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Reso 2022-3308
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Reso 2022-3308
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Last modified
3/30/2022 12:20:14 PM
Creation date
3/29/2022 4:29:26 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2022-3308
Date (mm/dd/yyyy)
03/15/2022
Description
Approving agreement w/ Port Consolidated, Inc. for purchase of gasoline & diesel fuel for City's fleet & equipment.
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DocuSign Envelope ID: C327FODO-D8DF-4343-B5DB-90853D1ED8AA <br />30. Headings. The headings or titles to Articles of this Agreement are not part of the <br />Agreement and shall have no effect upon the construction or interpretation of any part of this <br />Agreement. <br />31. Counterparts. This Agreement may be executed in one or more counterparts, each <br />of which shall be deemed an original, but all of which together shall constitute one and the same <br />instrument. A photocopy, email or facsimile copy of this Agreement and any signatory hereon <br />shall be considered for all purposes as original. <br />32. Approvals. Whenever CITY approval(s) shall be required for any action under this <br />Agreement, said approval(s) shall not be unreasonably withheld. <br />33. Absence of Conflicts of Interest. Both parties represent they presently have no <br />interest and shall acquire no interest, either direct or indirect, which would conflict in any manner <br />with their performance under this Agreement and that no person having any conflicting interest <br />shall be employed or engaged by either party in their performance hereunder. <br />34. Binding Effect. The benefits and obligations imposed pursuant to this Agreement <br />shall be binding and enforceable by and against the parties hereto. <br />35. Employment Eligibility. By entering into this Contract, the Contractor becomes <br />obligated to comply with the provisions of Section 448.095, Fla. Stat., 'Employment Eligibility." <br />This includes but is not limited to utilization of the E -Verify System to verify the work <br />authorization status of all newly hired employees, and requiring all subcontractors to provide an <br />affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an <br />unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor <br />knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to <br />termination under this provision must be filed in the Circuit or County Court no later than 20 <br />calendar days after the date of termination. If this contract is terminated for a violation of the statute <br />by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after <br />the date of termination <br />36. Ordering and Payment. It is understood and agreed that the City of Pompano Beach <br />is not a legally bound party to any contractual agreement made between any other agency and the <br />Contractor as a result of this Agreement or purchases made between other agencies. After award <br />of contract to Contractor, the City reserves the right to issue purchase orders in accordance with <br />the terms of this contract. <br />37. Severability. Should any provision of this Agreement or the applications of such <br />provisions be rendered or declared invalid by a court action or by reason of any existing or <br />subsequently enacted legislation, the remaining parts of provisions of this Agreement shall remain <br />in full force and effect. <br />THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK <br />Service Contract with Port Consolidated, Inc. Page 9 of 11 <br />
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