HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-099Temp. Reso. #12834
August 2, 2016
Page 1 of 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016-1L
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NO. 16-25B, LIME
SLUDGE REMOVAL, HAULING AND DISPOSAL PROJECT
TO WESTWIND CONTRACTING, INC., AND AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE
AGREEMENT WITH WESTWIND CONTRACTING, INC. FOR
LIME SLUDGE REMOVAL, HAULING AND DISPOSAL
PROJECT; AUTHORIZING AN EXPENDITURE OF FUNDS
FOR AN AMOUNT NOT TO EXCEED $53,750 ANNUALLY,
AND AUTHORIZING CONTRACT ESCALATION / DE-
ESCALATION AS PROVIDED UNDER THE AGREEMENT
BEGINNING OCTOBER 1, 2016 THROUGH SEPTEMBER 30,
2018, WITH TWO (2) ADDITIONAL TWO (2) YEAR
RENEWAL OPTIONS; PROVIDING FOR THE CITY
MANAGER TO EXECUTE UP TO TWO (2) ADDITIONAL
TWO-YEAR RENEWAL OPTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, lime sludge is a by-product of the watertreatment process and must be
removed, hauled and disposed of from the City's Water Treatment Plant; and
WHEREAS, the current Agreement for Lime Sludge hauling awarded in 2010
expires on September 30, 2016, with no further renewal terms available, and
WHEREAS, the City of Tamarac publicly advertised Bid No.16-25B, Lime Sludge
Removal, Hauling and Disposal Project in the Sun -Sentinel on June 26, 2016 (incorporated
by reference and on file in the office of the City Clerk) as well as on the City's web -site; and
WHEREAS, sixteen (16) vendors downloaded bid documents and three (3) vendors
submitted bids that were opened and reviewed on July 20, 2016, to determine cost and
responsiveness to the City's specifications as based on a quantity of 5,000 cubic yards,
tabulated as follows:
Temp. Reso. #12834
August 2, 2016
Page 2 of 2
COMPANY NAME
UNIT PRICE
TOTAL BID $
Westwind Contracting, Inc.
$10.75 / cu. yd.
$53,750.00
Austin Tupler Trucking, Inc.
$10.79 / cu. yd.
$53,950.00
Prolime Corporation
$12.50 / cu. yd.
$62,500.00
A copy of the Bid Evaluation is included herein as "Exhibit 1 "; and
WHEREAS, Westwind Contracting, Inc. submitted the lowest responsive
responsible bid at a price of $53,750 annually (a copy of said bid is on file in the office of
the City Clerk); and
WHEREAS, sufficient funds for this project are available from the Water Treatment
Plant Operating accounts; and
WHEREAS, it is the recommendation of the Director of Public Services, the
Assistant Director of Utilities, and the Purchasing & Contracts Manager that the appropriate
City Officials award Bid No. 16-25B, Lime Sludge Removal, Hauling and Disposal Project,
and to execute an agreement with Westwind Contracting, Inc. for a period beginning
October 1, 2016 through September 30, 2018 with two (2) additional two-year renewal
options, as the lowest responsive and responsible bidder; 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 approve the award
of Bid No. 16-25B, Lime Sludge Removal, Hauling and Disposal Project and to execute an
agreement with Westwind Contracting, Inc. in an amount not to exceed $53,750, and
authorizing escalation / de-escalation provisions as provided under the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
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Temp. Reso. #12834
August 2, 2016
Page 3 of 3
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.
All exhibits referenced herein are incorporated within this resolution and made a specific
part hereof.
SECTION 2: The award of Bid No. 16-25B, Lime Sludge Removal, Hauling
and Disposal Project to Westwind Contracting, Inc. is hereby approved.
SECTION 3: The appropriate City Officials are hereby authorized to execute
an agreement between the City of Tamarac and Westwind Contracting, Inc., (a copy of
which is attached hereto as "Exhibit 2") as part of said award.
SECTION 4: An expenditure for an amount not to exceed $53,750 annually
beginning October 1, 2016 through September 30, 2018 and authorizing escalation / de-
escalation provisions as provided under the agreement is hereby authorized.
SECTION 5: The City Manager, or his designee, is hereby authorized to
approve and execute any subsequent renewal options to this Agreement, initiate Change
Orders in amounts not to exceed $65,000 per Section 6-147 of the City Code, and close
the contract award, which includes, but is not limited to, making final payment and
releasing bonds per Section 6-149 of the City Code, when the work has been successfully
completed within the terms, conditions and pricing of the agreement.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: 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.
Temp. Reso. #12834
August 2, 2016
Page 4 of 4
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
a
PASSED, ADOPTED AND APPROVED this /-J day of 't'v 2016.
ATTEST:
PATRICIA A
. TEUFELd CIVIC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
ATUEL S. GOREN
CITY ATTORNEY
, �v
HA Y DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 1 V/M GLASSER
DIST 4: COMM. PLACKO
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LIME SLUDGE REMOVAL, HAULING & DISPOSAL
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
WESTWIND CONTRACTING, INC.
THIS AGREEMENT is made and entered into this Jay of 201 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 Westwind Contracting, Inc.
a Florida corporation with principal offices located at 3799 W, Hallandale Beach Boulevard,
Pembroke Park, Florida 33023, (the "Contractor') to provide for Lime Sludge Removal,
Hauling and Disposal from the City Water Treatment Plant Lagoon located at 7803 NW 61st
Street, Tamarac, Florida 33321.
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. 16-25B "Lime
Sludge Removal, Hauling & Disposal„ 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 Document No. 16-25 B,
"Lime Sludge Removal, Hauling & Disposal", as issued by the City, and the Contractor's
Proposal, Document No. 16-25 B, "Lime Sludge Removal, Hauling & Disposal" as issued by
the 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
excavate, remove, dewater and dispose of all lime sludge settled in the
Water Treatment Plant Lagoon per the terms, conditions and
specifications #16-25B, City's Water Treatment Plant located at 7803
NW 61 st Street, Tamarac, Florida 33321.
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 a forty-eight (48) hours advanced
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. '
2.1.5 Contractor shall agree that each vehicle used for the hauling of lime
sludge from the City shall undergo a vehicle certification process to verify
the capacity of the dump bed of each vehicle. Contractor shall notify City
at least forty-eight (48) hours in advance of being on -site with trucks, in
order to arrange for City personnel to be available to perform the
certification process when a non -certified vehicle is to be used. Once a
vehicle has been certified by the City, there will be no further need to
request additional certification for the vehicle, unless there is mechanical
alteration to the vehicle dump bed, in which case, the vehicle dump bed
capacity must be re -certified.
2.1.6 Contractor and an authorized representative of the City will inspect each
loaded vehicle, and mutually agree upon the number of cubic yards of
material contained in each vehicle dump bed. Upon agreement, that
amount shall be documented in writing, and the Contractor shall invoice
the City for only the number of cubic yards contained in the vehicle dump
bed as agreed upon and documented for that specific load.
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. Insurance limits are outlined below:
Insurance Requirements
Line of Business/Coverage
Occurrence
Aggmgae
Limits
Commercial General Liabity Indudin&
$1.00%OW
$ls00%000
Premises/Operadorss
Cantradoal L1abMV
Personal ink"
Explasim Canape, tXmkwgramd Hazard
Prodrds/Campleted Operation
Broad Farm Property Damag
Oros LhMWV and SereraMEty of haenest Clame
Automobile Liabiity
$1,OOUM00
$1,00QOMW
Workers' bn%pensadan & Employers Liabiry
stidutory
4) Contract Term
The term of this Agreement is for a period of two (2) years, beginning
approximately October 1, 2016 or the first day following execution by City, and ending
September 30, 2018. Upon expiration, the City can renew the Agreement for two (2)
additional two (2) year terms, upon mutual agreement of the parties and under the
same terms and conditions.
5) Contract Sum and Contract Escalation/De-Escalation
5.1 Contract Sum: The Contract Sum for the above work is Ten Dollars and Seventy
Five Cents percubic yard ($10.75 / C.Y.), based on an estimated annual volume of
Five Thousand (5,000) cubic yards, for an amount not to exceed Fifty -Three
thousand, Seven Hundred Fifty dollars and no cents ($53,750) per year. This
price is subject to the terms contained in Section 5.2 "Contract Escalation/De-
Escalation" contained herein.
5.2 Contract Escalation/De-Escalation: Contract pricing shall remain firm for a
period of six (6) months from the date of contract execution. Subsequent
requests for price increases will be considered only at 6 month intervals.
Decreases in contract price shall be considered at anytime, and Contractor
shall notify City of any decreases as they occur. Requests for
increase/decrease shall be in writing, and will not be considered otherwise.
The request for increase/decrease shall be accompanied by written
documentation that supports the request. Supporting documentation shall
include, but is not limited to, actual invoices from suppliers and/or service
providers that reflect verifiable changes in Contractor's costs. Contractor
shall also state that the amount being requested includes all costs to which
Contractor is entitled under the terms of the contract.
The City will not consider any claim for profit margin increases under any
circumstance.
The City may refuse to accept the adjusted costs if: 1) they are not properly
documented; 2) if increases are considered excessive; and 3) if decreases
are considered insufficient. In the event the City does not wish to accept the
adjusted costs, and the matter cannot be resolved to its satisfaction, the City
reserves the right to cancel the contract upon sixty (60) days written notice to
Contractor.
Requests for increase/decrease in Contract Price will not be considered valid
unless submitted in accordance with the terms indicated above.
6) Payments
Payment will be made for work that has been completed, inspected and properly
invoiced. The City has up to thirty (30) days to review, approve and pay all invoices after
receipt. 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 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.
N
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
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) 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 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
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
Westwind Contracting, Inc.
3799 W. Hallandale Beach Blvd.
Pembroke Park, FL 33023
Waldemar "Waldy" Polizzi, President
waldvp(a�-westwindcontracting.com
(954) 275-4576 Voice
(954) 961-7222 Fax
17) Termination
V. ,
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;
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 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.
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
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.
�• f j
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Y �
4 ,4w
ATTEST:
f;t�00
Patricia A. Teufel, CMf
City Clerk
Date
ATTEST:
ovrj"� �m '/
Signature of Corporate ecretary
Adair Hagar
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY-W/TAMARAC
Hanres er, Mayor
q-/q-/(
Date
ichael C.Cernech, City
Date
Approved a o form and legal sufficiency:
7
City rn y
Date
WE D C NTRACTING, INC.
Cor4pabylNepq
t/Owner
Waldemar "Waldy" Polizzi
Type/Print Name of President/Owner
Date
C
CORPORATE ACKNOWLEDGEMENT
STATE OF FL02,1 DA
:SS
COUNTY OF 8P61, PQ-b
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
Waldemar "Waldy" Polizzi, President, of Westwind Contracting, Inc.
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 all day of J4 Ly 201 Co
xp4�" STACY PETER— SON
k: .= MY COMMISSION # FF 216049
EXPIRES: May 29, 2019
F, Bonded Thru Notary Public Undawdtars
ignature of q6tary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
El Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
[�� DID NOT take an oath.