
ACORD 25 (2001/08) 1 of 3
#S1386003/M1386000
S
10/01/07 10/01/08 EACHOCCURRENCF
PAMAGE TU RLNIED MED FXP (Any one person)
D' INSR LTR NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE _DATE MMIDD/YY
POLICY EXPIRATION DATE MM/DD Y
LIMITS
S1 000 000
S1,000,000
s5,000
PERSONAL & ADV INJURY GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
$1 , 000 , 000 s2 , 000 , 000 s2 , 000 , 000
10/01/07
10/01/08
COMBINED SINGLE LIMIT (Ea accident)
$1,000,000
$
BODILY INJURY (Per )erson)
BODII Y INJURY (Peraccident)
PROPERTY DAMAGE (Per acondent) AU 1 O ONLY - FA ACCIDENT OTHER 1 HAN AUTO ONLY EACH OCCURRENCE EA ACC AGG
$
S $
S
S $
AGGREGATE
S $ WC STATUS TORY LIMITS CE " T"
E.L. EACH ACCIDENT
$
F.I. DISEASE - EA EMPLOYEE $ E.L. UISEASF - POLICY LIMIT S
10101/07 10/01/07 10/01/07
10/01/08 10/01/08 10/01/08
$500,000/$500 Ded $15,000/$2500 Ded $1,000,000/$7,500 Ded
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. _ AUTHORIZED REPRESENTATIVE
AWR01
o ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
M
ACORD 25-S (2001/08) 2 of 3 #51386003/M1386000
AO
S
DISCLAIMER
DESCRIPTIONS (Continued from Page 1)
Deductible/$125,000 Named Storm Wind/Hail Deductible
M
AMS 25.3 (2001108)
AO
3 of 3 #51386003/M1386000
S
