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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-045 Temp. Reso. #13598 April 14, 2021 Page 1 • CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021 - 7_C A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF REQUEST FOR PROPOSAL #21- 15R, AND EXECUTION OF AN AGREEMENT, ATTACHED HERETO AS EXHIBIT "A", TO PROVIDE PUBLIC ART PROGRAM ADMINISTRATOR SERVICES FOR A CONTRACT TERM OF TWO YEARS TO GADSON AND RAVITZ, LLC IN THE AMOUNT OF $100,000, AUTHORIZING AN APPROPRIATION OF $100,000 FROM THE PUBLIC ART FUND; 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 has had a public art program since 2004 funded by and through a public art fee generated from construction value of improvements to real property in the City; and WHEREAS, the public art program has proven to be a tremendous success and is responsible for significant art sculptures and art pieces displayed throughout the City; and WHEREAS, the program continues to require the administration by an art professional with distinct experience, capable of facilitating and directing the public art committee and administering the public art program; and WHEREAS, in an effort to solicit a public art professional, City staff developed a Request for Proposal (RFP) #21-15R that was formally advertised on • the City's web-site and in the South Florida Sun Sentinel on March 21, 2021, a f Temp. Reso. #13598 April 14, 2021 Page 2 copy of which is included herein as Exhibit "B" (attached hereto, incorporated • herein, and made a specific part thereof); and WHEREAS, the City made contact with individuals we know within the limited public art administrator market and was advised by these individuals that they would not respond to the RFP, due to other obligations; and WHEREAS, the City received a response from only Gadson & Ravitz, LLC who responded to RFP #21-15R; and WHEREAS, Gadson & Ravitz, LLC currently serves as the City's Public Art Administrator, and have been doing so since May, 2015; and WHEREAS, it was not necessary to assemble an Evaluation Committee, as the sole responder Gadson & Ravitz, LLC met the requirements of RFP #21- 15R; and II/ WHEREAS, City staff and Gadson Ravitz, LLC. have agreed upon a contract price of $100,000 for a contract term of two years with a not to exceed travel expense budget of $5,000 for no more than two (2) trips annually; and WHEREAS, an appropriation of $100,000 will be required to fund this agreement and will be paid for entirely from the Public Art Fund; and WHEREAS, it is the recommendation of the Public Art Committee, Community Development Director and the Purchasing and Contracts Manager to award RFP #21-15R to Gadson & Ravitz, LLC to continue serving as the City's Public Art Program Administrator for a contract price of $100,000 for a contract term of two years; and WHEREAS, it is recommended that the appropriate City Officials execute 1111 an Agreement with Gadson & Ravitz, LLC for a contract term of two years; and Temp. Reso. #13598 April 14, 2021 Page 3 • WHEREAS, it is recommended that the City Manager be authorized to exercise the right to renew the contract for up to two (2) additional two (2) year periods; 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 award RFP #21-15R to Gadson & Ravitz, LLC to serve as the City's Public Art Program Administrator for a contract price of $100,000; a copy of said Agreement is included herein as Exhibit "A" (attached hereto, incorporated herein, and made a specific part thereof). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 411 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: the award of RFP #21-15R to Gadson & Ravitz, LLC is hereby approved. SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement with Gadson & Ravitz, LLC. to serve as the City's Public Art Program Administrator for a contract price of $100,000 for a term of two years IIIand authorizing the City Manager to exercise renewal options for up to two Temp. Reso. #13598 April 14, 2021 Page 4 additional two year periods, a copy of said Agreement is attached hereto as • Exhibit "A". 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 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page has been left blank intentionally" • Temp. Reso. #13598 April 14, 2021 Page 5 • SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of M R- IL_ , 2021 MI HELLE J. GOrviEZ, MAYOR ATTEST: JENNY ER J NSO • CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ 06S DIST 1: COMM. BOLTON -V DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS JCS DIST 4: COMM. FLACK() I HEREBY CERTIFY that I have approved this RESOLUTION as to form. HA 'OTTINOT, CITY ATTORNEY eil TAMARAC The City For Your Life 1111 City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND GADSON AND RAVITZ, LLC THIS AGREEMENT is made and entered into this A day of �f/'=i !— 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 Gadson & Ravitz, a Florida Limited Liability Corporation with principal offices located at 7860 West Commercial Boulevard, Lauderhill, Florida 33351 (the "Contractor") to provide Public Art Program Administrator Services. 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, Invitation for Request for Proposal (RFP) Document#21-15R, "PUBLIC ART PROGRAM ADMINISTRATOR SERVICES", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 # 21- 15R, "Public Art Program Administrator Services" as issued by the City, and the Contractor's • Proposal, Invitation for RFP #21-15R as issued by the City shall take precedence over the Contractor's Bid. 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 perform the services required for the locations included in the bid package RFP # 21-15R, PUBLIC ART PROGRAM ADMINISTRATOR SERVICES. 2.1.2 Contractor shall furnish all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner as per the specifications listed within the bid document. 2.1.3 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. 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. • TAMARAC The City For Your Life • City of Tamarac Purchasing and Contracts Division 3. Insurance 3.3 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, 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. 3.4 The following are required types and minimum limits of insurance coverage that the Contractor agrees to maintain during the term of this contract: Line of Business/ Coverage Occurrence Limit Aggregate Limit Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury • Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 Limit $1,000,000 Limit Workers' Compensation & Employer's Liability Statutory 3.5 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 3.6 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's Liability Insurance policies shall be endorsed to add the City as an additional insured. The City reserves its right to select its own defense counsel. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4. Term of Contract 4.1 The initial contract period shall be for two (2) years beginning upon award at final contract execution and award of the Agreement. The City reserves the right to exercise the option to renew for up to two (2) additional two (2) year periods, for a total contract • period not to exceed six (6) years. The City requires a firm price for the initial two (2) year contract period. Renewals will be based on the Successful proposer agreeing to the same TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division terms and conditions and by filing written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the contract amount. Contract renewal shall be based on satisfactory performance, mutual acceptance, and determination that the contract is in the best interest of the City. 4.2 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing and Contracts Manager. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 5. Contract Pricing Pricing under this Agreement shall be based on an hourly rate of Fifty Dollars and No Cents ($50.00); and the total cost shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for the contract period. Travel expenses may be reimbursed for up to an annual maximum of Five Thousand Dollars and No Cents ($5000.00) for no more than two (2) trips per year. 6. Payments 6.1 Payment will be made monthly for work that has been completed and properly invoiced. Invoices must include hourly breakdowns of work performed for various tasks. 6.2 All payments under this Agreement shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7. Indemnification 7.1 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. 7.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. • 7.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum TAMARAC The City For Your Life 411 City of Tamarac Purchasing and Contracts Division of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 7.4 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. 7.5 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. 8. 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 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. 9. 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. 10. Non-Discrimination & Equal Opportunity Employment 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, or disability if qualified. 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 TAMARAC The City For Your Life City of Tamarac _ _ Purchasing and Contracts Division other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11. 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, PA 5944 Coral Ridge Drive, #201 • Coral Springs, FL 33076-3300 CONTRACTOR Gadson & Ravitz, LLC 7860 W. Commercial Boulevard Lauderhill, FL 33351 George Gadson / Beth Ravitz (954) 822-5425 qadsonravitzqmail.com 12. Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 12.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the Cityfor cause,, should the Contractor n of the terms, provisions, conditions, or neglect or fail to perform or observe any 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. 13. Addition or Deletion of Services & Budgetary Constraints The City reserves the right to add to the services specified in this agreement, or to delete • any portion of the resulting Contract, at any time, and if such right is exercised by the City the total fee shall be increased or decreased in the same ratio as the service is to the monthly flat rate quoted by Proposer and accepted by the city. TAMARAC The City For Your Life • City of Tamarac Purchasing and Contracts Division In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 14. 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. 15. 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. 16. 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. 17. Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, S as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the 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 the enforceability of that provision or of the remainder of this Agreement. 18. 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 can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 19. 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. 20. Uncontrollable Circumstances 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 S 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 TAMARAC The City For Your Life • City of Tamarac Purchasing and Contracts Division fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 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. In the event that any City facility is closed due to uncontrollable forces as indicated in Section 19 of this Agreement, the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at the facility in an effort to restore the facility to operational status. 21. Scrutinized Companies - 287.135 AND 215.473 21.1 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. • 21.2 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. 22. Public Records 22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 22.1.1 Keep and maintain public records required by the City in order to perform the service; 22.1.2 Upon request from the City's custodian of public records, 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 a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. • 22.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by TAMARAC The City For Your Life • City of Tamarac Purchasing and Contracts Division law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 22.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the 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. 22.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 23. 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. "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 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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. 24. Contingent Fees The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant 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 Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 25. Truth-In-Negotiations Certificate 25.1 Execution of this Agreement by the Consultant shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 25.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. 26. 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 CITYCLERKCSTAMARAC.ORG 1111 Remainder of Page Intentionally Blank TAMARAC City of Tamarac The City For Your Life 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, through its Mayor and. (Name of party with whom Agreement is made), signing by and through its Partner duly authorized to execute same. CITY_QF T M RA, Michelle J. Gomez, M or �\%\`UF T.Ar►,9 A �;,. 7 • Dat O asPTgI,�►1�[� ,, ichael . ernech, City M ger 6.3 : i l Jen - ; •.,Ahnwon,,G1 IG.\.Glty Clerk Date ''i, COti C \\`\ 0 510 5 j'b Zt‘\\\ Appr for d legal sufficiency: Date e a ttinot, City Attorney 47)--S/e=2-1 Date CONTRACTOR ATTEST: G D N RAVIT C p ny Name Signature of Corporate Secretary gnature of,''a ner George Gadson Type/Print Name of Corporate Secy. Partner (CORPORATE SEAL) Date • TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division • CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF �ejv 1 : I 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 George Gadson, a Partner of Gadson Ravitz, LLC, a Florida Limited Liability 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 j 1, day of7/ / , 20 • Sig a ure of Notary Public State of Florida at Large p.Y Pp• '''�"'9``' ` 0 CoNmEAm►gAsLo nE i,aCy:E2N022DB, ._. 1„ lc* Print, Type or Stamp a edThtu etNo�ry Name of Notary Public ei4''t OF F.°*. Bond Budp i, Personally known to me or Produced Identification Type of I.D. Produced DID take an oath, or DID NOT take an oath. • TAMARAC ,/1.0/'"L..*..s The City For Your Life IIICity of Tamarac Purchasing and Contracts Division REQUEST FOR PROPOSALS c-a o-�.�. , ., ., A , Lefe The * Fo Yo , . ity r ur .1 . (' -"tea,-:mx k�w`.x atli*�ham,• 't*IM r uA7it4 f1 1'F;,.5ms.a .^ .y-.�'�ti�N.".NMm"� i: � -."°vs� cam-^-' , RFP 21 -15R PUBLIC ART PROGRAM ADMINISTRATOR SERVICES • Publish Date: Proposal Due Date and 03/17/2021 Time: 04/05/2021 at 3:00 PM All Questions Due: 03/25/2021 by 12:00 NOON Where to Deliver Proposals https://tamarac.bidsandtenders.orq City of Tamarac Purchasing&Contracts Division 7525 NW 88th Avenue Room 108 (954)597-3570 On behalf of the Community Development Department III TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Date: 03/18/2021 RFP NO. 21-15R ADVERTISEMENT REQUEST FOR PROPOSALS RFP 21-15R PUBLIC ART PROGRAM ADMINISTRATOR SERVICES ALL QUALIFIED PROPOSERS: The City's e-Procurement website bidsandtendersTM shall receive sealed Proposals for the above referenced RFP before 3:00 PM EDT local time, Monday, April 5, 2021. Interested parties shall submit packages electronically to: www.tamarac.orq/bids. ALL QUALIFIED FIRMS: The City of Tamarac is seeking to engage qualified firms to submit proposals (RFP's) for a firm to provide Public Art Program Administrator Services to manage the City of Tamarac Public Art Program. The City's solicitation management system will not accept electronic responses after 3:00 p.m. with no exceptions. Any uncertainty regarding the time a submittal is received will be resolved against the submitting vendor. Proposer shall be required to register with bidsandtendersTM at www.tamarac.org/bids to obtain access to the proposal documents and submit their electronic response. Additionally, all written inquiries shall be submitted through bidsandtendersTM, and all written addenda shall be communicated through bidsandtendersTM as well. For questions regarding any procurement function of the process, contact the Purchasing & Contracts Division Office at (954) 597-3570. Local Tamarac Vendors, Broward County Certified Business Entities, Minority-Owned, Woman- Owned, Veteran-Owned, and Small Business Enterprises are encouraged to respond to this solicitation. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re-advertise for RFP's, to award in whole or in part to one or more Proposers or take any other such actions that may be deemed to be in the best interests of the City. Bet ear tztr—. Purchasing & Contracts Manager Publish Sun-Sentinel. 03/21/2021 • 2 T AM ARC The City For Your Life City of Tamarac Purchasing and Contracts Division • Table of Contents ADVERTISEMENT REQUEST FOR PROPOSALS 2 REQUEST FOR PROPOSALS 4 I. INTRODUCTION 4 II. INFORMATION 4 III. SCHEDULE OF EVENTS 4 IV. INSTRUCTIONS TO OFFERORS FOR REQUESTS FOR PROPOSAL (RFP) 5 V. STANDARD TERMS AND CONDITIONS 14 VI STATEMENT OF WORK 22 VII. PROPOSAL SELECTION & EVALUATION OF PROPOSALS 27 MAXIMUM POINTS 28 SAMPLE FORM AGREEMENT 31 CORPORATE ACKNOWLEDGEMENT 41 • • 3 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division REQUEST FOR PROPOSALS • RFP # 21-15R PUBLIC ART PROGRAM ADMINISTRATOR SERVICES Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract. Proposals will be opened in private. Award will be based on the criteria set forth herein. INTRODUCTION The City of Tamarac is seeking proposals for a firm to manage and administer the City of Tamara Public Art program. The Administrator responsibilities will include, but not be limited to review and recommendations for improvements to the current Public Art Master Plan and managing the day-to-day operations of the program including, but not limited to, development of Calls For Artists, daily interactions with potential and existing artists, management of new art piece installations, management of maintenance efforts for the portfolio of public art works, working with the City's Public Art Committee and the City Commission. II. INFORMATION For information pertaining to this Request for Proposals (RFP), contact Purchasing at (954) 597-3567 for Keith Glatz, CPPO, Purchasing and Contracts Manager. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services • or proposal procedures will be transmitted only by written addendum. It is preferred that all questions be submitted through the online system"submit a question" link at https://tamarac.bidsandtenders.orq III. SCHEDULE OF EVENTS The schedule of events related to this Request for Proposals shall be as follows: RFP Document issued March 18, 2021 Deadline for Written Questions March 25, 2021 at Noon Deadline for Receipt of Proposals April 5, 2021 ©3:00 PM Evaluation of Proposals April 6—April 15, 2021 Presentations by Short-listed Proposers (if applicable) April 20, 2021 Final Ranking of Firms April 21, 2021 Anticipated Award by Commission April 26, 2021 (at the latest) All dates are tentative. City reserves the right to change scheduled dates. • 4 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • IV. INSTRUCTIONS TO OFFERORS "Contractor" - the individual(s) or firm(s) to FOR REQUESTS FOR PROPOSAL (RFP) whom the award is made and who executes the Contract Documents. 1. AUTHORITY "On-line e-procurement system"—The City It is the intent of the City to award the proposal of Tamarac's solicitation management to the responsive proposer providing a partner"bidsandtendersTM" response which is most advantageous to the City. This proposal is issued pursuant to, and "bidsandtendersTM"--The City of Tamarac's governed by the laws of the State of Florida, on-line solicitation management partner and Article VII "Financial Procedures", Section the e-procurement system used by the City. 7.11,"Requirements for Public Bidding,of the The terms"on-line e-procurement system and City of Tamarac Charter; and Chapter 6 "bidsandtendersTM" may be used "Finance and Taxation", Article V, the interchangeably herein. Tamarac Procurement Code. 2. DEFINED TERMS - CONFLICTS Where there appears to be variances or Terms used in these Instructions to Offerors conflicts between the General Terms and are defined as follows: Conditions and the Special Conditions and/or Statement of Work outlined in this proposal, "Request for Proposal(RFP)"—A Request the Special Conditions and/or the Statement for Proposal (RFP) is a method of of Work shall prevail. procurement permitting discussions with responsible offerors and revisions to 4. EXAMINATION OF CONTRACT proposals prior to award of a contract. DOCUMENTS AND SITE Proposals will be opened in private. Award will be based on the criteria set forth herein. 4.1 Before submitting a Proposal, each Offeror must visit the site (if applicable to the "Offeror - one who submits a Proposal in responseprotect) to become familiar with the facilities to a solicitation, as distinct from a Sub-Offeror, who submits a Proposal to the and equipment that may in any manner affect Offeror. cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in "Proposer"—one who submits a Proposal in any manner affect cost or performance of the response to a solicitation.The terms"Offeror" work, must carefully compare the Offeror's and"Proposer"are used interchangeably and observations made during site visits or in have the same meaning. review of applicable laws with the Proposal Documents; and must promptly notify the "Successful Offeror" - the qualified, Purchasing and Contracts Manager of all responsible and responsive Offeror to whom conflicts, errors and discrepancies, if any, in City (on the basis of City's evaluation as the Proposal Documents. hereinafter provided)makes an award. 4.2 The Offeror, by and through the "City" the City of Tamarac, a municipal submission of a Proposal, agrees that Offeror corporation of the State of Florida. shall be held responsible for having examined the facilities and equipment(if applicable); is "Proposal Documents" the Request for familiar with the nature and extent of the work and any local conditions that may affect the Proposals, Instructions to Offerors, Offeror's work, and is familiar with the equipment, Qualifications Statement, Non-Collusive materials, parts and labor required to Affidavit, Certified Resolution, Vendor Drug- successfully perform the work. Free Workplace,Offeror's Proposal,Proposal Security and Specifications, if any, and the proposed Contract Documents (including all 5. OMISSION OF DETAILS/VARIANCES Addenda issued prior to opening of AND EXCEPTIONS Proposals). • 5.1 The apparent silence of the requirements as to any detail,or the apparent omission of a detailed description concerning any point, 5 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division shall be regarded as meaning that only the 7.3 The price proposal shall include all • best commercial practice is to prevail, and franchise fees, royalties, license fees,etc., that only material and workmanship of the as well as all costs for transportation or finest quality is to be used. All interpretations delivery as applicable within the scope of the of the specifications shall be made on the solicitation. basis of this statement. Omission of any essential details from these specifications will 8. PRICES, PAYMENTS, DISCOUNTS & not relieve the Proposer of supplying such ELECTRONIC PAYMENTS services or product(s)as specified. 8.1 Firm Pricing: Prices shall be fixed and 5.2 For the purpose of evaluation,the Offeror firm to the extent required under Special must indicate any variance or exceptions to Conditions. In the absence of a reference in the stated requirements,no matter how slight. the Special Conditions, prices shall be fixed Deviations should be explained in detail. and firm for a period of sixty (60) calendar Absence of variations and/or corrections will days, or ninety (90) calendar days when the be interpreted to mean that the Offeror meets contract must be approved by another all the requirements in every respect. agency. Payment will be made only after receipt and acceptance of materials/services. 6. INTERPRETATIONS AND ADDENDA Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net 6.1 If the Offeror is in doubt as to the meaning cost for bid evaluation. of any of the Proposal Documents, believes that the General Conditions, Special 8.2 Prompt Payment Discounts: Where Conditions and/or Technical Specifications applicable, offeror is encouraged to provide contain errors, contradictions or obvious prompt payment. If no payment discount is omissions, or has any questions concerning offered, the discount shall assume net 30 the information contained in the RFP days. Payment is deemed made on the date documents, the Offeror shall submit a written of the mailing of the check.All payments shall request to the Purchasing Office for be governed by the Local Government 411 interpretation or clarification. Such request Prompt Payment Act, F.S. Chapter 218. must reference RFP name and number, and should be received by the Purchasing Office at least ten (10) calendar days prior to the ""**""IMPORTANT NO► Proposal opening date, or prior to the deadline specified in the"Schedule of Events" 8.3 Payments by Electronic Funds provided herein.Questions received less than Transfer:ALL payments by the City will be ten (10) calendar days prior to the Proposal made by Direct Deposit (ACH) via opening, or the deadline specified by the electronic funds transfer.No paper checks "Schedule of Events" herein, whichever is will be issued after that date. Vendors sooner,may not be answered. must register for direct deposit with the City prior to receiving any payments by 6.2 Interpretations or clarifications in providing a "City of Tamarac Consent for response to such questions will be issued in Direct Deposit" form (ACH Form) to the the form of a written addendum transmitted City's Financial Services Accounting via either fax or email to all parties recorded Division. The form may be accessed on by the Purchasing Office as having received the City of Tamarac web-site at the Proposal Documents. The issuance of a http://www.tamarac.orq/index.aspx?NID=622 written addendum shall be the only official . Please contact the Purchasing & method whereby such an interpretation or Contracts Division at the number shown clarification will be made. on this solicitation document herein as the first point of contact for more information. 7. COSTS AND COMPENSATION 9. NON-COLLUSIVE AFFIDAVIT 7.1 Costs and compensation shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In Each Offeror shall complete the Non- the event of discrepancies existing between Collusive Affidavit form and shall submit the unit prices and extensions or totals,the unit form with their Proposal. City considers the prices shall govern. failure of the Offeror to submit this document 7.2 All costs and compensation shall remain may be cause for rejection of the Proposal. • firm and fixed for acceptance for 60 calendar days after the day of the Proposal opening. 6 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • 10. PUBLIC ENTITY CRIMES 13.SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS In accordance with Florida Statutes§287.133 (2)(a): A person or affiliate who has been The following is a summary of documents placed on the convicted vendor list following required to be submitted for this proposal. a conviction for public entity crime may not Failure to include a Narrative Response, submit a bid on a contract to provide any cost proposal, bid surety (if required below), goods or services to a public entity, may not or any other document that, by its omission, submit a bid on a contract with a public entity may prejudice the rights of other respondents, for the construction or repair of a public may result in immediate rejection of your building or public work, may not submit bids proposal. Other forms or documents which, on leases of real property to public entity,may by their nature do not impact price or the not be awarded or perform work as a Offeror's cost of doing business or which do contractor, supplier, subcontractor, or not prejudice the rights of other proposers consultant under a contract with any public should accompany the Proposal; but must entity,and may not transact business with any be provided within three (3)business days of public entity in excess of the threshold the City's request to be considered amount provided in Florida Statutes§287.017 responsive. for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 14.SUBMISSION OF PROPOSALS 11.CONFLICT OF INTEREST The Proposer is directed to deliver sealed proposals online at https://tamarac.bidsandtenders.orq/Modu The award of any contract hereunder is le/Tenders/en. subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with 14.1 All proposals shall be submitted in the • their Proposal the name of any officer, director, partner, proprietor, associate or English language, and pricing expressed in agent who is also an officer or employee of U.S. Dollars. City or any of its agencies. Further, all Offerors must disclose the name of any officer 14.2 Proposers shall electronically or employee of City who owns, directly or acknowledge the receipt of all addenda. indirectly, an interest of five percent (5%) or more in the Offeror's firm or any of its 14.3 Proposals by corporations must be branches or affiliate companies. Furthermore, executed in the corporation's legal name by bidder shall not enter into any employment the President or other corporate officer, relationship with any individual or firm that accompanied by evidence of authority to sign. creates a potential conflict of interest, or may Evidence of authority shall be provided on the present an opportunity for the inappropriate enclosed Certified Resolution form, or by the sharing of inside information or proprietary company's own Corporate Resolution. information related to this bid. 14.4 Proposals by partnerships must be 12. PERFORMANCE BONDS AND executed in the partnership name and signed INSURANCE by a partner, whose title must appear in the document. Upon award of a contract, the Successful Offeror, as required within the scope of the 14.5 Proposals shall be electronically solicitation, may be required to submit submitted to the Purchasing and performance bonds and/or payment bonds. Contracts Division on or before the time Offeror shall provide certificates of insurance indicated in the Request for Proposals via in the manner,form and amount(s)Specified. the bidsandtendersTM on-line solicitation NOTE: PERFORMANCE & PAYMENT system. Proposals will be held on the BONDS WILL NOT BE REQUIRED FOR bidsandtendersTM server as an encrypted THIS AGREEMENT. document, with no access by the City of Tamarac until immediately following the proposal closing date and time, at which • time all responses shall be securely released to the City. 7 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 14.6 In accordance with Florida Statutes, calendar days thereafter demonstrates to the Chapter§119.07(1)(a)and except as may be reasonable satisfaction of City, by clear and provided by other applicable state and federal convincing evidence, that there was a law, the Request for Proposals and the material and substantial mistake in the responses thereto are in the public domain. preparation of its Proposal,or that the mistake However, Proposers are requested to is clearly evident on the face of the Proposal, specifically identify in the submitted Proposal but the intended correct Proposal is not any financial information considered similarly evident, Offeror may withdraw its confidential and/or proprietary which may be Proposal and any bid security will be returned. considered exempt under Florida Statute Thereafter, the Offeror will be disqualified §119.07(t). from further bidding on the subject Contract. 14.7 All Proposals received from Offerors in 16. REJECTION OF PROPOSALS response to the Request for Proposals will become the property of City. In the event of Contract award, all documentation produced 16.1 To the extent permitted by applicable as part of the Contract shall become the state and federal laws and regulations, City exclusive property of City. reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the 14.8 The Proposer preparing a submittal in work with the Successful Offeror, and to response to this RFP shall bear all expenses disregard all nonconforming, non-responsive, associated with its preparation. The Proposer unbalanced or conditional Proposals. shall prepare a submittal with the Proposals will be considered irregular and understanding that no claim for may be rejected if they show serious reimbursement shall be submitted to the City omissions, alterations in form, additions not for the expense of proposal preparation called for, conditions or unauthorized and/or presentation. alterations, or irregularities of any kind. 14.9 Electronic Media Submission: The 16.2 City reserves the right to reject the • City may require that machine readable Proposal of any Offeror if City believes that it information and data, including computer would not be in its best interest of to make an assisted drafting designs (AutoCAD files) be award to that Offeror, whether because the provided by the proposing firm as a part of its Proposal is not responsive, the Offeror is submittal. The proposing firm shall not be unqualified,of doubtful financial ability,or fails liable for claims or losses arising out of, or to meet any other pertinent criteria connected with, modification by the City, or established by City within the scope of the anyone authorized by the City, decline of solicitation. accuracy or readability of data due to storage or obsolescence of equipment or software, 17. QUALIFICATIONS OF PROPOSERS any use by the City or anyone authorized by the City, of such data for additions to projects except as authorized in writing by the 17.1 Proposals will be considered from proposing firm. Such files should be firms normally engaged in providing the submitted on-line through the service requested. The proposing Firm must bidsandtendersTM online solicitation system. demonstrate adequate experience, organization, facilities, equipment and 15. MODIFICATION AND WITHDRAWAL personnel to ensure prompt and efficient OF PROPOSALS service to the City of Tamarac. The City of Tamarac will determine whether the evidence of ability to perform is satisfactory and 15.1 Proposals may be modified or reserves the right to reject proposals where withdrawn electronically and re-submitted evidence submitted, or investigation and through the City's e-procurement system, evaluation, indicates inability of a firm to bidsandtendersTM prior to the proposal due perform. date. Withdrawal of a Proposal will not prejudice the rights of an Offeror to submit 17.2 Each Offeror shall complete the Proposals for future opportunities. Offeror's Qualifications Statement and submit the form with the Proposal. Failure to submit 15.2 If, within twenty-four (24) hours after the Offeror's Qualifications Statement and the • Proposals are opened,any Offeror files a duly documents required thereunder may signed,written notice with the Purchasing and constitute grounds for rejection of the Contracts Division Office, and within five (5) Proposal. 8 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • 17.3 Asa part of the evaluation process,the answered in the form of an Addendum. City may conduct a background investigation Interpretations or clarifications in response to including a criminal record check of such questions will be issued in the form of a Proposer's officers and/or employees, by the written addendum with such notice Broward County Sheriffs Office. Proposer's transmitted to all parties recorded by the submission of a proposal constitutes Purchasing Office as having received the acknowledgement of and consent to such Proposal Documents through our online e- investigation. City shall be the sole judge in Procurement system. The issuance of a determining Proposer's qualifications. written online addendum shall be the only official method whereby such an 17.4 No proposal shall be accepted from, interpretation or clarification will be made. nor will any contract be awarded to, any person who is in arrears to City for any debt 18.3 Written addenda shall serve as the or contract, who is a defaulter, as surety or sole means of clarification. The City shall not otherwise, of any obligation to City, or who is be responsible for oral interpretations given deemed irresponsible for unreliable by City. by any City employee or its representative. City will be the sole judge of said determination. SPECIAL NOTE--Addendums will only be issued electronically through the 17.5 The City reserves the right, before City's e-procurement system.Vendors will recommending any award, to inspect the be notified of the availability of new facilities, equipment and organization or to solicitations and addendums via e-mail take any other action necessary to determine (per the vendor's selected commodity ability to perform in accordance with the choice). specifications,terms and conditions. 18.4 No negotiations, decisions or 17.6 Employees of the Proposer shall at all actions shall be initiated or executed by the times be under its sole direction and not an Proposer as a result of any discussions with employee or agent of the City. The Proposer any City employee. Only those shall supply competent and physically communications that are issued in writing capable employees.The City may require the from the Purchasing&Contracts Division may Proposer to remove an employee it deems be considered as a duly authorized careless, incompetent, insubordinate or expression. Also, only communications from otherwise objectionable. Proposer shall be Proposers that are either submitted online responsible to the City for the acts and through the City's e-procurement system or in omissions of all employees working under its writing will be recognized by the City as duly directions. authorized expressions on behalf of the Proposer. 18. INTERPRETATIONS &ADDENDA 19. FORM AGREEMENT DOCUMENT 18.1 If the Offeror is in doubt as to the meaning of any of the Proposal Documents, The City may attach as a part of this believes that the General Conditions, Special solicitation, a Form Agreement document. Conditions and/or Technical Proposers shall be responsible for complying Specifications/Scope of Work errors, with all of the terms and conditions of the contradictions or obvious omissions, or has Form Agreement document if included herein, any questions concerning the information except where variant or conflicting language contained in the RFP documents, the Offeror may be included in any Special Conditions shall submit a written request to the contained herein. Proposers shall note any Purchasing Office for interpretation or deviation or variance with the Form clarification through the City's e-procurement Agreement document at the time of bid system, and should be received by the submission. Purchasing and Contracts Division Office at least seven (7) calendar days prior to the 20.OTHER GOVERNMENTAL ENTITIES Proposal opening date, or prior to the deadline specified in the"Schedule of Events" provided herein,whichever is the earlier date. If a Proposer is awarded a contract as a result of this RFP, Proposer will, if Proposer has • 18.2 Questions shall be submitted through sufficient capacity or quantities available, the City's online e-procurement system by the provide to other governmental agencies, so due date listed above. All questions shall be requesting, the products or services awarded 9 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division in accordance with the terms and conditions 25. CONTINGENT FEES PROHIBITED • of the Invitation for Bid and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, 21. UNBALANCED PROPOSAL PRICING contractor or subcontractor, working in its employ,to solicit or secure a contract with the When a unit price proposed has variable or City, and that it has not paid or agreed to pay estimated quantities,and the proposal shows any person, company, corporation, individual evidence of unbalanced proposal pricing, or firm other than a bona fide employee, such proposal may be rejected. contractor or sub-consultant, working in its employ,any fee,commission,percentage,gift or other consideration contingent upon or 22. INFORMATION REQUESTS AFTER resulting from the award or making of a DUE DATE contract with the City. Pursuant to Florida Statute Chapter 119, 26. PROHIBITION AGAINST LOBBYING Section 071 (1), sealed bids or proposals received by an agency pursuant to invitations During the solicitation of any bid or proposal, to bid or requests for proposals are exempt any firm and its agents, officers or employees from the provisions of subsection (1) and s. who intend to submit, or who have submitted, 24(a),Art. I of the State Constitution until such bids or proposals shall not lobby, either time as the agency provides notice of a individually or collectively, any City decision or intended decision pursuant to F.S. Commission members, candidates for City §119.071(1) (b) (2), or within 30 days after bid/proposal opening,whichever is earlier. Commission or any employee of the City. Contact should only be made through regularly scheduled Commission meetings,or 23. BUDGETARY CONSTRAINTS meetings scheduled through the Purchasing and Contracts Division for purposes of In the event the City is required to reduce obtaining additional or clarifying information. • contract costs due to budgetary constraints, Any action, including meals, invitations, gifts or gratuities by a submitting firm, its officers, all services specified in this document may be agents, or employees shall be within the subject to a permanent or temporary purview of this prohibition and shall result in reduction in budget. In such an event, the the immediate disqualification of that firm from total cost for the affected service shall be further consideration. reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. During a formal solicitation process, contact with personnel of the City of Tamarac other 24.PROTESTS than the Purchasing and Contracts Manager or designated representative regarding any such solicitation may be grounds for Any actual or prospective bidder, offeror, or elimination from the selection process. contractor who is aggrieved in connection (Reference: Tamarac Procurement Code with the solicitation or award of a contract may Section 6-156.) protest to the purchasing and contracts manager. The protest shall be submitted in 27. EVALUATION OF PROPOSALS writing within five(5)business days after such aggrieved person knows or should have known of the facts giving rise thereto and shall 27.1 Evaluation Method & Criteria: An be submitted with the procedures outlined in Evaluation and Selection Committee will be section 6-154"Appeals and remedies" of the appointed by the City Manager for each Tamarac procurement code, available at the Request for Proposal (RFP) and will be following link: responsible for selecting the most qualified firm and then negotiating a contract. The https://www.municode.com/library/flltamarac/ Proposers with the highest ranked submittals codes/code of ordinances?nodeld=PTIICO may be asked to make a detailed presentation CH6FITA ARTVTAPRCO of their product/service to the Evaluation and Selection Committee. • 10 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • 27.2 All Proposers are advised that in the contract, the City may terminate such event of receipt of an adequate number of negotiations and begin negotiations with the Proposals which in the opinion of the next selected Proposer. No Proposer shall Evaluation Committee require no clarification have any rights against the City arising from d/or supplementary information, such such negotiations. Proposals may be evaluated without discussion. Hence, proposals should be 28.WEIGHTED CRITERIA / BEST VALUE initially submitted on the most complete and favorable terms which Proposers are capable SCORING of offering to the City. 28.1 The City's evaluation criteria may 27.3 Proposal Scoring:The Evaluation include, but shall not be limited to,the criteria and Selection Committee will be responsible shown below. The City many also use a Best for evaluating and assigning scores to each Value Scoring as an alternative scoring proposer's response based on the specific method. The actual criteria will be provided in evaluation criteria established for the the Proposal document. The potential proposal. Based on the number of proposals weighted criteria may include the following received, the Evaluation Committee may examples (See proposal package for assign an initial score with the intent of short- Actual Evaluation Criteria.) listing proposers who may be asked to provide an oral presentation to the 28.2 Best Value Scoring. As an Committee. alternative to using a weighted criteria, the City may utilize a Best Value Scoring process. 27.4 After presentations, firms will be The Best Value Scoring will require the assigned a final score, with the highest- Evaluation Committee to assign a composite ranked firm moving forward to the negotiation score rank, based on the Committee's phase. Upon completion of oral determination of the relative overall value of presentations, the Evaluation Committee the Proposer's response. Composite scores • reserves the right to make the decision for the will rank responses from 1 (1st place), 2 (2nd final recommendation for award utilizing one place), and so on, for the total number of of the following scoring methods: responses under consideration. • Use the original criteria-based weighted 28.3 When specific weighted criteria are scoring requiring the Committee to re- included in the City's proposal document, the score each proposal using the original weighted criteria shall be used for the initial weighted criteria; evaluation of proposals for either short-listing, • Addition of an additional scoring or as the final evaluation method if the number of responses received does not component to comparatively score the warrant a short-listing cycle. The City may quality of the proposer's oral then use a best value ranking for the final presentation;or ranking of firms after the completion of the • A singular comparative ranking of each evaluation process and/or any oral finalist whereby the highest ranked firm presentations provided by the short-listed would be ranked as"#1", or 1st place,the firms. When there is an absence of weighted second highest firm would be ranked as criteria, the Evaluation Committee will utilize "#2", or 2nd place,and so on for each of a best value ranking process. the finalist firms. The firm ranked as #1 would then be recommended to receive the contract award. Note: This method 28.4 Best and Final Offer. The City will be the City's default methodology for reserves the right to request Best and Final final scoring. Offers from any or all Proposers when the City determines that information received during the evaluation process warrants additional 27.5 Upon successful negotiation, a clarification. recommendation for award will be considered by the City Commission. No work on this project shall proceed without written 29.ACCEPTABLITY OF PROPOSALS authorization from the City of Tamarac. The Offer shall be evaluated solely in 27.6 The City reserves the right to enter accordance with the criteria set forth herein. • into contract negotiations with the selected The proposals shall be categorized as Proposer. If the City and the selected follows: Proposer cannot negotiate a successful 11 TAMARAC The City For Your Life City of Tamarac Picrnacing ood Contracts z- csna 1. Acceptable ; the Local Tamarac Vendor (LTV), Certified 2. Potentially Acceptable — Proposal is Broward County businesses small reasonably susceptible of being made businesses (CBE) and to our Veteran acceptable;or Community (VOSB). As such, we offer the 3. Unacceptable — Scoring is below an following incentives on our Request for aggregate score which may be specified in Proposal (RFP) solicitations in the following the proposal document, or in the absence of preference order: a specific aggregate score,a score lower than 70%of the potential possible points available. Preference Process -- Competitive Sealed Proposals (Requests for Proposals): For 30. RIGHT TO REJECT PROPOSALS evaluation purposes, local Tamarac vendors, Broward County CBE and Veteran-Owned To the extent permitted by applicable state Small Business vendors shall receive bonus and federal laws and regulations, City y points above and beyond the evaluation criteria maximum score, unless specifically reserves theright to reject any and all Proposals, to waive any and all informalities exempted by Additionally,the City Manager uror the City not involving price, time or changes in the Commssion. t for purposes of work, and to disregard all nonconforming, evaluationdor locatedof a Request Cityfo Proposal,T a non-responsive, unbalanced or conditional vendor outside the of Tamarac . Proposals will be considereds limits is equivalent to a Tamarac vendor, and Proposalsaccorded the same preference if its proposal irregular and may be rejected if they show includes the utilization of subcontracts of at serious omissions, alterations in form, least ten percent(10%) of the scope of work additions not called for, conditions, provided for in the proposal for an identifiable unauthorized alterations, or irregularities of and verifiable local Tamarac vendor. any kind. City reserves the right to reject any Proposal Any firm claiming a preference as a Local if City believes that it would not be in its best Tamarac Vendor, or as a Broward County interest to make an award to a particular BuCertified Small Business Vendor -- County Proposer, either because the Proposal is not written proof Entity(CBE),must provides claimieor responsive, the Proposer is unqualified, of written to support that vendor's for doubtful financial ability, or fails to meet any Section granting of the preference as defined in other pertinent criteria established by City Section 6-146.1 of the Tamarac Procurement within the scopecr this solicitation. Code. Failure to provide such proof will result in that vendor not being given further consideration for the preference being 31.AWARD RESERVATIONS claimed. Recipients may receive credit for either being a Local Tamarac Vendor, a Award shall be made by the City to the Broward County Small Business Vendor, or a responsible offeror whose proposal is Veteran-owned Small Business, whichever determined to be the most advantageous to has the higher point value. NOTE: Proposers the City, taking into consideration price and may be considered for only one (1) of the the evaluation criteria set forth herein below. allowable preference categories. No The City of Tamarac reserves the right to proposer may accumulate bonus points for accept the Proposal as a whole, or for any multiple categories. (Example 1: A Local component thereof if it appears to be in the Tamarac vendor who is also a Broward best interest of the City. County CBE will only be eligible to receive 5 bonus points. Example 2: A Broward County CBE who is also a Veteran-owned business 32-PREFERENCE FOR TAMARAC will only be eligible to receive 2.5 total bonus LOCAL, CBE AND VETERAN OWNED points.) FIRMS Additional information regarding the City's The City of Tamarac is responsive to our Local Preference Ordinance, including all Local Tamarac Vendors (LTV), to the exceptions to the program, may be accessed Broward County businesses small by searching at the following link: businesses who have been certified as a https://library.municode.com/fl/tamarac/ordin County Business Entity (CBE) and to our ances/code of ordinances?nodeld=958807 Veteran-Owned Small Business Community (VOSB), In accordance with Chapter 6- , What is a Local Tamarac Vendor?(LTV) "Local Business Preference" of the -5410 Tamarac Procurement Code, authorizes a Bonus Points preference program for firms who are part of 12 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • Definition: "Local Tamarac Vendor" (LTV) A http://www.broward.orq/EconDev/Paqes/loca business entity which has maintained a Icertificationprograms.aspx permanent place of business with full-time employees within the city limits for a minimum Only Contractors who are approved by the of one year prior to the date of issuance of a Broward County Office of Economic and bid or proposal solicitation. The permanent Small Business Development (OESBD) and place of business may not be a post office are included on the Broward County Certified box. The business location must actually Vendor Directory will be eligible for distribute goods or services from that location. consideration for the CBE preference which In addition, the business must have a current will qualify the firm to receive 2.5 additional business tax receipt from the City of Tamarac. bonus points to be added to the score for A vendor located outside of the City of each evaluator. Tamarac city limits is considered equivalent to a Tamarac vendor and accorded the same preference if its proposal includes the What is a Veteran-Owned Small Business utilization of subcontracts of at least ten (10) (VOSB)?-2.5 Bonus Points percent of the scope of work provided for in A Veteran-Owned Small Business" (VOSB): the proposal for identifiable and verifiable as specified in U.S. 38 CFR § 74.1, as local Tamarac Vendor(s)as defined herein. amended, is a business that is not less than fifty-one (51) percent owned by one or more Prime who qualify as a Local veterans,or in the case of any publicly owned business, not less than fifty-one (51) percent Tamarac Contractorsacors (LTV) will be eligible for of the stock which is owned consideration for the LW preference which veterans; one or will qualify the firm to receive 5 additional n the management and daily more bonus points to be added to the score for business operations of which are controlled eachn evaluator. by one or more veterans and qualifies as "small" for federal business size standard purposes. • What is a County Business Entity(CBE)in • Broward County?-2.5 Bonus Points Prime contractors who qualify as a Veteran- Owned Small Business (VOSB) will be A Broward County Business Entity is a firm eligible for consideration for the LTV that is certified by the Broward County Office preference which will qualify the firm to of Economic and Small Business receive 2.5 additional bonus points to be Development (OESBD) who can provide added to the score for each evaluator. proof of that certification to the City as part of any solicitation response. In accordance with The order of precedence for preferences is: 1) Chapter 6-146.1., "Local Business Local Tamarac Vendor (LTV); 2) Broward Preference" of the Tamarac Procurement County CBE; and 3) Veteran-Owned Small Code, authorizes a preference program for Business(VOSB). Local Tamarac Vendors (2.5 points). Firms interested in becoming a Broward County Business Entity(CBE)must be registered and validated by the Broward County Office of Economic and Small Business (OESBD) Development. Interested vendors may obtain more information at: Remainder of Page Intentionally Blank S 13 TA,�-MARAC The City For Your Life City of Tamarac Purchasing and Contracts Division V. STANDARD TERMS AND CONDITIONS • Our Vision and Mission Our Vision:The City of Tamarac, our community of choice—leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence. . .Always"It is our job to foster and create an environment that. . . Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. 4111 Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered;in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation. 1. STANDARD TERMS AND over these Standard Terms and CONDITIONS Conditions. If no changes or deletions to the Standard Terms and Conditions are made in the Special Conditions, then the Standard These Standard Terms and Conditions apply Terms and Conditions shall prevail in their to all offers made to the City of Tamarac by all entirety. prospective Proposers, including but not limited to, Requests for Quotes, Requests for Proposal and Requests for Bid. As such the 2. INSURANCE words "bid", "proposal" and "offer" are used interchangeably in reference to all offers 2.1 Offeror agrees to, in the submitted by prospective Proposers.The City performance of work and services under this of Tamarac reserves the right to reject any or Agreement,comply with all federal,state,and all proposals, to waive any informalities or local laws and regulations now in effect, or irregularities in any proposals received, to re- hereinafter enacted during the term of this advertise for proposals, to enter into contract agreement that are applicable to Offeror, its negotiations with the selected Proposer or employees, agents, or subcontractors, if any, take any other actions that may be deemed to with respect to the work and services be in the best interest of the City of Tamarac. described herein. Any and all special conditions in this RFP or any sample agreement document that may be 2.2 Offeror shall obtain at Offeror's • in variance or conflict with these Standard expense all necessary insurance in such form Terms and Conditions shall have precedence and amount as required by this proposal or by 14 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • the City's Risk Manager before beginning 2.7 All insurance carriers shall be rated work under this Agreement. at least A-VI I per Best's Key Rating Guide and shall be licensed to do business in Florida. 2.3 Offeror shall maintain such Policies shall be "Occurrence" form. Each insurance in full force and effect during the life carrier will give the City sixty(60)days notice of this Agreement. Offeror shall provide to the prior to cancellation. City's Risk Manager current certificates of all insurance required under this section prior to 2.8 The Offeror's liability insurance beginning any work under this Agreement. policies shall be endorsed to add the City of Tamarac as an "additional insured". The 2.4 Offeror shall indemnify and save the Offeror's Workers' Compensation carrier will City harmless from any damage resulting to it provide a Waiver of Subrogation to the City. for failure of either Offeror or any Sub-Offeror to obtain or maintain such insurance. 2.9 The Offeror shall be responsible for the payment of all deductibles and self- 2.5 The following are required types and insured retentions. The City may require that minimum limits of insurance coverage, which the Offeror purchase a bond to cover the full the Offeror agrees to maintain during the term amount of the deductible or self-insured of this contract: retention. Insurance Requirements 2.10 If the,O��ff,� ror is required to provide professional s6ffleg under this Agreement, Line of Business Coverage the evidence O0urTtWitsional Liability Aggregate insurance coverage with, at a minimum, a Commercial General Liability Including: limit of$1,000,000 per occurrence and in the Limits:$1,000,000 Per Occurrence/Aggregate aggregate must be provided. "Claims Made" forms are acceptable only for Professional Premises/Operations Liability. • Contractual Liability Personal&Advertising iniury 2.11 The Successful Offeror agrees to Bodily Iniury perform the wotie Contract as an $2 000,000 Independent Contractors independent confractor, and not as a subcontractor, agent or employee of City. Explosion, Collapse and Underground Hazard Products/Completed Operation 3. INDEMNIFICATION Broad Form Property Damage Cross Liability and Severability of Interest Clause 3.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other Automobile Liability obligation to ind(100itj000' City and to the $1,000,000 Limits:$1,000,000 Per Occurrence/Aggregate fullest extent permitted by law, protect, Workers Compensation&Employer's Liability defend, indemnify and hold harmless the City, Statutory their agents, el dials and employees from and against all claims,actions, liabilities, losses (including economic losses), costs The City reserves the right to require arising out of any actual or alleged: higher limits or additional coverages depending upon the Statement of Work under this Agreement. a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, 2.6 Neither Offeror nor any Sub-Offeror or any other damage or loss arising out of or shall commence work under this contract until resulting,or claimed to have resulted in whole they have obtained all insurance required or in part from any actual or alleged act or under this section and have supplied the City omission of the Contractor, any sub- with evidence of such coverage in the form of Contractor, anyone directly or indirectly an insurance certificate and endorsement. employed by any of them, or anyone for The Offeror will ensure that all Sub-Offerors whose acts any of them may be liable in the will comply with the above guidelines and will performance of the Work; or maintain the necessary coverages throughout the term of this Agreement. b). violation of law, statute, ordinance, governmental administration order, rule, 15 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division regulation, or infringement of patent rights by applicable to services rendered under any • Contractor in the performance of the Work; or potential Agreement shall be those of Contractor, which policies of Contractor shall c). liens, claims or actions made by the not conflict with City, State, or United States Contractor or any sub-contractor under policies, rules or regulations relating to the workers compensation acts; disability benefit use of Contractor's funds provided for herein. acts, other employee benefit acts or any The Contractor agrees that it is a separate statutory bar.Any cost of expenses, including and independent enterprise from the City,that attomey's fees, incurred by the City to enforce it had full opportunity to find other business, this agreement shall be borne by the that it has made its own investment in its Contractor business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as 3.2 Upon completion of all Services, creating any joint employment relationship obligations and duties provided for in this between the Contractor and the City and the Agreement, or in the event of termination of City will not be liable for any obligation this Agreement for any reason,the terms and incurred by Contractor, including but not conditions of this Article shall survive limited to unpaid minimum wages and/or indefinitely. overtime premiums. 3.3 The Contractor shall pay all claims, 5. TERM /SCHEDULE losses, liens,settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not 5.1 Contract Term: The City may limited to, reasonable attomey's fees require a final term Agreement which shall be (including appellate attomey's fees) and in place for a specified timeframe and may costs. additionally provide for one or more renewal options. Such information shall be provided in 3.4 City reserves the right to select its the Statement of Work herein. When the City own legal counsel to conduct any defense in utilizes a term Agreement, the successful • any such proceeding and all costs and fees contractor will be responsible to successfully associated therewith shall be the perform in accordance with the requirements responsibility of Contractor under the of the Statement of Work for the full term of indemnification agreement. the Agreement, as well as any agreed upon contract renewals and extensions. In the event that The City is unable to renew or 3.5 Nothing contained herein is replace an agreement prior to the end of the intended nor shall it be construed to waive contract term,the Contractor shall continue to City's rights and immunities under the perform under the Agreement on a month-by- common law or Florida Statute 768.28 as month basis at the same terms, conditions amended from time to time. and pricing currently in place on the originally scheduled contract completion date, for a 4. INDEPENDENT CONTRACTOR period not to exceed three(3)months, or until a new contract is put in place, whichever period is shorter An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the 5.2 Project Schedule. When intent of the Parties that the Contractor is an submitting a proposal for a single project, independent contractor under this Agreement which will be accepted upon final completion and not the City's employee for any purposes, of work, Proposer shall provide City with an including but not limited to, the application of estimated number of days and hours the Fair Labor Standards Act minimum wage anticipated to complete the project. The City and overtime payments, Federal Insurance reserves the right to consider the acceptability Contribution Act, the Social Security Act, the or unacceptability of the Proposer's schedule Federal Unemployment Tax Act, the based upon the needs of the City for the provisions of the Internal Revenue Code, the individual project.The City shall be sole judge State Worker's Compensation Act, and the of the acceptability of a proposed project State Unemployment Insurance law. The schedule 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 16 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 6. DELIVERIES payment. The warranty period shall commence upon final acceptance of the Any item requiring delivery by the Offeror or product. by sub-contractors shall be delivered F.O.B. destination to a specific City address. All 9. COPYRIGHTS OR PATENT RIGHTS delivery costs and charges must be included in the bid price. If delivery of an item is The Offeror warrants that there has been no required, the City reserves the right to cancel violation of copyrights or patent rights in the delivery order(s) or any part thereof, manufacturing,producing or selling the goods without obligation if delivery is not made at the shipped or ordered as a result of this bid.The time specified in the proposal. seller agrees to hold the City harmless from all liability, loss or expense occasioned by any 7. WARRANTIES such violation. 7.1 Successful Offeror warrants to City 10.SAFETY STANDARDS that the consummation of the work provided for in the Contract documents will not result in The Proposer warrants that the product(s) the breach of any term or provision of, or supplied to the City shall conform in all constitute a default under any indenture, respects to the standards set forth in the mortgage, contract, or agreement to which Occupational Safety and Health Act of 1970 Successful Offeror is a party. as amended, and shall be in compliance with Chapter 442, Florida Statutes as well as any 7.2 Surrpssful Offeror warrants to City industry standards, if applicable. Any toxic that it is not insolvent, it is not in bankruptcy substance listed in Section 38F-41.03 of the proceedings or receivership, nor is it engaged Florida Administrative Code delivered as a in or threatened with any litigation, arbitration result of this order must be accompanied by a or other legal or administrative proceedings or completed Material Safety Data Sheet • investigations of any kind which would have (MSDS). an adverse effect on its ability to perform its obligations under the Contract. 11. INSPECTION 7.3 Successful Offeror warrants to City The City shall have the right to inspect any that it will comply with all applicable federal, materials, components, equipment, supplies, state and local laws,regulations and orders in services or completed work specified herein. carrying out its obligations under the Contract. Any of said items not complying with these specifications are subject to rejection at the 7.4 All warranties made by Successful option of the City.Any items rejected shall be Offeror together with service warranties and removed from the premises of the City and/or guarantees shall run to City and the replaced at the entire expense of the successors and assigns of City. successful vendor. 8. CONDITIONS OF MATERIAL 12. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 8.1 All materials and products supplied by the Offeror in conjunction with this During the performance of the Contract, the proposal shall be new, warranted for their Consultant and its sub-consultants shall not merchantability, fit for a particular purpose, free from defects and consistent with industry discriminatepliat against any employee or, standards.The products shall be delivered to applicant for employment because of race, the City in excellent condition. In the event color, sexlincluding premaritalgnancy,sst religion, age, that any of the products supplied to the City nataffiliation,ional familialori us, sexual politicaltaio are found to be defective or do not conform to identity expression,p orientation, i the specifications, the City reserves the right gender and t wlltake r disability e to return the product to the Bidder at no cost qualified. The Consultant will affirmative to the City. action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, . 8.2 Successful Offeror shall furnish all color, sex including pregnancy, religion, age, guarantees and warranties to the Purchasing national origin, marital status, political Division prior to final acceptance and affiliation, familial status, sexual orientation, 17 TAMARAC� The City For Your Life City of Tamarac Purchasing and Contracts Division gender identity or expression, or disability if In addition to all other remedies available to • qualified. Such actions must include, but not the City, this Agreement shall be subject to be limited to, the following: employment, cancellation by the City for cause, should the promotion; demotion or transfer; recruitment Successful Offeror neglect or fail to perform or recruitment advertising, layoff or or observe any of the terms, provisions, termination; rates of pay or other forms of conditions, or requirements herein contained, compensation; and selection for training, if such neglect or failure shall continue for a including apprenticeship. The Consultant and period of thirty (30) days after receipt by of its sub-consultants shall agree to post in written notice of such neglect or failure. conspicuous places, available to its employees and applicants for employment, 16.2 TERMINATION FOR CONVENIENCE notices to be provided by the contracting OF CITY officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that he/she will ensure that all This Agreement may be terminated by the sub-consultants, if any,will be made aware of City for convenience, upon seven (7) days of and will comply with this nondiscrimination written notice by the City to the Successful clause. Offeror for such termination in which event the Successful Offeror shall be paid its 13.TAXES compensation for services performed to termination date, including services reasonably related to termination. In the event 13.1 Successful Offeror shall pay all that the Successful Offeror abandons this applicable sales, consumer use and other Agreement or causes it to be terminated, the similar taxes required by law. Successful Offeror shall indemnify the city against loss pertaining to this termination. 13.2 The City of Tamarac is exempt from 16.3 FUNDING OUT all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. This agreement shall remain in full force and • effect only as long as the expenditures 14. PERMITS, FEES AND NOTICES provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each Successful Offeror shall secure and pay for all fiscal year of this Agreement and is subject to permits and fees, licenses and charges termination based on lack of funding. necessary for the proper execution and completion of the work, if applicable. The costs of all permits, fees, licenses and 17. RECORDS /AUDITS charges shall be included in the Price Proposal except where expressly noted in the 17.1 The City of Tamarac is a public agency specifications. subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public 15. PERFORMANCE Records Law. Specifically, the Contractor shall: Failure on the part of the Offeror to comply 17.1.1 Keep and maintain public with the conditions, terms, specifications and records required by the City in order requirements of the bid shall be just cause for cancellation of the proposal award. The City to perform the service; may, by written notice to the Proposal, terminate the contract for failure to perform. 17.1.2 Upon request from the The date of termination shall be stated in the City's custodian of public records, notice.The City shall be the sole judge of non- provide the public agency with a performance. copy of the requested records or allow the records to be inspected or 16.TERMINATION OF AGREEMENT copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as 16.1 TERMINATION FOR CAUSE AND otherwise provided by law. DEFAULT • 17.1.3 Ensure that public records that are exempt or confidential and 18 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • exempt from public records 19. EMPLOYEES disclosure requirements are not disclosed except as authorized by 19.1 Employees of the successful law for the duration of the contract term and following completion of the Contractor shall at all times be under its sole contract if the contractor does not direction and not an employee or agent of the transfer the records to the City. City. The Contractor shall supply competent and physically capable employees. The City may require the Contractor to remove an 17.1.4 Upon completion of the employee it deems careless, incompetent, contract, transfer, at no cost to the insubordinate or otherwise objectionable. City,all public records in possession Bidder shall be responsible to the City for the of the Contractor, or keep and acts and omissions of all employees working maintain public records required by under its directions. the City to perform the service. If the Contractor transfers all public 19.2 Unauthorized Immigrants: The records to the City upon completion employment of unauthorized aliens by any of the contract, the Contractor shall destroy any duplicate public records Contractor is considered a violation of Section that are exempt or confidential and 274A (e) of the Immigration and Nationality from public records Act. If the Contractor knowingly employs exempt disclosure requirements. If the unauthorized aliens, such violation shall be Contractor keeps and maintains cause for unilateral cancellation of any public records upon completion of contract resulting from this RFP. This applies the contract, the Contractor shall to any sub-contractors used by the Contractor meet all applicable requirements for as well. retaining public records. All records stored electronically must be 20.GOVERNING LAW: provided to the City, upon request from the City's custodian of public The laws of the State of Florida shall govern S records in a format that is compatible with the information technology this Agreement. Venue shall be Broward systems of the City. County, Florida. 17.2 During the term of the contract, 21.SCRUTINIZED COMPANIES F.S. the Contractor shall maintain all books, 287.135 and 215.473 reports and records in accordance with generally accepted accounting practices and Proposer must certify that the company is not standards for records directly related to this participating in a boycott of Israel. Proposer contract. The form of all records and reports must also certify that Proposer is not on the shall be subject to the approval of the City's Scrutinized Companies that Boycott Israel list, Auditor. The Contractor agrees to make not on the Scrutinized Companies with available to the City's Auditor, during normal Activities in Sudan List, and not on the business hours and in Broward, Dade or Palm Scrutinized Companies with Activities in the Beach Counties,all books of account, reports Iran Petroleum Energy Sector List or has and records relating to this contract. been engaged in business operations in Cuba or Syria. Subject to limited exceptions 18.ASSIGNMENT provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above. Successful Offeror shall not assign, transfer Proposer must acknowledge the question or subject the Contract or its rights, title, regarding the certification herein, that is interests or obligations therein without City's attached to this proposal document. prior written approval.Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Offeror and City may, Submitting a false certification shall be at its discretion, cancel the Contract. All deemed a material breach of contract. The rights, title, interest and obligations of City shall provide notice, in writing, to the Successful Offeror shall thereupon cease and successful Contractor (Contractor) of the terminate. City's determination concerning the false certification.The Contractor shall have five(5)S days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active 19 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division contract term, the Contractor shall have perform work pursuant to the • ninety(90)days following receipt of the notice contract with the City. The to respond in writing and demonstrate that the Contractor acknowledges and determination of false certification was made agrees that use of the U.S. in error. If the Contractor does not Department of Homeland Security's demonstrate that the City's determination of E-Verify System during the term of false certification was made in error then the the contract is a condition of the City shall have the right to terminate the contract with the City of Tamarac. contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as Should Vendor become the successful amended from time to time. Contractor awarded for the above-named project, by entering into this Agreement, the 22.E-VERIFY COMPLIANCE Contractor becomes obligated to comply with the provisions of§448.095, FL. Statutes, as amended from time to time. This includes but Definitions: is not limited to utilization of the E-Verify System to verify the work authorization status "Agency"or"Public Employer"for purposes of of all newly hired employees;and requiring all this section shall mean the City of Tamarac,a Subcontractors to provide an affidavit Municipal Corporation which is a political attesting that the Subcontractor does not subdivision of the State of Florida. employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall "Contractor"means a person or entity that has maintain a copy of such affidavit for the entered or is attempting to enter into a duration of the contract. Failure to comply will contract with a public employer to provide lead to termination of this Contract, or if a labor, supplies, or services to such employer Subcontractor knowingly violates the statute, in exchange for salary, wages, or other the Subcontract must be terminated remuneration."Contractor"includes,but is not immediately. Any challenge to termination limited to, a vendor or consultant. 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 "Subcontractor"means a person or entity that terminated for a violation of the statute by the provides labor, supplies, or services to or for Contractor, the Contractor may not be a contractor or another subcontractor in awarded a public contract by the City for a exchange for salary, wages, or other period of 1 year after the date of termination. remuneration. By signing below, the Vendor acknowledges these terms shall be an integral part of its bid "E-Verify system" means an Internet-based and the Contract. system operated by the United States Department of Homeland Security that allows 23. PUBLIC RECORDS CUSTODIAN participating employers to electronically verify the employment eligibility of newly hired employees. IF THE CONTRACTOR HAS Effective January 1, 2021, public and private QUESTIONS REGARDING employers, contractors and subcontractors THE APPLICATION OF will begin required registration with, and use CHAPTER 119, FLORIDA of, the E-verify system in order to verify the work authorization status of all newly hired STATUTES, TO THE employees. Contractor acknowledges and CONTRACTOR'S DUTY TO agrees to utilize the U.S. Department of Homeland Security's E-Verify System to PROVIDE PUBLIC verify the employment eligibility of: RECORDS RELATING TO a) All persons employed by Contractor THIS CONTRACT, to perform employment duties within CONTACT THE Florida during the term of the contract; and CUSTODIAN OF PUBLIC b) All persons (including sub- RECORDS AT: vendors/subconsultants/subcontract • ors) assigned byContractor to 9 20 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Remainder of Page Intentionally Blank • • 21 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • RFP 21-15R PUBLIC ART PROGRAM ADMINISTRATOR SERVICES VI STATEMENT OF WORK 1. GENERAL BACKGROUND The City of Tamarac seeks to identify firms with qualified experience providing Public Art Program Administration per the requirements shown herein. The City of Tamarac, incorporated in 1963, covers approximately twelve (12) square miles and is located in central Broward County. The municipal limits stretch east to west from just west of Powerline Road near 1-95, to the Sawgrass Expressway, and generally north to south from Southgate Boulevard to Commercial Boulevard. The 2010 population estimate was 60,427. With convenient access to Florida's Turnpike, Sawgrass Expressway, and other major thoroughfares as Commercial Boulevard and University Drive, Tamarac has evolved from a retirement community into a place thriving with diversified economic, residential, and recreational activities and opportunities. Tamarac established a Public Art Committee in 2007. The Committee is responsible for the determination of appropriate public artworks to be placed throughout the community. Funding for the public art program is derived from a 1% surcharge placed on building permit fees issued by the City per established ordinance. The Committee has already been responsible for issuing "Calls to Artists" to provide public art in designated locations throughout the City and has • developed a portfolio of artwork with more than twenty (20) pieces. Since 2007, the City has commissioned and placed numerous pieces at City facilities and Parks and most recently at the City's Colony West location. In addition, several projects have been included in the City's Capital Improvement Program for immediate implementation, with at least two (2) other pieces currently pending installation or under contract. The City has retained a Public Art Program Administrator since 2013. 2. REQUESTED TASKS & DELIVERABLES 2.1 Existing Information Review the existing Public Art Master Plan and make recommendations as to additions and deletions to ensure a complete updated Public Art Master Plan. Note: The existing Public Art Master Plan which includes the Public Art Policies and Guidelines is available to be downloaded for no charge at http://www.tamarac.orq/bids.aspx for Request for Proposal #21-15R. 2.2 Information Gathering The Successor Proposer shall be responsible to gather information related to the following: 2.2.1 Identify constraints and any associated barriers that may hinder the maintenance and management of the City's public art pieces. 2.2.2 Make recommendations for the maintenance and management of the City's • public art pieces including but not limited to cataloguing, overseeing 22 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division appraisals and ensuring proper conservation. 2.3 Public Art Policy 2.3.1 Partner with the Public Information Office and the Public Art Committee to continuously update the program brochure that will not only increase the community's involvement in the program but also expand the current audience. The Program Administrator shall be responsible for the updates to the brochure and shall provide all written content to the Public Information Office to ensure timely updates. A copy of the current brochure is available to be downloaded for no charge at http://www.tamarac.orq/bids.aspx for Request for Proposal #21-15R. 2.3.2 Hold at least one community meeting while working together with the Public Information Office and Public Art Committee. 2.3.3 Develop imagery and provide all written content for the current internet page for the program on the City's website in order to increase awareness through the use of social media. 2.3.4 Oversee and coordinate the installation of at least 2 public art projects on an annual basis from developing and advertising the initial Call to Artists to working with City staff and the artist(s) to install the artwork. The work• must be done in keeping with the Policies and Guidelines of the Public Art Master Plan. 2.3.5 Provide an annual update of the Public Art Program to include pending projects and future projects/ programs to the City Commission in accordance with the Public Art Ordinance. 2.3.6 Draft all Calls to Artist and monitor the posting, dissemination and jury of all Calls to ensure full participation of national and local artists. 3. PROGRAM MANAGEMENT The successful Proposer shall have the following program management responsibilities: 3.1 Act as a staff liaison to both the Public Art and Selection Committee. Duties include but are not limited to the following: a. Attend monthly Public Art Committee meetings, community meetings and City Commission meetings and workshops where projects are being discussed. b. Assist in the coordination of monthly Public Art Committee meetings to include the preparation of agendas, Power Point presentations, and minutes. c. Drafting City Commission Agenda items related to policy, budget, selection of • artwork, and other items that impact the City's Public Art Program. d. Provide presentations regarding Agenda items to the Tamarac City 23 TAMARAC The City For Your Lite City of Tamarac f `1 dt:`c Commission, the Public Art Committee or the general public related to the Public Art Program or related to specific art pieces. e. Author and prepare Statements of Work and specifications for art-related projects. Provide written drafts of bids, proposals, calls to artists and agreements with artists. Such efforts shall be coordinated with the City's Purchasing and Contracts Manager to maintain consistency with the City's policies, procedures and ordinances, which will be provided to Consultant after award. f. Consult with City Departments regarding the integration of public art into capital and construction projects managed by the City, including recommendations of design, development of language for bids and other related tasks managed by the City. 3.2 Program Budget: Draft a five (5) year budget for the Public Art Program and present to the Public Art Committee for adoption. Fiscal dates shall be provided by the Public Art Committee. 4. SCHEDULE The successful Proposer shall provide the City with a schedule of deliverables to ensure the city's project can be completed within a timely manner. The schedule of deliverables shall be incorporated as a part of the Proposer's Narrative Response 5. PROPOSAL REQUIREMENTS Proposer shall provide as a part of their Proposal Submittal a detailed Narrative Response which provides documentation to validate the following minimum requirements as well as to detail the Proposer's proposed Work Plan to perform the services required. The Narrative shall also address the Schedule of Deliverables detailed in Section 4 "SCHEDULE" herein. 5.1 Minimum Qualifications of Proposer& Proof of Experience Proposer shall demonstrate that it has experience in the administration of a Public Art Program that meet the following criteria: a. History: Successful Proposer shall have a history of continuous, stable operation in administering a public art program for a minimum of three (3) years prior to the submittal date of this proposal. b. Experience: Successful Proposer shall also have extensive experience working with the public sector. 5.2 Provide a brief but complete history of your company that includes any and all recent experience within the State of Florida. • 5.3 Include resumes of key personnel who will actually be assigned to the project and 24 TAMARAC The City For Your Life • City of Tamarac Purchasing and Contracts Division descriptions of each of their roles shall be included. Please note: The City expects the personnel listed in the Proposal to be those who will actually perform the work. No substitutions shall be permitted except in the most serious circumstances. 5.4 A list of at least three (3) similar projects performed during the last five years which shall include the following information: a. Name of the entity for which the work was performed; b. Brief description of the scope of the project; c. Initial estimate of the project cost (that is, the estimate prior to the bid); d. Amount of initial contract award; e. Total number and source of change orders to the contract; f. Total value of change orders for the project; g. Total value of the project. h. Name of contact person and their current telephone number who can • knowledgeably discuss your firm's role and performance in the project. Note: references and phone numbers that are out of date, missing, or not available may be considered non-responsive. Financial statements for your firm's past three (3) years of operation may be requested. j. Any other information that is relevant to properly evaluating your firm's qualifications. 6. CONTRACT PERIOD 6.1 The initial contract period shall be for two (2) years beginning upon award at final contract execution and award of the Agreement. The City reserves the right to exercise the option to renew for up to two (2) additional two (2) year periods, for a total contract period not to exceed six (6) years. The City requires a firm price for the initial two (2) year contract period. Renewals will be based on the Successful proposer agreeing to the same terms and conditions and by filing written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the contract amount. Contract renewal shall be based on satisfactory performance, mutual acceptance, and determination that the contract is in the best interest of the City. 6.2 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the • Purchasing and Contracts Manager. The extension period shall not extend for more than ninety(90)days beyond the expiration date of the existing contract. The 25 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 1111 contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 7. INVOICES Invoices will be submitted for services rendered and expenses incurred. The City will accept invoices no more frequently than one (1) per month. Each invoice shall be accompanied by records fully detailing the amounts stated on the invoice. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218 Offers of early payment discounts are encouraged but the amount submitted on the Bid Form shall not reflect the inclusion of any early payment discounts. 8. BUDGETARY CONSTRAINTS &ADDITION OR DELETION OF SERVICES 8.1 MAXIMUM CONTRACT VALUE: The City has a total of$50,000 per year ($100,000 for each two (2) year contract term) available to fund this Agreement. The final Agreement as a result of this proposal may not exceed a maximum total of$50,000 per fiscal year. The City's fiscal year begins on October 1st of each year. 8.2 The City reserves the right to add to the services specified in this agreement, or to delete any portion of the resulting Contract, at any time, and if such right is exercised by the City the total fee shall be increased or decreased in the same ratio as the service • is to the monthly flat rate quoted by Proposer and accepted by the city. 8.3 In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 9. INSURANCE REQUIREMENTS 9.1 Vendor agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 9.2 Vendor shall obtain at Vendor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and save the City harmless from any damage resulting to it for failure of either Contractor or any subcontractor to obtain or maintain such insurance. 9.3 The following are required types and minimum limits of insurance coverage that the Contractor agrees to maintain during the term of this contract: Limits 411 Line of Business/Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 26 TAMARAC The City For Your Life • City of Tamarac Purchasing and Contracts Division Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 9.4 Neither Contractor nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Contractor will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Contractor's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Contractor's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Contractor shall be responsible for the payment of all deductibles and self-insured retentions. The City may require that the Contractor purchase a bond to cover the full amount of the deductible or self-insured retention. VII. PROPOSAL SELECTION & EVALUATION OF PROPOSALS The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection, as indicated below. 1. ACCEPTABILITY OF PROPOSALS The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: i. Acceptable; Potentially Acceptable; that is reasonably susceptible of being made acceptable; or iii. Unacceptable. 2. EVALUATION METHOD AND CRITERIA • The City Manager shall appoint an evaluation/selection committee that will be responsible for selecting the most qualified firm and then negotiating a contract. The City may request 27 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • that Proposers with the highest-ranked submittals make a detailed presentation of their product/service to the Evaluation and Selection Committee. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, City may terminate such negotiations and begin negotiations with the next highest-ranked Proposer. No Proposer shall have any rights against the City arising from such negotiations. Proposals shall be evaluated in accordance with the weighted criteria listed below: a. Compliance with Request for Proposals [Mandatory]. This refers to the adherence to all conditions and requirements of the Request for Proposals. b. Background, education and experience of the firm's staff members who will be assigned to the project; Ability of the consultant to provide all of the expertise necessary to successfully complete the work. c. Availability of the proposed staff members; current projected work load of consultant; ability to provide on-site time for meetings, training and cooperative review of work products. d. Knowledge of and approach to the proposed work; ability to suggest and apply new technologies or innovative approaches that may either reduce project costs and time frame, or improve the quality of the work products. • e. Proposer team work history. f. Cost/Price: This refers to the proposed contract fee and reimbursement expense budget. (Please note that price is only one factor for consideration of award). i. The offeror shall propose a not-to-exceed amount for complete execution of this project as detailed in the Specifications or Statement of Work herein. ii. If proposing costs which may include alternate programs or services no covered in the base bid pricing, the offeror when offering such alternative services must provide a detailed explanation of additional optional services to be offered. 3. WEIGHTED CRITERIA Points will be assigned to each proposal based on the following weighted criteria: CRITERIA MAXIMUM POINTS 1. Compliance with Request for Proposal (Mandatory) N/A 2. Background, Education & Experience of Firm 25 points 3. Availability of the Proposed Staff Members 20 points 4. Knowledge of and Proposed Approach 20 points 5. Consultant Teamwork History 25 points • 6. Cost/Price 10 points 28 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 7. Bonus Criteria— Local Preference Consideration (Bonus Points) up to 5 additional points. The City of Tamarac is responsive to our vendor community and to local Tamarac and small Broward County businesses. In accordance with Chapter 6-146.1., "Local Business Preference"of the Tamarac Procurement Code authorizes a preference program for Local Tamarac Vendors (5 points) as well as a preference for firms certified by the Broward County Office of Economic and Small Business Development (OESBD) as a Small Business Vendor (2.5 points). Recipients may receive credit for either being a Local Tamarac Vendor or a Broward County Small Business Vendor, whichever has the higher point value. 4. MAXIMUM TECHNICAL POINTS (Up to 105 Points with Bonus Points) These weighted criteria are provided to assist the Offerors in the allocation of their time and efforts during the submission process. The criteria also guide the Evaluation Committee during the short-listing and final ranking of Offerors by establishing a general framework for those deliberations. 5. BEST VALUE SCORING In the event that the City requests and receives Oral Presentations, the final ranking may be determined by the Evaluation Committee utilizing an alternative Best Value Scoring methodology in lieu of weighted criteria. The Best Value Scoring will require the Evaluation Committee to assign a composite score rank, based on the Committee's determination of • the relative overall value of the Proposer's response when compared to other responses. Composite scores will rank responses from 1 (1st place), 2 (2nd place), and so on, for the total number of responses under consideration. Offerors are cautioned to make no assumptions concerning ranking or short-listing unless their proposal has been evaluated as being responsive. Additional information may be required during the review and selection process to clarify the information contained in Offeror's submittal: Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for Request for Proposals unless clearly and specifically noted in the submitted proposal and confirmed in the contract between the City of Tamarac and the selected firm. 6. DISCUSSIONS & PRESENTATIONS Short-listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluating the submittals, and Proposers agree to furnish such information upon the City's request. All Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such Proposals may be evaluated without discussion. Hence, proposals should be initially submitted complete with favorable terms and show the Proposers most advantageous solution offered the City. After presentations, if so requested, firms will be assigned a final score, with the highest- ranked firm moving forward to the negotiation phase. Upon successful negotiation, a • recommendation for an award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac. 29 TAMARAC The City For Your Life City of Tamarac Purchasing and Contacts Division The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, City may terminate such negotiations and begin negotiations with the next highest-ranked Proposer. No Proposer shall have any rights against the City arising from such negotiations. 7. AWARD OF AGREEMENT Award shall be made by the City to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth above. The City of Tamarac reserves the right to accept the Proposal as a whole or for any component thereof if it appears to be in the best interest of the City. 8. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state, federal laws, and regulations, City reserves the right to reject any and all Proposals,to waive any and all informalities not involving price,time or changes in the work, and to disregard all nonconforming, non-responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind. City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive,the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE • PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE DURING THE SOLICITATION, EVALUATION AND AWARD PROCESS REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. Remainder of Page Intentionally Blank • 30 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division SAMPLE FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of 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 a corporation with principal offices located at (the "Contractor")to provide Public Art Program Administrator Services. 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, Invitation for Request for Proposal (RFP) Document#21-15R, "PUBLIC ART PROGRAM ADMINISTRATOR SERVICES", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 # 21- 15R, "Public Art Program Administrator Services" as issued by the City, and the Contractor's Proposal, Invitation for RFP #21-15R as issued by the City shall take precedence over the Contractor's Bid. 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 perform the services required for the locations included in the bid package RFP #21-15R, PUBLIC ART PROGRAM ADMINISTRATOR SERVICES. 2.1.2 Contractor shall furnish all labor, supplies, materials, equipment, tools, service and supervision necessary to properly perform and maintain each City facility in a neat, clean and orderly manner as per the specifications listed within the bid document. 2.1.3 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. 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 • 3.3 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 31 TAMARAC The City For Your Life City of Tamarac acts _,u, to, Workers' Compensation, Commercial General Liability, 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. 3.4 The following are required types and minimum limits of insurance coverage that the Contractor agrees to maintain during the term of this contract: Line of Business/ Coverage Occurrence Limit Aggregate Limit Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 Limit $1,000,000 Limit Workers' Compensation & Employer's Liability Statutory 3.5 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 3.6 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's Liability Insurance policies shall be endorsed to add the City as an additional insured. The City reserves its right to select its own defense counsel. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4. Term of Contract 4.1 The initial contract period shall be for two (2) years beginning upon award at final contract execution and award of the Agreement. The City reserves the right to exercise the option to renew for up to two (2) additional two (2) year periods, for a total contract period not to exceed six (6) years. The City requires a firm price for the initial two (2) year contract period. Renewals will be based on the Successful proposer agreeing to the same terms and conditions and by filing written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the contract amount. Contract renewal shall be based on satisfactory performance, mutual acceptance, and determination that the • contract is in the best interest of the City. 32 TAMARAC The City For Your Life • City of Tamarac Purchasing and Contracts Division 4.2 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing and Contracts Manager. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 5. Contract Pricing Pricing under this Agreement shall be based on an hourly rate of XXX Dollars and XX Cents ($ ); and the total cost shall not exceed XX Dollars and XX Cents ($ J for the contract period. 6. Payments 6.1 Payment will be made monthly for work that has been completed and properly invoiced. Invoices must include hourly breakdowns of work performed for various tasks. 6.2 All payments under this Agreement shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7. Indemnification 7.1 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. 7.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 7.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. • Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this 33 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division • Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 7.4 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. 7.5 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. 8. 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 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. 9. 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. 10. Non-Discrimination & Equal Opportunity Employment 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, or disability if qualified. 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. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer • setting forth the provisions of this nondiscrimination clause. The Contractor further agrees 34 Tam aC The City For Your Life • City of Tamarac Purchasing and Contracts Division that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11. 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, PA 5944 Coral Ridge Drive, #201 Coral Springs, FL 33076-3300 CONTRACTOR • 12. Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 12.2 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. 13. Addition or Deletion of Services & Budgetary Constraints The City reserves the right to add to the services specified in this agreement, or to delete any portion of the resulting Contract, at any time, and if such right is exercised by the City the total fee shall be increased or decreased in the same ratio as the service is to the monthly flat rate quoted by Proposer and accepted by the city. In the event the City is required to reduce contract costs due to budgetary constraints, all . services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as 35 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 14. 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. 15. 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. 16. 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. 17. 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 the 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 the enforceability of that provision or of the remainder of this Agreement. • 18. 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 can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 19. 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. 20. Uncontrollable Circumstances 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. 1111 36 TAMARAC The City For Your Life • City of Tamarac Purchasing and Contracts Division 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. In the event that any City facility is closed due to uncontrollable forces as indicated in Section 19 of this Agreement, the Contractor shall not bill the City for the cost of hourly employees who are not working, unless such employees have been tasked to complete maintenance at the facility in an effort to restore the facility to operational status. 21. Scrutinized Companies -287.135 AND 215.473 21.1 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. 21.2 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. 22, Public Records 22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 22.1.1 Keep and maintain public records required by the City in order to perform the service; 22.1.2 Upon request from the City's custodian of public records, 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 a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 22.1.3 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 contract if• the contractor does not transfer the records to the City. 37 TAMARAC The City For Your Life City of Tamarac 1 4 Upon completion of the contract,transfer, at no cost c1 .t , y,,cr��public p p to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the 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. 22.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 23. 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. "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 38 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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. 24. Contingent Fees The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant 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 Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 25. Truth-In-Negotiations Certificate 25.1 Execution of this Agreement by the Consultant shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 25.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. 26. 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@NTAMARAC.ORG Remainder of Page Intentionally Blank • 39 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective 1111 dates under each signature. CITY OF TAMARAC, through its Mayor and. (Name of party with whom Agreement is made), signing by and through its (President, Owner, C.E.O., etc.) duly authorized to execute same. CITY OF TAMARAC Michelle J. Gomez, Mayor Date ATTEST: Michael C. Cernech, City Manager Jennifer Johnson, CMC. City Clerk Date Approved as to form and legal sufficiency: Date Hans Ottinot, City Attorney Date CONTRACTOR ATTEST: Company Name • Signature of Corporate Secretary Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date • TAMARAC City of Tamarac The City For'bur bite Purchasing and Contracts Division • CORPORATE ACKNOWLEDGEMENT STATE OF • • :SS COUNTY OF I 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 , of a 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 , 20_ Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or • ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or El DID NOT take an oath. •