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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-053Temp. Reso.11805 April 19, 2010 Page 1 CITY OF TAMARAC, FLORIDA Revision 1 April 22, 2010 RESOLUTION NO. R-10- 6,3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE AWARD OF RFP 10-08R TITLED "UTILITIES WATER & SEWER RATE STUDY" FOR THE CITY OF TAMARAC UTILITIES DEPARTMENT TO BURTON & ASSOCIATES, INC. TO PROVIDE A UTILITIES WATER AND SEWER FINANCIAL PLAN FOR AN AMOUNT NOT TO EXCEED $38,618.00; APPROVING THE AGREEMENT AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tamarac City Commission last authorized an increase in water and wastewater charges in 2003 with Resolution No. R-2003-199 establishing the current water and wastewater service availability charges and consumption rates; and WHEREAS, City Administration has performed its annual review of Tamarac's Utility Rate Structure and has determined that to ensure that sufficient revenues continue to exist for operational and debt service expenses a Utilities Water and Sewer Financial Plan must be developed; and WHEREAS, the City requires certain professional services in connection with researching, analyzing; and preparing recommendations regarding a Utilities Water and Sewer Financial Plan; and, WHEREAS, funds were allocated to provide for a firm to develop a Utility Water and Temp. Reso.11805 April 19, 2010 Page 2 Revision 1 April 22, 2010 Sewer Financial Plan for the City; and WHEREAS, The City of Tamarac publicly advertised RFP 10-08R entitled "Utilities Water and Sewer Rate Study" in the Sun -Sentinel on February 215t and February 26tn 2010 as well as on the City's Internet web -site, a copy of which is on file with the City Clerk; and WHEREAS, proposals were received on March 9, 2010 from the following eight (8) vendors: Burton & Associates, Inc. Calvin Giordano & Associates, Inc. Milian, Swain & Associates, Inc. (MSA) Public Resources Management Group, Inc. (PRMG) Rafteus Financial Consultants, Inc. Tetra Tech, Inc. TischlerBise, Inc. Willdan Financial Services; and WHEREAS, all proposals were received and evaluated by the Evaluation Committee consisting of the Director of Utilities, the Director of Financial Services and the Director of Public Works facilitated by the Purchasing & Contracts Manager to determine; and WHEREAS, the Evaluation Committee ranked that the proposal response received from Burton & Associates, Inc., the highest, for providing the best overall value forthe City, with a copy of the Evaluation Committee ranking attached hereto as Exhibit "A"; and Temp. Reso.11805 April 19, 2010 Page 3 Revision 1 April 22, 2010 WHEREAS, adequate funding is available in the project budget to accommodate this purchase; and WHEREAS, it is the recommendation of the Director of Utilities, and the Purchasing and Contracts Manager that the City award the proposal to Burton & Associates, Inc. to develop a Utilities Water and Sewer Financial Plan; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP 10- 08R, titled "Utilities Water and Sewer Rate Study", and to authorize the appropriate City Officials to execute an Agreement with Burton & Associates, Inc. forthe total amount not to exceed $38,618.00 for the purpose of developing a Utilities Water and Sewer Financial Plan, a copy of such Agreement being attached hereto as Exhibit "B". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. SECTION 2: The City Commission hereby awards Request for Proposal No. RFP 10-08R to Burton & Associates, Inc. The City Commission further approves the Agreement with Burton & Associates, Inc. as set forth in Exhibit B, attached hereto and incorporated herein, for a not to exceed value of $38,618.00. The appropriate City Officials are hereby authorized to execute the Agreement and do all things necessary to effectuate tq� Temp. Reso.11805 April 19, 2010 Page 4 Revision 1 April 22, 2010 the intent of this Resolution. SECTION 3: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thisZ day of� , 2010 BETH TALABISCO MAYOR ATTE Record of COMMISSION VOTE: MARION SWENS , CIVIC MAYOR TALABISCO CITY CLERK DIST 1: COMM BUSH ELL" DIST 2: COMM ATKINS-GRA 7 DIST 3: COMM GLASSER DIST 4: VM DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY 1 0 1 hwchasing and Cti17fC"Cdctf Dd1'isio;Z AGREEMENT BETWEEN THE CITY OF TAMARAC AND BURTON & ASSOCIATES, INC. THI REEMENT made and entered into this day of , 20/9), by and between the City of Tamarac, a municipal corporation of a State of Florida, hereinafter referred to as "City", and Burton & Associates, Inc. a Florida Corporation, with principal offices located at 200 East Business Park Circle, Suite 101, St. Augustine, FL 32095, hereinafter referred to as "Consultant": WHEREAS, the City intends to develop a Utilities Water and Sewer Financial Plan; and, WHEREAS, the City requires certain professional services in connection with researching, analyzing; and preparing recommendations regarding such rates; and, WHEREAS, the Consultant represents that it is capable and prepared to provide such services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be upon final execution of Agreement by the City of Tamarac ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT / CONTRACT DOCUMENTS The Consultant shall perform the services in accordance with the provisions contained in the Contract Documents, including Request for Proposal #10-08R, titled "UTILITIES WATER & SEWER RATE STUDY, as specifically stated in the proposal document issued by the City of Tamarac as advertised on February 21, and February 26, 2010, any and all addenda, and Proposal executed and submitted by Consultant, dated March 9, 2010, OPTION C, including all specifications, bonds (if applicable), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement. Additional scope of work may be specifically designated and additionally authorized by the City. Such additional authorizations will be in the form of a Purchase Order or written Change Order. These 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 of a conflict between this document and any other C ill u/ Tawtlluc l'nn htisin ; :,ncd Con II tit Is LDhlyion contract documents, this Agreement shall prevail, followed in precedence by the Request for Proposal #10-08R, titled "UTILITIES WATER AND SEWER RATE STUDY, as issued by the City, followed by Consultant's executed Proposal dated March 9, 2010. ARTICLE 3 -- COMPENSATION & SCHEDULE 3.1 The City shall pay Consultant a fee not to exceed Thirty -Eight Thousand, Six Hundred Eighteen Dollars and no Cents ($38,618.00), which shall include all expenses and incidental charges, in accordance with the provisions contained in Section 5 "Proposed Cost and Schedule", Option C, providing for a revenue sufficiency analysis, financial plan, development of specific rates in conformance with the recommended rate structure modifications, as well as the development of specific service fees contained in Consultant's Proposal dated March 9, 2010, which is attached hereto as Exhibit 1, and incorporated herein as if set forth in full. 3.2 Consultant shall complete all work required under this Agreement 90 days after final execution of the Agreement by the City. ARTICLE 4 - STANDARD OF CARE Consultant shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances and Consultant shall, at no additional cost to the City, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - INDEMNIFICATION 5.1. Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub -consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 5.2. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. ('i{r of 1 ar;rut rr, Pm r hrrsin ;trot/ i.'c>nn rr<:4s Division 5.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 5.4. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. 5.5. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. ARTICLE 6 — NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Consultant 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. The Consultant 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 Consultant 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 Consultant further agrees that he/she will ensure that Sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 7 - INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant 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 Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, nl Tamarac i; u'cbu.� im« nrxJ ('<uN 'cu is Dirisirn! that it has made its own investment in its business, and that it will utili ze a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 8 PAYMENTS 8.1 The City shall make progress payments based upon completion of individual tasks and/or sub -tasks as defined in Option C, detailed in Exhibit 1 of this Agreement, and receipt of an approved invoice from Consultant, which delineates work completed on the project as of the invoice date. The City shall pay the Consultant for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. No payments will be made for work which has not been completed. The City shall make progress payments based upon completion of individual tasks and/or sub -tasks as defined in Option C, detailed in the table below, and upon receipt of a properly detailed invoice from Consultant, which delineates work completed on the project as of the invoice date. The City shall pay the Consultant for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. No payments will be made for work which has not been completed. Percentage completion for each invoice will be based upon percentage completion by task, with total not -to -exceed compensation by task as shown in the table below. Not -to - Exceed Amount by Task Task and Number Task Description Total Project Task 1 Project Initiation- Initiate the Project $1,181 Task 2 Revenue Sufficiency Analysis - Develop a Multi -year Financial Forecast and Financial Plan: $13,451 Task 3 Cost Allocation - Perform a Detailed Cost -of - Service Analysis: $3,628 Task Develop user fees: 4.1 $7,949 Task Develop Impact/System Capacity Fees: Not Included 4.2 in Scope of Services Task Develop Specific Service and Miscellaneous 4.3 Charges/Fees, Including New Service Installation Fees: $3,796 Of. Kl171(. 11 (.1( /Tur<'i70,4 (7l0 ('01111,K IS (}iViSIOl? Task Conduct and Compile a Comparative Rate 4.4 Survey $929 Task 5 Presentation to Management - Conduct Presentation to City Management. $1,557 Task 6 Final Report - Prepare a Report of the Results of the Study $6,127 Task 7 Ordinances/Resolutions and Agreements - Provide Assistance in Development of Ordinances, Resolution, Bulk Service Not Included Agreements, Development Agreements, and in Scope of Interlocal Agreements Services Total Project $38,618 8.2 Payments shall be processed in accordance with The Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 10 — INSURANCE 10.1 During the performance of the services under this Agreement, Consultant shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The Consultant shall procure ad maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 10.1.2 Comprehensive General Liability: The Consultant shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual 'iii u! Tcimco:iw All < hUNIW, tlihl C W11i e..10A Oil iNinn Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 10.1.3 Business Automobile Liability: The Consultant shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 10.1.4 Professional Liability (Errors and Omissions) Insurance: $1,000,000. 10.2 The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. 10.3 The City must be named as an additional insured for General Liability coverage unless Owners and Consultants' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.4 The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.5 In the event that sub -consultants used by the Consultant do not have insurance, or do not meet the insurance limits, Consultant shall indemnify and hold harmless the City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub -consultants. 10.6 Consultant shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. ARTICLE 11 - CITY'S RESPONSIBILITIES The City shall be responsible for providing access to all project sites, and for providing project -specific information. ARTICLE 12 - TERMINATION OF AGREEMENT 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the W C'i/r u/ ;'u 7:0' L I'io C ha's rill (owns( Is I )h isinn Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant 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 Consultant of written notice of such neglect or failure. ARTICLE 13 - NONDISCLOSURE OF PROPRIETARY INFORMATION Consultant shall consider all information provided by City and all reports, studies, calculations, and other documentation resulting from the Consultant's performance of the Services to be proprietary unless such information is available from public sources. Consultant shall not publish or disclose proprietary information for any purpose other than the performance of the services without the prior written authorization of City or in response to legal process. ARTICLE 14 - UNCONTROLLABLE FORCES 14.1 Neither the City nor Consultant 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. 14.2 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. ARTICLE 15 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County. ARTICLE 16 - MISCELLANEOUS o/ Tunr:rrr+<' Pt has tui<I CoIt11 CIL s Dii'i io/ ........ _ _.... 16.1 Non -waiver: A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 16.2 Severability: 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. 16.3 The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 16.4 Merger; Amendment: This Agreement constitutes the entire Agreement between the Consultant 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 Consultant and the City. 16.5 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. ARTICLE 17 - SUCCESSORS AND ASSIGNS The City and Consultant each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 18 - CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant 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 the C'it u/ 7unruru Pm e llel.s ing and C'olaroc 1s Division Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 19 - TRUTH -IN -NEGOTIATION CERTIFICATE 19.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 19.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 20 - OWNERSHIP OF DOCUMENTS Consultant shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all work products, documents, records, disks, original drawings, specifications or other information developed as a result of this Agreement shall become the property of the City upon completion for its use and distribution as may be deemed appropriate by the City. Except as specifically authorized by the City in writing, information and other data developed or acquired by or furnished to Consultant in the performance of this Agreement shall be used only in connection with the services provided the City. ARTICLE 21 - 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. ARTICLE 22 - NOTICE 22.1 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 ( i7I of 1on7o rrc ;';rrc/t, h1'�" rrrtri('urrlr(wI! l)/r,isiurr 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT: Burton & Associates Inc. 200 Business Park Circle, Ste. 101 St. Au , ustine. FL 32095 Attn: Michael E. Burton. Owner/President (904) 247-0787 mburton@burtonandassociates.com 22.2 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. 22.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Consultant and City. 22.4 Consultant shall be reasonably available to the City through telephone access and shall notify the City promptly of any absence or anticipated delay in the performance of services under this Agreement. 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 City Manager, and CONSULTANT, signing by and through its Owner/President, duly authorized to execute same. CITY OF TAMARAC ATT T. Jeffre L. Wier, City Manager C�a /6 Marion Swenson, CMP, Date: City Clerk v / Date Approved as to form and leqal sufficiency: ATTEST: BURTON & ASSO TE , IN Company e r .-'"- _........ Skfhature of Corporaits'Secretary Sig tune of Owner/Fffesident Cynthia Griffin Corpo771-3 cy. Date (CORPORATE SEAL) Michael E. Burton President/Owner Date '4/13 /a el y C its' of 7'ururrrrrr �� CORPORATE ACKNOWLEDGEMENT STATE OF Fear; d O�- :SS COUNTY OF '-I� • -0-o h n s 'I el r'h, i'i ir7'" rllJrl (.'uR I7'( if l,V' fTi 1'i'V imI 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 Michael E. Burton, Owner/President of Burton & Associates, 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,12vi I i3 t!:: , 20ib . Signature of Notary P blic 0 State of rtor i d D- at Large ROBIN W.LIG TSEY + ,C.k, \N . (�' h+S MY COMMISSION # DD 698713 PrintT e or Stan EXPIRES: November 24, 2011 , yp p Bonded 7hruNotary Public underwriters Name of Notary Public i2 [r Personally known to me or ❑ Produced Identification Type of I.D. Produced [] DID take an oath, or [T DID NOT take an oath.