HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-049 Temp. Reso. #13582
March 30, 2021
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CITY OF TAMARAC, FLORIDA
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RESOLUTION NO. R-2021 - C)
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AWARDING
RFP NO. 20-11RP TO TECHGROUPONE INC., AND
APPROVING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND TECHGROUPONE, INC. ATTACHED HERETO
AS EXHIBIT "A" AND INCORPORATED HEREIN, TO
PROVIDE DESIGN/BUILD SERVICES FOR SUNSET
HAMMOCK ARTISTIC WORK PROJECT AT
SUNSET PARK LOCATED AT 11000 W MCNAB
ROAD, TAMARAC, IN THE AMOUNT OF
$773,342.09; AUTHORIZING THE INCLUSION OF A
CITY CONTROLLED CONTINGENCY IN THE
PROJECT BUDGET IN THE AMOUNT OF
$77,334.21; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
• AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to encourage and promote public
art within the City; and
WHEREAS, the City is infusing public art into Sunset Park with the creation
and installation of a one of a kind iconic kaleidoscope artwork ("Project") to be
used as an educational art piece to reflect the natural environment and the
Everglades from Sunset Point Park; and
WHEREAS, On August 28, 2017, the City of Tamarac issued Bid
Document No. 17-28R for the Design/Building Construction of Sunset Hammock
Artistic Work, which was abandoned thereafter, due to the high bids received for
the Project; and
1111 WHEREAS, On September 9, 2019, the City Commission provided
consensus to Artist and Architect Margi Nothard to proceed with a low scale
Temp. Reso. #13582
March 30, 2021
Page 2
redesign of the artwork and the preparation of the Design and Specification •
Packet for a re-bid of the Project; and
WHEREAS, On June 11 2020 (Step 1) and then on November 19, 2020
(Step 2) the City of Tamarac issued Bid Document No. 20-11 RF for Sunset Point
Park to solicit competitive bids for the design, fabrication and installation of an
artistic structure comprised of a classroom and reflective kaleidoscope at Sunset
Point Park; and
WHEREAS, the City received responses from both MBR Construction Inc.,
and Techgroupone Inc., for the design, fabrication and installation of the artistic
structure comprised of a classroom and reflective kaleidoscope at Sunset Point
Park; and
WHEREAS, MBR Construction Inc., and Techgroupone Inc., were
evaluated through the formal evaluation process, and Techgroupone, Inc, was
ranked Number 1 (#1) with 535 points with MBR Construction Inc., receiving
522.5 Points; and
WHEREAS, Techgroupone has agreed to design, fabricate and install the
artistic structure at Sunset Point Park at a contract price of $773,342.09; and
WHEREAS, the Directors of Community Development and Public Services
and the Public Art Committee recommend that the City Commission Award Bid
Document No. 20-11 RF and authorize the appropriate City Officials to execute an
Agreement with Techgroupone, Inc.; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to 111
award Bid Document No. 20-11 RF to Techgroupone Inc., and approve the
Temp. Reso. #13582
March 30, 2021
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Agreement attached hereto as Exhibit "A" and incorporated herein, for a contract
g bt p
price of $773,342.09 and to further authorize the inclusion of a City controlled
contingency in the amount of $77,334.21 representing approximately 10% of the
contract cost;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1 : The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof; all exhibits referenced and attached hereto are
• incorporated herein and made a specific part of this resolution.
SECTION 2: Bid Document No. 20-11RF is hereby awarded to
Techgroupone Inc, and the appropriate City officials are hereby authorized to
execute an Agreement with Techgroupone Inc. for a contract price of $773,342.09
copy of said Agreement is attached hereto as Exhibit "A".
SECTION 3: A City controlled contingency in the amount of $77,334.21 is
hereby approved and included in the project budget.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
II) invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
Temp. Reso. #13582
March 30, 2021
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SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
[THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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Temp. Reso. #13582
March 30, 2021
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PASSED, ADOPTED AND APPROVED this ag day of WRI(-- , 2021.
MICHELLE J. OMEZ,
MAYOR
ATTEST:
JENN ER JOF .SON
CITY CLERK
• RECORD OF COMMISSION VOTE:
MAYOR GOME7
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: V/M VILLALOBOS NC'
DIST 4: COMM. FLACK()
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
dill I
HA 4S OTTINOT
CITY ATTORNEY
•
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
TECHGROUPONE, INC
THIS AGREEMENT is made and entered into thi if day of ATr_ , 20.:L/ by and
between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th
Ave., Tamarac, FL 33321 (the "CITY") and TECHGROUPONE, INC a FL corporation with principal
offices located at 8504 NW 66th ST Miami, FL 33166 (the"Contractor")to provide services to complete
Design / Build of Sunset Hammock Artistic Work Project - Steps 1 and 2.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, RFP Document No. 20-11 RP for"Design /
Build of Sunset Hammock Artistic Work Project", issued by the City of Tamarac on June 11,
2020 (Step 1) and November 19, 2020 (Step 2) including all conditions therein, (General Terms
and Conditions, Special Conditions and/or Special Provisions, Instructions to Proposer's),
drawings and/or schematic plans, Technical Specifications, Design Criteria Package, all
addenda, Exhibit A - Letter to Utilize Aluminum - 02-17-2021, Exhibit B - Part 200—Uniform
Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards,
the Contractor's Proposal response dated June 11, 2020(Step 1) and November 19, 2020(Step
21, and all modifications issued after execution of this Agreement. These contract documents
form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement
or repeated therein. In the event that there is a conflict between RFP 20-11 RP for "Design /
Build of Sunset Hammock Artistic Work Project" as issued by City, and the contractor's proposal
responses; RFP 20-11RP for "Design / Build of Sunset Hammock Artistic Work Project" as
issued by City shall take precedence over the contractor's proposal response. Furthermore, in
the event of a conflict between this document and any other Contract Documents, this
Agreement shall prevail.
2. THE WORK
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to
complete the scope of work, as outlined in the contract documents including all
Addendums, Exhibits, Attachments and Appendices.
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior
to the beginning of work under this Agreement and prior to any schedule change
with the exception of changes caused by inclement weather.
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TAMARAC
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Crty of'Totrrorae: POrch a ing and Canlrac:ts Division
2.1.4 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
3. INSURANCE
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form
and amount as specified in the original bid document or as required by the City's Risk
and Safety Manager before beginning work under this Agreement including, but not
limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all
other insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager
certificates of all insurances required under this section prior to beginning any work
under this Agreement. The Contractor will ensure that all subcontractors comply with the
above guidelines and will retain all necessary insurance in force throughout the term of
this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor shall be
responsible for payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies. The following are required types and minimum limits of
insurance coverage, which the Bidder agrees to maintain during the term of this contract:
Insurance Requirements
Line of Business/Coverage Occurrence Aggregate
Commercial General Liability Including:
Premises/Operations
Contractual Liability
Personal Injury $2,000,000.00 $3,000,000.00
Explosion,Collapse,Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Commercial Automobile Liability $1,000,000.00 $1,000,000.00
Workers' Compensation & Employer's Statutory
Professional Liability (Errors and $2,000,000.00 $2,000,000.00
Omissions)
The Offeror must provider the City with evidence of Professional Liability insurance with at a minimum
of One Million dollars($1,000,000.00) per occurrence and in the aggregate "Claims-Made"forms are
acceptable for Professional Liability.
Builder's Risk Insurance: In the amount not less than the replacement cost for the construction of the
work. Coverage shall be"All Risk"coverage for one hundred percent(100%)of the completed value of
the amount of the project.
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
work.Coverage shall be"All Risk"coverage for one hundred percent(100%)of the completed value of
the amount of the project.
Excess liability is not required but the City will accept it if the General Liability cannot cover
the$2M/$3M
4. PERFORMANCE, PAYMENT AND WARRANTY BONDS
4.1 Within fifteen (15) calendar days after contract award, but in any event prior to
commencing work, the Successful Bidder shall execute and furnish the CITY a
Performance Bond and Payment Bond, each written by a corporate surety, having a
resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five(5)years. The surety shall hold a current
certificate of authority from the Secretary of Treasury of the United States as an
acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular No. 570.
4.2 The Contractor shall be required to provide acceptable, separate Performance and
Payment Bonds in the amount of one hundred 100% of the bid award amount as security
for the faithful project performance and payment of all the Contractor's obligations under
the contract documents, per City Code Section 10-156. The Performance Bond shall be
conditioned that the Successful Bidder performs the contract in the time and manner
prescribed in the contract. The Payment Bond shall be conditioned that the Successful
Bidder promptly make payments to all persons who supply the Successful Bidder in the
prosecution of the work provided for in the contract and shall provide that the surety shall
pay the same in the amount not exceeding the sum provided in such bonds, together
with interest at the maximum rate allowed by law and that they shall indemnify and hold
harmless the CITY to the extent of any and all payments in connection with the carrying
out of said contract which the CITY may be required to make under the law. Payment
and Performance Bonds must be submitted on City forms, included herein.
4.3 Warranty Bond shall be submitted to the City for twenty-five percent (25%) of the total
value of the contract (including executed change orders) and come into effect one (1)
year after final payment becomes due, except as otherwise provided by law or regulation
or by the Contract Documents. Successful Bidder shall correct any defective or faulty
work or material which appear within one (1) year after final payment of the Contract,
upon notification by CITY. The Warranty Bond shall coverall costs of labor as well as
materials.
4.4 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor
shall ensure that the Performance and Payment Bond or Bonds referenced above
shall be recorded in the Public records of Broward County at the Bidder's
expense. Proof of recording must be submitted to the City prior to issuance of
any purchase order or payment by the City. One (1) set of original Performance and
Payment Bond documents is required to be provided to the City prior to the issuance of
any Notice to Proceed by the City
5. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
5.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten(10)days after the date that Contractor
receives the City's Notice to Proceed.The work shall be completed within Four Hundred
Ten(410) Calendar days for Final Completion from issuance of City's Notice to Proceed,
subject to any permitted extensions of time under the Contract Documents. The work
under this agreement shall be substantially complete(i.e. Substantial Completion)within
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Three Hundred Sixty-Five (3651 calendar days from issuance of City's Notice to
Proceed.
5.2 During the pre-construction portion of the work hereunder, the parties agree to work
diligently and in good faith in performing their obligations hereunder, so that all required
permits for the construction portion of the work may be obtained by the City in
accordance with the Schedule included in the Contract Documents. In the event that
any delays in the pre-construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force majeure or
are otherwise outside of the control of either party hereto, then the parties shall agree
on an equitable extension of the time for substantial completion hereunder and any
resulting increase in general condition costs.
6. CONTRACT SUM
The Contract Sum for the above work is a "not to exceed" total of: Seven Hundred Seventy-
Three Thousand Three Hundred Forty-Two Dollars and Nine Cents ($773,342.091 which
includes a federal grant of Four Hundred Thousand Dollars and Zero Cents ($400.000.00).
7. PAYMENTS
Payment will be made monthly for work that has been completed, inspected and properly
invoiced. A retainage of ten percent (10%) will be deducted from monthly payments until fifty
percent (50%) of the project is complete. Retainage will be reduced to five percent (5%)
thereafter, upon City review and approval. Retainage monies will be released upon satisfactory
completion and final inspection of the work. Invoices must bear the project name, project
number, bid number and purchase order number. City has up to thirty (30) days to review,
approve and pay all invoices after receipt. The Contractor shall invoice the City for final payment
and provide a written request to the City to commence the one (1) year warranty period, from
the date of City approval of Final Payment. All necessary Releases of Liens and Affidavits and
approval of Final Payments shall be processed before the warranty period begins. All payments
shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218.
8. REMEDIES
8.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with the
requirements of this Agreement, or for losses sustained by the City resultant from the
Contractor's failure to perform in accordance with the requirements of this Agreement.
8.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor correct all
deficiencies in the work to bring the work into conformance without additional cost to the
City, and / or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. The City shall be the sole judge of non-conformance
and the quality of workmanship.
9. CHANGE ORDERS
9.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five
percent (5%) and five percent (5%) respectively.
9.2 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases,
decreases or other changes to the work as may be considered necessary or desirable
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TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
to complete the proposed construction in a satisfactory manner. The Contractor shall
not start work pursuant to a change order until the change order setting forth the
adjustments is approved by the City, and executed by the City and Contractor. Once the
change order is so approved, the Contractor shall promptly proceed with the work.
9.3 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All duties,
responsibilities and obligations assigned to or undertaken by the Contractor shall be at
Contractor's expense without change in the Contract Price or Time except as approved
in writing by the City.
9.4 The Contract Price and/or Time may only be changed by a Change Order. A fully
executed change order for any extra work must exist before such extra work is begun.
Any claim for an increase or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other party promptly (but in no
event later than 15 days) after the occurrence of the event giving rise to the claim and
stating the general nature of the claim. The amount of the claim with supporting data
shall be delivered (unless the City allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accompanied by claimant's written
statement that the amount claimed covers all known amounts to which the claimant is
entitled as a result of the occurrence of said event. No claim for an adjustment in the
Contract Price will be valid if not submitted in accordance with this Paragraph.
9.5 The Contract Time may only be changed by a Change Order. A fully executed change
order must exist prior to extension of the contract time.
9.6 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15) days
after the occurrence of the event giving rise to the claim. Notice of the extent of the claim
shall be delivered with supporting data and stating the general nature of the claim.
Contractor hereby agrees to waive rights to recover any lost time or incurred costs from
delays unless Contractor has given the notice and the supporting data required by this
Paragraph.
9.7 Extensions of time shall be considered and will be based solely upon the effect of delays
to the work as a whole. Extensions of time shall not be granted for delays to the work,
unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay
the progress of work as a whole.Time extensions shall not be allowed for delays to parts
of the work that are not on the critical path of the project schedule. Time extensions shall
not be granted until all float or contingency time, at the time of delay, available to absorb
specific delays and associated impacts is used.
9.8 In the event satisfactory adjustment cannot be reached by City and Contractor for any
item requiring a change in the contract, and a change order has not been issued, City
reserves the right at its sole option to terminate the contract as it applies to these items
in question and make such arrangements as City deems necessary to complete the
work. The cost of any work covered by a change order for an increase or decrease in
contract price shall be determined by mutual acceptance of a Guaranteed Maximum
Price by the City and Contractor. If notice of any change in the contract or contract time
is required to be given to a surety by the provisions of the bond, the giving of such notice
shall be the Contractor's responsibility, and the amount of each applicable bond shall be
adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City.
Failure of the Contractor to obtain such approval from the Surety may be a basis for
termination of this Contract by the City.
10. LIQUIDATED DAMAGES
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Project Substantial completion shall be within Three Hundred Sixty-Five (365) calendar
days from Contractor's receipt of City's Notice to Proceed. Final Completion shall be
within Four Hundred Ten (410) calendar days from date of City's Notice to Proceed. All
time limits stated in the Contract Documents are of the essence of the Agreement. The parties
acknowledge that damages arising from delay in meeting these time limits are difficult or
impossible to ascertain.Therefore,the parties hereby agree that in the event that the Contractor
fails to meet the time limits, as may be extended by the City in accordance with the terms of the
Agreement or as otherwise provided in the Agreement, liquidated damages will be assessed
against Contractor in the amount of Five Hundred Dollars and Zero Cents ($500.00) for each
calendar day beyond the time imposed until such work is completed.
11. NO DAMAGES FOR DELAYS
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF
THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY
CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase
in the construction cost or payment or compensation of any kind from City for direct, indirect,
consequential, impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference be reasonable or
unreasonable,foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,that
this provision shall not preclude recovery of damages by Contractor for hindrances or delays due
solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if
Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's
employees, or separate contractors employed by the City, or by changes ordered in the Work, or
by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably
extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased
by Change Order in order to equitably increase the general conditions component of the
Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of
the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not
reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control,
or by other causes which the City and Contractor agree may justify delay, then the Contract Time
shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in
accordance with and to that extent specifically provided above. No extension of time shall be
granted for delays resulting from normal weather conditions prevailing in the area as defined by
the average of the last ten(10)years of weather data as recorded by the United States Department
of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather
Station.
12. WAIVER OF LIENS
Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to City by
Contractor from all suppliers, subcontractors, and/or Contractors who submitted a "Notice to
Owner" and a Consent of Surety on behalf of any and all other suppliers and subcontractors
who worked on the project that is the subject of this Agreement. Payment of the invoice and
acceptance of such payment by the Contractor shall release City form all claims of liability by
Contractor in connection with the agreement.
13. WARRANTY
Contractor warrants the work against defect for a period of one (1) year from the date of City
approval of final payment. In the event that defect occurs during this time, Contractor shall
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
perform such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to the affected area or to interior structure. The one (1) year
warranty period does not begin until approval of final payment for the entire project, and the
subsequent release of any Performance or Payment Bonds, which may be required by the
original bid document.
14. INDEMNIFICATION
14.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages,
liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or
personal injury, or property damage, including loss of use thereof, directly or indirectly
caused by, resulting from, arising out of or occurring in connection with the operations
of the Contractor or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or property
damage solely attributable to the gross negligence or willful misconduct of the City or its
elected or appointed officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during the term of this
Agreement, even though the claim may be made after the termination hereof.
14.2 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time
15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
15.1 During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, genetic information or
disability if qualified.
15.2 The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity or expression, or disability if qualified.
Such actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship.
16. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties. It is
the intent of the Parties that the Contractor is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of the
Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Contractor's activities and responsibilities
hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
with City, State, or United States policies, rules or regulations relating to the use of Contractor's
funds provided for herein. The Contractor agrees that it is a separate and independent
enterprise from the City, that it had full opportunity to find other business, that it has made its
own investment in its business, and that it will utilize a high level of skill necessary to perform
the work. This Agreement shall not be construed as creating any joint employment relationship
between the Contractor and the City and the City will not be liable for any obligation incurred by
Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.
17. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted
without the prior written consent of the city.
18. NOTICE
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Ottinot Law, P.A.
5944 Coral Ridge Drive, PM #201
Coral Springs, FL 33076-3300
CONTRACTOR
Name: TECHGROUPONE, INC
Address: 304 Indian Trace#641 WESTON, FL 33326
FIN/EIN: 65-1099373
Contract Licensee: CGC1523588
Contact: MAGGI, JUAN C
Email: contractor(a�techgroupone.corn
Phone: 305-517-3040 8000
Fax: 954-642-9814
19. TERMINATION
19.1 Termination for Convenience: This Agreement may be terminated by City for
convenience, upon seven (7) days of written notice by terminating party to the other
party for such termination in which event Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify city against loss pertaining to this termination.
20-11 RP-Design/Build of Sunset Hammock Artistic Work Project-Steps 1 and 2 8 Agreement
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
19.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
20. AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures provided
for in the Agreement have been appropriated by the City Commission of the City of Tamarac in
the annual budget for each fiscal year of this Agreement, and is subject to termination based on
lack of funding.
21. VENUE
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
22. SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
23. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as
to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof or affecting validity or enforceability of such
provisions in any other jurisdiction. The non-enforcement of any provision by either party shall
not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the
remainder of this Agreement.
24. UNCONTROLLABLE CIRCUMSTANCES
24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces"shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions, such as delays in permitting due to outside agencies, which
are beyond the Contractor's control.
24.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
25. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement
20-11 RP-Design/Build of Sunset Hammock Artistic Work Project-Steps 1 and 2 9 Agreement
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
can be supplemented and/or amended only by a written document executed by both the
Contractor and the City.
26. NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert such
a presumption in any proceedings or disputes connected with, arising out of, or involving this
Agreement.
27. CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the Contractor, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement.
28. SCRUTINIZED COMPANIES - 287.135 AND 215.473
28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above.
28.2 Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active
contract term, Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made
in error. If Contractor does not demonstrate that the City's determination of false
certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
29. PUBLIC RECORDS
29.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically,
CONTRACTOR shall:
29.1.1 Keep and maintain public records required by the CITY in order to perform the
service;
29.1.2 Upon request from the CITY, provide the public agency with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time at no cost to the CITY.
20-11 RP-Design/Build of Sunset Hammock Artistic Work Project-Steps 1 and 2 10 Agreement
•
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
29.1.3 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the Agreement and
any renewals thereof if CONTRACTOR does not transfer the records to the CITY.
29.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public
records in possession of CONTRACTOR, or keep and maintain public records
required by the CITY to perform the service. If CONTRACTOR transfers all public
records to the CITY upon completion of the Agreement, CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If CONTRACTOR keeps and
maintains public records upon completion of the Agreement, CONTRACTOR shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the CITY, upon request from the CITY's
custodian of public records in a format that is compatible with the information
technology systems of the CITY.
29.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all
books, reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this contract.
30. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS
The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387).
287.0582 Contracts which require annual appropriation; contingency statement.—No
executive branch public officer or employee shall enter into any contract on behalf of the state,
which contract binds the state or its executive agencies for the purchase of services or tangible
personal property for a period in excess of 1 fiscal year, unless the following statement is
included in the contract: "The State of Florida's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature."
31. E-VERIFY
Definitions:
"Agency" or "Public Employer" for purposes of this section shall mean the City of Tamarac,
a Municipal Corporation which is a political subdivision of the State of Florida.
"Contractor" means a person or entity that has entered or is attempting to enter into a contract
with a public employer to provide labor, supplies, or services to such employer in exchange for
salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
20-11 RP-Design/Build of Sunset Hammock Artistic Work Project-Steps 1 and 2 11 Agreement
TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
"E-Verify system" means an Internet-based system operated by the United States Department
of Homeland Security that allows participating employers to electronically verify the employment
eligibility of newly hired employees.
Effective January 1, 2021, public and private employers, contractors and subcontractors will
begin required registration with, and use of, the E-verify system in order to verify the work
authorization status of all newly hired employees. Contractor acknowledges and agrees to
utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment
eligibility of:
a) All persons employed by Contractor to perform employment duties within Florida during
the term of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Contractor to perform work pursuant to the contract with the City. The Contractor
acknowledges and agrees that use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract with the City
of Tamarac.
Should Vendor become the successful Contractor awarded for the above-named project, by
entering into this Agreement, the Contractor becomes obligated to comply with the provisions
of § 448.095, FL. Statutes, as amended from time to time. This includes but is not limited to
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees; and requiring all Subcontractors to provide an affidavit attesting that the
Subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The
Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a Subcontractor knowingly violates the
statute, the Subcontract must be terminated immediately. Any challenge to termination under
this provision must be filed in the Circuit Court no later than 20 calendar days after the date of
termination. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract by the City for a period of 1 year after the date
of termination. By signing below, the Vendor acknowledges these terms shall be an integral
part of its bid and the Contract.
32. CUSTODIAN OF RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
20-11 RP-Design/Build of Sunset Hammock Artistic Work Project-Steps 1 and 2 12 Agreement
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and
CONTRACTOR, signing by and through its President duly authorized to execute same. [Cc
co
CITY OF TAMARAC
-Michutt11T
J. Gomez, May
Da
ATTE ael C. Cernech, City Manager
to _ --
Je fifer Joh son, C Date
Ity Clerk
Appr ved as to form and legal sufficiency:
Date
Hans Ottinot, Interi City A orney
Date
ATTEST: TE HGROUPO Q INC
Signature of Corporate Secretary Signa ure of resl ent T--
JUAN C. MAGGI JUAN C. MAGGI
Type/Print Name of Corporate Secy. Type/Print Name of President
2/22/2021
(CORPORATE SEAL) Date
TechGroupOne
General Contractor
Licensed&Insured CGC1523588
Phone: (305)517-3040
Email: contractor@techgroupone.com
20-11 RP-Design/Build of Sunset Hammock Artistic Work Project-Steps 1 and 2 13 Agreement
" TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OF MIAMI-DADE
HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgments, personally appeared JUAN C. MAGGI the President
of TECHGROUPONE, INC a Florida Corporation, to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of February 22 2021
Signature of Notary Public
State of Florida at Larg410 e
Notary Public State of Florida Oscar E.Tuero My Commission GG#983056
fOscar E Tuero
,4 My Commission GG 983058 Expires 4/29/2024
i>.,,,,,%Fir Expires04/29/2024 Print, Type or Stamp
Name of Notary Public
0 Personally known to me or
❑ Produced Identification
Type of I.D. Produced
I DID take an oath, or
❑ DID NOT take an oath.
20-11RP-Design/Build of Sunset Hammock Artistic Work Project-Steps 1 and 2 14 Agreement
EXHIBIT A
TechGroup
General contractor
February 19, 2021
City of Tamarac
Purchasing and Contract Division
7525 NW 88t"Ave
Tamarac, FL 33321
RE: 20-11RP Design Build of Sunset Hammock Artistic Work Project
MATERIALS STEEL/ALUMINUM
As we mentioned at the Oral Presentation on February 1st, 2021 about one of the points of clarification
regarding the utilization of materials such as Steel or Aluminum for the fabrication of the Artistic Work
elements, we have discussed with our steel/aluminum provider and confirmed that the utilization of
Aluminum or Steel will not affect the costs of the Project since the price for both materials will be the
same.
All prices on our proposed estimate including the steel/aluminum work, were calculated based on the
conceptual design included in the Design criteria Package provided. We agree to use aluminum in lieu of
the specified steel at no additional cost.
Sim;
TechCir�u one President � p
General Contractor
Licensed&insured CGC1523588
Phone: (305)517-3040
Email: contractor@techgroupone.com
www.techgroupone.com
contractor@techgroupone.com t (954) 646-6997/ (305) 517-3040 Q 8504 NW 66th St Miami, FL 33166
EKHIBIT 13
Appendix II to Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
FEDERAL CERTIFICATIONS
EXHIBIT B FOR AGREEMENT FUNDED BY U.S. FEDERAL
GRANTS
TO WHOM IT MAY CONCERN:
The project is projected be partially or fully funded through a federal grant. Therefore, Bidder / Proposer should
familiarize themselves with all regulations and requirements contained in 2 C.F.R. part 200.
The following certifications and provisions may be required and will apply if the City of Tamarac expends funds
from federal grants for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all
contracts, including small purchases,awarded by the grant recipient shall contain the procurement provisions of Appendix II to Part
200,as applicable.
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at$150,000,which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)
as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate.
Pursuant to Federal Rule(A)above,when a Participating Agency expends federal funds,the Participating Agency reserves all rights
and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either
party.
Does Vendor agree?YES ! Initials of Authorized Representative of offeror
(B) Termination for cause and for convenience by the gr a or su rantee including the manner by which it will be
effected and the basis for settlement.(All contracts in excess of$10,000)
Pursuant to Federal Rule(B)above,when a Participating Agency expends federal funds,the Participating Agency reserves the right
to immediately terminate any agreement in excess of$10,000 resulting from this procurement process in the event of a breach or
default of the agreement by Offeror in the event Offeror fails to:(1)meet schedules,deadlines,and/or delivery dates within the time
specified in the procurement solicitation,contract, and/or a purchase order; (2)make any payments owed;or(3)otherwise perform
in accordance with the contract and/or the procurement solicitation. Participating Agency also reserves the right to terminate the
contract immediately, with written notice to offeror,for convenience, if Participating Agency believes, in its sole discretion that it is
in the best interest of Participating Agency to do so. Offeror will be compensated for work performed and accepted and goods
accepted by Participating Agency as of the termination date if the contract is terminated for convenience of Participating Agency.Any
award under this procurement process is not exclusive and Participating Age y reserves the right to purchase goods and services
from other offerors when it is in Participating Agency's best interest.
Does Vendor agree? YES Initials of Authorized Representative of offeror
„Ad
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the
definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60.1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 CFR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal
Contract Compliance Programs,Equal Employment Opportunity,Department of Labor."
Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction
contract,the equal opportunity clause is incorporated by reference herei .
Does Vendor agree to abide by the above? YES Initials of Authorized Representative of offeror
U.S.C.
,
Page 1 of 5
V
Appendix II to Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
•
•
•
•
•
•
•
•
-Not Applicable
Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all
contracts and subgrants for construction or repair,offeror will be in compliance with all applicable Davis-Bacon Act provisions.
Does Vendor agree? Not Applicable Initials of Authorized Representative of offeror
(E) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701.3708).Where applicable, all contracts awarded by the
non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision
for compliance with 40 U.S.C.3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5).Under
40 U.S.C. 3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are
unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market,or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in
compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all
contracts by Participating Agency resulting from this procurement process.
Does Vendor agree? YES Initials of Authorized Representative of offeror
(F) Rights to Inventions Made Under a Contract or Agreement. I the Federal award meets the definition of "funding
agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding
agency.
Pursuant to Federal Rule(F) above,when federal funds are expended by Participating Agency,the offeror certifies that during the
term of an award for all contracts by Participating Agency resulting from this p ocurement process,the offeror agrees to comply with
all applicable requirements as referenced in Federal Rule(F)above.
Does Vendor agree? YES Initials of Authorized Representative of offeror
(G)Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as amended—
Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award
to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C.1251-1387).Violations must be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
Page 2 of 5
Appendix II to Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
Pursuant to Federal Rule(G)above,when federal funds are expended by Participating Agency, the offeror certifies that during the
term of an award for all contracts by Participating Agency member res ing from this procurement process, the offeror agrees
to comply with all applicable requirements as referenced in Federal Rule )
Does Vendor agree? YES Initials of Authorized Representative of offeror
(H) Debarment and Suspension (Executive Orders 12549 and 12689)— contract award (see 2 CFR 180.220)must not be
made to parties listed on the government wide exclusions in the System for Award Management(SAM),in accordance with
the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689(3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred,
suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549.
Pursuant to Federal Rule(H)above,when federal funds are expended by Participating Agency,the offeror certifies that during the
term of an award for all contracts by Participating Agency resulting from this procurement process,the offeror certifies that neither
it nor its principals is presently debarred, suspended, proposed for deb rment, declared ineligible, or voluntarily excluded from
participation by any federal department or agency.
Does Vendor agree? YES Initials of Authorized Representative of offeror
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Cont actors h apply or bid for an award exceeding $100,000
must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a
member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the
term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process,the
offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). The
undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned,to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an
employee of a Member of Congress in connection with the awarding of a Federal contract,the making of a Federal grant,the making
of a Federal loan,the entering into a cooperative agreement,and the extension,continuation,renewal, amendment,or modification
of a Federal contract,grant,loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,or an
employee of a Member of Congress in connection with this Federal grant or cooperative agreement,the undersigned shall complete
and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be inc ed in the award documents for all covered sub-
awards exceeding$100,000 in Federal funds at all appropriate tiers and that sU ipients shall certify and disclose accordingly.
Does Vendor agree? YES nitials of Authorized Representative of offeror
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process,offeror certifies
that it will comply with the record retention requirements detailed in 2 CFR§ 200.333. The offeror further certifies that offeror will
retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final
expenditure reports or quarterly or annual financial reports,as applicab a c al her pending matters are closed.
Does Vendor agree? YES Initials of Authorized Representative of offeror
Page 3 of 5
Appendix II to Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process,offeror certifies that it
will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conserv-,ion Act(42 U.S.C.6321 et seq.;49 C.F.R.Part 18).
Does Vendor agree? YES 4 Initials of Authorized Representative of offeror
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit
Administration funds,offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to
provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.
Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and
open competition.
Does Vendor agree? YES Initials of Authorized Representative of offeror
PROCUREMENT OF RECOVERED MATERIALS REQUIREMENTS FOR-2 C.F.R.§200.322
Participating Agency and its contractors must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirm tiv rocurement program for procurement of recovered
materials identified in the EPA guidelines..
Does Vendor agree? YES Initials of Authorized Representative of Vendor
CERTIFICATION OF ACCESS TO RECORDS-2 C.F.R.§200.336
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any
books,documents,papers and records of offeror that are directly pertinent to offeror's discharge of its obligations under the Contract
for the purpose of making audits, examinations,excerpts,and transcripti s.The right also includes timely and reasonable access
to offeror's personnel for the purpose of interview and discussion relatin o documents.
Does Vendor agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF AFFORDABLE CARE ACT
Offeror understands and agrees that it shall be solely responsible for compliance with the patient Protection and Affordable Care Act,
Public Law 111-148 and the Health Care and Education Reconciliation Act 111-152(collectively the Affordable Care Act"ACA").The
Offeror shall bear sole responsibility for providing health care benefits for its e loyees who provide services as required by Federal
law.
Does Vendor agree? YES Initials of Authorized Representative of offeror
CERTIFICATION OF APPLICABILITY TO S BCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bm n by the foregoing terms and conditions.
Does Vendor agree? YES Initials of Authorized Representative of offeror
Offeror agrees to comply with all federal,state,and local laws,rules,regulations and ordinances,as applicable.It is further
acknowledged that offeror certifies compliance with all provisions,laws,acts,regulations,etc.as specifically noted above.
Vendor's Name: TECHGROUPONE INC
Page 4 of 5
Appendix II to Part 200—Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards
Address,City,State,and Zip Code: 8504 NW 66th St Miami, Florida 33166
Phone Number: (305) 517-3040 ext 8000 Fax Number: (954) 642-9814
Printed Name and Title of Authorized Representative: JUAN C. MAGGI - PRESIDENT
Email Address: contractor@techgroupone.corn
Signature of Authorized Representative: Date: 2/22/2021
Page 5 of 5
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