R96-080RESOLUTION R96-,~',~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE WACKENHUT
CORPORATION AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, upon recommendation of staff, it has been determined by the
City Commission to be in the best interests of the citizens and residents of the City
of Boynton Beach to enter into an Agreement with The Wackenhut Corporation,
(hereinafter referred to as "Wackenhut") permitting Wackenhut to place two radio
receivers in the City's Communication shelter;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized to execute an
Agreement between the City of Boynton Beach and The Wackenhut Corporation,
said Agreement being attached hereto as Exhibit "A".
Section 2.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this 78 day of June, 1996.
CITY OF BOYNTON BEACH, FLORIDA
- May6r './/
Vice IV)ga/or ~J
ATTEST:
Ohmmissioner
" Commissioner
Commissioner
AGREEMENT FOR SERVICES
THIS AGREEMENT entered into this c~C) day of June, 1996, by and between the CITY OF
BOYNTON BEACH, a Florida municipal corporation, in the State of Florida (hereinafter referred
to as "CITY"), and THE WACKENHUT CORPORATION (hereinafter referred to as
"WACKENHUT"), a corporation having regional offices at Amtec Center, Building 3, Suite 225,
641~, Congress Avenue, Boca Raton, Florida 33487;
WITNESSETH-
WHEREAS, CITY deems it appropriate to enter into this Agreement with WACKENHUT
to replace the Boynton Beach Tower Top Receiver Multi Coupler System to incorporate ultra low
noise state-of-the-art amplifiers and a TV Channel 69 Filter, in exchange for shared use of the system.
WHEREAS, CITY recognizes the existing empty ports currently available on the tower
antenna; and
WHEREAS, the CITY acknowledges that this Agreement will be a benefit to the general
welfare of the City; and
WHEREAS, the parties hereto desire to reduce the terms of their Agreement to writing;
NOW, THEREFORE for and in consideration of the mutual promises to each other as
hereinafter set forth, the parties hereto do mutually agree as follows:
1.0 WACKENHUT hereby agrees to replace the Boynton Beach Tower Top Receiver,
the antenna Multicoupler System, and to incorporate ultra low noise state-of-the art amplifiers and
a TV Channel 69 Filter.
2.0 WACKENHUT shall be permitted to locate two (2) receivers in the CITY's
communications shelter and utilize the CITY's antenna via spare ports on the antenna multicoupler.
years.
3.0
CITY agrees to permit WACKENHUT to share the use of the system for fifteen (15)
3.5 IN exchange for consideration, the AGREEMENT shall be automatically renewed
after fifteen (15) years, unless the CITY provides written notice of intent to renegotiate the contract
within thirty (30) days of the expiration of the term.
4.0 CITY engages 'WACKENHUT to carry out the full installation and ongoing
maintenance at WACKENHUT's full expense.
4.5 Attached and made a part of this agreement is Exhibit "A" which sets forth the
specific equipment to be provided by WACKENHUT pursuant to this agreement.
5.0 WACKENHUT has, or will secure at its own expense,, all personnel required in
performing the services under this Agreement. Such personnel shall not be employees, of, or have
any individual contractual relationship with CITY or its agencies.
6.0 WACKENHUT and all subcontractors involved in the Project must obtain applicable
public liability and c~ualty insurance prior to working on the Project as set forth in this .Agreement.
7.0 Services under this Agreement are to commence on the date above first entered and
shall e completed by October 1, 1996.
8.0 WACKENHUT shall not assign or transfer any interest in this Agreement.
9.0 WACKENHUT shall hold CITY harmless, their officers, agents and employees, and
save fi.om liability of any kind, including costs and expenses, related to WACKENHUT's acts and/or
omissions.
10.0 It is agreed between the parties hereto that the venue of this Agreement shall be Palm
Beach County, Florida. Florida law will govern the interpretation and construction of this
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Agreement.
ll.O
WACKENHUT agrees that it shall be responsible for the proper custody and care of
any property furnished it for use in connection with the performance of this Agreement.
12.0 WACKENHUT shall comply with all laws, ordinances, codes, rules, regulations, and
licensing requirements that are applicable to the conduct of its business and the work to be performed,
including those of federal, state, and local agencies having jurisdiction and/or authority.
13.0 WACKENHUT shall be considered to be an independent contractor and as such shall
be wholly responsible for the work to be performed and for the supervision of its employees.
14.0 This Agreement, any exhibits annexed hereto and any documents or exhibits
incorporated specifically by reference represent the entire agreement between the parties and
supersede all prior oral or written statements or agreements.
15.0 Any notice under this Agreement shall be sufficient if mailed to the parties as indicated
below:
WACKE~
Attn: Amtec Center, Bldg. 3
Suite 225
6413 Congress Avenue
Boca Raton, Florida 33487
CITY OF BOYNTON BEACH
City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
16. All promises, requirements, terms, conditions, provisions, representations, guarantees
and warranties contained herein shall survive the Agreement expiration or termination date unless
specifically provided otherwise herein, or unless superseded by applicable federal or state statutes of
limitations.
17.0 WACKENHUT shall be responsible for the professional quality, technical adequacy,
timely completion, and coordination of all reports, and other services furnished by WACKENHUT
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under this Agreement, except for errors, omissions, or other deficiencies to the extent attributable to
any third party.
18~0 WACKENHUT shall be and remain liable in accordance with applicable law for all
damages to CITY caused by WACKENHUT's negligent performance of any of the services furnished
under this Agreement except for errors, omissions, or other deficiencies to the extent attributable to
any third party.
19.0 Either party may terminate this Agreement, in whole or in part, without cause by
providing written notice ninety (90) days in advance of termination to the parties of this Agreement.
However, no such termination shall b or may be effected unless the other party is given (1) not less
than fifteen (15) calendar days' written notice (delivered by certified mail, return receipt requested)
of intent to terminate and (2) an opportunity for consultation with the terminating party prior to
termination.
20. ~ through any cause, WACKENHUT fails to fulfill in a timely and proper manner the
obligations under thins Agreement, the CITY shall give written notice to WACKENHUT specifying
CITY's objections to WACKENHUT's performance. IfWACKENHUT fails to satisfy the CITY's
objections within ten (10) days of the mailing of the notice, the'CITY may terminate this Agreement -
by given written notice to WACKENHUT of such termination and specifying the effective date
thereof to be not earlier than ten (10) days after the mailing of the notice of termination. In the evem
of termination by CITY, all finished or unfinished deliverable items under this Agreement prepared
by WACKENHUT may be purchased by CITY fi.om WACKENHUT at fair market value. Should
the parties fail to agree upon a fair market value for said items, WACKENHUT will remove all said
items.
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21. WACKENHUT agrees that in the hiring or employees for the performance of work
under this Agreement or any subcontract, no contractor, subcontractor or any person acting on its
behalf, shall, by reason of race, color, religion, sex, age, handicap, national original, or ancestry,
discriminate against any citizen of this state in the employmem of a person qualified and available to
perform the work to which the employment relates.
Wiff~ess
Print Name
~iifiessJ
Pi-iiai'lqa~ne
CITY OF BOYNTON BEACH
~oerald Taylbr, .~or
THE WACKENHUT CORPORATION
BY:
Print Nal~///~ f
Witnes~f ~/ .
Prim Name
DATE:
WaekentmCr. Con
6/11/96