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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 />and/or the Board of Commissioners of Broward County at any time and provide CONTRACTOR <br />with written notice of thesame <br />ARTICLE 13 -UNCONTROLLABLE FORCES <br />Neither SHERIFF nor CONTRACTOR shall be considered to be in default of this Agreement if delays in or <br />failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable <br />diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which <br />results in the prevention or delay of performance by a party of its obligations under this Agreement and which is <br />beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, earthquakes, storms, <br />lightning, epidemic, war, riot, civil disturbance, sabotage, and governmentalactions. <br />Neither party shall, however, be excused from performance if nonperformance is due to forces which <br />are preventable, removable, or remediable and which the non-performing party could have, with the exercise <br />of reasonablediligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party <br />shall within a reasonable time of being prevented or delayed from performance by an uncontrollable force, <br />give written notice to the other party describing the circumstances and uncontrollable forces preventing <br />continued performance of the obligations of thisAgreement. <br />ARTICLE 14 PUBLIC RECORDS <br />SHERIFF is a public agency subject to Chapter 119, Florida Statutes. To the extent CONTRACTOR <br />is acting on behalf ofBSO pursuant to Section 119.0701, Florida Statutes, CONTRACTOR shall: <br />(a)Keep and maintain public records required by SHERIFF to perform the servicescontracted <br />for in thisAgreement. <br />(b)public <br />records, provide SHERIFF or designee with a copy of the requested records or allow the <br />reasonable <br />time at no cost toSHERIFF. <br />(c)Ensure that public records that are exempt or confidential and exempt from public records <br />disclosure requirements are not disclosed except as authorized by law for the duration of the <br />contract term and following completion of the contract if the contractor does not transferthe <br />records toSHERIFF. <br />(d)Upon completion of the contract, transfer, at no cost, to SHERIFF all public records in <br />possession of CONTRACTOR or keep and maintain public records required by SHERIFFto <br />If the <br />CONTRACTOR transfers all public records to SHERIFF upon completion of the contract, <br />the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential <br />and exempt from public records disclosure requirements. If the CONTRACTOR keeps and <br />maintains public records upon completion of the contract, the CONTRACTOR shall meet all <br />applicable requirements for retaining publicrecords. <br />All public records stored electronically by the CONTRACTOR pertaining to the services <br />contracted for in this Agreement must be provided to SHERIFF, upon request from the SHERIFF, <br />compatible with the information technology systems of SHERIFF. <br />80370312:!22;67!BNq/!:4 <br /> <br />
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