HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-093Temp. Reso. 11428
June 9, 2008
Revision 1 June 17, 2008
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008-�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE AWARD OF
RFI-08-081 TITLED "FURNITURE FOR THE CITY OF
TAMARAC PUBLIC SERVICES COMPLEX ADDITION — PART
2" TO CORPORATE INTERIORS, INC. FOR AN AMOUNT
NOT TO EXCEED $186,089.92 PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac Commission approved the construction of a new
Public Services Complex Addition to house the City's Utilities Department and the City's
Information Technology Department; and
WHEREAS, funds were allocated to provide for the purchase of new furnishings for
the building; and
WHEREAS, The City of Tamarac publicly advertised RFI 08-081 entitled "Furniture
for the City of Tamarac Public Services Complex Addition" in the Sun -Sentinel on
February 8th and February 15th, 2008 as well as on the City's Internet web -site, a copy of
which is on file with the City Clerk; and
WHEREAS, Non -priced informational/technical proposals were received on
February 21, 2008 from eleven (11) vendors which were received and evaluated by the
Evaluation Committee consisting of the Director of Utilities, the Director of Information
Technology, the Systems & Network Manager and the Utilities Administrative Coordinator,
facilitated by the Purchasing & Contracts Manager to determine responsiveness to the
Temp. Reso. 11428
June 9, 2008
Revision 1 June 17, 2008
Page 2
City's requirements; and
WHEREAS, Five (5) vendors were short-listed for further consideration, a list which
included the following vendors:
Corporate Interiors, St. Petersburg, FL
Office Furniture Warehouse, Pompano Beach, FL
Pradere Mfg. Co., Hialeah, FL
Ruff South Florida, Miramar, FL
J.C. White, Miramar, FL
; and
WHEREAS, the Evaluation Committee conducted an on site visit fact finding tour at
all five (5) short-listed vendor locations, which was publicly noticed, and conducted by the
Evaluation Committee on March 31, 2008; and
WHEREAS, as the result of the fact finding tour, three (3) vendors were shortlisted
for final consideration, a list which included the following vendors:
Corporate Interiors, Deerfield Beach, FL
Pradere Mfg. Co., Hialeah, FL
J.C. White, Miramar, FL
; and
WHEREAS, each of the three finalists provided additional seating samples for
evaluation by employees of the Utilities and Information Technology Departments; and
WHEREAS, upon completion of the review, a final Qualified Products List of seating
Temp. Reso. 11428
June 9, 2008
Revision 1 June 17, 2008
Page 3
was compiled; and
WHEREAS, Part 2 of RFI-081, a formal competitive pricing proposal document, was
issued to the three (3) short-listed vendors to obtain their final State of Florida pricing, and
was duly advertised in the Sun Sentinel and the City's web -site, which was due on May 22,
2008, a copy of said proposal document is on file with the City Clerk; and
WHEREAS, as a result, the following pricing was received from three (3) vendors,
which are listed below with a copy of the price tabulation as follows:
Corporate Interiors: $181,089.92
J.C. White: $204,308.34
Pradere Mfg.: $218,536.92
; and
WHEREAS, Corporate Interiors, Inc. was the lowest responsive and responsible
proposer utilizing their State of Florida Contract #425-001-06-1 with an aggregate price of
$181,089.92; a copy of said response is on file with the Office of the City Clerk; and
WHEREAS, Article V, Section 6-155 permits the City to purchase products from
State of Florida pricing agreements pursuant to F.S. 287.042; and
WHEREAS, the proposal from Corporate Interiors, Inc. includes furniture products
that are environmentally friendly, in support of the City's Strategic Plan, a copy of the
appropriate environmental report information and corporate policy is on file with the City
Clerk; and
WHEREAS, it is desirable to provide a contingency of $5,000.00 to accommodate
unforeseen needs or changes; and
Temp. Reso. 11428
June 9, 2008
Revision 1 June 17, 2008
Page 4
WHERAS, the total cost, including contingency will not exceed $186,089.92; and
WHEREAS, adequate funding is available in the project budget to accommodate
this purchase; and
WHEREAS, it is the recommendation of the Director of Utilities, the Director of
Information Technology, and the Purchasing and Contracts Manager that the City award
the proposal to Corporate Interiors, Inc. for the purchase of furniture for the City of
Tamarac Public Services Complex Addition; 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 RFI 08-081,
titled "Furniture for the City of Tamarac Public Services Complex Addition — Part 2", and to
authorize the appropriate City Officials to execute an Agreement with Corporate Interiors,
Inc. for the total amount not to exceed $186,089.92 for the purpose of providing and
installing furniture for the City of Tamarac Public Services Complex Addition, a copy of
such Agreement being attached hereto as Exhibit "A".
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 appropriate City Officials are hereby authorized to award Request
for Information Number RF108-081 Part 2, and execute an Agreement, attached herein as
Temp. Reso. 11428
June 9, 2008
Revision 1 June 17, 2008
Page 5
Exhibit "A" for the purchase of furniture for the City of Tamarac Public Services Complex
Addition to Corporate Interiors, Inc., in the amount of $186,089.92, and
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 thiso2J day of , 2008
r -
'1
ARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
r
"11iGOREN
A��-
•
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM PORTNER U6dV
DIST 2: COMM ATKINS-GRA
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
C.y t i zrra ; Poic using and Contracts nivisEuo
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
CORPORATE INTERIORS, INC.
THIS AGREEMENT is made and entered into this//day of 200
by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Corporate
Interiors, Inc. a Florida corporation with principal offices located at 1723 Commerce
Avenue, North, St. Petersburg, Florida 33716(the "Contractor") to provide for
furnishing and installing new furniture for the City of Tamarac Public Services
Complex Addition at 10101 State Street, Tamarac, Florida 33321.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The contract documents consist of this Agreement, Request for Information
Document No. 08-081, including the pricing proposal for furnishing, delivering,
assembling and setting -in -place Furniture for the City of Tamarac Public Services
Complex Addition including all conditions therein, (General Terms and Conditions,
Special Conditions and/or Special Provisions), Technical Specifications, all addenda,
the Contractor's bid/proposal included herein, as amended by the final revision to the
products list, pricing and layout date June 6, 2008, 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 RFI 08-081, Furniture for the City of
Tamarac Public Services Complex Addition, including the pricing proposal as issued by
the City, and the Contractor's Proposal, dated May 21, 2008 as amended by the revised
pricing list dated June 6, 2008, the original proposal as issued by the City shall take
precedence over the Contractor's Proposal. Furthermore, in the event of a conflict
between this document and any other contract documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to furnish and install new furniture at the Public Services
Complex Addition located at 10101 State Street as required for the
City of Tamarac.
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
Porchasing and Contracts DivIsjoi?
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior
to any schedule change with the exception of changes caused by
inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, and all other insurance as
required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and
Safety Manager certificates of all insurances required under this section
prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will
retain all necessary insurance in force throughout the term of this
agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Schedule
4.1 All product shall be delivered, assembled set -in -place, made ready to
operate no later than September 1, 2008, subject to Contractor's ability to
access the facility. In the event that delays occur by the City, the City and
Contractor shall make appropriate arrangements to amend the schedule
to reflect revised delivery schedules.
4.2 In the event of unforeseen delays caused by City or by other contractors,
the Contractor agrees to hold all furniture at a bonded, clean, secured and
otherwise appropriate site location. The cost for the first thirty (30) days of
tv Purchasing and Contracts Division
storage shall be borne by the Contractor, and there shall be no cost to the
City. In the event that storage is required beyond the initial thirty (30) days
storage period, the Contractor shall invoice the City at a rate not to exceed
$500.00 per month for storage charges until such time as furniture is
delivered to the City in satisfactory condition.
5) Contract Sum and Cost Adjustments
5.1 The Contract Sum for the above work is not to exceed One Hundred
Eighty -One Thousand Eighty -Nine Dollars and ninety-two cents,
($181,089.92) based on the products provided as a result of this
solicitation. In addition, the City shall make available an amount of up to
$5,000 for unforeseen changes that may only be approved through a
change order process. Additionally, unit pricing provided as a part of the
Contractor's pricing submittal shall govern in the event of an adjustment in
pricing.
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. All payments shall be governed by the Local Government Prompt
Payment Act, F.S., Part VII, Chapter 218.
7) Indemnification
7.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting
from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or appointed
officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the
termination hereof.
7.2 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. The Contractor 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.
i ?(11 C _ Purchasing and Contracts Division
ii. 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 Contractor under the
indemnification agreement.
7.3 Nothing contained herein is intended nor shall be construed to waive City's
rights and immunities under the common law or Florida Statutes 768.28, as
amended from time to time.
8) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, color, sex, religion,
age, national origin, marital status, political affiliation, familial status, sexual orientation,
or disability if qualified. The Contractor will take affirmative action to ensure that
employees are treated during employment, without regard to their race, 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.
9) Remedies
9.1 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.
9.2 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.
10) Change Orders
10.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to a change order until the
City u` Tarrrar_ic Patchasino and Contmcis Division
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.
10.2 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.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change order
has not been issued, the City reserves the right at its sole option to terminate
the contract as it applies to these items in question and make such
arrangements as the City deems necessary to complete the work. The cost of
r ct Tarnari,c Purchasing and Contracts Division,
any work covered by a change order for an increase or decrease in the contract
price shall be determined by mutual acceptance of a Guaranteed Maximum
Price by the City and Contractor. If notice of any change in the contract or
contract time is required to be given to a surety by the provisions of the bond,
the giving of such notice shall be the Contractor's responsibility, and the amount
of each applicable bond shall be adjusted accordingly. The Contractor shall
furnish proof of such adjustment to the City Failure of the Contractor to obtain
such approval from the Surety may be a basis for termination of this Contract by
the City.
11) 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.
12) 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 as may be applicable for
sub -contractors who worked on the project that is the subject of this Agreement.
F
C,tl 01"7��Nlatnu� PordiasinU and Contracts Division
Payment of the invoice and acceptance of such payment by the Contractor shall release
City from all claims of liability by Contractor in connection with the agreement.
13) Warranty
Contractor warrants the work against defect for a minimum period of one (1) year
from the date of final payment. In the event that defect occurs during this time,
Contractor shall perform such steps as required to remedy the defects. Contractor shall
be responsible for any damages caused by defect to affected area or to interior
structure. The one (1) year warranty period does not begin until approval of final
payment for the entire project, and the subsequent release of any Performance or
Payment Bonds, which may be required by the original bid document. In addition,
Contractor shall make available to City, all standard manufacturer's warranties beyond
the one (1) year minimum period as enumerated in the Contractor's response to RFI
#08-081.
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:
..................... . ..
..._.__.._....
Dry Oi a!7-t iac
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
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
CONTRACTOR
Corporate Interiors, Inc.
1723 Commerce Avenue, North,
St. Petersburg, Florida 33716
ATTN: Marilyn J. Frank, President
17) Termination
Porchasin(C and Conft"cif fs D/Vtslon
17.1 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 Contractor for such termination in which event the Contractor shall
be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that the
Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this
termination.
17.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
18) Uncontrollable Forces
18.1 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
- - ---
C, of Tamarac; Purchasing and Contracts Division
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.
18.2 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.
19) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
20) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
21) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
22) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
23) 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.
9
City of Tamarac Purchasing and Contracts Division
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.
Remainder of Page Intentionally Blank
�1y of T 177Jamc Pot chasing and Contrnrlls Division
CORPORATE ACKNOWLEDGEMENT
STATE OF A-2,D41D 11
:SS
COUNTY OF A(VCG&4 '5 :
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
Marilyn J. Frank, President of Corporate Interiors, 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 w,-f1-)alE , 200d
Signature Notary Public
State of Florida at Large
NOTARY PUBLIC-STAM OF FLORIDA Zl'V d,' 6. M u L LC -Al
Linda G. Mullen Print, Type or Stamp
Commission #DD506663 Name of Notary Public
Expires: FEB. 28, 2010
Bonded Thru Atlantic Bonding Co., Inc.
® Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
® DID NOT take an oath.
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Purchasing and ontracts D'; sion
,�� o Tarn..��,c � ,
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its President
duly authorized to execute same.
A/T'TE�
anion Swenson, MC
_. City Clerk
Date
ATTEST:
None
Signature of Corporate Secretary
None
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TAMARAC
Cat'51Tv;0'- rvjp,;-,��1
Beth •. _• • Mayor
71 ,
Date
bl n$
Jeffrey L. Miller, City Manager
Date
Approved asAn form and leg/al sufficiency:
r1\U 1 1 .; ., r 1 �%%I 0 A I
City Attorney
Leg q 10
Date
CORPORATE INTERIORS. INC.
Company Name
Signature Pres' ent/Owner
Marilyn J. Frank, President
Type/Print Name of President/Owner
Date