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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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deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (ID <br />theft), and electronic fraud. <br />2.29 Award of Contract <br />Contractor must bid on all items. Partial bids will not be considered. <br />The City also reserves the right to accept or reject any or all bids, part of bids, and to waive minor <br />irregularities or variations to specifications contained in bids, and minor irregularities in the bidding <br />process. The City also reserves the right to award the contract on a split order basis, lump sum <br />basis, individual item basis, or such combination as shall best serve the interest of the City. <br />A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the <br />right to execute or not execute, as applicable, a contract with the Bidder(s) that is determined to <br />be in the City's best interests. The City reserves the right to award a contract to more than one <br />Bidder, at the sole and absolute discretion of the in the City. <br />2.30 Damage to Public or Private Property <br />Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation systems, <br />vehicles, etc. on or around the job site. Damage to public and/or private property shall be the <br />responsibility of the Contractor and shall be repaired and/or replaced at no additional cost <br />to the City. <br />2.31 Safety <br />The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual on <br />Traffic Control for construction and maintenance work zones when working on or near a <br />roadway. It will be the sole responsibility of the Contractor to make themselves and their <br />employees fully aware of these provisions, especially those applicable to safety. <br />2.32 Uncontrollable Circumstances ("Force Majeure") <br />The City and Contractor will be excused from the performance of their respective obligations under <br />this agreement when and to the extent that their performance is delayed or prevented by any <br />circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, <br />act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of <br />any governmental authority, delay or failure or shortage of any type of transportation, equipment, or <br />service from a public utility needed for their performance, provided that: <br />2.32.1 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 occurrence <br />and its expected duration, and continues to furnish timely reports with respect thereto <br />during the period of the Force Majeure; <br />2.32.2 The excuse of performance is of no greater scope and of no longer duration than is <br />required by the Force Majeure; <br />2.32.3 No obligations of either party that arose before the Force Majeure causing the excuse of <br />performance are excused as a result of the Force Majeure; and <br />2.32.4 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 period <br />in excess of two (2) months, provided that in extenuating circumstances, the City may <br />excuse performance for a longer term. Economic hardship of the Contractor will not <br />CAM #23-0426 <br />Exhibit 1 <br />Page 15 of 43 <br />
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