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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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X. Payable Interest <br />Except as required and provided for by the Florida Local Government Prompt Payment <br />Act, City shall not be liable for interest for any reason, whether as prejudgment interest <br />or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims <br />and surrenders any and all entitlement it has or may have to receive interest in connection <br />with a dispute or claim based on. or related to this Agreement. <br />Y. Representation of Authority <br />Each individual executing this Agreement on behalf of a party hereto hereby represents <br />and warrants that he or she is, on the date he or she signs this Agreement, duly authorized <br />by all necessary and appropriate action to execute this Agreement on behalf of such party <br />and does so with full legal authority. <br />Z. Uncontrollable Circumstances ("Force Maieure" ) <br />The City and Contractor will be excused from the performance of their respective <br />obligations under this Agreement when and to the extent that their performance is delayed <br />or prevented by any circumstances beyond their control including, fire, flood, explosion, <br />strikes or other labor disputes, act of God or public emergency, pandemic, war, riot, civil <br />commotion, malicious damage, act or omission of any governmental authority, delay or <br />failure or shortage of any type of transportation, equipment, or service from a public utility <br />needed for their performance, provided that: <br />1. The non-performing party gives the other party prompt written notice describing the <br />particulars of the Force Majeure including, but not limited to, the nature of the <br />occurrence and its expected duration, and continues to furnish timely reports with <br />respect thereto during the period of the Force Majeure; <br />2. The excuse of performance is of no greater scope and of no longer duration than is <br />required by the Force Majeure; <br />3. No obligations of either party that arose before the Force Majeure causing the excuse <br />of performance are excused as a result of the Force Majeure; and <br />4. The non-performing party uses its best efforts to remedy its inability to perform. <br />Notwithstanding the above, performance shall not be excused under this Section for a <br />period in excess of two (2) months, provided that in extenuating circumstances, the <br />City may excuse performance for a longer term. Economic hardship of the Contractor <br />will not constitute Force Majeure. The term of the Agreement shall be extended by a <br />period equal to that during which either party's performance is suspended under this <br />Section. <br />13 <br />CAM #23-0426 <br />Exhibit 3 <br />Page 13 of 18 <br />
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