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HomeMy WebLinkAboutCity of Tamarac Resolution (269)Temp. Reso. #9896 September 3, 2002 1 Rev. #1 September 16, 2002 Rev. #2 September 17, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-269 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF TAMARAC AND DRD ENTERPRISES, INC. OF DAVIE FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL; EXERCISING THE FIRST TWO- YEAR RENEWAL OPTION EFFECTIVE OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2004 AND INCREASING THE PER CUBIC YARD PRICE TO $6.25 FOR AN AMOUNT NOT TO EXCEED $73,250 ANNUALLY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, lime sludge is a by-product of the water treatment process and must be removed, hauled and disposed of from the City's Water Treatment Plant; and WHEREAS, the City of Tamarac awarded Bid #00-17B and entered into an Agreement with DRD Enterprises, Inc. of Davie to remove, haul and dispose of lime sludge on September 15, 2000 by Resolution R-2000-231, a copy of said resolution and Agreement is attached hereto as Exhibit 1 "; WHEREAS, the original bid terms and the Agreement provide for a renewal term for two (2) additional two-year extension periods; and WHEREAS, DRD Enterprises, Inc. of Davie has agreed to a two-year renewal extension for the removal and disposal of lime sludge at a price of $6.25 per cubic yard; and Temp. Reso. #9896 September 3, 2002 2 Rev. #1 September 16, 2002 Rev. #2 September 17, 2002 WHEREAS, it is the recommendation of the Director of Utilities and the Purchasing and Contracts Manager that the City exercise the first renewal of the Agreement between the City of Tamarac and DRD Enterprises Inc. of Davie for a period effective October 1, 2002 through September 30, 2004 at a price of $6.25 per cubic yard; 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 authorize the renewal of the Agreement between the City of Tamarac and DRD Enterprises Inc. of Davie for a two- year period effective October 1, 2002 through September 30, 2004, for providing lime sludge removal, hauling and disposal at a price of $6.25 per cubic yard, in an amount not to exceed $73,250 annually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The Amendment to the Agreement between the City of Tamarac and DRD Enterprises Inc. of Davie for the removal and disposal of lime sludge is hereby approved effective October 1, 2002 through September 30, 2004, at a price of $6.25 per cubic yard, in an amount not to exceed $73,250 annually, Amendment attached hereto as Exhibit "2" SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 Temp. Reso. #9896 September 3, 2002 3 Rev. #1 September 16, 2002 Rev. #2 September 17, 2002 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 this 25"' day of September, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK JHlmg JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND DRD ENTERPRISES, INC. OF DAVIE FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL The City Of Tamarac (City) and DRD Enterprises, Inc. of Davie (Contractor), a Florida Corporation with principal offices located at 858 NW 815t Terrace, Plantation, Florida 33324 agree to amend the original Agreement dated September 15, 2000 as follows: Per the terms of Section 4 of the original Agreement dated September 15, 2000, the City and DRD Enterprises, Inc. of Davie exercise the first renewal option for a period effective October 1, 2002 through September 30, 2004. Section 5 of the original Agreement shall be amended as follows: The Contract Sum for the above work is F4v-e4Bef4ars and venty f+ve ^ WIt5 7-5) Six Dollars and twenty five cents 6.25 per Cubic Yard of Lime Sludge for an estimated quantity of Eleven Thousand Seven Hundred Twenty Cubic Yards (4 - 000 11,720 Cubic Yards) annually for an estimated total contract price) of &x+ Thousn4—, Two ..iT-I4od_anrl ell•'rr zti F" "v 'arnrnivalty-($63,2,13,0-00). Sevent Three Thousand Two Hundred and Fift Dollars and no/100 cents annual) ($73,250.OQ). The Contract sum is determined by the cost of labor and materials for the job located at 7803 NW 61st Street, Tamarac, Florida, also known as the City of Tamarac's Municipal Water Treatment Plant. All other provisions of the original agreement remain in effect as written. IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and DRD Enterprises, Inc. of Davie, signing by and through its Director, duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk CITY OF TAMARAC .P; r`.. ,Joe Schreiber, Mayor Date ------- Jeffrey L. ill r, City Manager Date C5/9 2- Approved as to for and-leg-alsufficiency: Date E f, t a. ,. Mitchell S. Kraft, City Attorney ATTEST:...-- " Cororate S6cre (Corp p ,. �,� a ry) Type/Print Name of Corporate Secy- (CORPORATE SEAL) Date DRD Enterprises Inc. of Davie Company Name Signature of Director Marian Pressler Type/Print Name of Director Date {lilt_:. 11 : I-�J AM TO : C� 1`354 7242408 Page: 002---n3 CERTIFICATE OF LIABILITY INSURANCE ozo``}i'oL rc:ol)1 c. Ek Advanced 7 IF{IS CERTikIC;\TI,` [S ISSUED AS \ �L\TTF:K c'>F INFOK\I:\TIC)ti nsuranc Und�rwrlt I S ONLY AND CONFERS NO FIGHTS LION THE CEI:TiFICA\rF Ravenswood Office Centel HOI_DEIZ- THIS CERTIFICATE DOES NOT ANIFNI), EXTENI) OF: 5201 Ravenswood Rd., Sts? 107 ALTFR TI{E COvEFL\GE AFFORI)FD By 111F: POLICIES Pt- Lauderdale, FL 33312 INSUKEFLS AFFORDING CON FK-\GE D IZ D FnterE)rises, Inc. Nautilus Insurance Compaq Cut 8 5 8 N. W. 8 1 st Terrace--�_— Planution, FL 33324-1210 Insu2 �x �: TIIE POL[C1E5 GF CrS 'k._�NCP I_ISITID BELO{l HAVE ISPPN ISSI:EI) TO TIIY INSURED NA.\tEU ABO\P FOR FIIP POLICY FE^nIOI) INC)[CATPU 1GT PITHS •�tiU\. .\NY rXIBI II:N. -ME TPIL\I Ok CONDITION OF HE. ol'NTR--\CT Ok OFHER DOCUNfL'NT W? H KESPPCT TO ll•HICf 'rTUS C RTIFIC.-\TE M-A', I5E IS f?n O; N. THE INNSL C-LtiCP AFFORDED BY 'IF{E POLICIPS I)PSCKrftPU F{PH.E[N IS sc�+Ir rr TO ALL TEIP TEftlrS, E.\CI"[:SIGNS .-\`C> CON'UITIONS OF SL'C? GREG.-\TI? UI ,CTS SHOW MAY IL\\ I' BEEN PEDUCFL) BY P.A117 CLAIMS. PE OFItigC:KgSC;E F'O[:{(:Y Y1: ,11BER LICY EFFECTI\EF'OI..ICYESF'IFtaT1�ynTM' ONINI D'YY+ yAT +NI NI'D�)'YY+ LIMITS LIABILITY NCO99886 12/09/01 12/09/02 '�.1 000 000 S-50 000 S1 000 PD Ded:500 -- _ {_rc., __1 1 000 000 jj000 000 :,, :., s 1, 000,000 I �pn \Z-TONIOBILE LIABILITY .eni Of. Date of Review, Acceptable Not Acceptable cleelow) (Note Defi, C•AI:aOE LIAHILITS nature E\CESS LI {E;!LIT F �SCx;I;ErscoNlFENs.aTloN.gND I �c=5:'{-.. E \t OYE La'LIABILITY DE_CKl F'TION OF Of•EFLATIO,', L A"r'IO,Y SiN EEiICLE:_e.'E\CLUSIONS ADDEDBY F-iDOkSE.%tENT.SPECIAI.PRO'ISION'S Cqrti irate t.older i S additional insured as respects act, of the insured on Liability only. F:FZTFF'Il�.a'I'F HO[.I)EI: � I ADDrr�Ar.Iv,ul:r:n:IrvsuRFR City of Tamarac Attn: Adriatina 7525 NW 88th Ave Tamarac, FL 33321 CF\YCF,LI e',TIOY s HOULDANYOFTHEAESOVE DESCRIBED POLICIES BE CA-NCEI.LED B EFOkf:TF[ E ENTIRaTiOh DATE THEREOF, THE ISIUING INSUP.ER WILLENDEAN OR TO.M,IL7 () D:{YS%%'KIrTEI YOTICETOTHE CERTIFICATE HOLDERN.yNIEDTOTFI E LEFT, BLT F:' LL'F:E TODOSO SHALL I,NI POS F YO OF3 LIGATIO.v OR LLAB II,fFY OF ANY KIND UPON THE INS L KF.. R rFS Ac :E N"I'�; OI< REPRESEYTATI VP-c, at rHgRiZED REPRESENTATIVE ACOf:t)25-S(7;v7) 1 0+ 2 rS128380/M128376 CDC n \COFI) CC>RYC)F:.-\TIi>N 11)98 Shanna David Pressler Lunarcon(cs aol.com 08/18/00 10.06.00 Page 1 c DRD ENTE1U:)RISES INC., OF DAVIE SPECLILIZItiG Iti TIIE REMOVAL OF LBIK SL DGF 858 NW 81 TERRACE PLANTATION, FLORIDA 324 PHONE (9-54) 370-7944 FAX (603) 688-7992 CITYCLERK CITY OFTAMARAC E K 724-2408 August 1.8, 2000 I 0 Whom It may concern; DIM ENTERPRISES INC- has been advised that corporations with less than 2 employees are exempt from the %vorkers compc,iisation requirement and this being true DRD ENTERPRISES doeS 110t 11C'CCI t0 SUb1111t 'worker-ompensation doc11n 'mts- Cordiall`.� P DaN-id Pressler, Vicx President FILED 2002 UNIFORM BUSINESS REPORT (UBR) Jul 1.4, 2002 8:00 am • DOCUMENT # P94000044523 Secretary of State 1. Entity Name 07 14 2002 90048 048 ***150.00 DRD ENTERPRISES, INC. OF DAVIE Principal Place of Business Maili , ddres 10772 W. CLAIRMONT CIR, 10772 W IAONT CIR. TAMARAC FL 33321 TA AC FL 2. Place of Business Principal Ill(II((I III l(Ili Ills) hill hill hill illll Iilif (I II p Suite, Apt. a, etc. Suite, Apt. N, etc. DO NOT WRITE iN THIS SPACE City &State [� S?ate 0, ! i-�� A. FEI lNumber s�9W���AppAiiepdp Zip---.—__.-_.��._—CountryTM _ C $8.75 Additional ����� - - -_—=5�:�artificate.of.Status,Desl:ed�� ❑_� ...iii JJJ v y Fee'Rbqulied�'---= 6. Name and Address of Current Registered Agent 7. Name and Address of New Reg(stered Agent Name PRESSLER, MARIAN 10i72 W. CLAIRMONT.CIR. Street Address (P.O. Box Number is Not Acceptable) TAMARAC FL 33321 City FL Zip Code 8. The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. I am familiar with, and accept the cbligalions of registered agent. SIGNATURE Spna:ure, ryp0d a Pf-ted none or reg,&Iwed egery antl mw it &oiN capl (NOT-: Registered Avant vgrnatwe •equirea MW rcnsta!") Dn T�: 9. This corporation is eligible to satisfy its Intangible FILE NOW H I FEE IS ;55Q.00 10- Election Campaign Financir g Tax filing requirement and elects to do so. After September 13, 2002 Fee will be $750.t70 $5.00 May E3e (See criteria on back) ❑ Make Check Payable to Department of State Trust Fund Contribution. ❑ Added to Fees 11. OFFICERS AND OIRECTORS _ 12. ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 11 TITLE 0 ❑ Delete TITLE ❑ Change ❑ Addition NAME PRESSLER, MARIAN NAME STREET ADDRESS 10772 W, CLAIRMONT CIR. STREET ADDRESS CTrr-ST-ZIP TAMARAC FL 33321 CITY -SI - ZIP TITLE ❑ Delete TITLE ❑ Change Cl Addition NAME NAME STREET ADDRESS STREET ADDRESS 2TY•S1-ZIP TITLE ❑ Delete— TITLE_ ❑ Change ❑ Addition NAME NAME STREETADORESS STREET ADDRESS CITY-ST-ZIP CITY•ST-ZIP TITLE ❑ Delete TITLE ❑ Change ❑ Addition NAMf NAME STREET ADDRESS STREFT ADDRESS CITY-ST-71P CITY-ST-ZIP TITLE ❑ Delete TITLE ❑ Change ❑Addition NAME NAME STREET ADDRESS STREET ADDRESS CITY-ST- ZIP GITY-ST-71P TITLE ❑ Delete TtrLE ❑ Change ❑ Addition NAME NAME STREET ADDRESS STREET ADDRESS CITY-ST-ZIP CITY- ST-ZIP 13. 1 hereby certify that the information supplied with this filing does not quay to the exemption stated in Section 119.07(3)(i). Florida Statutes. I further certify that the information indicated on this report or supplemental r port is true and acCurata an that y signature shall have the same legal effect as if made under oath; that I am an officer or director of tho Corpdration or th© recaivor 1"A [ empowered to execut I repgr as required by Chapter 607, Florida Statutes; and that my name appears in Block 11 or B' k 12 it changed, or qn an attachment wita dress, with all other like )ewer TR NO. 9896 EXHIBIT 01" n Temp Reso # 9097 Page 1 August 2, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-d 3 J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF BID #00-17B "LIME SLUDGE REMOVAL, HAULING AND DISPOSAL" TO DRD ENTERPRISES INC. OF DAVIE FOR AN AMOUNT NOT TO EXCEED $63,250 ANNUALLY BEGINNING OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2002 WITH TWO ADDITIONAL TWO YEAR RENEWAL OPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, lime sludge is a by-product of the water treatment process and must be removed, hauled and disposed of from the City's Water Treatment Plant; and WHEREAS, the City of Tamarac publicly advertised Bid #00-17B "Lime Sludge Removal, Hauling and Disposal" in the Sun -Sentinel on April 30th and May 7th, 2000; and WHEREAS, fourteen (14) vendors were solicited and four (4) bids were opened and reviewed to determine cost and responsiveness to the City's specifications; and WHEREAS, DRD Enterprises Inc. of Davie submitted the lowest responsive responsible bid at a price of $5.75 per cubic yard, and; Temp Reso # 9097 Page 2 August 2, 2000 WHEREAS, sufficient funds are available from the Utilities Department Water Treatment Plant Operating funds; and WHEREAS, it is the recommendation of the Director of Utilities, Water Plant Superintendent and Purchasing/Contracts Manager that Bid #00-17B "Lime Sludge Removal, Hauling and Disposal" be awarded to DRD Enterprises Inc. of Davie for a period beginning October 1, 2000 through September 30, 2002 with two (2) additional two (2) year renewal options, as the lowest responsive and responsible bidder; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents of the City of Tamarac to authorize the award of Bid #00-17B "Lime Sludge Removal, Hauling and Disposal' to DRD Enterprises of Davie in an amount not to exceed $63,250.00 annually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The award of Bid #00-17B "Lime Sludge Removal, Hauling and Disposal" to DRD Enterprises Inc. of Davie, a copy of the Agreement and Bid 00-17B attached hereto as Exhibit "A", for an amount not to exceed $63,250 annually beginning October 1, 2000 through September 30, 2002 with two (2) additional two (2) year renewal options is HEREBY AUTHORIZED. L 1 Temp Reso # 9097 Page 3 August 2, 2000 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 this F..VNT*kv MIA RI"ON S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I Have approved this RESO UTION as to form. CHELL S. R) CITY ATTORNEY 0 day of 4 2000. 4JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER.....,.,.,.. DIST t: COMM. PORTNERON DIST 2: COMM. MISHKIN „r, 4 DIST S: COMM. SWA ROBERTS! DIST 4: VIM AGREEMENT BETWEEN THE CITY OF TAMARAC AND DRD ENTERPRISES INC. OF DAVIE THIS AGREEMENT is made and entered into this fS� day of 20 (fl by and between the City of Tamarac, a municipal corporation with principal o ices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and DRD Enterprises tnc. of Davie, a Florida corporation with principal offices located at 858 NW 81" Terrace Plantation Florida 33324(the "Contractor") to provide for Lime Sludge Remoy Al, _Hauling and Di�sal at the Cit of Tamarac's Water Treatment Plant. 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, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, 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 if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to provide for Lime Sludge Removal, Hauling and Disposal at the City of Tamarac's Municipal Water Treatment Plant. b) CONTRACTOR shall excavate, dewater, load, transport and dispose of the City of Tamarac's Municipal Water Treatment Plant lime sludge. Sludge excavation and removal will be performed in accordance with all rules and regulations promulgated by D.E.P., D.N.R.P. and all other agencies which govern these activities and as per the specifications listed in Bid 00-1713, Lime Sludge Removal, Hauling & Disposal, Exhibit "A" attached. 1 b) Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. c) CONTRACTOR shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. CONTRACTOR shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. CONTRACTOR shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the CONTRACTOR's expense. e) All equipment must be stored in a safe manner when not in operation. The CITY shall not be responsible for damage to any equipment or personal injuries caused by the CONTRACTOR's failure to safely store equipment. f) 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. g) 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 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk 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 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. 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. 2 4) Time of Commencement and Substantial Completion The term of this Agreement is for a period of two (2) years, beginning on October 1, 2000, and following execution by the City and ending on September 30, 2002. Upon expiration of the two (2) year term, the parties may choose to terminate this Agreement, or renew the Agreement by written agreement signed by the parties hereto for a term to be set in the renewal agreement. 5) Contract Sum The Contract Sum for the above work is Five Dollars and seventy five cents ($5.75) per Cubic Yard of Lime Sludge for an estimated quantity of Eleven Thousand Cubic Yards (11,000 Cubic Yards) annually for an estimated total contract price of Sixty Three Thousand, Two Hundred and Fifty Dollars and zero cents annually ($63,250.00) . The Contract sum is determined by the cost of labor and materials for the job located at 7803 NW 615` Street, Tamarac, Florida, also known as the City of Tamarac's Municipal Water Treatment Plant. 6) Payments The CITY shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the CONTRACTOR 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. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Warranty Contractor warrants the job completed against defect for a period of two (2) years commencing in October 1, 2000 through the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps required in Paragraph 2 of this Agreement to the affected areas of the City of Tamarac's Municipal Water Treatment Plant. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. 3 9) Indemnification 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. 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. 10) Non -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. 12) 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. 4 13) Notice Whenever either party desires or is required under this Agreement tog ive notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. X1101 City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR. Marian Pressler President DRD Enterprises Inc. Of Davie 858 NW 81"Terrace Plantation, IFL 33324 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by CONTRACTOR: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY 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. 15) 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 5 of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) 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. 17) 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. 18) 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 nonenforcement 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. 19) 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. NI IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC , through its Mayor and DRD Enterprises Inc. Of Davie, signing by and through its President duly authorized to execute same. �> C&OTO01 MYL11ATA .J Schreiber, Mayor Date: q /dft--3 ATTEST: </---{�- JeffreyMflliYr, City Manager Marion Swenson, CIVIC Date: lirl" City Clerk Date:. do 4 a6 form Xial"'� A -r-M c- - I D Type/Print Name of Corporate Secy. (CORPORATE SEAT_.) (.,Mif6hell S. Kraft, City Attorney DRD Ente se c. Of Davie (Name of President) N Type/Print Name of President Date: CORPORATE ACKNOWLEDGEMENT STATE OF L 0 COUNTY OF The foregoing instrument was acknowledged before me this —' y of v , 20a9e9by -V Aram: I_Q name of officer or agent, title of officer or agent) of` e (D *rMj )9gy!5 z�-X�4ceF'1AUi6ame of corporation acknowledging), a LZoeZ22 (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me Iv(o �P� >zSSC-e�z . (type of identification) as identification and did (did not) take an oath. Or 1-4 o PhTRICIA A. GRANrF1AA1 MY Commission Expires Da, 6. 2MI • Pl�l Bonded by Service Inurm" Commission No. CC676714 1 1 Personally Known ! ) Other I.D.i -2- F. Signature of Notary Public — State of Florida Print, Type or Stamp Name of Notary Public