20-3163 Golf Course Management Agreement with Cypress Golf Management, LLC

Home Browse Search

City of Casselberry I Procurement and Contract Management Division 95 Triplet Lake Drive, Casselberry, Florida 32707 Phone: 407-262-7700, Ext. 1142 ( procurement@casselberry.org SG -2020-0643 Golf Course Management Services C. Owner's Review. CONTRACTOR's services herein shall include management and oversight of the turn- key accounting function as set forth in Section 50 item 4) A) Paragraph 4) a, and upon reasonable notice (which may be verbal), representatives of CITY shall have the right, at any time during normal business hours, to review all of CONTRACTOR's books and records including the general ledger, accounts payable, income statement, balance sheet, and budget variance reports relating to the Club including, without limitation, CONTRACTOR's work papers related to CONTRACTOR's preparation of operating statements. All expenses related to any such review shall be exclusively borne by CITY for purpose of this Agreement, unless such review reveals an overpayment of any fees or other amounts, in which case CONTRACTOR shall pay for the review. CITY's exercise of its right of review or to dispute any fee or expense reimbursement claimed by CONTRACTOR shall not delay payment of the undisputed portion thereof by CITY within the time frames set forth herein. However, payment by CITY of a fee or other amount hereunder shall not constitute a waiver of CITY's right to subsequently dispute the amount thereof. If CITY determines that any portion of the Base Management Fee or any other amount was improperly paid to CONTRACTOR, CONTRACTOR shall refund such improperly paid fee together with interest thereon from the time when such fee was paid to CONTRACTOR within five (5) business days after receipt of notice from CITY to CONTRACTOR. If there is any dispute between the parties regarding whether or not any payments of the Base Management Fee or any other amount were proper, such disputes shall be resolved by a court of competent jurisdiction as set forth in Section 50. SECTION 6 WARRANTY CONTRACTOR warrants that the Services will be performed in a professional and workmanlike manner consistent with applicable industry standards. This warranty will be in effect for a period of ninety days (90) from the completion of the applicable Services (the "Warranty Period"). If during the Warranty Period, the CONTRACTOR receives written notice from CITY of a breach of Warranty, the CONTRACTOR will, at its sole expense, promptly re -perform any Services that fail to meet this limited warranty or refund to the CITY the fees paid for the non -conforming Services at the CITY's option. SECTION 7 APPLICABLE LICENSING The CONTRACTOR, at its sole expense, shall obtain and maintain all required federal, state, and local licenses, occupational and otherwise, required to successfully provide the services set forth herein. SECTION 8 STANDARD OF CARE The CONTRACTOR represents that all personnel employed or subcontracted, possess all necessary training, experience, licenses and permits to perform the Services, and that its performance of the Services will conform to the standard of practice of a professional that specializes in performing professional services of like nature and complexity of the Services. By executing this Agreement, the CONTRACTOR agrees to perform the services requested in an efficient manner, consistent with the CITY's stated Scope of Services and industry standards. SECTION 9 TERMINATION FOR CONVENIENCE The CITY may at any time give ninety (90) days written notice to the CONTRACTOR of the termination of this Agreement, in whole or in part, for the CITY's convenience without cause. PUR-F-405 3 10/2019