HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-117Temp. Reso. 12416
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November 13, 2013
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013-�
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AWARDING BID NO. 13-22B TO AND
APPROVING AN AGREEMENT WITH ATCI COMMUNICATIONS,
INC. TO PROVIDE AND INSTALL A PERIMETER PROTECTION
SYSTEM AT THE BROWARD SHERIFF'S OFFICE LOCATED AT
7515 NW 88T" AVENUE, TAMARAC, FLORIDA, IN
ACCORDANCE WITH BID NO. 13-22B FOR A CONTRACT
AMOUNT OF $632048.36; A CONTINGENCY IN THE AMOUNT
OF $6,305 WILL BE ADDED TO THE PROJECT ACCOUNT, FOR
A TOTAL PROJECT BUDGET OF $69,353-36; AUTHORIZING AN
EXPENDITURE FROM THE APPROPRIATE ACCOUNTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, through an Agreement with the Broward
Sheriff's Office (BSO), maintains the BSO facilities located at 7515 NW 88tn
Avenue; and
WHEREAS, BSO maintains a fleet of vehicles and equipment that provide
critical services, including, but not limited to, services in support of local safety
and in conjunction with the Department of Homeland Security; and
WHEREAS, maintaining the secure storage of these vehicles and
equipment is in the best interest of the public; and
WHEREAS, the City of Tamarac publicly advertised Bid No. 13-22B for
installation of a Perimeter Protection System, incorporated herein by reference
and on file in the office of the City Clerk; and
Temp. Reso. 12416
Page 2 of 4
November 13, 2013
WHEREAS, on October 8, 2013, two (2) bids were opened and reviewed
in order to determine cost and responsiveness to the City's technical
specifications; and
WHEREAS, a copy of the bid tabulation showing all bids is included herein
as Exhibit "1 "; and
WHEREAS, ATCI Communications, Inc. submitted the lowest responsive
and responsible bid proposal for providing and installing a Perimeter Protection
System in the amount of $63,048.36, a copy of the bid response is incorporated
herein by reference and is on file in the office of the City Clerk; and
WHEREAS, the lowest responsive bidder, ATCI Communications, Inc.,
has agreed to provide and install a Perimeter Protection System, pursuant to the
Terms & Conditions, Special Conditions, and Technical Specifications of Bid #13-
22B for an amount not to exceed $63,048-36; and
WHEREAS, the Public Services Director, Financial Services Director, and
Purchasing and Contracts Manager recommend that the appropriate City
Officials enter into an Agreement with ATCI Communications, Inc. per Bid No 13-
22B, a copy of said Agreement is included herein as Exhibit "2"; 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 that
the City of Tamarac enter into an Agreement with ATCI Communications Inc. per
Bid No. 13-22B.
Temp. Reso. 12416
Page 3 of 4
November 13, 2013
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
incorporated herein and made a specific part of this resolution.
SECTION 2: The award of Bid #13-22B to ATCI Communications, Inc. is
HEREBY approved for a contract amount of $63,048.36; a contingency in the
amount of $6,305 will be added to the project account, for a total project budget
of $69,353.36; a copy of the Agreement is included herein as Exhibit 2.
SECTION 3: The appropriate City Officials are HEREBY authorized to
execute an Agreement with ATCI Communications, Inc., hereto attached as
Exhibit 2.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution
are declared to be severable.
Temp. Reso. 12416
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November 13, 2013
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this �-3 day of �V� , 2013.
B ETH TALAB I SOO
MAYOR
ATTEST:
1010- '.'�
PATRICIA TEUFEL,
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO �
DIST 1: COMM. BUSHN LL. &Iz-v
DIST 2: COMM. GOMEZ_��
DIST 3: COMM. GLASSER
DIST 4: V/M DRESSLER �Y
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMl.1EL S. GdREIV
CITY ATTORNEY
TR 12146 - Exhibit 1
BID TABULATION
NO. 13-22B
B.S.O. SECURITY FENCE PROJECT
OPENED: 10/08/13
ATCI COMMUNICATIONS, INC.
FENCE MASTERS, INC.
* $ 63,048.36
$123,840.00
• Bidder accepts Credit Card Payment &offers an additional 2%discount if Invoice
paid with (10) days.
Note:
All recommendations for award are unofficial until City Commission or other officially
designated award authority approves.
ft
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
ATCI COMMUNICATIONS, INC.
THIS AGREEMENT is made and entered into this - _ uay of t 2013
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 ATCI
Communications, Inc., a Florida corporation with principal offices located at 1270 NW
165th Street, Miami, FL 33169 (the "Contractor") to provide and install a Perimeter
Protection System at the Broward Sheriff's Office, 7515 NW 88th Avenue, Tamarac, FL.
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. 13-22B,
including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all
addenda, the Contractor's bid, 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 13-22B as issued by City, and Contractor's
Proposal, 13-22B 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 Document, 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.
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
notice prior to the beginning of work under this Agreement and prior
1 Agreement
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 substantially completed within (60) calendar 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
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
2 Agreement
r f
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 Sixty Three Thousand Forty Eight
Dollars and thirty-six cents ($63,048.36).
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
8A 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.
3
Agreement
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.
U 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.
W In the event satisfactory adjustment cannot be reached by City and 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 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 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
E
Agreement
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 not 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
5 Agreement
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 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.
12.3 The City and Contractor recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Contractor 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
Contractor. Furthermore, the City and Contractor 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 Contractor's responsibility to indemnify.
13) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall 'not discriminate
against any employee or applicant for employment because of race, religion, color,
gender, national origin, sex, age, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. The Contractor will take affirmative action to ensure
that employees are treated during employment, without regard to their race, religion,
color, gender or national original, or disability. 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 shall
agree to post in conspicuous places, available to employees and applicants for
6 Agreement
CA
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 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 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 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
7
Agreement
0
CONTRACTOR:
ATCI Communications, Inc.
1270 NW 165t" Street
Miami, FL 33169
(305) 620-0062
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 the
terminating party to the other party 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.
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 s 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.
n
Agreement
19) Agreement Subject to Funding
This agreement shall remain in full force and effect only as
expenditures provided for in the Agreement have been appropriated
Commission of the City of Tamarac in the annual budget for each fiscal
Agreement, and is subject to termination based on lack of funding.
long as the
by the City
year of this
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 extent of such prohibition or
unenforceability without invalidating remaining provisions hereof or affecting 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.
9 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) Contingent Fees
Contractor warrants it has not employed or retained any company or person, other
than a bona fide employee working solely for Contractor to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
10 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.
ATTEST:
Patricia A.
City Clerk
Date
ATTEST:
Teufel,
41�
Signature of/Corporate Secretary
Vincent J. Vento
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
C
Beth Talabisco, Mayor J
M.;;
ichael C.
Date
ernecn, city nnanagi
7 '7;P1
;d13
Approved qs to form a td legal sufficiency:
City Attgfney
dlz'-/)3�
Date
ATCI CONA,MUNICAT)ONS, INC.
Company, lame
Signature of President
Vincent J. Vento
Type/Print Name of President
Date
11
Agreement
�
i
1
T M
4
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
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
Vincent Vento, of ATCI Communication, Inc., a Florida Corporation, to me known to be
the person(s) described in and who executed the foregoing
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this .day of
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instrument and
013.
SignaturEyof Notary PGblic
,ate o ida at Large
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* MY COMMISSION # EE 16W4
EXPIRES: March 3 2016
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Name of Notary Public
Personally known to me or
R Produced Identification
Type of I.D. Produced
DID take an oath, or
DID NOT take an oath
12 Agreement