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.