HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-094Temp. Reso. # 12231
September 12, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NO. 12-19B TO
AND APPROVING AN AGREEMENT WITH FULLCOVER
ROOFING INC. FOR THE REPLACEMENT OF THE
ROOFING SYSTEM AT THE COLONY WEST
MAINTENANCE BUILDING AND GOLF CART BUILDING
LOCATED AT 6800 NW 88T" AVENUE, IN ACCORDANCE
WITH BID NO. 12-19B FOR A CONTRACT AMOUNT OF
$125,835; A CONTINGENCY IN AN AMOUNT OF $185875
WILL BE ADDED TO THE PROJECT FOR A TOTAL
PROJECT BUDGET OF $144,710; AUTHORIZING AN
ADVANCE OF $144,710 FROM FUND 310 CAPITAL
PROJECTS FUND; AUTHORIZING AN APPROPRIATION OF
$144,710; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac strives to keep its public facilities and buildings
maintained in a high level for its residents, citizens, and employees; and
WHEREAS, on September 28, 2011, via R-2011-114, the City Commission of the
City of Tamarac authorized the acquisition of Colony West Golf Course as a means to
maintain open space within the City while safeguarding property values and quality of life
for residents; and
WHEREAS, through acquiring this real property, the City is also able to ensure the
facilities are maintained and do not fall into disrepair; and
WHEREAS, R-2011-144 approved by the City Commission on December 21, 20111
authorized the City to enter into a Lease Agreement for the operation of the Golf Course
Temp. Reso. # 12231
September 12, 2012
Page 2
with Sandtrap
Management,
Inc. and as
a part of that agreement,
the City has the
obligation and
responsibility
to make any
and all structural repairs
to the permanent
structures of the Leased Premises subject to budgeting for such purpose at the City's
legislative discretion; and
WHEREAS, the lease fees negotiated as part of the agreement will cover the costs
of these structural improvements over the period of the initial lease, it will be necessary to
advance the funds necessary to complete the project(s); and
WHEREAS, the roof of the Colony West Maintenance Building and Golf Cart
Building located at 6800 NW 88t" Avenue, are in need of replacement due to normal
deterioration resulting from time and weather; and
WHEREAS, the timely replacement of the roofing systems are important for the long
term care and maintenance of the building and will prevent costlier and more complex
repairs in the future; and
WHEREAS, the City of Tamarac published Bid No. 12-19B which included
replacement of the roofing systems for the Clubhouse, Maintenance Building, and Golf
Cart Building, all located within the Colony West Golf Course located at 6800 NW 88tn
Avenue; and
WHEREAS, the City received two bids from Roofing Concepts Unlimited/Florida,
Inc. and Full Cover Roofing, Inc, a bid tabulation is hereto attached as "Exhibit 1 "; and
WHEREAS, the City determined it to be most advantageous to split the award
between the Roofing Concepts Unlimited/Florida, Inc. and Fullcover Roofing, Inc., with
Roofing Concepts Unlimited/Florida, Inc. deemed to be the most responsible, responsive
bidder for the Clubhouse roofing system and Fullcover Roofing, Inc. deemed to be the
Temp. Reso. # 12231
September 12, 2012
Page 3
most responsible, responsive bidder for the Maintenance Building and Golf Cart Building;
and
WHEREAS, it is the recommendation of the Director of Public Services and the
Director of Financial Services to award Bid No 12-19B to and approve an Agreement with
Fullcover Roofing, Inc. for the roof replacement at Colony West Golf Course Maintenance
Building and Golf Cart Building, at a cost not to exceed $125,835, with a contingency in the
amount of $18,875 being added to the Project Account, for a total project budget of
$144710, per Bid No 12-1913; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interest of the citizens and residents of the City of Tamarac for the appropriate City
Officials to award and execute an Agreement with Fullcover Roofing, Inc., at a cost not to
exceed $125,835, with a contingency in the amount of $18,875 being added to the Project
Account, for a total project budget of $144,710, per Bid No 12-19B, the Agreement
included herein as Exhibit "2".
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 and
made a specific part of this resolution.
SECTION 2:
The award of Bid No 12-19B to and an Agreement with
Fullcover Roofing, Inc. for the replacement of the Colony West Golf Course Maintenance
Temp. Reso. # 12231
September 12, 2012
Page 4
Building and Golf Cart Building roofing systems, at a cost not to exceed $125,835, with a
contingency in the amount of $18,875 being added to the Project Account, for a total
project budget of $144,710, per Bid No. 12-19B, copy of which is attached hereto as
"Exhibit 2", is hereby approved.
SECTION I
The appropriate City Officials are hereby authorized to award
Bid No. 12-19B and execute an Agreement in the amount not to exceed $125,835, with a
contingency in the amount of $18,875 being added to the Project Account, for a total
project budget of $144,710 with Fullcover Roofing, Inc. for the replacement of the Colony
West Golf Course Maintenance Building and Golf Cart Roofing Systems.
SECTION 4:
An advance of $144,710 from Fund 310 Capital Projects Fund
to fund the projected project cost and establish a schedule of repayment over the
remaining term of the lease is hereby approved.
SECTION 5:
An appropriation in the amount not to exceed $144,710
including a contingency amount of $18,875 is hereby approved and will be included in a
budget amendment prior to November 30, 2012.
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.
SECTION 8:,
passage and adoption.
Temp. Reso. # 12231
September 12, 2012
Page 5
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of )2012.
BETH TALABISCO
MAYOR
ATTEST:
CITY
CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO ['t
DIST 1: COMM. BUSHNECL
DIST 2: COMM GOMEZ
DIST 3: WM GLASSER
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUELS. GOREN
CITY ATTORNEY
TR 12231 Exhibit 1
BID TABULATION
COLONY WEST ROOF REPLACEMENT AND REPAIR PROJECT
BID 12-19B
Opened - 07/12/2012
ROOFING CONCEPTS UNLIMITED (RCU)
ITEM 1 - MAINTENANCE BUILDING
1 A Plywood
1 B Facia
$28,1 12.00
5,250.00
600.00
$339962.00
ITEM 2 - GOLF CART BUILDING
$1179244.00
ITEM 3 - CLUBHOUSE BUILDING
3A Remove and Replace
3B Repair Only
ITEM 4 —LW Concrete
ITEM 5 — Screenwalls
ITEM 6 — Misc. Engineering
$160,063-00
$595646-00
33250.00
8,896.00
2,600.00
FULLCOVER ROOFING INC.
$219130.00
1,935.00
620.00
$239685.00
$1029150-00
*Non -responsive
5,000.00
4,800.00
13500.00
*Fullcover Roofing deemed "non -responsive" for Bid Item 3, for indicating "No Bid" for the
Remove and Replace for Bid Item 3.
Note: Bid language allows for separate award of the individual buildings.
Note: All Bid Tabulations are unofficial until Board approval.
y
....................................................................................................................................... _. _.............
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
FULLCOVER ROOFING, INC.
THIS AGREEMENT is made and entered into this day of
2012 b and between the City of Tamarac, a municipal corporationdith principal
v v
offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and
Fullcover Roofing, Inc., a Florida corporation with principal offices located at
10050 SW 132nd Avenue, Miami, FL 33186 (the "Contractor") for the roof
replacement of the Maintenance and Golf Cart Buildings at the Colony West
facility.
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. 12-19B,
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 12-
19B as issued by City, and Contractor's Proposal, 12-19B 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
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 General 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 (30) calendar days for each
building 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 City in accordance with the Schedule included in
the Contract Documents. In the event that any delays in the pre-
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construction or construction portion of the work occur, despite 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 time for substantial
completion hereunder and any resulting increase in general condition cost.
5) Contract Sum
The Contract Sum for the above work is One Hundred Twenty Five Thousand
Eight Hundred Thirty Five Dollars and no cents ($125,835.00).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. Retainage of ten percent (10%) will be deducted from monthly
payments until 50% of project is complete. Retainage will be reduced to five
percent (5%) thereafter. Retainage monies will be released upon satisfactory
completion and final inspection of work. Invoices must bear project name, project
number and bid P.O. number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. Contractor shall invoice the City and provide a
written request to 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 warranty period begins. All payments shall be governed by
Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City desires to be able
to make payments utilizing City's Visa Procurement Card as a means of
expediting payments. It is highly desirable that the successful proposer have the
capability to accept a Visa Procurement/Credit card as a means of payment.
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
%
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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.
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 City and
Contractor for any item requiring a change in the contract, and a change order has
not been issued, 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
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< r
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 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
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment and as additionally provided for in the contract documents. 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 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.
12) Indemnification
12.1 Contractor shall indemnify and hold harmless 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
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 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 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.
13) Non -Discrimination & Equal Opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Contractor will take affirmative action to ensure that employees
are treated during employment, without regard to their race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous
places, available to 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 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
Fullcover Roofing, Inc.
10050 SW 132nd Avenue
Miami, FL 33186
(305) 386-5800
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.
18) 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.
19) 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.
20) Signatory Authority
The
evidencing
Agreement.
Contractor shall provide the City with copies of requisite documentation
that the signatory for Contractor has the authority to enter into this
21) 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
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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.
22) Uncontrollable Circumstances
22.1 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.
22.2 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.
23) 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.
24) 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.
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.
eter Richards
City Clerk
ATTEST:
Signatufk,,o
`` \0 11 1 ! i 111 ///
-f A A
orate Secretary
Samy Elarja
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
•
IA06� LAO�o
Beth Talabisco, Mayor
chael C. Cernech, City Manager
Approved as to form
Date
Fullcover Roofing, Inc
CompanyNWn-e-,-�
SignftdreVtPresident
legal sufficiency.
Samy Elarja
Type/Print Name of President
Of& -, 0 S, V-2,
Date
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,..,.,..............................................................................,.... .......................... .
CORPORATE ACKNOWLEDGEMENT
STATE OF k0yk"Ao'
:SS
COUNTY OF 1vt
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
Samy Elarja, President, Fullcover Roofing, 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 ,day of P\QCO\01`� ��h , 2012.
ftwo
ZONIA VALLE
MY COMMISSION 0 EE216117
EXPIRES October 1 e 2016
gnature o� Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Q� Personally known to me or
F-1 Produced Identification
Type of I.D. Produced
DID take an oath, or
S4 DID NOT take an oath.
.Y t
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