HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-138Temp. Reso. #12892
10/27/16
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CITY OF TAMARAC, FLORIDA
3
RESOLUTION NO. R-2016-jg
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 17-01 B
AND EXECUTE AN AGREEMENT WITH R.J. SULLIVAN
CORP., FOR THE AQUATIC CENTER PUMPING SYSTEM
IMPROVEMENTS PROJECT, FOR AN AMOUNT NOT TO
EXCEED $367,500; A CONTINGENCY AMOUNT OF $22,500
WILL BE ADDED TO THE PROJECT ACCOUNT FOR A
TOTAL PROJECT BUDGET OF $390,000; AUTHORIZING AN
EXPENDITURE OF $367,500 PLUS CONTINGENCY OF
$22,500; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac desires to provide its residents and visitors a
higher level of service by enhancing and improving its outdoor recreation facilities and
environment; and
WHEREAS, the Caporella Aquatic Center opened in the spring of 2007; and
WHEREAS, the facility has become a very popular destination for residents and
visitors alike; and
and
WHEREAS, the facility is used for swim lessons, recreational swimming, and more;
WHEREAS, the pumps and controllers used to operate both the main pool and the
activity pool are nearing their useful life expectancy; and
WHEREAS, the City published Invitation to Bid No. 17-01 B for the Aquatic
Center Pumping System Improvements Project on October 2, 2016; and
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WHEREAS, Bid #17-01 B, including all addendums, is incorporated by reference
and available in the Office of the City Clerk; and
WHEREAS, the City received four (4) responses, and examined responses from
Reliable Pool Contractors, Inc., Sammet Pools, Inc., R.J. Sullivan Corp. and TCS
Contracting Corp.; and
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 1"; and
WHEREAS, bids from Reliable Pool Contractors, Inc., and Sammet Pools, Inc. were
not responsive to the City's requirements due to omissions in their bid submittals; and
WHEREAS, the bid from R.J. Sullivan Corp., was deemed the most responsive and
responsible bidder, a copy of said Bid is incorporated by reference and available in the
Office of the City Clerk; and
WHEREAS, the City of Tamarac has drafted a contract with R.J. Sullivan, for their
services at the bid price not to exceed $367,500, plus a contingency amount of $22,500,
for a total project budget of $390,000, attached hereto as "Exhibit 2"; and
WHEREAS, it is the recommendation of the Director of Parks and Recreation and
the Purchasing and Contracts Manager that Bid No. 17-01 B and the contract for the
Aquatic Center Pumping System Improvement Project be awarded to R.J. Sullivan Corp.;
and
WHEREAS, the City Manager, or his designee, shall be authorized to make
changes, issue Change Orders pursuant to Section 6-1470) of the City Code, and close the
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contract award including, but not limited to making final payment and release of any bonds
when the work has been successfully completed within the terms and conditions of the
contract and within the price; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to award Bid No. 17-
01 B entitled "Aquatic Center Pumping System Improvements" to R.J. Sullivan Corp., and
execute an Agreement attached hereto as "Exhibit 2", for an amount not to exceed
$367,500, and a contingency allowance will be added to this project to be used only on an
as -need basis.
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. All exhibits attached hereto are hereby incorporated
herein by this reference.
SECTION 2: R.J. Sullivan Corp., is awarded Bid No. 17-01 B for the Aquatic Center
Pumping System Improvements Project at a cost of $367,500.00, and a contingency in the
amount of $22,500.00, for a total budget of $390,000.
Temp. Reso. #12892
10/27/16
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SECTION 3: The appropriate City officials are hereby authorized to execute an
Agreement between the City of Tamarac and R.J. Sullivan Corp., in the bid amount of
$367,500.00, for the Aquatic Center Pumping Systems Improvement Project, attached
hereto as "Exhibit 2", and a contingency allowance will be added to this project to be used
only on an as -needed basis.
SECTION 4: That funding will be available in the appropriate Parks and Recreation
Accounts.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: 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 7: This Resolution shall become effective immediately upon its passage
and adoption.
1
Temp. Reso. #12892
10/27/16
/ Page 5
PASSED, ADOPTED AND APPROVED this t7 day of , 2016.
FAT W �;j'
1 .
MAYOR
ATTEST:
PATRICIA TEUFEL, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMU L S. GOREN
CITY ATTORNEY
1
Temp. Reso. #12892 - Exhibit 1
Senior Procurement Officer
10/28/2016
AndrewJ. Rozwadowski
Aquatic Center Pumping System Improvements Project
BETWEEN THE CITY OF TAMARAC
F-1V 191
R. J. SULLIVAN CORP.
THIS AGREEMENT is made and entered into this day of c.zas7%t, 2016
by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and R. J. SULLIVAN
CORP., a Florida corporation with principal offices located at 2001 NW 22ND ST
POMPANO BEACH, FL 33069 (the "Contractor") to provide for the Aquatic Center
Pumping System Improvements Project.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, Bid Document No. 17-01 B -
Aquatic Center Pumping System Improvements Project, including all conditions therein,
(General Terms and Conditions, Special Conditions and/or Special Provisions),
drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included
herein, and all modifications issued after execution of this Agreement. These contract
documents form the Agreement, and all are as fully a part of the Agreement as if
attached to this Agreement or repeated therein. In the event that there is a conflict
between Bid No. 17-01 B as issued by the City, and the Contractor's Proposal, Bid No.
17-01 B as issued by City shall take precedence over the Contractor's Proposal.
Furthermore, in the event of a conflict between this document and any other Contract
Documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to complete the scope of work, as outlined in the
contract documents.17-01 B
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
Aquatic Center Pumping System improvements Project — Agreement
notice prior to the beginning of work under this Agreement and prior
to any schedule change with the exception of changes caused by
inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement shall be commenced
after City execution of the Agreement and not later than ten (10) days after
the date that Contractor receives the City's Notice to Proceed. The work
shall be completed within 150 days from issuance of City's Notice to
Proceed, subject to any permitted extensions of time under the Contract
Documents. For the purposes of this Agreement, completion shall mean
the issuance of final payment.
4.2 During the pre -construction portion of the work hereunder, the parties
agree to work diligently and in good faith in performing their obligations
hereunder, so that all required permits for the construction portion of the
work may be obtained by the City in accordance with the Schedule
included in the Contract Documents. In the event that any delays in the
Aquatic Center Pumping System Improvements Project — Agreement
pre -construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition
costs.
5) Contract Sum
The Contract Sum for the above work is Three Hundred Sisty Seven Thousand
Five Hundred Dollars and Zero cents ($367,500.00).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. The Contractor shall invoice the City and provide a
written request to the City to commence the one (1) year warranty period. All necessary
Releases of Liens and Affidavits and approval of Final Payments shall be processed
before the warranty period begins. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part VII, Chapter 218.
7) Remedies
7.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in accordance
with the requirements of this Agreement, or for losses sustained by the City resultant
from the Contractor's failure to perform in accordance with the requirements of this
Agreement.
7.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the work
exhibits poor workmanship, the City reserves the right to require that the Contractor
correct all deficiencies in the work to bring the work into conformance without additional
cost to the City, and / or replace any personnel who fail to perform in accordance with
the requirements of this Agreement. The City shall be the sole judge of non-
conformance and the quality of workmanship.
8) Change Orders
8.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered necessary or
desirable to complete the proposed construction in a satisfactory manner. The
Contractor shall not start work pursuant to a change order until the change order setting
forth the adjustments is approved by the City, and executed by the City and Contractor.
Once the change order is so approved, the Contractor shall promptly proceed with the
Aquatic Center Pumping System improvements Project — Agreement
work. All Change Orders shall include overhead and profit, not to exceed five percent
(5%) and five percent (5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All duties,
responsibilities and obligations assigned to or undertaken by the Contractor shall be at
Contractor's expense without change in the Contract Price or Time except as approved
in writing by the City.
8.3 The Contract Price and/or Time may only be changed by a Change Order. A fully
executed change order for any extra work must exist before such extra work is begun.
Any claim for an increase or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other party promptly (but in no
event later than 15 days) after the occurrence of the event giving rise to the claim and
stating the general nature of the claim. The amount of the claim with supporting data
shall be delivered (unless the City allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accompanied by claimant's written
statement that the amount claimed covers all known amounts to which the claimant is
entitled as a result of the occurrence of said event. No claim for an adjustment in the
Contract Price will be valid if not submitted in accordance with this Paragraph.
8.4 The Contract Time may only be changed by a Change Order. A fully executed
change order must exist prior to extension of the contract time.
8.5 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15) days
after the occurrence of the event giving rise to the claim. Notice of the extent of the
claim shall be delivered with supporting data and stating the general nature of the claim.
Contractor hereby agrees to waive rights to recover any lost time or incurred costs from
delays unless Contractor has given the notice and the supporting data required by this
Paragraph.
8.6 Extensions of time shall be considered and will be based solely upon the effect of
delays to the work as a whole. Extensions of time shall not be granted for delays to the
work, unless the Contractor can clearly demonstrate that such delays did or will, in fact,
delay the progress of work as a whole. Time extensions shall not be allowed for delays
to parts of the work that are not on the critical path of the project schedule. Time
extensions shall not be granted until all float or contingency time, at the time of delay,
available to absorb specific delays and associated impacts is used.
8.7 In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change order has not
been issued, the City reserves the right at its sole option to terminate the contract as it
applies to these items in question and make such arrangements as the City deems
necessary to complete the work. The cost of any work covered by a change order for an
increase or decrease in the contract price shall be determined by mutual acceptance of
a Guaranteed Maximum Price by the City and Contractor. If notice of any change in the
contract or contract time is required to be given to a surety by the provisions of the
bond, the giving of such notice shall be the Contractor's responsibility, and the amount
of each applicable bond shall be adjusted accordingly. The Contractor shall furnish
Aquatic Center Pumping System Improvements Project — Agreement
proof of such adjustment to the City Failure of the Contractor to obtain such approval
from the Surety may be a basis for termination of this Contract by the City.
9) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR
DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE
MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY
DELAYS. Contractor shall not be entitled to an increase in the construction cost or
payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages including but no limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not preclude recovery of
damages by Contractor for hindrances or delays due solely to fraud, bad faith or active
interference on the part of City or its agents. In addition, if Contractor is delayed at any
time in the progress of the Work by an act or neglect of the City's employees, or
separate contractors employed by the City, or by changes ordered in the Work, or by
delay authorized by the City pending arbitration, then the Contract Time shall be
reasonably extended by Change Order, and the Guaranteed Maximum Price shall be
reasonably increased by Change Order in order to equitably increase the general
conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is
delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in
deliveries, adverse weather conditions not reasonably anticipated, unavoidable
casualties or other causes beyond the Contractor's control, or by other causes which
the City and Contractor agree may justify delay, then the Contract Time shall be
reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting
delay, in accordance with and to that extent specifically provided above. No extension
of time shall be granted for delays resulting from normal weather conditions prevailing in
the area as defined by the average of the last ten (10) years of weather data as
recorded by the United States Department of Commerce, National Oceanic and
Atmospheric Administration at the Fort Lauderdale Weather Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted
by all suppliers, subcontractors, and/or Contractors who worked on the project that is
the subject of this Agreement. Payment of the invoice and acceptance of such payment
by the Contractor shall release City from all claims of liability by Contractor in
connection with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible
for any damages caused by defect to affected area or to interior structure. The one (1)
Aquatic Center Pumping System Improvements Project — Agreement
year warranty period does not begin until approval of final payment for the entire project,
and the subsequent release of any Performance or Payment Bonds, which may be
required by the original bid document.
12) Indemnification
12.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting
from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or appointed
officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the
termination hereof.
12.2 The City and Consultant recognize that various provisions of this
Agreement, including but not limited to this Section, provide for
indemnification by the Consultant and requires a specific consideration be
given there for. The Parties therefore agree that the sum of Ten Dollars
and 00/100 ($10.00), receipt of which is hereby acknowledged, is the
specific consideration for such indemnities, and the providing of such
indemnities is deemed to be part of the specifications with respect to the
services to be provided by Consultant. Furthermore, the City and
Consultant understand and agree that the covenants and representations
relating to this indemnification provision shall serve the term of this
Agreement and continue in full force and effect as to the City's and the
Consultant's responsibility to indemnify.
12.3 Nothing contained herein is intended nor shall be construed to waive
City's rights and immunities under the common law or Florida Statutes
768.28, as amended from time to time
13) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors
shall not discriminate against any employee or applicant for employment because of
race, color, sex including pregnancy, religion, age, national origin, marital status,
political affiliation, familial status, sexual orientation, gender identity and expression, or
disability if qualified. The Contractor will take affirmative action to ensure that
employees and those of its subcontractors are treated during employment, without
regard to their race, color, sex including pregnancy, religion, age, national origin, marital
status, political affiliation, familial status, sexual orientation, gender identity or
expression, or disability if qualified. Such actions must include, but not be limited to, the
Aquatic Center Pumping System Improvements Project — Agreement
following: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor and its subcontractors
shall agree to post in conspicuous places, available to its employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause. The Contractor further agrees that he/she will ensure
that all subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
14) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
15) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not
be subcontracted without the prior written consent of the city.
16) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Aquatic Center Pumping System Improvements Project — Agreement
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
R. J. SULLIVAN CORP.
2001 NW 22ND ST
POMPANO BEACH, FL 33069
59-1634796
(954) 975-0388
bidding@rjsullivancorp.com
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by City to
the Contractor for such termination in which event the Contractor shall be
paid its compensation for services performed to termination date, including
services reasonably related to termination. In the event that the Contractor
abandons this Agreement or causes it to be terminated, Contractor shall
indemnify the city against loss pertaining to this termination.
17.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
18) Public Records
18.1 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, the Contractor shall:
18.1.1 Keep and maintain public records that ordinarily and necessarily
would be required by the City in order to perform the service;
18.1.2 Provide the public with access to such public records on the same
terms and conditions that the City would provide the records and at
a cost that does not exceed that provided in chapter 119, Fla. Stat.,
or as otherwise provided by law;
Aquatic Center Pumping System Improvements Project — Agreement
18.1.3 Ensure that public records that are exempt or that are confidential
and exempt from public record requirements are not disclosed
except as authorized by law; and
18.1.4 Meet all requirements for retaining public records and transfer to
the City, at no cost, all public records in possession of the
contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and
exempt. All records stored electronically must be provided to the
City in a format that is compatible with the information technology
systems of the agency.
18.2 The failure of Contractor to comply with the provisions set forth in this
Article shall constitute a Default and Breach of this Agreement and the
City shall enforce the Default in accordance with the provisions set forth in
Article 17 "Termination" herein.
19) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
20) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
21) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
22) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
23) Uncontrollable Circumstances
23.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
Aquatic Center Pumping System Improvements Project — Agreement
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
23.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
24) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written
document executed by both the Contractor and the City.
25) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
26) Public Records
26.1 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, the
Contractor shall:
26.1.1 Keep and maintain public records required by the City in order to
perform the service;
26.1.2 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.
Aquatic Center Pumping System Improvements Project — Agreement
26.1.3 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 the contractor does not transfer the
records to the City.
26.1.4 Upon completion of the contract, transfer, at no cost to the City, all
public records in possession of the Contractor, or keep and maintain
public records required by the City to perform the service. If the
Contractor transfers all public records to the City upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided 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.
26.2 During the term of the contract, the Contractor 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. The Contractor
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.
27. PUBLIC RECORDS CUSTODIAN
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'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
Remainder of Page Intentionally Blank
Aquatic Center Pumping System irnprovements Project — Agreement
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, signing by and through
its Mayor and City Manager, and CONTRACTOR, signing by and through its President
duly authorized to execute same.
^!� :SST C
f0 • r ��3 HED � 4
ATTEST: �� •. 5�� '��
Patricia A. Teufel, GNIti,"
City Clerk
CITY OF TAMAR C
Har, Dress r, Mayor
'%LI
Date
hae C. Cernech, City Manager
Date
--4 aru Approved as to form and legal sufficiency:
Da e \A 0711 A Ant"
CX Attorney
ATTEST:
C�S�igntu,6 of Corporate Secretary
IZhy�/t
Date
R. J. SULLIVAN CORP.
Company Name
nature of President/Owner
Casey R. $mffl-van
Type/Print Name of Corporate Secy. Type/Print Name of President
46-1 f -I
(CORPORATE SEAL) Date
Aquatic Center Pumping System Improvements Project — Agreement
CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
:SS
COUNTY OF Broward
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Casey R. Sullivan , of R.J. Sullivan Corp.
a Florida Corporation, 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.
WITNESS my hand and official seal this. day of November 21 , 2016.
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
eat°
Type of I.D. Produced
❑ DID take an oath, or
DID NOT take an oath.
Aquatic Center Pumping Systern Improvements Project — Agreement