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Reso 2025-3818
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Reso 2025-3818
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Last modified
8/12/2025 4:43:14 PM
Creation date
6/16/2025 3:53:43 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3818
Date (mm/dd/yyyy)
04/17/2025
Description
Agreement w/ Bausch Enterprises, Inc., for purchase & installation of (3) Lifeguard Towers.
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K. Public Entitv Crime Act <br />Contractor represents that the execution of this Agreement will not violate the Public Entity <br />Crime Act, Section 287.133, Florida Statutes (2022), as may be amended or revised, which <br />essentially provides that a person or affiliate who is a contractor, consultant, or other <br />provider and who has been placed on the convicted vendor list following a conviction for <br />a public entity crime may not submit a bid on a contract to provide any goods or services <br />to City, may not submit a bid on a contract with City for the construction or repair of a <br />public building or public work, may not submit bids on leases of real property to City, may <br />not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under <br />a contract with City, and may not transact any business with City in excess of the threshold <br />amount provided in Section 287.017, Florida Statutes (2022), as may be amended or revised, <br />for category two purchases for a period of 36 months from the date of being placed on the <br />convicted vendor list. Violation of this Section shall result in termination of this Agreement <br />and recovery of all monies paid by City pursuant to this Agreement and may result in <br />debarment from City's competitive procurement activities. <br />L. Independent Contractor <br />Contractor is an independent contractor under this Agreement. Services provided by <br />Contractor pursuant to this Agreement shall be subject to the supervision of the Contractor. <br />In providing such services, neither Contractor nor Contractor's agents shall act as officers, <br />employees, or agents of City. No partnership, joint venture, or other joint relationship is <br />created hereby. City does not extend to Contractor or Contractor's agents any authority of <br />any kind to bind City in any respect whatsoever. <br />M. Inspection and Non -Waiver <br />Contractor shall permit the representatives of City to inspect and observe the Work at all <br />times. <br />The failure of the City to insist upon strict performance of any other terms of this <br />Agreement or to exercise any rights conferred by this Agreement shall not be construed by <br />Contractor as a waiver of the City's right to assert or rely on any such terms or rights on <br />any future occasion or as a waiver of any other terms or rights. <br />N. Assignment and Performance <br />Neither this Agreement nor any right or interest herein shall be assigned, transferred, or <br />encumbered without the prior written consent of the other party. In addition, Contractor <br />shall not subcontract any portion of the Work required by this Agreement, except as provided <br />in the Schedule of Subcontractor Participation. City may terminate this Agreement, effective <br />immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, <br />by Contractor of this Agreement or any right or interest herein without City's prior written <br />consent. <br />CAM #23-0426 <br />Exhibit 3 <br />Page 9 of 18 <br />
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