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Reso 2024-3718
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Reso 2024-3718
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Last modified
10/31/2024 9:52:57 AM
Creation date
10/30/2024 4:27:15 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3718
Date (mm/dd/yyyy)
09/19/2024
Description
Agreement w/ MBR Construction, Inc., to repair, remediate, and resurfacer the City's Pedestrian Bridge at North Bay Road.
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EpdvTjho!Fowfmpqf!JE;!2193E418.88DB.5943.:22G.914D7G:28845EpdvTjho!Fowfmpqf!JE;!ED64EEGG.2G1:.5:C6.C4CB.73549671:658 <br />Cspxbse!Tifsjgg(t!PggjdfCje!2:142NGX <br />property in its possession belonging to SHERIFF, CONTRACTOR will account for same and dispose <br />of it in the manner the PROJECT MANAGER directs. <br />9.2Termination for Default.If CONTRACTOR fails to perform in the manner called for in this Agreement <br />and/or failure to maintain insurance in accordance with the insurance section of this Agreement and/or <br />fails to pass the background investigation process. SHERIFF may, at his sole discretion, terminate the <br />services to be performed pursuant to the Agreement for default. Termination shall be effected by service <br />of a notice of termination on CONTRACTOR setting forth the manner in which CONTRACTOR is in <br />default. CONTRACTOR shall only be paid the Agreement Price for supplied, delivered and accepted <br />goods or services performed in accordance with the manner of performance set forth in this Agreement. <br />CONTRACTOR shall not receive such payment until the Project is finished. In addition, SHERIFF may <br />enter into any Agreement for the completion of the Project or use such other methods as in its opinion <br />shallberequired forthecompletionofthisProjectinanacceptablemanner. <br />9.2.1All costs and charges incurred by SHERIFF, together with the costs of completing the work <br />under this Agreement, shall be deducted from any monies due or which may become due to <br />CONTRACTOR. If such costs exceed the unpaid balance due to CONTRACTOR, then <br />CONTRACTOR shall be liable and shall pay to SHERIFF the amount of suchexcess. <br />9.2.2Upon declaration of default, in addition to the amounts set forth in section 9.2.1above, <br />CONTRACTOR shall be liable for any and all re-procurement costs for any additional <br />Contractor to complete theProject. <br />9.2.3SHERIFF reserves all other remedies provided bylaw. <br />9.3SHERIFF shall have the right of unilateral cancellation for refusal by CONTRACTOR to allowpublic <br />access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, <br />Florida Statutes, and made or received by CONTRACTOR in conjunction with theProject. <br />9.4This Agreement and/or the future construction it contemplates is subject to funding and appropriations <br />from the Broward County. If such funding or appropriations are not allocated at the discretion of <br />Broward County, then this Agreement and/or the future construction that it contemplates shall terminate <br />and SHERIFF shall not be responsible for any further obligations or payments to CONTRACTOR. In <br />no way shall this <br />this Agreement pursuant to section9.1. <br />ARTICLE 10 -NOTICES <br />Whenever either party desires to give notice unto the other, it must be given by written notice, sent by <br />registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at <br />the place last specified, and the place for giving of notice shall remain such until it shall have been changed <br />by written notice in compliancewith the provisions of this paragraph. For the present, the parties designate the <br />following as the respective places for giving notice,to-wit: <br />Notices shall be addressed as follows: <br />Andrew Baker, DirectorofPlanning,Development & Facilities Management <br />16 <br />BrowardOffice <br />15 <br />80370312:!22;67!BNq/!:2 <br /> <br />
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