HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-003Temp. Reso. #13877
January 11, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - j? S
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO AWARD RFP 23-01R AND
EXECUTE AN AGREEMENT WITH SPORTS
FACILITIES MANAGEMENT, LLC, FOR
SWIMMING POOL MANAGEMENT SERVICES AT
THE CAPORELLA AQUATIC CENTER, FORA FIVE
(5)-YEAR CONTRACT AT A FIXED AMOUNT NOT
TO EXCEED $2,940,000 PLUS SHARED
REVENUES WITH A 2023 FIXED AMOUNT NOT
TO EXCEED $588,000 PLUS SHARED
REVENUES; PROVIDING FOR THE EXTENSION AND
RENEWAL OF THE AGREEMENTS OR APPROVAL OF
ASSIGNMENTS AND OTHER AMENDMENTS TO THE
AGREEMENTS AND EXPENDITURE OF APPROPRIATED
FUNDS BY THE CfTY MANAGER OR APPROPRIATE CITY
OFFICIALS; PROVIDING FOR AN EXPENDITURE OF
FUNDS FOR THE MANAGEMENT SERVICES AT
THE CAPORELLA AQUATIC CENTER;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE., -
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate and proprietary powers to enable them to conduct
municipal government, perform municipal functions and render municipal service,
and exercise any power for municipal purposes, except when expressly prohibited
by law ; and
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January 11, 2023
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WHEREAS, Article IV, Section 4.07 of the City Charter of the City of
Tamarac ("City) empowers the City to adopt, amend or repeal such ordinances
and resolutions as may be required for the proper governing of the City ; and
WHEREAS, the City of Tamarac desires to provide its residents and visitors
a higher level of service by enhancing and improving its outdoor recreation facilities
and environment ; and
WHEREAS, The Caporella Aquatic Center opened in the spring 2007 and
has become a very popular destination for residents and visitors alike ; and
WHEREAS, the City published Request for Proposals RFP #23-01 R for
the provision of Swimming Pool Management Services at the Caporella Aquatic
Center, attached hereto as "Exhibit 1 "; and
WHEREAS, the City examined responses from Jeff Ellis Management
LLC, Sports Facilities Management, LLC and USA Management LLC.; and
WHEREAS, the three above mentioned firms were requested to make
formal presentations to the RFP Selection and Evaluation Committee consisting
of Director of Parks and Recreation Greg Warner, Assistant Director of Parks
and Recreation Linda Probert, Recreation Superintendent Rance Gaede, Parks
and Recreation Site Supervisor Zaira Desiderio, Risk and Safety Manager Kathy
Stakermann and Budget Manager Jeff Streder; and
sand
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 2";
WHEREAS, the RFP Selection and Evaluation Committee determined
Temp. Reso. #13877
January 11, 2023
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that the response submitted by Sports Facilities Management, LLC, was best
able to meet the needs of the City; and
WHEREAS, the City of Tamarac has negotiated agreement with Sports
Facilities Management, LLC, attached hereto as "Exhibit 3", for their services fora
five (5)-year contract, with the right to renew for one (1) subsequent renewal
period of five (5) years; and
WHEREAS, it is the recommendation of the Director of Parks and
Recreation and the Purchasing and Contracts Manager that the contract for the
Swimming Pool Management Services at the Caporella Aquatic Center be
awarded to Sports Facilities Management, LLC, at a combined five (5) year fixed
cost not to exceed $2,940,000 plus shared revenues, with the right to renew for
one (1) subsequent renewal period of five (5) years; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in
the best interests of the citizens and residents of the City of Tamarac to award the
contract for the Swimming Pool Management Services at the Caporella Aquatic
Center to Sports Facilities Management, LLC, for a five (5)year contract, at a total
fixed cost not to exceed $2,940,000 plus shared revenues, with the right to renew
for one (1) subsequent renewal period of five (5) years. .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
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
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January 11, 2023
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Resolution. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: Sports Facilities Management, LLC, is awarded the Request
for Proposal for Swimming Pool Management Services at the Caporella Aquatic
Center, for a five (5) year contract, at a total fixed cost not to exceed $2,940,000
plus shared revenues, with the right to renew for one (1) subsequent renewal
period of five (5) years. Furthermore, the City Manager or the appropriate City
Officials are authorized to execute, extend or renew the Agreement or approve
assignments and other amendments to the Agreement on behalf of the City.
SECTION 3: That the appropriate City officials are hereby authorized to
execute an Agreement between Sports Facilities Management, LLC, and the City
of Tamarac for the Swimming Pool Management Services at the Caporella Aquatic
Center (attached hereto as "Exhibit 3").
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.
SECTION 6: This Resolution shall become effective immediately upon
adoption.
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January 11, 2023
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PASSED, ADOPTED AND APPROVED this I day of -Llary-a
2023.
ICHELLE J. G M Z
MAYOR
ATTEST:
�C�' r _fit
IMBERLY f01LLON, CMC
Ilk
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON
DIST 2: COMM. WRIGHTJR.
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
H WOTTINO
CITY ATTORNEY
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
City of Tamarac Purchasing and Contracts Division
REQUEST FOR PROPOSALS
TAMAR00 _A%W000
100
r�►
The City For Your Life
RFP 23-01 R
SWIMMING POOL AND AQUATIC FACILITY
MANAGEMENT SERVICES
Publish Date: Proposal Due Date:
09/07/2022 10/06/22 at 3:00 PM
All Questions Due: Where to Deliver
09/26/2022 by 12:00 Proposals
NOON https://tamarac.bidsandtenders.org
City of Tamarac
Purchasing Division
7525 NW 88th Avenue
Room 108
(954)597-3570
On behalf of the
Parks & Recreation Department
Bonds: No Bonds are Required for This Project.
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TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
of Tamarac Purchasing and Contracts Division
Date: September 7, 2022 RFP NO. 23-01 R
ADVERTISEMENT REQUEST FOR PROPOSALS
RFP 23-01 R
SWIMMING POOL & AQUATIC FACILITY MANAGEMENT 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, Thursday, October 6, 2022.
Interested parties shall submit packages to: www.tamarac.org/bids.
ALL QUALIFIED FIRMS:
The City of Tamarac is seeking to engage qualified firms to submit proposals (RFP's) to
provide Swimming Pool & Aquatic Facility Management Services for the Caporella Aquatic
Center located at 9300 NW 58th Street, Tamarac, Florida 33321-4605 and Splashpads
located at the Waters Edge and Caporella Park facilities and the Tamarac Village Water
Feature.
All questions must be submitted electronically through the City's e-procurement system by
not later than 12:00 Noon, September 26, 2022.
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.
Best Regards,
'" e N--
Keith K. Glatz, NIGP-CPP, CPPO
Purchasing & Contracts Manager
Publish Sun -Sentinel: 09/11/2022
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EXHIBIT 1
The City For Your Life
of Tamarac Purchasina and Contracts Division
Table of Contents
Table of Contents
ADVERTISEMENT REQUEST FOR PROPOSALS...................................................................... 2
REQUEST FOR PROPOSALS.....................................................................................................
4
1 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..........................................................................23
VISCOPE OF WORK............................................................................................................33
A. SCOPE OF PROPOSAL................................................................................................33
B. SERVICES TO BE PROVIDED.....................................................................................34
C. MINIMUM REQUIREMENTS.....................................................................................35
D. CONTRACTOR RESPONSIBILITIES.........................................................................36
E. RESPONSIBILITIES OF THE CITY OF TAMARAC.......................................................37
F. DELIVERABLES............................................................................................................39
G. PERFORMANCE GUARANTEES..............................................................................40
H. PERFORMANCE SCHEDULE...................................................................................40
VII TECHNICAL REQUIREMENTS/SPECIFICATIONS...................................................42
VI I I PROPOSAL SELECTION & EVALUATION OF PROPOSALS...................................45
SAMPLE FORM AGREEMENT...................................................................................................56
CORPORATE ACKNOWLEDGEMENT.......................................................................................70
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EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
REQUEST FOR PROPOSALS
SWIMMING POOL & AQUATIC FACILITY MANAGEMENT
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 is soliciting proposals on behalf of the Tamarac Parks and Recreation Department
to obtain the services of a qualified firm for the Swimming Pool Management Services
located at the Caporella Aquatic Center, 9300 NW 58th Street, Tamarac, Florida 33321-
4605 as well as Aquatic Splashpads located at the Waters Edge Park and Caporella Park
facilities, as well as the Water Feature at Tamarac Village.
II INFORMATION
For information pertaining to this Request for Proposals (RFP), contact the Purchasing &
Contracts Division at (954) 597-3570 or Recreation Superintendent Rance Gaede at (954)
597-3634. 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.org.
III SCHEDULE OF EVENTS
The schedule of events related to this Request for Proposals shall be as follows:
RFP Document issued
September 12, 2022
Deadline for Written Questions
September 26, 2022
Deadline for Receipt of Proposals
October 6, 2022@3:00 PM
Evaluation of Proposals
By October 11, 2022
Presentations by Short-listed Proposers (if applicable)
October 18, 2022
Final Ranking of Firms
October 21, 2022
Anticipated Award by Commission
November 9, 2022
All dates are tentative. City reserves the right to change scheduled dates.
Remainder of Page Intentionally Blank
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The City For Your Life
of Tamarac Purchasina and Contracts Division
IV INSTRUCTIONS TO OFFERORS FOR REQUESTS FOR PROPOSAL (RFP)
1. AUTHORITY
It is the intent of the City to award the proposal to the responsive proposer providing a
response which is most advantageous to the City. This proposal is issued pursuant to, and
governed by the laws of the State of Florida, Article VI "Financial Procedures", Section 7.11,
"Requirements for Public Bidding, of the City of Tamarac Charter; and Chapter 6 "Finance
and Taxation", Article V, the Tamarac Procurement Code.
2. DEFINED TERMS
Terms used in these Instructions to Offerors are defined as follows:
"Request for Proposal (RFP)" -- 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.
"Offeror" - one who submits a Proposal in response to a solicitation, as distinct from a Sub -
Offeror, who submits a Proposal to the Offeror.
"Proposer" — one who submits a Proposal in response to a solicitation. The terms "Offeror"
and "Proposer" are used interchangeably and have the same meaning.
"Successful Offeror" - the qualified, responsible and responsive Offeror to whom City (on
the basis of City's evaluation as hereinafter provided) makes an award.
"City" - the City of Tamarac, a municipal corporation of the State of Florida.
"Proposal Documents" - the Request for Proposals, Instructions to Offerors, Offeror's
Qualifications Statement, Non -Collusive Affidavit, Certified Resolution, Vendor Drug -Free
Workplace, Offeror's Proposal, Proposal Security and Specifications, if any, and the
proposed Contract Documents (including all Addenda issued prior to opening of Proposals).
"Contractor" - the individual(s) or firm(s) to whom the award is made and who executes the
Contract Documents.
"On-line e-procurement system" — The City of Tamarac's solicitation management partner
"bidsandtendersTM11
"bidsandtendersT"'" -- The City of Tamarac's on-line solicitation management partner and
the e-procurement system used by the City. The terms "on-line e-procurement system and
"bidsandtendersTW may be used interchangeably herein.
3. SPECIAL CONDITIONS
Where there appears to be variances or conflicts between the General Terms and
Conditions and the Special Conditions and/or Scope of Work outlined in this proposal, the
Special Conditions and/or the Scope of Work shall prevail.
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TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1 Before submitting a Proposal, each Offeror must visit the site (if applicable to the protect)
to become familiar with the facilities and equipment that may in any manner affect cost or
performance of the work; must consider federal, state and local laws, ordinances, rules and
regulations that may in any manner affect cost or performance of the work, must carefully
compare the Offeror's observations made during site visits or in review of applicable laws
with the Proposal Documents; and must promptly notify the Purchasing and Contracts
Manager of all conflicts, errors and discrepancies, if any, in the Proposal Documents.
4.2 The Offeror, by and through the submission of a Proposal, agrees that Offeror shall be
held responsible for having examined the facilities and equipment (if applicable); is familiar
with the nature and extent of the work and any local conditions that may affect the work, and
is familiar with the equipment, materials, parts and labor required to successfully perform
the work. No consideration will be given for Offeror's failure to examine any required
facilities and equipment (if applicable) as required herein.
5. OMISSION OF DETAILS / VARIANCES AND EXCEPTIONS
5.1 The apparent silence of the requirements as to any detail, or the apparent omission
of a detailed description concerning any point, shall be regarded as meaning that only the
best commercial practice is to prevail, and that only material and workmanship of the finest
quality is to be used. All interpretations of the specifications shall be made on the basis of
this statement. Omission of any essential details from these specifications will not relieve
the Proposer of supplying such services or product(s) as specified.
5.2 For the purpose of evaluation, the Offeror must indicate any variance or exceptions
to the stated requirements, no matter how slight. Deviations should be explained in detail.
Absence of variations and/or corrections will be interpreted to mean that the Offeror meets
all the requirements in every respect.
5.3 In the event Offeror discovers any apparent error or discrepancy, immediately call it
to the attention of the City's Purchasing & Contracts Division staff for interpretation or
decision, and such decision shall be final. Offeror shall advise the City in writing prior to the
deadline for written questions included herein, of any conditions which may adversely affect
the work.
6. INTERPRETATIONS AND ADDENDA
6.1 If the Offeror is in doubt as to the meaning of any of the Proposal Documents, believes
that the General Conditions, Special Conditions and/or Technical Specifications/Scope of
Work errors, contradictions or obvious omissions, or has any questions concerning the
information contained in the RFP documents, the Offeror shall submit a written request to
the Purchasing and Contracts Division for interpretation or clarification through the City's e-
procurement system, and should be received by the Purchasing and Contracts Division
Office at least seven (7) calendar days prior to the Proposal opening date, or prior to the
deadline specified in the "Schedule of Events" provided herein, whichever is the earlier date.
6.2 Questions shall be submitted through the City's online e-procurement system by the
due date listed above. All questions shall be answered in the form of an Addendum.
Interpretations or clarifications in response to such questions will be issued in the form of a
n.
TAMARAC
The City For Your We
of Tamarac
Temp. Reso. # 13877
EXHIBIT 1
and Contracts Division
written addendum with such notice transmitted to all parties recorded by the Purchasing and
Contracts Division as having received the Proposal Documents through the City's online e-
Procurement system. The issuance of a written online addendum shall be the only official
method whereby such an interpretation or clarification will be made.
6.3 Written addenda shall serve as the sole means of clarification. The City shall not be
responsible for oral interpretations given by any City employee or its representative.
**** SPECIAL NOTE -- Addendums will only be issued electronically through the
City's e-procurement system. Vendors will be notified of the availability of new
solicitations and addendums via e-mail (per the vendor's selected commodity
choice).
6.4 No negotiations, decisions or actions shall be initiated or executed by the Proposer
as a result of any discussions with any City employee. Only those communications that are
issued in writing from the Purchasing & Contracts Division may be considered as a duly
authorized expression. Also, only communications from Proposers that are either submitted
online through the City's e-procurement system or in writing will be recognized by the City
as duly authorized expressions on behalf of the Proposer.
7. COSTS AND COMPENSATION
7.1 Costs and compensation shall be shown in both unit prices and extensions whenever
applicable; and expressed in U.S. Dollars. In the event of discrepancies existing between
unit prices and extensions or totals, the unit prices shall govern.
7.2 All costs and compensation shall remain firm and fixed for acceptance for 60
calendar days after the day of the Proposal opening.
7.3 The price proposal shall include all franchise fees, royalties, license fees, etc., as
well as all costs for transportation or delivery as applicable within the scope of the
solicitation.
8. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS
8.1 Firm Pricing: Prices shall be fixed and firm to the extent required under Special
Conditions. In the absence of a reference in the Special Conditions, prices shall be fixed
and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the
contract must be approved by another agency. Payment will be made only after receipt and
acceptance of materials/services. Cash discounts may be offered for prompt payment;
however, such discounts shall not be considered in determining the lowest net cost for bid
evaluation.
8.2 Prompt Payment Discounts: Where applicable, offeror is encouraged to provide
prompt payment. If no payment discount is offered, the discount shall assume net 30 days.
Payment is deemed made on the date of the mailing of the check. All payments shall be
governed by the Local Government Prompt Payment Act, F.S. Chapter 218.
********IMPORTANT NOTE**********
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\� EXHIBIT 1
The City For Your Life
of Tamarac Purchasing and Contracts Division
8.3 Payments by Electronic Funds Transfer: ALL payments by the City will be
made by Direct Deposit (ACH) via electronic funds transfer. Vendors must register
for direct deposit with the City prior to receiving any payments by providing a "City
of Tamarac Consent for Direct Deposit" form (ACH Form) to the City's Financial
Services Accounting Division. The form may be accessed on the City of Tamarac
web -site at http://www.tamarac.org/index.aspx?NID=622. Please contact the Purchasing
& Contracts Division at the number shown on this solicitation document herein as
the first point of contact for more information.
9. NON -COLLUSIVE AFFIDAVIT
Each Offeror shall complete the Non -Collusive Affidavit form and shall submit the form with
their Proposal. City considers the failure of the Offeror to submit this document may be
cause for rejection of the Proposal.
10. PUBLIC ENTITY CRIMES
In accordance with Florida Statutes §287.133 (2)(a): A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Florida Statutes §287.017 for Category Two, for a period
of 36 months from the date of being placed on the convicted vendor list.
11. CONFLICT OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida
Statutes. Offerors must disclose with their Proposal the name of any officer, director,
partner, proprietor, associate or agent who is also an officer or employee of City or any of
its agencies. Further, all Offerors must disclose the name of any officer or employee of City
who owns, directly or indirectly, an interest of five percent (5%) or more in the Offeror's firm
or any of its branches or affiliate companies. Furthermore, bidder shall not enter into any
employment relationship with any individual or firm that creates a potential conflict of
interest, or may present an opportunity for the inappropriate sharing of inside information or
proprietary information related to this bid.
12. PERFORMANCE BONDS AND INSURANCE
Upon award of a contract, the Successful Offeror, as required within the scope of the
solicitation, may be required to submit performance bonds and/or payment bonds. Offeror
shall provide certificates of insurance in the manner, form and amount(s) specified.
13. DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
The following is a summary of documents required to be submitted for this proposal. Failure
to include a technical proposal, cost proposal, bid surety (if required below), or any other
document that, by its omission, may prejudice the rights of other respondents, may result in
immediate rejection of your proposal. Other forms or documents which, by their nature do
E:
TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
of Tamarac Purchasina and Contracts Division
not impact price or the Offeror's cost of doing business or which do not prejudice the rights
of other proposers should accompany the Proposal; but must be provided within three (3)
business days of the City's request to be considered responsive. Specific Documents to be
acknowledged, certified or uploaded with the proposal shall be those documents specified
in Section 14. "SUBMISSION OF PROPOSALS" of these "Instructions to Offerors for
Requests for Proposals (RFP)". (Please see Section 14.10 "IMPORTANT SPECIAL
NOTICE" of these "Instructions to Offerors for Requests for Proposals (RFP)"
14. SUBMISSION OF PROPOSALS
The Proposer is directed to deliver sealed proposals online
at https:Htamarac.bidsandtenders.org/Module/Tenders/en.
14.1 All proposals shall be submitted in the English language, and pricing expressed in
U.S. Dollars.
14.2 Proposers shall electronically acknowledge the receipt of all addenda.
14.3 Proposals by corporations must be executed in the corporation's legal name by the
President or other corporate officer, accompanied by evidence of authority to sign. Evidence
of authority shall be provided on the enclosed Certified Resolution form, or by the company's
own Corporate Resolution.
14.4 Proposals by partnerships must be executed in the partnership name and signed by
a partner, whose title must appear in the document.
14.5 Proposals shall be electronically submitted to the Purchasing and Contracts
Division on or before the time indicated in the Request for Proposals via the
bidsandtenders'll on-line solicitation system. Proposals will be held on the
bidsandtenderslm server as an encrypted 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.
14.6 In accordance with Florida Statutes, Chapter §119.07(1)(a) and except as may be
provided by other applicable state and federal law, the Request for Proposals and the
responses thereto are in the public domain. However, Proposers are requested to
specifically identify in the submitted Proposal any financial information considered
confidential and/or proprietary which may be considered exempt under Florida Statute
§119.07(t).
14.7 All Proposals received from Offerors in response to the Request for Proposals will
become the property of City. In the event of Contract award, all documentation produced as
part of the Contract shall become the exclusive property of City.
14.8 The Proposer preparing a submittal in response to this RFP shall bear all expenses
associated with its preparation. The Proposer shall prepare a submittal with the
understanding that no claim for reimbursement shall be submitted to the City for the expense
of proposal preparation and/or presentation.
14.9 Electronic Media Submission: The City may require that machine readable
information and data, including computer assisted drafting designs (AutoCAD files) be
9
TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
of Tamarac Purchasing and Contracts Division
provided by the proposing firm as a part of its submittal. The proposing firm shall not be
liable for claims or losses arising out of, or connected with, modification by the City, or
anyone authorized by the City, decline of accuracy or readability of data due to storage or
obsolescence of equipment or software, 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 proposing
firm. Such files should be submitted on-line through the bidsandtenders"' online solicitation
system.
14.10 IMPORTANT SPECIAL NOTICE: Proposers will be using an electronic platform
for uploading RFP responses. Proposers are advised that sufficient time must be
allocated to register for your on-line account and to ensure that your firm has
sufficient time to upload all of the data required. The system is designed to only
transmit complete responses, and the City will only accept complete responses to
this RFP. It is strongly suggested that Proposers begin the entry process at least 24
hours prior to the RFP due date and time to allow sufficient time for entry and to avoid
any technical issues. In the event that firms experience technical difficulties with the
platform, please contact Bids & Tenders Support at 1-800-594-4798 or
support@bidsandtenders.ca.
14.11 Digital Forms to Be Completed and Submitted with Proposal
The following fillable digital forms have been created and must be submitted /
acknowledged with each proposal response via electronic response at
https:Htamarac.bidsandtenders.org/Module/Tenders/en.
1. Proposer's Price Proposal and Reimbursable Expense Proposal Forms
2. Certification
3. Proposer's Qualification Statement
4. Firm's Primary Ownership information
5. Tamarac Local, Veteran & County Business Enterprise (CBE) Information
6. References
7. Vendor Drug -Free Workplace
8. Scrutinized Companies Certification — Boycotting Israel or Scrutinized Company
list
9. E-Verify Compliance Certification
10. Conviction History Employment Policy Inquiry
14.12 Forms & Documentation That Must Be Uploaded to The Document Upload
Section
The Proposer shall electronically upload the following documentation along with their
proposal response via electronic upload at:
https://tamarac.bidsandtenders.org/Module/Tenders/en.
1. Completed Non -Collusive Affidavit and Acknowledgment — Form is available for
download in the on-line procurement system for this solicitation. (Document Upload
1)
2. Completed Certified Resolution - Form is available for download in the on-line
procurement system for this solicitation. (Document Upload 2)
3. U.S. Internal Revenue Form W9 (Document Upload 3)
TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
of Tamarac Purchasing and Contracts Division
4. Proof of Insurance including proof of Professional Liability Insurance coverage (if
required herein) with a minimum of $1,000,000. (Document Upload 4)
5. Provide copies of any current Florida Licenses which may apply to this project.
(Document Upload 5)
6. Narrative Response Document — (Document Upload 6)
The Offeror shall provide the following information as a part of its narrative response
submittal:
a. Cover Letter and/or Executive Summary which summarizes the Proposer's
response.
b. Company Profile: Provide the company's legal name, headquarters address,
local office address, state of incorporation and key company contact names with
their telephone numbers and email address.
State whether your company is national, regional or local.
ii. State the office location that will be serving the City. Include the
contact person's name, address, telephone number and email
address.
iii. Provide a brief company history of the firm and describe the
company's organization, philosophy, and management structure.
c. Staff Qualifications: Provide resumes describing the qualifications and relevant
experience of the proposed Project Manager and all key personnel who will be
assigned to this project, and to the extent to which team members have
participated in projects similar in scope. Note: Tamarac expects those listed to
be those who will actually perform the work. No substitutions will be permitted
without the express written approval of the City. The following additional
information regarding your propose project staff shall also be included:
Provide an organizational chart of the proposed project team.
ii. Identify the dedicated representative who will be responsible for this
project.
d. Company Experience: Proposer shall provide the following information related
to the experience of the company:
List similar projects successfully completed in the past, conducted for,
public and private sector organizations, that are similar in size and
scope to the City of Tamarac, and preferably located in the Tri-County
(Dade, Broward or Palm Beach) area. Projects performed for local
government agencies are preferred.
ii. Provide a list of agencies/organizations that the consultant/firm has
worked for whom the consultant/firm has conducted a project similar
to the scope of this proposed RFP and similar in nature to the size of
the City of Tamarac. Proposer shall also include key contact
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EXHIBIT 1
The City For Your Life
of Tamarac Purchasinq and Contracts Division
information to include: name, title, telephone number and email
address of the agency or organization that can provide a reference
as to the quality of services provided. (Applicable parts of this
information may be provided under the "References" table provided
in the electronic response document.)
iii. List and provide information shown in items i. and ii. above for any
sub -contractors or sub -consultants who will perform 20% or more of
the work on this project.
e. Company Work Plan and/or Approach/Methodology: Provide a detailed
description of Proposer's Work Plan and Methodology proposed to perform this
project, including which project team members and/or sub -contractors / sub -
consultants will be performing the work. The Proposer may address methods to
address the project scope, including any creative or innovative solutions that the
Proposer may recommend.
f. Project Schedule: Proposer shall provide their projected project schedule; and
shall include all project milestones and associated critical path, including the
number of staff, the mix of staff and the number of hours required to reach each
milestone provided.
7. Other materials including proof of any WBE / MBE certifications, lists of any
proposed sub -consultants including their WBE/MBE or Broward County CBE
certifications, or any information you feel would be relevant to the evaluation of your
firm's proposal (to be provided by Respondent). The Proposer may include anything
else that the Proposer feels would be relevant to the evaluation. (Document Upload
7)
8. Proof that firm has a Conviction History Employment Policy as detailed in
Instructions Section IV.32 herein. (Document Upload 8)
15. MODIFICATION AND WITHDRAWAL OF PROPOSALS
15.1 Proposals may be modified or withdrawn electronically and re -submitted through the
City's e-procurement system, bidsandtendersTM prior to the proposal due date. Withdrawal
of a Proposal will not prejudice the rights of an Offeror to submit Proposals for future
opportunities.
15.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly
signed, written notice with the Purchasing and Contracts Division Office, and within five (5)
calendar days thereafter demonstrates to the reasonable satisfaction of City, by clear and
convincing evidence, that there was a material and substantial mistake in the preparation of
its Proposal, or that the mistake is clearly evident on the face of the Proposal, but the
intended correct Proposal is not similarly evident, Offeror may withdraw its Proposal and
any bid security will be returned. Thereafter, the Offeror will be disqualified from further
bidding on the subject Contract.
W
TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
of Tamarac Purchasing and Contracts Division
16. REJECTION OF PROPOSALS
16.1 To the extent permitted by applicable state and 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 with the Successful Offeror, 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 or unauthorized alterations, or irregularities of any kind.
16.2 City reserves the right to reject the Proposal of any Offeror if City believes that it
would not be in its best interest of to make an award to that Offeror, whether because the
Proposal is not responsive, the Offeror is unqualified, of doubtful financial ability, or fails to
meet any other pertinent criteria established by City within the scope of the solicitation.
17. QUALIFICATIONS OF PROPOSERS
17.1 Proposals will be considered from firms normally engaged in providing the service
requested. The proposing Firm must demonstrate adequate experience, organization,
facilities, equipment and personnel to ensure prompt and efficient service to the City of
Tamarac. The City of Tamarac will determine whether the evidence of ability to perform is
satisfactory and reserves the right to reject proposals where evidence submitted, or
investigation and evaluation, indicates inability of a firm to perform.
17.2 Each Offeror shall complete the Offeror's Qualifications Statement and submit the
form with the Proposal. Failure to submit the Offeror's Qualifications Statement and the
documents required thereunder may constitute grounds for rejection of the Proposal.
17.3 As a part of the evaluation process, the City may conduct a background investigation
including a criminal record check of Proposer's officers and/or employees, by the Broward
County Sheriff's Office. Proposer's submission of a proposal constitutes acknowledgement
of and consent to such investigation. City shall be the sole judge in determining Proposer's
qualifications.
17.4 No proposal shall be accepted from, nor will any contract be awarded to, any person
who is in arrears to City for any debt or contract, who is a defaulter, as surety or otherwise,
of any obligation to City, or who is deemed irresponsible for unreliable by City. City will be
the sole judge of said determination.
17.5 The City reserves the right, before recommending any award, to inspect the facilities,
equipment and organization or to take any other action necessary to determine ability to
perform in accordance with the specifications, terms and conditions.
17.6 Employees of the Proposer shall at all times be under its sole direction and not an
employee or agent of the City. The Proposer shall supply competent and physically capable
employees. The City may require the Proposer to remove an employee it deems careless,
incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the
City for the acts and omissions of all employees working under its directions.
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TAMARACTemp. Reso. # 13877
EXHIBIT 1
The City For Your Life
of Tamarac Purchasing and Contracts Division
18. FORM AGREEMENT DOCUMENT
The City may attach as a part of this solicitation, a Form Agreement document. Proposers
shall be responsible for complying with all of the terms and conditions of the Form
Agreement document if included herein, except where variant or conflicting language may
be included in any Special Conditions contained herein. Proposers shall note any deviation
or variance with the Form Agreement document at the time of bid submission.
19. OTHER GOVERNMENTAL ENTITIES
If a Proposer is awarded a contract as a result of this RFP, Proposer will, if Proposer has
sufficient capacity or quantities available, provide to other governmental agencies, so
requesting, the products or services awarded in accordance with the terms and conditions
of the Invitation for Bid and resulting contract. Prices shall be F.O.B. Destination to the
requesting agency.
20. UNBALANCED PROPOSAL PRICING
When a unit price proposed has variable or estimated quantities, and the proposal shows
evidence of unbalanced proposal pricing, such proposal may be rejected.
21. INFORMATION REQUESTS AFTER DUE DATE
Pursuant to Florida Statute Chapter 119, Section 071 (1), sealed bids or proposals received
by an agency pursuant to invitations to bid or requests for proposals are exempt from the
provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as
the agency provides notice of a decision or intended decision pursuant to F.S. §119.071(1)
(b) (2), or within 30 days after bid/proposal opening, whichever is earlier.
22. BUDGETARY CONSTRAINTS
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/Consultant shall also be provided with a minimum 30-day notice
prior to any such reduction in budget.
23. PROTESTS
Any actual or prospective bidder, offeror, or contractor/consultant who is aggrieved in
connection with the solicitation or award of a contract may protest to the purchasing and
contracts manager. The protest shall be submitted in writing within five (5) business days
after such aggrieved person knows or should have known of the facts giving rise thereto
and shall be submitted with the procedures outlined in section 6-154 "Appeals and
remedies" of the Tamarac procurement code, available at the following link:
https://www.municode.com/library/fl/tmarac/codes/code of ordinances?nodeld=PTIICO
CH6FITA ARTVTAPRCO
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TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
of Tamarac Purchasino and Contracts Division
24. CONTINGENT FEES PROHIBITED
The proposing firm must warrant that it has not employed or retained a company or person,
other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit
or secure a contract with the City, and that it has not paid or agreed to pay any person,
company, corporation, individual or firm other than a bona fide employee, contractor or sub -
consultant, working in its employ, any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of a contract with the
City.
25. PROHIBITION AGAINST LOBBYING
During the solicitation of any bid or proposal, any firm and its agents, officers or employees
who intend to submit, or who have submitted, bids or proposals shall not lobby, either
individually or collectively, any City Commission members, candidates for City Commission
or any employee of the City. Contact should only be made through regularly scheduled
Commission meetings, or meetings scheduled through the Purchasing and Contracts
Division for purposes of obtaining additional or clarifying information. Any action, including
meals, invitations, gifts or gratuities by a submitting firm, its officers, agents, or employees
shall be within the purview of this prohibition and shall result in the immediate disqualification
of that firm from further consideration.
During a formal solicitation process, contact with personnel of the City of Tamarac other
than the Purchasing and Contracts Manager or designated representative regarding any
such solicitation may be grounds for elimination from the selection process. (Reference:
Tamarac Procurement Code Section 6-156.)
26. EVALUATION OF PROPOSALS
26.1 Evaluation Method & Criteria: An Evaluation and Selection Committee (hereafter
referred to as "Evaluation Committee" or "Committee") will be appointed by the City Manager
for each Request for Proposal (RFP) and will be responsible for selecting the most qualified
firm and then negotiating a contract. The Proposers with the highest -ranked submittals may
be asked to make a detailed presentation of their product/service to the Committee.
26.2 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 additional discussion.
Hence, proposals should be initially submitted on the most complete and favorable terms
which Proposers are capable of offering to the City.
26.3 Proposal Scoring: The Evaluation Committee will be responsible for evaluating
and assigning scores to each proposer's response based on the specific evaluation criteria
established for the proposal. Based on the number of proposals received, the Evaluation
Committee may assign an initial score with the intent of shortlisting proposers who may be
asked to provide an oral presentation to the Committee, or the Committee may score without
discussion as stated in paragraph 26.2 of this section.
26.4 The Evaluation Committee may utilize one or more of the following scoring methods
when evaluating proposals:
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TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
of Tamarac Purchasinq and Contracts Division
a. Criteria Based Weighted Scoring: Evaluation criteria are developed and
assigned a specific number of points with a maximum score for each
criterion. Normally, the aggregate sum of the criteria will equal 100 points,
but additional bonus points may be added as described in the specific
Request for Proposal document issued by the City. Normal criteria
considered may include such areas as the quality of the proposer's response,
the services to be proposed and provided by the proposer, the qualifications
of the proposer, the ability to meet project schedules, and in most cases, the
proposed cost/price submitted with the proposal.
Criteria Based Weighted Scoring is normally used as the initial method for
scoring proposals; and is often used to narrow the number of proposals to be
considered by the Evaluation Committee which is a process known as
"short]isting" for further evaluation and consideration. In the event where
there are only a small number of respondents to a proposal, the Evaluation
Committee may determine that all of the responding proposers will be
selected as shortlisted proposers without scoring and invited to make an oral
presentation to the Committee. When this type of situation occurs, the
Evaluation Committee will determine a final score for each proposal following
oral presentations; and will normally utilize the Criteria Based Weighted
Scoring method to determine the final score.
Bonus Points: Additional bonus points may be added to the score in
order to determine a shortlist of vendors for further consideration. Bonus
points will be utilized to factor in the value of compliance with, or
qualification for socioeconomic criteria established by the City
Commission by Ordinance. An example would be the assignment of
bonus points to firms who meet the criteria of being a Tamarac local
vendor, a certified Broward County "County Business Enterprises" (CBE)
or a Veteran Owned Small Business. Bonus points will be specifically
defined for each proposal request.
b. Best Value Scoring. As an alternative to using a weighted criteria, the City
may utilize a Best Value Scoring process. Should this scoring method be
utilized, 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. Composite scores will
rank responses from 1 (111 place), 2 (2nd place), and so on, for the total
number of responses under consideration.
Best Value Scoring may be utilized in the following manner:
i. When the weighted criteria method is used for the initial evaluation of
proposals for short -listing. Upon completion of oral presentations by
shortlisted firms, Best Value scoring would then be applied to the
evaluation of the short-listed firms as the final evaluation.
TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Should the City make the initial determination not to use weighted
criteria, or if the number of responses received does not warrant a
short -listing cycle, the City may use a best value ranking for the final
ranking of firms after the completion of the evaluation process and/or
any oral presentations provided by the short-listed firms. Additionally,
when there is an absence of weighted criteria, the Evaluation
Committee will utilize a best value ranking process to score proposal
responses.
After presentations, firms will be assigned a final score, with the highest -ranked firm moving
forward to the negotiation phase. Upon completion of oral presentations.
The Evaluation Committee reserves the right to utilize one of the methods or a combination
of the methods detailed herein in order to make the decision for the final recommendation
for award. The actual scoring methodology to be used will be contained within the
26.5 Upon successful negotiation, a recommendation for award will be considered by
the City Commission. No work on this project shall proceed without written authorization
from the City of Tamarac.
26.6 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, the
City may terminate such negotiations and begin negotiations with the next selected
Proposer. No Proposer shall have any rights against the City arising from such negotiations.
27. WEIGHTED CRITERIA / BEST VALUE SCORING
The City's evaluation criteria may include, but shall not be limited to, the criteria shown
below. The City may also use a Best Value Scoring as an alternative scoring method. The
actual criteria will be provided in the Proposal document. The potential weighted criteria may
include the following examples (See Section VIII "PROPOSAL SELECTION AND
EVALUATION OF PROPOSALS" of this proposal package for Actual Evaluation
Criteria and Weights):
27.1 Compliance with Request for Proposals [Mandatory]. This refers to the
adherence to all conditions and requirements of the Request for Proposals.
27.2 Quality of Response Clearly demonstrated understanding of the work to be
performed; Completeness and reasonableness of the offeror's plan/proposal for
accomplishing the tasks; Level of creativity demonstrated by the offeror's proposed
methodologies for meeting the requirements of this proposal.
27.3 Services to be Provided. This refers to the exact type and nature of the
offeror's proposed services and how they accomplish the objectives of the project,
specifically, the requirements objectives that relate to Safety, Customer Service,
Programming and Vision/Direction, as enumerated in Section VI. "Scope of Work" herein;
as well as the ability to rapidly respond to the City's needs. and the ability to rapidly respond
to the City's needs, as defined in the Evaluation Criteria set forth.
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TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
27.4 Qualifications of the Contractor. Offeror's capability in all respects to perform
fully the contract requirements, and the tenacity, perseverance, experience, integrity, and
reliability which will assure good faith performance, as well as satisfactory reference
verification. This criteria includes:
i. The experience of the firm and its record on engagements of a similar nature,
including the ability to serve in a similar capacity for other units of government or
organizations.
ii. Personnel to be assigned to the project, and their education, capabilities,
qualifications and experience with similar projects.
iii. Reference information gathered from other entities regarding the past
experience of the firm; and
iv. Other areas addressed in the Scope of Work herein.
27.5 Costs (Price)/Revenue. This refers to the proposed annual not -to -exceed
operational fee plus the annual minimum management fee. Please note that it is anticipated
that the annual minimum management fee will be paid by revenues collected for gate
admissions and class/program revenues. (Please note that price is only one factor for
consideration of award).
The offeror shall propose an annual, not -to -exceed operational fee for
execution of services under this Agreement.
The offeror shall include an annual minimum management fee which shall be
based on shared revenues for admission gate collections and class/program
fees. In the event that revenues are insufficient to pay the minimum
management fee, the City shall make an annual lump sum payment to
Contractor for the difference between actual revenue received by the
Contractor, and the minimum management fee. Such payment shall be made
in arrears.
In the event that revenues completely cover the minimum management fee,
the City will not be liable for payment of the fee for that contract year;
however, Contractor will continue to receive revenue from the contracted
percentage of gate and class/program fees.
iii. Other costs/pricing as may be requested on the Proposal Pricing Form
herein.
iv. If proposing costs which may include alternate programs or services not
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.
v. In soliciting requests for the management and operation of the City of
Tamarac Caporella Aquatic Center, the City encourages imaginative and
innovative approaches. Offerors should consider the full range of
management options in developing their proposals. Of particular interest to
the City is the offeror's ability to deliver a full scope of aquatic services that
are broad -range and diverse, as well as allow for ample community use of
TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
the venue.
27.6 Alternative Best Value Scoring. As an alternative to using a weighted criteria,
the City may utilize a Best Value Scoring process. 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. Composite scores
will rank responses from 1 (151 place), 2 (2nd place), and so on, for the total number of
responses under consideration.
When specific weighted criteria are included in the City's proposal document, the weighted
criteria shall be used for the initial evaluation of proposals for either short -listing, or as the
final evaluation method if the number of responses received does not warrant a short -listing
cycle. The City may then use a best value ranking for the final ranking of firms after the
completion of the evaluation process and/or any oral presentations provided by the short-
listed firms. When there is an absence of weighted criteria, the Evaluation Committee will
utilize a best value ranking process.
27.7 Best and Final Offer. The City reserves the right to request Best and Final
Offers from any or all Proposers when the City determines that information received during
the evaluation process warrants additional clarification.
27.8 Please refer to Section VIII "PROPOSAL SELECTION AND EVALUATION OF
PROPOSALS" of this document for the specific criteria and criteria weights to be utilized for
scoring responses to this proposal.
28. ACCEPTABILITY OF PROPOSALS
The Offer shall be evaluated solely in accordance with the criteria set forth herein. The
proposals shall be categorized as follows:
1. Acceptable ;
2. Potentially Acceptable — Proposal is reasonably susceptible of being made acceptable; or
3. Unacceptable -- Scoring is below an aggregate score which may be specified in the proposal
document, or in the absence of a specific aggregate score, a score lower than 70% of the
potential possible points available.
29. RIGHT TO REJECT PROPOSALS
To the extent permitted by applicable state and 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.
TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
30. AWARD RESERVATIONS
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 herein below. 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.
31. PREFERENCE FOR TAMARAC LOCAL, CBE AND VETERAN OWNED FIRMS
The City of Tamarac is responsive to our Local Tamarac Vendors (LTV), to the Broward
County businesses small businesses who have been certified as a County Business Entity
(CBE) and to our Veteran -Owned Small Business Community (VOSB). In accordance with
Chapter 6-146.1., "Local Business Preference" of the Tamarac Procurement Code,
authorizes a preference program for firms who are part of the Local Tamarac Vendor (LTV),
Certified Broward County businesses small businesses (CBE) and to our Veteran
Community (VOSB). As such, we offer the following incentives on our Request for Proposal
(RFP) solicitations in the following preference order:
Preference Process -- Competitive Sealed Proposals (Requests for Proposals): For
evaluation purposes, local Tamarac vendors, Broward County CBE and Veteran -Owned
Small Business vendors shall receive bonus points above and beyond the evaluation criteria
maximum score, unless specifically exempted by the City Manager or the City Commission.
Additionally, for purposes of evaluation of a Request for Proposal, a vendor located outside
the City of Tamarac limits is equivalent to a Tamarac vendor, and accorded the same
preference if its proposal includes the utilization of subcontracts of at least ten percent (10%)
of the scope of work provided for in the proposal for an identifiable and verifiable local
Tamarac vendor.
Any firm claiming a preference as a Local Tamarac Vendor, or as a Broward County Certified
Small Business Vendor -- County Business Entity (CBE), must provide sufficient written
proof to support that vendor's claim for granting of the preference as defined in Section 6-
146.1 of the Tamarac Procurement Code. Failure to provide such proof will result in that
vendor not being given further consideration for the preference being claimed. Recipients
may receive credit for either being a Local Tamarac Vendor, a Broward County Small
Business Vendor, or a Veteran -owned Small Business, whichever has the higher point
value. NOTE: Proposers may be considered for only one (1) of the allowable preference
categories. No proposer may accumulate bonus points for multiple categories. (Example
1: A Local Tamarac vendor who is also a Broward County CBE will only be eligible to receive
5 bonus points. Example 2: A Broward County CBE who is also a Veteran -owned business
will only be eligible to receive 2.5 total bonus points.)
Additional information regarding the City's Local Preference Ordinance, including all
exceptions to the program, may be accessed by searching at the following link:
https://librarv.municode.com/fl/tamarac/ordinances/code of ordinances?nodeld=958807
What is a Local Tamarac Vendor? (LTV) - 5 Bonus Points
Definition: "Local Tamarac Vendor" (LTV) A business entity which has maintained a
permanent place of business with full-time employees within the city limits for a minimum of
one year prior to the date of issuance of a bid or proposal solicitation. The permanent place
of business may not be a post office box. The business location must actually distribute
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EXHIBIT 1
The City For Your We
of Tamarac Purchasing and Contracts Division
goods or services from that location. In addition, the business must have a current business
tax receipt from the City of Tamarac. A vendor located outside of the City of Tamarac city
limits is considered equivalent to a Tamarac vendor and accorded the same preference if
its proposal includes the utilization of subcontracts of at least ten (10) percent of the scope
of work provided for in the proposal for identifiable and verifiable local Tamarac Vendor(s)
as defined herein.
Prime Contractors who qualify as a Local Tamarac Vendors (LTV) will be eligible for
consideration for the LTV preference which will qualify the firm to receive 5 additional
bonus points to be added to the score for each evaluator.
• What is a County Business Entity (CBE) in Broward County? - 2.5 Bonus Points
A Broward County Business Entity is a firm that is certified by the Broward County Office of
Economic and Small Business Development (OESBD) who can provide proof of that
certification to the City as part of any solicitation response. In accordance with Chapter 6-
146.1., "Local Business Preference" of the Tamarac Procurement Code, authorizes a
preference program for 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:
http://www.broward.orq/EconDev/Pages/IocaIcertificationprograms.aspx
Only Contractors who are approved by the Broward County Office of Economic and Small
Business Development (OESBD) and are included on the Broward County Certified Vendor
Directory will be eligible for consideration for the CBE preference which will qualify the firm
to receive 2.5 additional bonus points to be added to the score for each evaluator.
What is a Veteran -Owned Small Business (VOSB)? - 2.5 Bonus Points
A Veteran -Owned Small Business" (VOSB): as specified in U.S. 38 CFR § 74.1, as
amended, is a business that is not less than fifty-one (51) percent owned by one or more
veterans, or in the case of any publicly owned business, not less than fifty-one (51) percent
of the stock of which is owned by one or more veterans; the management and daily business
operations of which are controlled by one or more veterans and qualifies as "small" for
federal business size standard purposes.
Prime contractors who qualify as a Veteran -Owned Small Business (VOSB) will be eligible
for consideration for the LTV preference which will qualify the firm to receive 2.5 additional
bonus points to be added to the score for each evaluator.
The order of precedence for preferences is: 1) Local Tamarac Vendor (LTV); 2) Broward
County CBE; and 3) Veteran -Owned Small Business (VOSB).
32. CONSIDERATION OF CONVICTION HISTORY EMPLOYMENT POLICIES - 1 Bonus
Point
The policy of the City of Tamarac is that it will not include any question on any application for
employment, inquire either orally or in writing, receive information about an applicant's criminal
history background check, or otherwise obtain information about an applicant's criminal history
until after the City initially determines that the applicant is otherwise qualified for a position.
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\� EXHIBIT 1
The City For Your Life
of Tamarac Purchasing and Contracts Division
Once the City has initially determined that an applicant is otherwise qualified, the City may
inquire into or obtain information about a criminal record.
The City encourages vendors that do business with the City to adopt and employ conviction
history policies, practices, and standards that are consistent with the policies found in the first
paragraph of this section herein. The City reserves the right to review all vendors' conviction
history policies for consistency with City standards. The vendors' conviction history
standards may be part of the criteria to be evaluated by the City when determining whether to
award a City contract to a vendor, and vendors utilizing similar practices as those enumerated
in the first paragraph of this section herein.
Vendors who are able to validate that their conviction history procedures conform to the same
process as shown in this section herein above, will receive one (1) additional Bonus Point which
will be added to their Evaluation Committee score for each Evaluator when the City is soliciting
Requests for Proposal, Requests for Qualifications or Requests for Letters of Interest, unless
prohibited by the requirements of Florida or U.S. statutes or codes. Further, the City reserves
the right to evaluate a Consultant's execution of the conviction history standards as a part of
the performance criteria of said City contracts.
Vendors are requested to provide information relating to their policies regarding criminal
information history and will be asked to provide information as a part of vendor's electronic
response. Vendors with criminal history information procedures may be requested to validate
their procedures by providing copies of their written policy and/or copies of their employment
applications as part of their electronic submittal response.
Remainder of Page Intentionally Blank
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EXHIBIT 1
The City For Your Life
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. 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 CONDITIONS
These Standard Terms and Conditions apply to all offers made to the City of Tamarac by
all prospective Proposers, including but not limited to, Requests for Quotes, Requests for
Proposal and Requests for Bid. As such the words "bid", "proposal" and "offer" are used
interchangeably in reference to all offers submitted by prospective Proposers. The City of
Tamarac reserves the right to reject any or all proposals, to waive any informalities or
irregularities in any proposals received, to re -advertise for proposals, to enter into contract
negotiations with the selected Proposer or take any other actions that may be deemed to
be in the best interest of the City of Tamarac. Any and all special conditions in this RFP
or any sample agreement document that may be in variance or conflict with these
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EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Standard Terms and Conditions shall have precedence over these Standard Terms and
Conditions. If no changes or deletions to the Standard Terms and Conditions are made
in the Special Conditions, then the Standard Terms and Conditions shall prevail in their
entirety.
2. INSURANCE
2.1 Offeror 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 Offeror, its employees,
agents, or subcontractors, if any, with respect to the work and services described herein.
2.2 Offeror shall obtain at Offeror's expense all necessary insurance in such form
and amount as required by this proposal or by the City's Risk Manager before beginning
work under this Agreement.
2.3 Offeror shall maintain such insurance in full force and effect during the life of this
Agreement. Offeror shall provide to the City's Risk Manager current certificates of all
insurance required under this section prior to beginning any work under this Agreement.
2.4 Offeror shall indemnify and save the City harmless from any damage resulting
to it for failure of either Offeror or any Sub -Offeror to obtain or maintain such insurance.
2.5 The following are required types and minimum limits of insurance coverage,
which the Offeror agrees to maintain during the term of this contract:
Line of Business Coverage
Commercial General Liability Including:
Premises / Operations
Contractual Liability
Personal & Advertising injury
Bodily Injury
Independent Contractors
Explosion, Collapse and Underground Hazard
Products / Completed Operation
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability
Workers Compensation & Employer's Liability
Standard Insurance Limits:
General Liability: Occurrence/Aggregate
$1,000,000 / $2,000,000
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TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
of Tamarac Purchasing and Contracts Division
Auto Liability: Occurrence / Aggregate
$1,000,000 / $1,000,000
Workers Compensation: Statutory
The City reserves the right to require higher limits or additional coverages
depending upon the Statement of Work under this Agreement.
2.6 Neither Offeror nor any Sub -Offeror 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 Offeror will ensure that all Sub -Offerors will comply with the above
guidelines and will maintain the necessary coverages throughout the term of this
Agreement.
2.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide
and shall 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.
2.8 The Offeror's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Offeror's Workers' Compensation carrier will
provide a Waiver of Subrogation to the City.
2.9 The Offeror shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Offeror purchase a bond to cover the full
amount of the deductible or self -insured retention.
2.10 If the Offeror is to provide professional services under this Agreement, the
Offeror must provide the City with evidence of Professional Liability insurance with, at a
minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms
are acceptable only for Professional Liability.
2.11 The Successful Offeror agrees to perform the work under the Contract as an
independent contractor, and not as a subcontractor, agent or employee of City.
3. INDEMNIFICATION
3.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law, protect, defend,
indemnify and hold harmless the City, their agents, elected officials and employees from
and against all claims, actions, liabilities, losses (including economic losses), costs arising
out of any actual or alleged:
a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property
including the loss of use resulting therefrom, or any other damage or loss arising out of or
resulting, or claimed to have resulted in whole or in part from any actual or alleged act or
omission of the Contractor, any sub -Contractor, anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable in the performance of
the Work; or
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EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
b). violation of law, statute, ordinance, governmental administration order, rule, regulation,
or infringement of patent rights by Contractor in the performance of the Work; or
c). liens, claims or actions made by the Contractor or any sub -contractor under workers
compensation acts; disability benefit acts, other employee benefit acts or any statutory
bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this
agreement shall be borne by the Contractor
3.2 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.
3.3 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.
3.4 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.
3.5 Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as amended from
time to time.
4. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation 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 any potential
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. Any potential 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.
5. TERM / SCHEDULE
5.1 Contract Term: The City may require a final term Agreement which shall be in
place for a specified timeframe, and may additionally provide for one or more renewal
options. Such information shall be provided in the Statement of Work herein. When the
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TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
City utilizes a term Agreement, the successful contractor will be responsible to
successfully perform in accordance with the requirements of the Statement of Work for
the full term of the Agreement, as well as any agreed upon contract renewals and
extensions. In the event that The City is unable to renew or replace an agreement prior to
the end of the contract term, the Contractor shall continue to perform under the Agreement
on a month -by -month basis at the same terms, conditions and pricing currently in place
on the originally scheduled contract completion date, for a period not to exceed three (3)
months, or until a new contract is put in place, whichever period is shorter.
5.2 Project Schedule: When submitting a proposal for a single project, which will
be accepted upon final completion of work, Proposer shall provide City with an estimated
number of days and hours anticipated to complete the project. The City reserves the right
to consider the acceptability or unacceptability of the Proposer's schedule based upon the
needs of the City for the individual project. The City shall be sole judge of the acceptability
of a proposed project schedule.
6. DELIVERIES
Any item requiring delivery by the Offeror or by sub -contractors shall be delivered F.O.B.
destination to a specific City address. All delivery costs and charges must be included in
the bid price. If delivery of an item is required, the City reserves the right to cancel the
delivery order(s) or any part thereof, without obligation if delivery is not made at the time
specified in the proposal.
7. WARRANTIES
7.1 Successful Offeror warrants to City that the consummation of the work provided
for in the Contract documents will not result in the breach of any term or provision of, or
constitute a default under any indenture, mortgage, contract, or agreement to which
Successful Offeror is a party.
7.2 Successful Offeror warrants to City that it is not insolvent, it is not in bankruptcy
proceedings or receivership, nor is it engaged in or threatened with any litigation,
arbitration or other legal or administrative proceedings or investigations of any kind which
would have an adverse effect on its ability to perform its obligations under the Contract.
7.3 Successful Offeror warrants to City that it will comply with all applicable federal,
state and local laws, regulations and orders in carrying out its obligations under the
Contract.
7.4 All warranties made by Successful Offeror together with service warranties and
guarantees shall run to City and the successors and assigns of City.
8. CONDITIONS OF MATERIAL
8.1 All materials and products supplied by the Offeror in conjunction with this
proposal shall be new, warranted for their merchantability, fit for a particular purpose, free
from defects and consistent with industry standards. The products shall be delivered to
the City in excellent condition. In the event that any of the products supplied to the City
are found to be defective or do not conform to the specifications, the City reserves the
right to return the product to the Bidder at no cost to the City.
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EXHIBIT 1
The City For Your We
of Tamarac Purchasing and Contracts Division
8.2 Successful Offeror shall furnish all guarantees and warranties to the Purchasing
Division prior to final acceptance and payment. The warranty period shall commence upon
final acceptance of the product.
9. EQUITABLE ADJUSTMENT PROVISION
The City of Tamarac may, in its sole discretion, make an equitable adjustment in the
Contract Terms and conditions and/or pricing. If pricing or availability of supply is affected
by extreme or unforeseen volatility in the marketplace that satisfy all the following criteria:
1) the volatility is due to causes wholly beyond the Contractor's control; 2) the volatility
affects the marketplace or industry, not just the particular Contractor's source of supply;
3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects
the Contractor that continued performance of the Contract would result in substantial loss.
Any adjustment would require irrefutable evidence and written approval by the Purchasing
and Contracts Manager, the City Manager or the Mayor and City Commission depending
on the contract threshold and original signature authority established for the individual
Agreement. The City may elect to provide a one-time increase, an increase for a
predetermined period which may be reflected as a change in the unit price or as a
surcharge in addition to the unit price, or an increase for the remainder of the contract. In
the event of any market decreases the Contractor shall in good faith provide the City with
reduced pricing. All requests for an Equitable Adjustments must be addressed in writing
to the attention of the Purchasing and Contracts Manager, and include appropriate
documentation including but not limited to, data from established government or industry
indices, market trend data, notification from suppliers or manufacturers or other
information as agreed upon between the City and the Successful Bidder.
All other provisions of the original agreement remain in effect as written.
10. COPYRIGHTS OR PATENT RIGHTS
The Offeror warrants that there has been no violation of copyrights or patent rights in
manufacturing, producing or selling the goods shipped or ordered as a result of this bid.
The seller agrees to hold the City harmless from all liability, loss or expense occasioned
by any such violation.
11. SAFETY STANDARDS
The Proposer warrants that the product(s) supplied to the City shall conform in all respects
to the standards set forth in the Occupational Safety and Health Act of 1970 as amended,
and shall be in compliance with Chapter 442, Florida Statutes as well as any industry
standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this order must be accompanied by a
completed Material Safety Data Sheet (MSDS).
12. INSPECTION
The City shall have the right to inspect any materials, components, equipment, supplies,
services or completed work specified herein. Any of said items not complying with these
specifications are subject to rejection at the option of the City. Any items rejected shall be
removed from the premises of the City and/or replaced at the entire expense of the
successful vendor.
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TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
13. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Consultant and its sub -consultants 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 Consultant will take affirmative action to ensure that employees and those of its sub -
consultants 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 Consultant and its sub -consultants 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
Consultant further agrees that he/she will ensure that all sub -consultants, if any, will be
made aware of and will comply with this nondiscrimination clause.
14. TAXES
14.1 Successful Offeror shall pay all applicable sales, consumer use and other similar
taxes required by law.
14.2 The City of Tamarac is exempt from all Federal, State, and Local taxes. An
exemption certificate will be provided where applicable upon request.
15. PERMITS, FEES AND NOTICES
Successful Offeror shall secure and pay for all permits and fees, licenses and charges
necessary for the proper execution and completion of the work, if applicable. The costs of
all permits, fees, licenses and charges shall be included in the Price Proposal except
where expressly noted in the specifications.
16. PERFORMANCE
Failure on the part of the Offeror to comply with the conditions, terms, specifications and
requirements of the bid shall be just cause for cancellation of the proposal award. The City
may, by written notice to the Proposal, terminate the contract for failure to perform. The
date of termination shall be stated in the notice. The City shall be the sole judge of non-
performance.
17. TERMINATION OF AGREEMENT
17.1 TERMINATION FOR CAUSE AND DEFAULT
In addition to all other remedies available to the City, this Agreement shall be subject to
cancellation by the City for cause, should the Successful Offeror 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 of
written notice of such neglect or failure.
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TAMARAC Temp. Reso. # 13877
EXHIBIT 1
The City For Your Life
City of Tamarac Purchasing and Contracts Division
17.2 TERMINATION FOR CONVENIENCE OF CITY
This Agreement may be terminated by the City for convenience, upon seven (7) days of
written notice by the City to the Successful Offeror for such termination in which event the
Successful Offeror shall be paid its compensation for services performed to termination
date, including services reasonably related to termination. In the event that the Successful
Offeror abandons this Agreement or causes it to be terminated, the Successful Offeror
shall indemnify the city against loss pertaining to this termination.
17.3 FUNDING OUT
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.
18. RECORDS / AUDITS
18.1 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:
18.1.1 Keep and maintain public records required by the City in order to
perform the service;
18.1.2 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.
18.1.3 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.
18.1.4 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.
18.2 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
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The City For Your Life
of Tamarac Purchasing and Contracts Division
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.
19. ASSIGNMENT
Successful Offeror shall not assign, transfer or subject the Contract or its rights, title,
interests or obligations therein without City's prior written approval. Violation of the terms
of this paragraph shall constitute a breach of the Contract by Successful Offeror and City
may, at its discretion, cancel the Contract. All rights, title, interest and obligations of
Successful Offeror shall thereupon cease and terminate.
20. EMPLOYEES
20.1 Employees of the successful Contractor shall at all times be under its sole
direction and not an employee or agent of the City. The Contractor shall supply competent
and physically capable employees. The City may require the Contractor to remove an
employee it deems careless, incompetent, insubordinate or otherwise objectionable.
Bidder shall be responsible to the City for the acts and omissions of all employees working
under its directions.
20.2 Unauthorized Immigrants: The employment of unauthorized aliens by any
Contractor is considered a violation of Section 274A (e) of the Immigration and Nationality
Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of any contract resulting from this RFP. This applies to any sub-
contractors used by the Contractor as well.
21. GOVERNING LAW:
The laws of the State of Florida shall govern this Agreement. Venue shall be Broward
County, Florida.
22. SCRUTINIZED COMPANIES F.S. 287.135 and 215.473
Proposer must certify that the company is not participating in a boycott of Israel. Proposer
must also certify that Proposer 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 been engaged
in business operations in Cuba or 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. Proposer must acknowledge the question regarding the
certification herein, that is attached to this proposal document.
Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to the successful Contractor (Contractor) of the City's
determination concerning the false certification. The 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, the 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 the Contractor does not demonstrate that the
City's determination of false certification was made in error then the City shall have the
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
23. E-VERIFY COMPLIANCE
As a condition precedent to entering into this Agreement, and in compliance with Section
448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-
Verify system to verify work authorization status of all employees hired after January 1,
2021. Consultant shall require each of its subcontractors to provide Consultant with an
affidavit stating that the subcontractor does not employ, contract with, or subcontract with
an unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as
part of and pursuant to the records retention requirements of this Agreement. City,
Consultant, or any subcontractor/subconsultant who has a good faith belief that a person
or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or
the provisions of this section shall terminate the contract with the person or entity. City,
upon good faith belief that a subcontractor knowingly violated the provisions of this
section; but Consultant otherwise complied, shall promptly notify Consultant and
Consultant shall immediately terminate the contract with the subcontractor.
An agreement or contract terminated under the provisions of this section is not a breach
of contract and may not be considered such. Any agreement or contract termination under
the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla.
Stat. Consultant acknowledges that upon termination of this Agreement by the City for a
violation of this section by Consultant, Consultant may not be awarded a public contract
for at least one (1) year. Consultant further acknowledges that Consultant is liable for any
additional costs incurred by the City as a result of termination of any contract for a violation
of this section. Consultant or subcontractor shall insert in any subcontracts the clauses
set forth in this section; requiring the subcontractors to include these clauses in any lower
tier subcontracts. Consultant shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in this section.
24. PUBLIC RECORDS CUSTODIAN
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
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TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
RFP #23-01 R
SWIMMING POOL & AQUATIC FACILITY MANAGEMENT SERVICES
VI SCOPE OF WORK
A. SCOPE OF PROPOSAL
The purpose of this Request for Proposals is to obtain the services of a qualified firm to
provide Swimming Pool And Aquatic Facilities Management on behalf of the City of
Tamarac Parks and Recreation Department, in conformity with the requirements
contained herein.
The City is seeking a contract for a term of five (5) years, with the option to renew for
additional five (5) year renewal terms based upon satisfactory performance and mutual
agreement of both parties.
Background
The City of Tamarac is seeking proposals from qualified swimming pool management
firms, hereafter referred to as "Contractor". The City of Tamarac has established minimum
specifications which include special and specific firm qualifications to assure and maintain
the quality of the programs provided at the facility. The successful pool management
contractor shall possess municipal aquatic facilities management skills and experience
with aquatic facilities that are similar to the Caporella Aquatic Center and the City's splash
pads. They shall have the ability to perform quality work, as solely determined by the City
of Tamarac, which qualifies it to operate the aquatic facilities as detailed and specified.
The City of Tamarac Caporella Aquatic Center opened in 2007. The facility is located at
9300 NW 581h Street in Tamarac, Florida. Included in the facility is a 25 yard x 25 meter
8 lane geo-thermal heated pool, water slide, children's water sprayground activity area,
picnic shelter, wellness center, locker rooms, office space, pool equipment/storage room,
and concession stand. Additionally, the City opened the splashpad at Water's Edge Park,
located at 7508 NW 61 st St, in 2020 and will open an additional splashpad at Caporella
Park, located at 5200 Prospect Rd, and a water feature at Tamarac Village in 2023,
located at Commercial Blvd and NW 91 It
Ave.
The Contractor will provide all necessary staff and programming for the operation and
management of the swimming pool, children's sprayground activity area, both splashpads
and the aquatic feature at Tamarac Village. The City of Tamarac will provide onsite staff
responsible for overseeing the entire Aquatic Center, including the wellness center and
revenue collection.
City of Tamarac has four primary Aquatic Center Objectives:
1. Safety: Ensure the highest level of safety is maintained in the pool, children's
sprayground, pool deck and surrounding areas for participants and spectators.
2. Customer Service: Provide exceptional customer service and a commitment to
excellence.
3. Programming: Provide innovative quality programming and events to include but
not limited to instructional lessons, fitness programs, and competitions that will
encourage usage by participants of various ages and skill levels.
4. Vision/Direction: To foster and create and environment that responds to the
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TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
customer, creates and innovates, works as a team, achieves results and makes a
difference. It is the City's intent, under the contract to provide the opportunity for
public swimming in the same manner and with the same high regard for public
interest as if the City managed, operated, and maintained the Aquatic Center.
The evaluation of competing firms and individuals will place particular emphasis on
determining which firm is most likely to be able to meet all four objectives listed above.
Interested firms should assure that their proposals explain how, if selected, they will go
about meeting these goals. In addition, Contractors shall clearly detail how their prior
experience, and that of their key personnel, has equipped them to succeed in meeting the
objectives.
The selected Contractor will, from the onset, be held to a high level of performance in
management, operations, programming and customer service.
B. SERVICES TO BE PROVIDED
1. Manage and operate the swimming pool, children's sprayground, and pool deck
areas. Contractor shall provide for the operation of the facility seven (7) days per
week, Monday through Saturday from 9:00 A.M. to 7:OOP.M. and Sunday 9:OOA.M.
to 4:OOP.M. During June, July , and August, the hours on Sundays will be 9:00
A.M. to 7:00 P.M. Additional hours reserved for the swim team will be Wednesdays
and Fridays from 5:30 A.M. to 7:30 A.M. The City reserves the right to extend the
hours, with at least seven (7) days notice to the Contractor. The facility shall
operate a minimum of 71 hours per week except for the week of Thanksgiving as
the facility will be closed on that holiday. The facility is closed to the public for open
swim during the months of December, January and February. The successful
Offeror, however, shall continue to provide organized classes and programs during
those months. Any changes in hours of service (other than those dictated by
emergencies) shall be made with prior approval of the City.
2. Manage and operate the splashpads at Water's Edge Park and Caporella Park.
3. Manage and operate the water feature at Tamarac Village.
4. Develop, implement and supervise a mutually agreed upon number of instructional
programs including but not limited to swim classes, lap swim, open swim, swim
team, water exercise programs, pool rentals and special events for participants of
all ages and abilities. Complete and maintain attendance records for all programs.
Work with City staff to develop and implement programs that will maximize service,
revenue and participation. Instructional swim classes must meet Broward County
Swim Central Criteria.
5. Maintain the swimming pool, splashpads, water features and related mechanical
systems in accordance with the requirements of the Florida Department of Health,
Broward County Health Department, and Florida Department of Agriculture
Bureau of Fair Rides Division.
6. Test safety equipment and water quality at all aquatic facilities and vacuum the
pool on a daily basis. Provide routine maintenance and clean all pumps, drains,
filtering devices and associated equipment. Backwash the filter system as
required by the manufacturer.
7. Maintain the pool, water sprayground, pool deck, storage areas, offices, restrooms,
34
City of Tamarac
TAMARAC
The City For Your life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
locker rooms and entrance areas in a clean, safe and inviting manner including the
collection of trash and debris. City to provide maintenance of restrooms, locker
rooms and offices each day in the evening.
8. Provide an advanced computer vision and artificial intelligence system that will
feature an integration of cameras above and below the water surface, along with
a smart video monitoring system. The system must be capable of learning
patterns, behaviors and movements so that alerts can be created allowing
lifeguards, supervisors and security personnel to be automatically notified of
potential risk.
9. Regulate and maintain a positive controlled environment throughout aquatic
facilities and provide for the enforcement of pool rules and regulations.
10. Provide written reports on equipment and pool safety checks, water quality tests,
life expectancy of equipment, inventory of supplies and program attendance as
required by the City.
11. Provide set up and break -down for programs, lessons, swim meets and special
events.
12. Manage customer service complaints or inquiries and distribute surveys according
to City protocol.
13. Ensure all staff are provided with professional and identifiable uniforms.
C. MINIMUM REQUIREMENTS
14. Manage and operate the swimming pool, children's sprayground, and pool deck
areas. Contractor shall provide for the operation of the facility seven (7) days per
week, Monday through Saturday from 9:00 A.M. to 7:OOP.M. and Sunday 9:OOA.M.
to 4:OOP.M. During June, July , and August, the hours on Sundays will be 9:00
A.M. to 7:00 P.M. Additional hours reserved for the swim team will be Wednesdays
and Fridays from 5:30 A.M. to 7:30 A.M. The City reserves the right to extend the
hours, with at least seven (7) days notice to the Contractor. The facility shall
operate a minimum of 71 hours per week except for the week of Thanksgiving as
the facility will be closed on that holiday. The facility is closed to the public for open
swim during the months of December, January and February. The successful
Offeror, however, shall continue to provide organized classes and programs during
those months. Any changes in hours of service (other than those dictated by
emergencies) shall be made with prior approval of the City.
15. Manage and operate the splashpads at Water's Edge Park and Caporella Park.
16. Manage and operate the water feature at Tamarac Village.
17. Develop, implement and supervise a mutually agreed upon number of instructional
programs including but not limited to swim classes, lap swim, open swim, swim
team, water exercise programs, pool rentals and special events for participants of
all ages and abilities. Complete and maintain attendance records for all programs.
Work with City staff to develop and implement programs that will maximize service,
revenue and participation. Instructional swim classes must meet Broward County
Swim Central Criteria.
18. Maintain the swimming pool, splashpads, water features and related mechanical
systems in accordance with the requirements of the Florida Department of Health,
35
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
Broward County Health Department, and Florida Department of Agriculture
Bureau of Fair Rides Division.
19. Test safety equipment and water quality at all aquatic facilities and vacuum the
pool on a daily basis. Provide routine maintenance and clean all pumps, drains,
filtering devices and associated equipment. Backwash the filter system as
required by the manufacturer.
20. Maintain the pool, water sprayground, pool deck, storage areas, offices, restrooms,
locker rooms and entrance areas in a clean, safe and inviting manner including the
collection of trash and debris. City to provide maintenance of restrooms, locker
rooms and offices each day in the evening.
21. Provide an advanced computer vision and artificial intelligence system that will
feature an integration of cameras above and below the water surface, along with
a smart video monitoring system. The system must be capable of learning
patterns, behaviors and movements so that alerts can be created allowing
lifeguards, supervisors and security personnel to be automatically notified of
potential risk.
22. Regulate and maintain a positive controlled environment throughout aquatic
facilities and provide for the enforcement of pool rules and regulations.
23. Provide written reports on equipment and pool safety checks, water quality tests,
life expectancy of equipment, inventory of supplies and program attendance as
required by the City.
24. Provide set up and break -down for programs, lessons, swim meets and special
events.
25. Manage customer service complaints or inquiries and distribute surveys according
to City protocol.
26. Ensure all staff are provided with professional and identifiable uniforms.
D. CONTRACTOR RESPONSIBILITIES
27. Manage and operate the swimming pool, children's sprayground, and pool deck
areas. Contractor shall provide for the operation of the facility seven (7) days per
week, Monday through Saturday from 9:00 A.M. to 7:OOP.M. and Sunday 9:OOA.M.
to 4:OOP.M. During June, July and August, the hours on Sundays will be 9:00 A.M.
to 7:00 P.M. Additional hours reserved for the swim team will be Wednesdays and
Fridays from 5:30 A.M. to 7:30 A.M. The City reserves the right to extend the
hours, with at least seven (7) days notice to the Contractor. The facility shall
operate a minimum of 71 hours per week except for the week of Thanksgiving as
the facility will be closed on that holiday. The facility is closed to the public for open
swim during the months of December, January and February. The successful
Offeror, however, shall continue to provide organized classes and programs during
those months. Any changes in hours of service (other than those dictated by
emergencies) shall be made with prior approval of the City.
28. Manage and operate the splashpads at Water's Edge Park and Caporella Park.
29. Manage and operate the water feature at Tamarac Village.
30. Develop, implement and supervise a mutually agreed upon number of instructional
programs including but not limited to swim classes, lap swim, open swim, swim
W
City of Tamarac
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
team, water exercise programs, pool rentals and special events for participants of
all ages and abilities. Complete and maintain attendance records for all programs.
Work with City staff to develop and implement programs that will maximize service,
revenue and participation. Instructional swim classes must meet Broward County
Swim Central Criteria.
31. Maintain the swimming pool, splashpads, water features and related mechanical
systems in accordance with the requirements of the Florida Department of Health,
Broward County Health Department, and Florida Department of Agriculture
Bureau of Fair Rides Division.
32. Test safety equipment and water quality at all aquatic facilities and vacuum the
pool on a daily basis. Provide routine maintenance and clean all pumps, drains,
filtering devices and associated equipment. Backwash the filter system as
required by the manufacturer.
33. Maintain the pool, water sprayground, pool deck, storage areas, offices, restrooms,
locker rooms and entrance areas in a clean, safe and inviting manner including the
collection of trash and debris. City to provide maintenance of restrooms, locker
rooms and offices each day in the evening.
34. Provide an advanced computer vision and artificial intelligence system that will
feature an integration of cameras above and below the water surface, along with
a smart video monitoring system. The system must be capable of learning
patterns, behaviors and movements so that alerts can be created allowing
lifeguards, supervisors and security personnel to be automatically notified of
potential risk.
35. Regulate and maintain a positive controlled environment throughout aquatic
facilities and provide for the enforcement of pool rules and regulations.
36. Provide written reports on equipment and pool safety checks, water quality tests,
life expectancy of equipment, inventory of supplies and program attendance as
required by the City.
37. Provide set up and break -down for programs, lessons, swim meets and special
events.
38. Manage customer service complaints or inquiries and distribute surveys according
to City protocol.
39. Ensure all staff are provided with professional and identifiable uniforms.
E. RESPONSIBILITIES OF THE CITY OF TAMARAC
The on -site Manager for the Contractor, and the Management Team must have,
at a minimum, the following expertise, certification, or proven capability:
• Five (5) years individual experience in managing an aquatic facility of
comparable or greater size and budget.
• Possess a Certified Pool Operator (CPO) or Aquatic Facility Operator
(AFO) certification.
• Possess a current First Aid and CPR AED Certification.
• Experience in planning, organizing, and implementing instructional
classes, exercise and fitness programs and sanctioned swim competitions.
37
City of Tamarac
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
Evidence of knowledge of current aquatic industry standards of care related
to water chemistry and disease prevention procedures; lifeguard best
practices; use of adjunct equipment (i.e. rescue equipment, automatic
external defibrillator units and emergency oxygen).
• Evidence of knowledge of current risk management best practices,
community based programming, competitive swimming and event
management.
• Experience in successfully implementing aquatic risk management
procedures that include at a minimum, facility operational audits, lifeguard
performance audits, and vigilance awareness validation.
2. All employees are required to have First Aid and CPR AED Certifications.
Instructors providing lessons are required to have a Life Guard Certification and
Water Safety Instructor Certification, or the equivalent, as well as training or
certification in adaptive aquatics for persons with disabilities.
3. The Successful Offeror will be responsible for hiring the appropriate number of
qualified personnel to conduct the daily operation and management of aquatic
facilities and will comply with all federal, state and local laws related to minimum
age, social security, nondiscrimination, Americans with Disabilities Act ("ADA"),
unemployment compensation, and workers' compensation who will be employed
exclusively for the performance of said contract. All personnel employed by the
Successful Offeror shall be paid in accordance with the Federal Minimum Wage
Law. The Successful Offeror shall be responsible for the payment of all
employment taxes, social security taxes and background checks related to the
employment of said personnel. Personnel employed by the contractor shall be
required to pass a Level 2 criminal background check pursuant to section 435.04,
Florida Statutes and a sexual offender background check. The criminal
background check shall consist of a Florida Department of Law Enforcement
("FDLE") Florida Crime Information Center/National Crime Information Center
(FCIC/NCIC) criminal records check. Evidence of each employee's successful
passing of all background screenings will be required to be provided to the City
prior to any employee working at the Aquatic Facility or any other City facility. Any
employee not meeting this requirement will not be permitted to work at the Aquatic
Facility or any other City facility.
4. All personnel employed by the contractor in the performance of fulfilling the
contract shall be considered employees of the contractor and not of the City. All
Federal (OSHA), State and Broward County standards must be followed for both
the employees and participants with respect to Bloodborne Pathogens and
infectious diseases. The City shall have the right to request replacement of any of
the contractor's employees whose conduct, character or performance is not in the
best interest of the City. The contractor agrees to make replacement of said
employees within five (5) calendar days.
ME
City of Tamarac
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
5. Adhere to and comply with the International Lifeguard Training Program standard
of care for lifeguarding, CPR, safety and emergency procedures.
6. All lifeguards will hold a minimum qualification of an advanced lifeguard certificate
from a nationally recognized certification program and preferably be at least 18
years of age. Said personnel will be furnished in a manner to operate the Aquatic
Center in the safest manner possible and in the best interest of the City. All
management personnel (pool manager, pool assistant manager and head guards)
and lifeguards shall be trained and certified in operation of the City owned
"Automatic External Defibrillator" unit.
F. DELIVERABLES
1. Provide office space for on site manager, lifeguards and first aid.
2. All physical repair and maintenance services of the aquatic facilities necessary to
assure a safe, well maintained and attractive facility. The City will be responsible
for custodial services supplied at night, once a day.
3. Provide all necessary chemicals for operation of aquatic facilities and features.
4. Maintenance and replacement of the building, structures, utilities, and surrounding
areas including shrubbery, waste, and other debris.
5. Obtain and pay for all necessary permits and licenses required by applicable laws,
rules and/or regulations necessary for the operation of the facility.
6. The City's Parks and Recreation Department will be responsible for the collection
and deposit of all revenue to the City's account.
7. In conjunction with the Management Firm, the Parks and Recreation Department
will formulate a revenue and expense budget.
8. The City will determine facility rental contract conditions, requirements, and fees
and assure that user groups follow industry standard safety practices in
compliance with any applicable Federal, State of Florida, or other local ordinances.
9. The City will provide security for the facility, including a monitored alarm, security
cameras and lightning detection system.
10. The Parks and Recreation Department will supervise any City employees assigned
to work at the Aquatic Center.
We
City of Tamarac
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
11. The City will provide all janitorial supplies (paper towels, soap, trash bags, toilet
paper, cleaners, light bulbs, etc.) for the facility.
12. The City will furnish water, telephone, and electricity, and will be responsible for
the payment of all utilities. Any employees who make unauthorized long distance
phone may be required to reimburse the City.
13. The City will be responsible for major repair of equipment.
14. Notwithstanding this or any other section, nothing shall prevent the City of Tamarac
from the right to inspect pool, buildings, fixtures, improvements, furnishings,
machinery or equipment at any time, that are a part of this Contract.
G. PERFORMANCE GUARANTEES
1. Provide an organizational chart which includes a visual delineation of the
Contractors organizational structure and points of contact for the firm.
2. Provide details of the firm's representative(s) who will work directly with the City
on a daily basis including the name of the Contractors Aquatic Center Manager
(the resident manager who will be responsible for day-to-day management), to
include experience, background and qualifications.
3. Provide a description or outline of your proposed structure to manage facility
operations in accordance with the Scope of Services. The Contractor will be
responsible for providing a diagram of the lifeguard zones. The diagram will identify
the number of lifeguards and position placement for both the Caporella Aquatics
Complex Swimming Pool and Sprayground.
4. This should include assignment of personnel by position and their overall role
within the Contractors organization.
5. City shall be provided with written copies of all audits performed by the Contractor
pursuant to this Agreement. All audits shall be turned over to the City within twenty-
four (24) hours following completion of any such audit. Audits will be conducted
quarterly at a minimum each year of the agreement.
6. The Contractor shall keep and maintain adequate records, which reflect safety and
maintenance inspections, chemical levels, injuries, incidents, payroll records,
revenues and expenditures and any other information necessary to properly
manage the facility. These records are to be available for review by the City upon
notification.
H. PERFORMANCE SCHEDULE
The City requires the Contractor to meet certain performance guarantees in support of the
City's Strategic Mission, Vision and Goals, while performing under this Agreement. The
Contractor shall agree to the following:
1. During the normal course of business, the City provides on -site transactional
surveys regarding the operation and services provided at the Caporella Aquatic
.O
City of Tamarac
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
Center. The City will provide a copy of the Survey to the successful proposer. The
Contractor shall have a goal of receiving positive rankings of 'A" or "5" for 90% of
the surveys received that relate to the Caporella Aquatic Center on a monthly
basis.
2. The City desires that the Contractor expand existing programs available at the
Caporella Aquatic Center in order to provide for a more diverse use of the facility.
The Contractor shall be responsible for meeting mutually developed programming
goals for each of the five (5) years of the initial term of this Agreement. Goals for
any additional extension of this Agreement will be determined at the time of such
renewal as applicable.
3. The City will monitor the Contractor's progress on each of the goals on a monthly
basis, and shall provide appropriate feedback to the Contractor at a minimum of
once per month, regarding the Contractor's process.
4. As a means of ensuring that performance guarantees are met, the City reserves
the right to withhold up to ten percent (10%) of the Contractor's monthly
Management Fee on a month -by -month basis under the following conditions:
4.1 In the event that the Contractor fails to meet the required goal for
transactional survey responses pursuant to the requirements of Section
G.1 herein for a period of three (3) consecutive months. Ten percent (10%)
of the monthly Management Fee will be withheld for each month following
the non -compliant three (3) month period, until transactional survey scores
return to the level required by Section G.1 herein, or as mutually agreed
upon with the City.
4.2 If the Contractor fails to meet the required goal for the establishment of the
mutually agreed upon number of programs to be in place by the one (1)
year anniversary date of the Agreement for year one (1); or fails to meet
the required goal for establishment of the mutually agreed upon number of
programs to be in place within nine (9) months after the one (1) year
anniversary date of the Agreement, ten percent (10%) of the monthly
Management Fee will be withheld for each month following the specific
mutually agreed upon benchmark date until Contractor is compliant with
the requirements as mutually agreed upon at the time of contract execution.
4.3 In the event that the Contractor fails to comply with the requirements for
Performance Guarantees, for a period of six (6) consecutive months, the
City reserves the right to take additional corrective actions as enumerated
in appropriate sections in the final Agreement that address remedies and
termination.
41
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
VII TECHNICAL REQUIREMENTS/SPECIFICATIONS
1. CONTRACT PERIOD
The initial contract period shall be for five (5) years beginning upon award final contract
execution and award of the Agreement on January 1, 2023. The City reserves the right
to exercise one additional renewal option for a period of five (5) years. 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.
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 on a month -to -month basis until such time as a new Agreement is awarded and
in place, or upon mutual agreement of the parties. The contractor shall be compensated
for the service at the rate in effect when this extension clause is invoked by the City.
2. 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.
3. 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 required. The Contractor shall also be provided with
a minimum 30-day notice prior to any such reduction in budget.
4. INSURANCE REQUIREMENTS
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.
42
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
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.
III The following are required types and minimum limits of insurance coverage that
the Contractor agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage
Commercial General Liability
Including:
Premises/Operations
Contractual Liability
Occurrence Aggregate
$1,000,000 $2,000,000
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability
Workers' Compensation &
Employer's Liability
$1,000,000 $1,000,000
Statutory
The City reserves the right to require higher limits depending upon the scope of work
under this Agreement.
Iv 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. If the contractor is to provide professional services under this
43
City of Tamarac
TiMARAC
The City For Your Life
Agreement, the Contractor must
Professional Liability insurance with,
per occurrence and in the aggregate
for Professional Liability Insurance.
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
provide the City with evidence of
at a minimum, a limit of $1,000,000
"Claims -Made" forms are acceptable
Remainder of Page Intentionally Blank
I.
City of Tamarac
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
VIII 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;
ii. Potentially Acceptable; that is reasonably susceptible of being made
acceptable; or
Ill. 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
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. Quality of Response Clearly demonstrated understanding of the work to be
performed; Completeness and reasonableness of the offeror's plan/proposal for
accomplishing the tasks; Level of creativity demonstrated by the offeror's proposed
methodologies for meeting the requirements of this proposal.
c. Services to be Provided. This refers to the exact type and nature of the offeror's
proposed services and how they accomplish the objectives of the project,
specifically, the requirements objectives that relate to Safety, Customer Service,
Programming and Vision/Direction, as enumerated in Section VI. "Scope of
Work" herein; as well as the ability to rapidly respond to the City's needs. and the
ability to rapidly respond to the City's needs, as defined in the Evaluation Criteria
set forth.
GIB
City of Tamarac
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
d. Qualifications of the Contractor. Offeror's capability in all respects to perform
fully the contract requirements, and the tenacity, perseverance, experience,
integrity, and reliability which will assure good faith performance, as well as
satisfactory reference verification. This criteria includes:
i. The experience of the firm and its record on engagements of a similar nature,
including the ability to serve in a similar capacity for other units of government
or organizations.
ii. Personnel to be assigned to the project, and their education, capabilities,
qualifications and experience with similar projects.
iii. Reference information gathered from other entities regarding the past
experience of the firm; and
iv. Other areas addressed in the Scope of Work herein.
e. Costs (Price)/Revenue. This refers to the proposed annual not -to -exceed
operational fee plus the annual minimum management fee. Please note that it is
anticipated that the annual minimum management fee will be paid by revenues
collected for gate admissions and class/program revenues. (Please note that price
is only one factor for consideration of award).
i. The offeror shall propose an annual, not -to -exceed operational fee for
execution of services under this Agreement.
ii. The offeror shall include an annual minimum management fee which shall
be based on shared revenues for admission gate collections and
class/program fees. In the event that revenues are insufficient to pay the
minimum management fee, the City shall make an annual lump sum
payment to Contractor for the difference between actual revenue received
by the Contractor, and the minimum management fee. Such payment shall
be made in arrears.
In the event that revenues completely cover the minimum management fee,
the City will not be liable for payment of the fee for that contract year;
however, Contractor will continue to receive revenue from the contracted
percentage of gate and class/program fees.
iii. Other costs/pricing as may be requested on the Proposal Pricing Form
herein.
iv. If proposing costs which may include alternate programs or services not
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.
v. In soliciting requests for the management and operation of the City of
Tamarac Caporella Aquatic Center, the City encourages imaginative and
innovative approaches. Offerors should consider the full range of
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
management options in developing their proposals. Of particular interest
to the City is the offeror's ability to deliver a full scope of aquatic services
that are broad -range and diverse, as well as allow for ample community
use of the venue.
i. Local / CBE / Veteran Preference Consideration (Bonus Points) 5 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), and Veteran -
owned Business Vendors (2.5 points). Recipients may receive credit for either
being a Local Tamarac Vendor or a Broward County Small Business Vendor, or a
Veteran -owned Vendor, whichever has the highest point value.
ii. Consideration of Conviction History Policy (Bonus Point) 1
3. MAXIMUM TECHNICAL & COST POINTS
(Up to 100 Points + 6 Bonus Points)
1. Compliance with Request for Proposals [Mandatory]
2. Quality of Response 15 Points
3. Services to be Provided 40 Points
4. Qualifications of the Proposer/Expertise 30 Points
5. Costs(Price) / Revenue 15 Points
TOTAL TECHNICAL & COST/PRICE/REVENUE POINTS 100 Points
6. Bonus Points: Local / CBE / Veteran Owned Vendor Preference 5
Points
7. Bonus Points: Compliance with Conviction History policy
Point
These weighted criteria are provided to assist Proposers in the allocation of their
time and efforts during the proposal preparation process. The criteria also guide
the Evaluation Committee during the short -listing and final ranking of proposers by
establishing a general framework for those deliberations. Once the Proposals are
evaluated, a "short-list" may be selected to make presentations to the Evaluation
and Selection Committee, prior to a recommendation for award.
The City reserves the right to ask questions for clarification to any and all
Proposers as part of its evaluation. The Proposer shall be prepared to advise the
Committee on the manner in which the contractual obligations will be
accomplished. The City also highly recommends the Proposer have the
appropriate management level staff represent the firm during the presentation
phase, if applicable. The designated Project Manager should be available.
47
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
4. ALTERNATIVE BEST VALUE SCORING
As an alternative to using a weighted criteria, the City may utilize a Best Value Scoring
process. 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. Composite scores will rank responses from 1 (1 st
place), 2 (2nd place), and so on, for the total number of responses under consideration.
Specific Scoring Mechanism for this RFP: The weighted criteria shall be used for the
initial evaluation of proposals for either short -listing, or as the final evaluation method if
the number of responses received does not warrant a short -listing cycle. The City may
then use the best value ranking for the final ranking of firms after the completion of the
evaluation process and/or any oral presentations provided by the short-listed firms.
5. BEST & FINAL OFFER
The City reserves the right to request Best and Final Offers from any or all Proposers
when the City determines that information received during the evaluation process
warrants additional clarification.
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.
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
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
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
TAMARAC Temp. ResE # EXHIBIT
1
EXHIBIT 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
NOTE: THIS FORM IS PROVIDED AS A SAMPLE ONLY. VENDOR MUST SUBMIT
PRICING ELECTRONICALLY THROUGH BIDS AND TENDERS!!!
COST / PRICE/REVENUE PROPOSAL FORM
SWIMMING POOL & AQUATIC FACILITY MANAGEMENT SERVICES
A. YEAR 1 (January 1, 2023 — September 30, 2023)
Annual Operational Fee. Please state the proposed not -to -exceed amount for an annual
guaranteed minimum fixed fee for services to be provided:
2. Annual Minimum Management Fee. In addition to the Annual Operational Fee, upon
opening of the facility, the City agrees to pay the Contractor an Annual Minimum
Management Fee, which shall be in the form of shared revenues with the Contractor,
based on the revenue percentages provided below. In the event that the Contractor's
portion of shared revenue is less than the Annual Minimum Management Fee, the City
shall provide a single lump sum payment in arrears. The Minimum Management Fee shall
be as follows: $
Components of the Annual Minimum Management Fee:
a. Gate Revenue. It is anticipated that this Agreement will provide for revenue
sharing of proceeds collected for admission to the Aquatic Center. The amount
of revenue paid to the Contractor should be expressed as a percentage of total
revenue collected at the gate. The City shall pay the Contractor the following
percentage of gate revenue, with the remainder to be retained by the City:
% of total gate revenue
b. Class/Program Revenue. Per the scope of this proposal, Contractor
shall provide various classes and programs to participants at the Aquatic
Center, and it is anticipated that such revenue will be shared with the City. The
amount of revenue paid to the Contractor should be expressed as a percentage
of total revenue collected for classes or programs provided by the Contractor.
The City shall pay the Contractor the following percentage of class/revenue,
with the remainder to be retained by the City: % of total
class/program revenue
TOTAL YEAR 1 COST: (Annual Operating Fee + Annual Minimum Management Fee):
Cost for After Hours Use. Occasionally, the City may program special events, or require that
Contractor's staff be on -site after normal business hours. Please indicate the hourly cost, in
addition to labor costs, to keep the facility open during non -business hours: $ / hour
50
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
B. YEAR 2 (October 1, 2023 — September 30, 2024)
Annual Operational Fee. Please state the proposed not -to -exceed amount for an annual
guaranteed minimum fixed fee for services to be provided:
2. Annual Minimum Management Fee. In addition to the Annual Operational Fee, upon
opening of the facility, the City agrees to pay the Contractor an Annual Minimum
Management Fee, which shall be in the form of shared revenues with the Contractor,
based on the revenue percentages provided below. In the event that the Contractor's
portion of shared revenue is less than the Annual Minimum Management Fee, the City
shall provide a single lump sum payment in arrears. The Minimum Management Fee shall
be as follows: $
Components of the Annual Minimum Management Fee:
a. Gate Revenue. It is anticipated that this Agreement will provide for revenue
sharing of proceeds collected for admission to the Aquatic Center. The amount
of revenue paid to the Contractor should be expressed as a percentage of total
revenue collected at the gate. The City shall pay the Contractor the following
percentage of gate revenue, with the remainder to be retained by the City:
% of total gate revenue
Class/Program Revenue. Per the scope of this proposal, Contractor
shall provide various classes and programs to participants at the Aquatic
Center, and it is anticipated that such revenue will be shared with the City. The
amount of revenue paid to the Contractor should be expressed as a percentage
of total revenue collected for classes or programs provided by the Contractor.
The City shall pay the Contractor the following percentage of class/revenue,
with the remainder to be retained by the City: % of total
class/program revenue
TOTAL YEAR 2 COST: (Annual Operating Fee + Annual Minimum Management Fee):
Cost for After Hours Use. Occasionally, the City may program special events, or require that
Contractor's staff be on -site after normal business hours. Please indicate the hourly cost, in
addition to labor costs, to keep the facility open during non -business hours: $ / hour
51
City of Tamarac
T.AMAi1AC
The City For Your Life
C. YEAR 3 (October 1, 2024 — September 30, 2025)
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
Annual Operational Fee. Please state the proposed not -to -exceed amount for an annual
guaranteed minimum fixed fee for services to be provided:
2. Annual Minimum Management Fee. In addition to the Annual Operational Fee, upon
opening of the facility, the City agrees to pay the Contractor an Annual Minimum
Management Fee, which shall be in the form of shared revenues with the Contractor,
based on the revenue percentages provided below. In the event that the Contractor's
portion of shared revenue is less than the Annual Minimum Management Fee, the City
shall provide a single lump sum payment in arrears. The Minimum Management Fee shall
be as follows: $
Components of the Annual Minimum Management Fee:
a. Gate Revenue. It is anticipated that this Agreement will provide for revenue
sharing of proceeds collected for admission to the Aquatic Center. The amount
of revenue paid to the Contractor should be expressed as a percentage of total
revenue collected at the gate. The City shall pay the Contractor the following
percentage of gate revenue, with the remainder to be retained by the City:
% of total gate revenue
b. Class/Program Revenue. Per the scope of this proposal, Contractor
shall provide various classes and programs to participants at the Aquatic
Center, and it is anticipated that such revenue will be shared with the City. The
amount of revenue paid to the Contractor should be expressed as a percentage
of total revenue collected for classes or programs provided by the Contractor.
The City shall pay the Contractor the following percentage of class/revenue,
with the remainder to be retained by the City: % of total
class/program revenue
TOTAL YEAR 3 COST: (Annual Operating Fee + Annual Minimum Management Fee):
Cost for After Hours Use. Occasionally, the City may program special events, or require that
Contractor's staff be on -site after normal business hours. Please indicate the hourly cost, in
addition to labor costs, to keep the facility open during non -business hours: $ / hour
52
City of Tamarac
TAMARAC
The City For Your Life
D. YEAR 4 (October 1, 2025 — September 30, 2026)
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
Annual Operational Fee. Please state the proposed not -to -exceed amount for an annual
guaranteed minimum fixed fee for services to be provided:
2. Annual Minimum Management Fee. In addition to the Annual Operational Fee, upon
opening of the facility, the City agrees to pay the Contractor an Annual Minimum
Management Fee, which shall be in the form of shared revenues with the Contractor,
based on the revenue percentages provided below. In the event that the Contractor's
portion of shared revenue is less than the Annual Minimum Management Fee, the City
shall provide a single lump sum payment in arrears. The Minimum Management Fee shall
be as follows: $
Components of the Annual Minimum Management Fee:
a. Gate Revenue. It is anticipated that this Agreement will provide for revenue
sharing of proceeds collected for admission to the Aquatic Center. The amount
of revenue paid to the Contractor should be expressed as a percentage of total
revenue collected at the gate. The City shall pay the Contractor the following
percentage of gate revenue, with the remainder to be retained by the City:
% of total gate revenue
Class/Program Revenue. Per the scope of this proposal, Contractor
shall provide various classes and programs to participants at the Aquatic
Center, and it is anticipated that such revenue will be shared with the City. The
amount of revenue paid to the Contractor should be expressed as a percentage
of total revenue collected for classes or programs provided by the Contractor.
The City shall pay the Contractor the following percentage of class/revenue,
with the remainder to be retained by the City: % of total
class/program revenue
TOTAL YEAR 4 COST: (Annual Operating Fee + Annual Minimum Management Fee):
Cost for After Hours Use. Occasionally, the City may program special events, or require that
Contractor's staff be on -site after normal business hours. Please indicate the hourly cost, in
addition to labor costs, to keep the facility open during non -business hours: $ / hour
53
TAMARAC Temp. ResE #XHIBIIBI T 1 T
E1
City of Tamarac The City For Your Life purchasing and Contracts Division
E. YEAR 5 (October 1, 2026 — December 31, 2027)
1. Annual Operational Fee. Please state the proposed not -to -exceed amount for an annual
guaranteed minimum fixed fee for services to be provided:
2. Annual Minimum Management Fee. In addition to the Annual Operational Fee, upon
opening of the facility, the City agrees to pay the Contractor an Annual Minimum
Management Fee, which shall be in the form of shared revenues with the Contractor,
based on the revenue percentages provided below. In the event that the Contractor's
portion of shared revenue is less than the Annual Minimum Management Fee, the City
shall provide a single lump sum payment in arrears. The Minimum Management Fee shall
be as follows: $
Components of the Annual Minimum Management Fee:
a. Gate Revenue. It is anticipated that this Agreement will provide for revenue
sharing of proceeds collected for admission to the Aquatic Center. The amount
of revenue paid to the Contractor should be expressed as a percentage of total
revenue collected at the gate. The City shall pay the Contractor the following
percentage of gate revenue, with the remainder to be retained by the City:
% of total gate revenue
b. Class/Program Revenue. Per the scope of this
proposal, Contractor shall provide various classes and programs to
participants at the Aquatic Center, and it is anticipated that such revenue will
be shared with the City. The amount of revenue paid to the Contractor should
be expressed as a percentage of total revenue collected for classes or
programs provided by the Contractor. The City shall pay the Contractor the
following percentage of class/revenue, with the remainder to be retained by the
City:
% of total class/program revenue
TOTAL YEAR 5 COST: (Annual Operating Fee + Annual Minimum Management Fee):
Cost for After Hours Use. Occasionally, the City may program special events, or require that
Contractor's staff be on -site after normal business hours. Please indicate the hourly cost, in
addition to labor costs, to keep the facility open during non -business hours: $ / hour
54
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life purchasing and Contracts Division
1. Annual Operational Fee. Please state the proposed not -to -exceed amount for an annual
guaranteed minimum fixed fee for services to be provided:
Annual Minimum Management Fee. In addition to the Annual Operational Fee, upon
opening of the facility, the City agrees to pay the Contractor an Annual Minimum
Management Fee, which shall be in the form of shared revenues with the Contractor,
based on the revenue percentages provided below. In the event that the Contractor's
portion of shared revenue is less than the Annual Minimum Management Fee, the City
shall provide a single lump sum payment in arrears. The Minimum Management Fee shall
be as follows:
Components of the Annual Minimum Management Fee:
Gate Revenue. It is anticipated that this Agreement will provide for revenue sharing of
proceeds collected for admission to the Aquatic Center. The amount of revenue paid to
the Contractor should be expressed as a percentage of total revenue collected at the gate.
The City shall pay the Contractor the following percentage of gate revenue, with the
remainder to be retained by the City:
% of total gate revenue
Class/Program Revenue. Per the scope of this proposal, Contractor shall provide
various classes and programs to participants at the Aquatic Center, and it is anticipated
that such revenue will be shared with the City. The amount of revenue paid to the
Contractor should be expressed as a percentage of total revenue collected for classes or
programs provided by the Contractor. The City shall pay the Contractor the following
percentage of class/revenue, with the remainder to be retained by the City:
% of total class/program revenue
TOTAL COST: (Annual Operating Fee + Annual Minimum Management Fee):
Additional Costs
Cost for After Hours Use. Occasionally, the City may program special events, or require that
Contractor's staff be on -site after normal business hours. Please indicate the hourly cost, in
addition to labor costs, to keep the facility open during non -business hours:
$ / hour
55
City of Tamarac
1.
9
T.0 RAC
-
The City For Your Life
SAMPLE FORM AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
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 for City-wide Swimming Pool and Aquatic Facility
Management Services.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and
Contractor agree as follows:
The Contract Documents
The contract documents consist of this Agreement, Invitation for Request for Proposal
(RFP) Document No. 23-01 R, "SWIMMING POOL & AQUATIC FACILITY
MANAGEMENT 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 # 23-01 R,
"SWIMMING POOL & AQUATIC FACILITY MANAGEMENT SERVICES" as issued by the
City, and the Contractor's Proposal, Invitation for RFP 23-01 R 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.
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 Caporella Aquatic Center, 9300 NW 58"'
Ave., Tamarac, Florida (Aquatic Center), the Splashpad located at Waters
Edge Park, the Splashpad located at Caporella Park and the Tamarac Village
Water Feature, which are included in the bid package RFP NO. 23-01 R,
SWIMMING POOL & AQUATIC FACILITY MANAGEMENT SERVICES.
2.1.2 Contractor shall provide a lifeguard staff with minimum age of 16 years old at
the Aquatic Center.
2.1.3 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.
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
56
City of Tamarac
3.
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.4 Contractor shall provide the City with seventy-two (72) hours written notice prior
to the commencement of services under this Agreement and prior to any schedule
change with the exception of changes caused by inclement weather.
2.1.5 Contractor shall comply with all performance requirements, hold all licenses or
certifications, and provide employees with the appropriate experience as outlined
in the Section V "Statement of Work" of the RFP XX-XXR as issued by the City.
2.1.6 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.
Insurance
3.1 Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as specified in the original bid document or as required by the City's Risk
and Safety Manager before beginning work under this Agreement including, but not limited
to, Workers' Compensation, Commercial General Liability, and all other insurance as
required by the City, including Professional Liability when appropriate. Contractor shall
maintain such insurance in full force and effect during the life of this Agreement. Contractor
shall provide to the City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement.
3.2 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 $2,000,000
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
Professional Liability Insurance $1,000,000 Limit
57
$1,000,000 Limit
TAMARAC Temp. Reso. # TT
EXHIBIT 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
3.3 The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
3.4 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 five (5) years beginning upon award final
contract execution and award of the Agreement on January 1, 2023. The City reserves
the right to exercise renewal options for one additional five (5) year 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.
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 on a month -to -month basis until such time as a new Agreement is
awarded and in place, or upon mutual agreement of the parties. The contractor shall be
compensated for the service at the rate in effect when this extension clause is invoked by
the City.
5. Consideration
5.1 In consideration of the Contractor's Services provided to the City, the City
agrees to pay the Contractor an Operational Fee, and a percentage of operating
revenues in accordance with the provisions of the attached "Schedule of
Payments" included herein as
5.1.1 Annual Operational Fee: The City shall pay to the Contractor an operational fee
not to exceed Dollars and Cents ($XX) in
accordance with the "Schedule of Payments" included herein as
5.1.2 Annual Management Fee: In addition to the Annual Operational Fee, the City
agrees to pay the Contractor Management Fee, which shall be in the form of
shared revenues with the Contractor, based on the following requirements, in
accordance with
5.1.2.1 Gate Revenues: The City shall pay to the Contractor, a sum equaling XX%
of all gate revenues related to the swimming pool facility as defined in the
"Schedule of Payments" included herein as The additional
XX% of revenues shall be retained by the City.
City of Tamarac
0
.0 MA C
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
5.1.2.2 Class/Program Revenues: The City shall pay to the Contractor a sum
equaling XX% of all class/program revenues as defined in the "Schedule
of Payments" included herein as The additional XX% of
revenues shall be retained by the City.
5.1.2.3 The Contractor shall be entitled to a minimum guaranteed annual
Management Fee per the schedule shown below:
Year 1: $
Year 2: $
Year 3: $
Year 4: $
Year 5: $
In the event that the annual aggregate revenues in paragraphs 5.1.2.1 and
5.1.2.2 of this Agreement when dispersed to the Contractor total less than
the minimum guaranteed annual Management fee at the end of the contract
year, the City shall make a lump sum payment to the Contractor, which
reflects the difference between the established Annual Management Fee
and the actual total of aggregate revenues dispersed. Such lump sum
payment shall be made in arrears.
In the event that revenues completely cover the minimum management fee,
the City will not be liable for payment of the fee for that contract year;
however, Contractor will continue to receive revenue from the contracted
percentage of gate and class/program fees.
5.1.3 After Hours Facility Use By City: If the City schedules to use the pool facility during
the established operating hours for a special program or activity, the City shall
provide the Contractor a minimum of seven (7) days notice and compensate the
Contractor as follows:
5.1.3.1 City shall compensate the Contractor at a rate of $XX per hour plus actual
labor costs.
5.1.3.2 Contractor will determine amount of lifeguards needed based on size and
scope of program.
Performance Guarantees
The City requires the Contractor to meet certain performance guarantees in support of the
City's Strategic Mission, Vision and Goals, while performing under this Agreement. The
Contractor shall agree to the following:
6.1 During the normal course of business, the City provides on -site transactional
surveys regarding the operation and services provided at the Caporella Aquatic Center.
A copy of the Survey is included herein as Exhibit A. The Contractor shall have a goal of
receiving positive rankings of 'A" or "5" for % of the surveys received that relate the
Caporella Aquatic Center on a monthly basis.
6.2 The City desires that the Contractor expand existing programs available at the
Caporella Aquatic Center in order to provide for a more diverse use of the facility. The
59
City of Tamarac
7.
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
Contractor shall be responsible for meeting the following programming goals for each of
the two (2) years of the initial term of this Agreement. Goals for any additional extension
of this Agreement will be determined at the time of such renewal as applicable.
6.2.1 During year one (1) of the Agreement, Contractor shall add new programs,
with an enrollment of at least % of the class capacity.
6.2.2 During year two (2) of the Agreement, Contractor shall maintain the
programs, in place at the end of the year one (1) at _% of the class capacity, and
shall add at least _ additional programs with an enrollment of at least _% of
class capacity.
6.3 The City will monitor the Contractor's progress on each of the goals on a monthly
basis, and shall provide appropriate feedback to the Contractor at a minimum of once per
month, regarding the Contractor's process.
6.4 The City reserves the right to withhold up to ten percent (10%) of the Contractor's
monthly Management Fee on a month by month basis under the following conditions
6.4.1 In the event that the Contractor fails to meet the required goal for transactional
survey responses per the requirements of Section 6.1 herein for a period of three
(3) consecutive months. Ten percent (10%) of the monthly Management Fee will
be withheld for each of month following the non -compliant three (3) month period,
until transactional survey scores return to the level required by Section 6.1 herein.
6.4.2 The Contractor fails to meet the required goal for the establishment of six (6)
programs to be in place by the one (1) year anniversary date of the Agreement for
year one (1); or fails to meet the required goal for establishment of three (3)
programs to be in place within nine (9) months after the one (1) year anniversary
date of the Agreement, as enumerated in Section 6.1 herein. Ten percent (10%)
of the monthly Management Fee will be withheld for each month following the
specific benchmark date shown in Section 6.4.2 until Contractor is compliant with
the requirements of Section 6.2 herein.
6.5 In the event that the Contractor fails to comply with the requirements of Sections
6.1 and 6.2 herein, for a period of six (6) consecutive months, the City reserves the right
to take additional corrective actions including, but not limited to remedies outlines in
Sections 9 (Remedies) and 15 (Termination).
Payments
7.1 Payment will be made monthly for work that has been completed, inspected and
properly invoiced. Invoices must bear the project name, bid number and purchase order
number. City has up to thirty (30) days to review, approve and pay all invoices after receipt.
7.2 All payments under this Agreement shall be governed by the Local Government
Prompt Payment Act, F.S., Part VII, Chapter 218. The Contractor must provide proof of
completion of each milestone included in the project schedule.
CI
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
8. Equitable Adjustment Provision / Escalation
The City of Tamarac may, in its sole discretion, make an equitable adjustment in the
Contract Terms and conditions and/or pricing. If pricing or availability of supply is affected
by extreme or unforeseen volatility in the marketplace that satisfy all the following criteria:
1) the volatility is due to causes wholly beyond the Contractor's control; 2) the volatility
affects the marketplace or industry, not just the particular Contractor's source of supply;
3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects
the Contractor that continued performance of the Contract would result in substantial loss.
Any adjustment would require irrefutable evidence and written approval by the Purchasing
and Contracts Manager, the City Manager or the Mayor and City Commission depending
on the contract threshold and original signature authority established for the individual
Agreement. The City may elect to provide a one-time increase, an increase for a
predetermined period which may be reflected as a change in the unit price or as a
surcharge in addition to the unit price, or an increase for the remainder of the contract. In
the event of any market decreases the Contractor shall in good faith provide the City with
reduced pricing. All requests for an Equitable Adjustments must be addressed in writing
to the attention of the Purchasing and Contracts Manager, and include appropriate
documentation including but not limited to, data from established government or industry
indices, market trend data, notification from suppliers or manufacturers or other
information as agreed upon between the City and the Successful Bidder.
All other provisions of the original agreement remain in effect as written.
Indemnification
9.1 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.
9.2 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.
61
TAMARAC Temp. Reso. # T
EXHIBIT 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
9.3 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
Agreement and continue in full force and effect as to the City's and the Contractor's
responsibility to indemnify.
9.4 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.
9.5 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.
10. Remedies
10.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in accordance
with the requirements of this Agreement, or for losses sustained by the City resultant
from the Contractor's failure to perform in accordance with the requirements of this
Agreement.
10.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor
does not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor correct all deficiencies
in the work to bring the work into conformance without additional cost to the City, and / or
replace any personnel who fail to perform in accordance with the requirements of this
Agreement. The City shall be the sole judge of non-conformance and the quality of
workmanship.
11. Change Orders or Agreement Amendments
Without invalidating the contract, without any monetary compensation, and without notice to
any surety, the City reserves and shall have the right to make increases, decreases or other
changes to the work as may be considered necessary or desirable to complete the proposed
engagement in a satisfactory manner. The Contractor shall not start work pursuant to a
change order or agreement amendment until such document setting forth the adjustments is
approved by the City; and executed by the City and Contractor. Once the change order or
agreement amendment is so approved, the Contractor shall promptly proceed with the work.
The Contract Price constitutes the total compensation (subject to authorized adjustments, if
applicable) payable to the Contractor for performing the work. All duties, responsibilities and
obligations assigned to or undertaken by the Contractor shall be at Contractor's expense
without change in the Contract Price or Time except as approved in writing by the City.
The Contract Price and/or Time may only be changed by a change order or agreement
amendment. A fully executed change order / agreement amendment for any additional duties
62
City of Tamarac
11.
12.
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
must exist before such extra duties are initiated. Any claim for an increase or decrease in
the Contract Price shall be based on written notice delivered by the party making the claim
to the other party promptly (but in no event later than 15 days) after the occurrence of the
event giving rise to the claim and stating the general nature of the claim. The amount of the
claim with supporting data shall be delivered (unless the City allows an additional period of
time to ascertain more accurate data in support of the claim) and shall be accompanied by
claimant's written statement that the amount claimed covers all known amounts to which the
claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in
the Contract Price will be valid if not submitted in accordance with this Paragraph.
In the event satisfactory adjustment cannot be reached by the City and the Contractor for
any item requiring a change in the contract, and a change order or agreement amendment
has not been issued, the City reserves the right at its sole option to terminate the contract as
it applies to these items in question and make such arrangements as the City deems
necessary to complete the work. The cost of any work covered by a change order or
agreement amendment for an increase or decrease in the contract price shall be determined
by mutual acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice
of any change in the contract or contract time is required to be given to a surety by the
provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and
the amount of each applicable bond shall be adjusted accordingly. The Contractor shall
furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval
from the Surety may be a basis for termination of this Contract by the City.
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 that he/she will ensure that all subcontractors, if any, will be made aware of and
will comply with this nondiscrimination clause.
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
63
TAMARAC Temp. ResoEXHIBITIT I. # 13
City of Tamarac The City For Your Life Purchasing and Contracts Division
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.
13. 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.
14. 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 City Attorney at the following address:
Fox Rothschild LLP
2 South Biscayne Boulevard
One Biscayne Tower, Suite 2750
Miami, FL 33131
Attn: John R. Herin, Jr.
CONTRACTOR
15. Termination
15.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) 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
City of Tamarac
16
17.
18.
19.
21.
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
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.
15.2 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.
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 required. The Contractor shall also be provided with
a minimum 30-day notice prior to any such reduction in budget.
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.
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.
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.
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.
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.
C4 1
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
22. 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.
23. 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.
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 21 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.
24. Scrutinized Companies - 287.135 AND 215.473
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.
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
City of Tamarac
25.
26
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
Public Records
25.1 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:
25.1.1 Keep and maintain public records required by the City in order to perform
the service;
25.1.2 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.
25.1.3 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.
25.1.4 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.
25.2 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.
E-Verify
As a condition precedent to entering into this Agreement, and in compliance with Section
448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify
system to verify work authorization status of all employees hired after January 1, 2021.
Consultant shall require each of its subcontractors to provide Consultant with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part
of and pursuant to the records retention requirements of this Agreement. City, Consultant,
or any subcontractor/subconsultant who has a good faith belief that a person or entity with
which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions
of this section shall terminate the contract with the person or entity. City, upon good faith
belief that a subcontractor knowingly violated the provisions of this section; but Consultant
67
City of Tamarac
27.
TAMARAC
r/
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
Purchasing and Contracts Division
otherwise complied, shall promptly notify Consultant and Consultant shall immediately
terminate the contract with the subcontractor.
An agreement or contract terminated under the provisions of this section is not a breach of
contract and may not be considered such. Any agreement or contract termination under the
provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat.
Consultant acknowledges that upon termination of this Agreement by the City for a violation
of this section by Consultant, Consultant may not be awarded a public contract for at least
one (1) year. Consultant further acknowledges that Consultant is liable for any additional
costs incurred by the City as a result of termination of any contract for a violation of this
section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in
this section; requiring the subcontractors to include these clauses in any lower tier
subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in this section.
Custodian of Records
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
City of Tamarac
TAMARAC
The City For Your Life
Temp. Reso. # 13877
EXHIBIT 1
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 ---------(President, Owner, C.E.O., etc.)
duly authorized to execute same.
CITY OF TAMARAC
Michelle J. Gomez, Mayor
Date
ATTEST: Kathleen Gunn, City Manager
Kimberly Dillon, CIVIC. City Clerk Date
Approved as to form and legal sufficiency:
Date
John R. Herin, Jr., 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
91
TAMARAC Temp. Reso. #
EXHIBITIBIT 1 1
City of Tamarac The City For Your Life Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
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
❑ DID NOT take
an oath.
70
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12
TAMARAC f'
City of Tamorac The City For Your Life Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SPORTS FACILITIES MANAG IfaI�ENT, LLC
THIS AGREEMENT is made and entered into this %>�day of Januar^ and between
the City of Tamarac, a municipal corporation with principal offices locate&at 7525 N.W.
88th Ave., Tamarac, FL 33321 (the "CITY") and Sports Facilities Management, LLC, a
Florida limited liability company with principal offices located at 600 Cleveland Street,
Suite 910, Clearwater FL 33755 (the "Contractor") to provide for City-wide Swimming Pool
and Aquatic Facility Management 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 No. 23-01 R, "SWIMMING POOL & AQUATIC FACILITY
MANAGEMENT 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 # 23-01 R,
"SWIMMING POOL & AQUATIC FACILITY MANAGEMENT SERVICES" as issued by the
City, and the Contractor's Proposal, Invitation for RFP 23-01 R 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 necessary to perform the services required for
the Caporella Aquatic Center, 9300 NW 58th Ave., Tamarac, Florida (Aquatic
Center portions only and not to include the Fitness Center portion of the
building), the Splashpad located at Waters Edge Park, the Splashpad located
at Caporella Park and the Tamarac Village Water Feature, which are included
in the bid package RFP NO. 23-01 R, SWIMMING POOL & AQUATIC
FACILITY MANAGEMENT SERVICES.
2.1.2 Contractor shall provide a lifeguard staff with minimum age of 16 years old at
the Aquatic Center.
2.1.3 Contractor shall furnish all labor, 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.
Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
TAMARAC
City of Tomaroc The City For Your Life Poich(uiml nod Contracts Division
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.4 Contractor shall provide the City with seventy-two (72) hours written notice prior
to the commencement of services under this Agreement and prior to any schedule
change with the exception of changes caused by inclement weather.
2.1.5 Contractor shall comply with all performance requirements, hold all licenses or
certifications, and provide employees with the appropriate experience as outlined
in the Section V "Statement of Work" of the RFP 23-01 R as issued by the City.
2.1.6 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.
2.1.7 Contractor shall further perform the work for the City in accordance with the terms
described in Exhibit A attached hereto.
3. Insurance
3.1 Types of Coverage; Certificates of Insurance. Contractor and City agree to obtain
insurance coverage in the following manner and amount. City and Contractor shall within
30 days after the Effective Date furnish to the other party certificates of all of the
insurance as well as certificates of renewal no later than ten (10) days prior to the
expiration of each policy. The Commercial General Liability policy (as reflected by current
certificates) held by Contractor shall provide that the City is listed as additionally named
insured on the policy. Contractor will provide reasonable notice to City upon receipt of
/ any intention by Insurer to cancel, not renew or make any adverse change in coverage.
All certificates, cancellation, nonrenewal or adverse change notices shall be mailed to
the respective addresses listed in the notice provisions in Numerical Paragraph 6 herein
or at such other address as any additional insured shall give the other party written notice.
t New Certificates of Insurance are to be provided to the Additional Insureds at least 15
days after coverage renewals. If requested by the City, Contractor shall furnish complete
\ copies of insurance policies, forms and endorsements.
1
3.2 City's Policies. City shall be responsible for obtaining and administering insurance
in connection with the Facility as follows:
(,,I) Property Insurance. City shall also procure and maintain fire and
extended coverage casualty insurance, and (if appropriate) flood insurance,
regarding the Facility in amounts and with companies acceptable to City in its
sole discretion.
(b) Commercial General Liability. City shall procure and maintain, at the City's
sole expense, a Commercial General Liability policy with a combined single limit
of $1,000,000 per occurrence and a general annual aggregate limit of $2,000,000.
All such insurance shall be on an "occurrence" basis.
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City of Rantctot The City For Your Life Pl,rY h, r ,wd Contracts Division
3.3 Contractor's Policies. Contractor shall be responsible for obtaining and
administering insurance in connection with the Facility as follows:
(a) General Liability. Contractor shall procure and maintain as a Facility
Operating Expense a general liability policy (including contractual liability
insurance, including an umbrella policy, and including hired, non -owned auto
coverage, and abuse and molestation coverage) which insures Contractor and
which includes City as an additional named insured, with a general liability policy
(including contractual liability insurance) with a combined single limit of
$1,000,000 per occurrence and a general annual aggregate limit of $2,000,000.
All such insurance shall be on an occurrence basis.
(b) Professional Liability. Contractor shall procure and maintain, as a Facility
Operating Expense, a professional liability policy,
(C) Workers Compensation. Contractor shall procure and maintain as a
Facility Operating Expense worker's compensation insurance required under
applicable Florida state law.
3.4 Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance. The City reserves
its right to select its own defense counsel.
4. Term of Contract
4.1 The initial contract period shall be for five (5) years beginning upon award final
contract execution and award of the Agreement on February 1, 2023. The City reserves
the right to exercise renewal options for one additional five (5) year 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.
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 on a month -to -month basis until such time as a new Agreement is
awarded and in place, or upon mutual agreement of the parties. The Contractor shall
be compensated for the service at the rate in effect when this extension clause is invoked
by the City.
5. Consideration
5.1 In consideration of the Contractor's Services provided to the City, the City
agrees to pay the Contractor as follows:
5.1.1 Annual Management Fee: The City agrees to pay the Contractor an Annual
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City of Tamarac The City For Your Life Purchasing and Contracts Oivrsraer
Management Fee of One Hundred Eighty Thousand Dollars ($180,000)
which shall be paid to Contractor in equal monthly installments of Fifteen
Thousand Dollars ($15,000) per month. The first installment of Fifteen
Thousand Dollars ($15,000) shall be due to Contractor on February 1, 2023
and each installment during the remainder of the Term, will be due and
payable on the first day of each successive month.
5.1.2 Supplemental Fixed Fee: In addition to the Annual Management Fee, the
City agrees to pay Contractor an Annual Supplemental Fixed Fee (the
"Supplemental Fixed Fee"). The City agrees to pay the Contractor an
Annual Supplemental Fixed Fee of Four Hundred Eight Thousand Dollars
(408,000.00) which shall be paid by City to Contractor in equal quarterly
installments on the 1st day of February, April, July and October for that
period (the "Supplemental Fixed Fee"). The Supplement Fixed Fee is
intended to compensate Contractor for its employment costs, insurance
costs, and travel expenses for managing the Facility ("Supplemental
Costs").
5.1.3 Deferred Incentive: The Contractor agrees to organize the programs,
negotiate agreements and pricing, and provide confidence to sponsors
and advertisers throughout the life of the Contractor's service. Contractor
will be paid a deferred incentive for this additional work (the "Deferred
Incentive") equal to Fifty Percent (50%) of the Facility's gross revenue in
excess of One Hundred Twenty -Three Thousand Eight Hundred Ninety
Dollars ($123,890.00) each year. The Contractor will not receive any
Deferred Incentive payments on the first One Hundred Twenty -Three
Thousand Eight Hundred Ninety Dollars ($123,890.00) in Facility Gross
Revenues annually.
6. Payments
6.1 Payment will be made monthly for work that has been completed, inspected and
properly invoiced. Invoices must bear the project name, bid number and purchase order
number. City has up to thirty (30) days to review, approve and pay all invoices after receipt.
6.2 All payments under this Agreement shall be governed by the Local Government
Prompt Payment Act, F.S., Part VII, Chapter 218. The Contractor must provide proof of
completion of each milestone included in the project schedule.
7. Equitable Adjustment Provision / Escalation
The City of Tamarac may, in its sole discretion, make an equitable adjustment in the
Contract Terms and conditions and/or pricing. If pricing or availability of supply is affected
by extreme or unforeseen volatility in the marketplace that satisfy all the following criteria:
1) the volatility is due to causes wholly beyond the Contractor's control; 2) the volatility
affects the marketplace or industry, not just the particular Contractor's source of supply;
3) the effect on pricing or availability of supply is substantial; and 4) the volatility so affects
the Contractor that continued performance of the Contract would result in substantial loss.
Any adjustment would require irrefutable evidence and written approval by the Purchasing
and Contracts Manager, the City Manager or the Mayor and City Commission depending
on the contract threshold and original signature authority established for the individual
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Agreement. The City may elect to provide a one-time increase, an increase for a
predetermined period which may be reflected as a change in the unit price or as a
surcharge in addition to the unit price, or an increase for the remainder of the contract. In
the event of any market decreases the Contractor shall in good faith provide the City with
reduced pricing. All requests for an Equitable Adjustments must be addressed in writing
to the attention of the Purchasing and Contracts Manager, and include appropriate
documentation including but not limited to, data from established government or industry
indices, market trend data, notification from suppliers or manufacturers or other
information as agreed upon between the City and the Successful Bidder.
All other provisions of the original agreement remain in effect as written.
Indemnification
8.1 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
grossly negligent 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.
8.2 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.
8.3 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
Agreement and continue in full force and effect as to the City's and the Contractor's
responsibility to indemnify.
8.4 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.
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8.5 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.
9. Remedies
9.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in accordance
with the requirements of this Agreement, or for losses sustained by the City resultant
from the Contractor's failure to perform in accordance with the requirements of this
Agreement.
9.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the work
exhibits poor workmanship, the City reserves the right to require that the Contractor
correct all deficiencies in the work to bring the work into conformance without additional
cost to the City, and / or replace any personnel who fail to perform in accordance
with the requirements of this Agreement. The City shall be the sole judge of non-
conformance and the quality of workmanship.
10. Change Orders or Agreement Amendments
Without invalidating the contract, without any monetary compensation, and without notice to
any surety, the City reserves and shall have the right to make increases, decreases or other
changes to the work as may be considered necessary or desirable to complete the proposed
engagement in a satisfactory manner. The Contractor shall not start work pursuant to a
change order or agreement amendment until such document setting forth the adjustments is
approved by the City; and executed by the City and Contractor. Once the change order or
agreement amendment is so approved, the Contractor shall promptly proceed with the work.
The Contract Price constitutes the total compensation (subject to authorized adjustments, if
applicable) payable to the Contractor for performing the work. All duties, responsibilities and
obligations assigned to or undertaken by the Contractor shall be at Contractor's expense
without change in the Contract Price or Time except as approved in writing by the City.
The Contract Price and/or Time may only be changed by a change order or agreement
amendment. A fully executed change order / agreement amendment for any additional duties
must exist before such extra duties are initiated. Any claim for an increase or decrease in
the Contract Price shall be based on written notice delivered by the party making the claim
to the other party promptly (but in no event later than 15 days) after the occurrence of the
event giving rise to the claim and stating the general nature of the claim. The amount of the
claim with supporting data shall be delivered (unless the City allows an additional period of
time to ascertain more accurate data in support of the claim) and shall be accompanied by
claimant's written statement that the amount claimed covers all known amounts to which the
claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in
the Contract Price will be valid if not submitted in accordance with this Paragraph.
In the event satisfactory adjustment cannot be reached by the City and the Contractor for
any item requiring a change in the contract, and a change order or agreement amendment
has not been issued, the City reserves the right at its sole option to terminate the contract as
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it applies to these items in question and make such arrangements as the City deems
necessary to complete the work. The cost of any work covered by a change order or
agreement amendment for an increase or decrease in the contract price shall be determined
by mutual acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice
of any change in the contract or contract time is required to be given to a surety by the
provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and
the amount of each applicable bond shall be adjusted accordingly. The Contractor shall
furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval
from the Surety may be a basis for termination of this Contract by the City.
11. 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 that it will ensure that all subcontractors, if any, will be made aware of and will
comply with this nondiscrimination clause.
12. 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.
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13. 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.
14. 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 City Attorney at the following address:
Ottinot Law, P.A.
1745 Eagle Trace Blvd. E., Suite A
Coral Springs, Florida 33071
Attn: Hans Ottinot
CONTRACTOR
Jason Clement
Chief Executive Officer
Sports Facilities Management, LLC
600 Cleveland Street, Suite 910
Clearwater, FL 33755
With a copy to:
Bruce Rector
General Counsel
Sports Facilities Management, LLC
600 Cleveland Street, Suite 910
Clearwater, FL 33755
15. Termination
15.1 Termination for Convenience: This Agreement may be terminated by the City
for convenience, upon seven (7) days of written notice by the City to the subject to section
15.4 below. Contractor shall have the right to terminate this Agreement for any reason or
no reason upon twelve (12) months' notice to City.
15.2 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
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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.
15.3 Default by City: In addition to all other remedies available to the Contractor, this
Agreement shall be subject to cancellation by the Contractor for cause, should the City
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 City of written notice of such neglect or failure.
15.4 Upon termination by the City for any reason other than for "cause" due to
Contractor's breach of any material provision herein, without cure by Contractor following
written notice from City detailing such breach of this Agreement, City shall pay to
Contractor a termination fee (the "Early Termination Fee") on the Termination Date that
is equal to (a) the greater of: (i) the trailing twelve (12) months' fees due to Contractor
hereunder or (ii) twelve (12) times the average monthly payment due to Contractor during
the Term; plus (b) any bonus or incentive payments that the Contractor has earned
through the Termination Date; plus (c) twelve (12) months' salary for all full- time
employees of Contractor that have been employed pursuant to the terms of this
Agreement; plus (d) any severance payments and/or relocation expenses which are
incurred by Contractor related to the Contractor's terminating or relocating full-time
employees that have been assigned to the Facility. In the event that City terminates this
Agreement, City shall have the right to request that Contractor vacate the property and
cease all management activities related to the Facility, in which case City shall pay
Contractor the Early Termination Fee as set forth above.
16. 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.
17. 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.
18. 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.
19. Merger; Amendment
This Agreement and the attached Exhibit A constitute 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.
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20. 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.
21. 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.
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 21 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.
22. Scrutinized Companies - 287.135 AND 215.473
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.
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
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and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
23. Public Records
23.1 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:
23.1.1 Keep and maintain public records required by the City in order to perform
the service;
23.1.2 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.
23.1.3 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.
23.1.4 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.
23.2 During the term of the contract, the Contractor shall maintain all of its 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.
24. E-Verify
As a condition precedent to entering into this Agreement, and in compliance with Section
448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify
system to verify work authorization status of all employees hired after January 1, 2021.
Consultant shall require each of its subcontractors to provide Consultant with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part
of and pursuant to the records retention requirements of this Agreement. City, Consultant,
or any subcontractor/subconsultant who has a good faith belief that a person or entity with
which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions
of this section shall terminate the contract with the person or entity. City, upon good faith
belief that a subcontractor knowingly violated the provisions of this section; but Consultant
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otherwise complied, shall promptly notify Consultant and Consultant shall immediately
terminate the contract with the subcontractor.
An agreement or contract terminated under the provisions of this section is not a breach of
contract and may not be considered such. Any agreement or contract termination under the
provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat.
Consultant acknowledges that upon termination of this Agreement by the City for a violation
of this section by Consultant, Consultant may not be awarded a public contract for at least
one (1) year. Consultant further acknowledges that Consultant is liable for any additional
costs incurred by the City as a result of termination of any contract for a violation of this
section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in
this section; requiring the subcontractors to include these clauses in any lower tier
subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in this section.
25. 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
CITYCLERKOTAMARAC.ORG
Remainder of Page Intentionally Blank
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The City For Your Life
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 Sports Facilities
Management, LLC, signing by and through its Chief Executive Officer duly authorized to execute
same.
I l l d d l,,,, I,
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421, T:
riberly Dillon, C C. City Clerk
Date
ATT T:
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CITY OF TAMARAC
Michelle 7: Gomez, M
Ithleen Gunri, City Manager
/L3Vz3
Date
Appf,dved_�s �, and legal sufficiency:
an
Date
CONTRACTOR
SPORTS FACILITIES MAPAGEIVENT, LLC
B 2g�� 'j
J son lemer as CEO and Manager of its
M er, Sports Facilities Companies Holdings, LLC
� b z�
Date
13
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The City For Your Life
CORPORATE ACKNOWLEDGEMENT
STATE,OFiLORIDA:
:SS
COUNTY OF PINELLAS:
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 Jason Clement, CEO of Sports Facilities Management, LLC, a Florida limited
liability company, 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 ay of_CT�����
BRUCE ALAN RECTOR
Notary Public, State of Florida
My Comm. Expires Jul. 24, 2024
No. HH 18041
14
natureotMotary Public
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TiMlBRAG
The City For Your Life
EXHIBIT A
In addition to the terms described in Numerical Paragraph 2 of the Agreement, the
Contractor shall perform all work for the City per the additional terms set forth below:
ARTICLE 1
DEFINITIONS
1.1. Definitions. For purposes of this Agreement, the following terms have the
meanings referred to in this Section:
Affiliate: A person or company that directly or indirectly, through one or more
intermediaries, controls or is controlled by, or is under common control with, a specified person
or company.
Capital Expenditures: All expenditures for building additions, alterations, repairs or
improvements and for purchases of additional or replacement furniture, machinery, or
equipment, where the cost of such expenditure is greater than Five Thousand Dollars ($5,000)
and the depreciable life of the applicable item is, according to generally accepted accounting
principles, in excess of five (5) years.
Commercial Rights: Naming rights, pouring rights, advertising, sponsorships, the
branding of food and beverage products for resale and memorial gifts at or with respect to the
Facilities.
Emergency Repair: The repair of a condition which, if not performed immediately,
creates an imminent danger to persons or property and/or an unsafe condition at the Facility
threatening persons or property.
Existing Contracts: Service Contracts, Revenue Generating Contracts, and other
agreements relating to the day-to-day operation of the Facilities existing as of the Effective Date.
Facility/Facilities: The "Facility" and the "Facilities" mean the Caporella Aquatic
Center, 9300 NW 58th Ave., Tamarac, Florida (Aquatic Center except for the Fitness Center
portion of the building), the Splashpad located at Waters Edge Park, the Splashpad located at
Caporella Park and the Tamarac Village Water Feature.
FFBE: Furniture, fixtures and equipment to be procured for use at the Facilities
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TAMARAC
City of lan,arac The City For Your Life Contract
General Manager: The employee of Contractor acting as the full-time on -site general
manager of the Facilities.
Laws: Means all applicable laws, statutes, rules, regulations and ordinances.
Operating Account: A separate account in the name of the City at a licensed bank, to
be designated by the City, where Revenue is deposited and from which Operating Expenses are
paid.
Operating Budget: A line -item budget for the Facility that includes a projection of
Revenues and Operating Expenses, presented on a monthly and annual basis.
Operating Expenses: All expenses incurred by Contractor in connection with its
operation, promotion, maintenance and management of the Facilities except for those
Supplemental Costs set forth in Numerical Paragraph 5.1.2 above, including but not limited to
the following:
(i) cost of operating supplies, including general office supplies, (ii) cleaning expenses,
(iii) data processing costs, (iv) dues, subscriptions and membership costs, (v) printing and
stationary costs, (vi) postage and freight costs, (vii) equipment rental costs, (viii) minor repairs,
maintenance, and equipment servicing, not including expenses relating to performing capital
improvements or repairs, (ix) security expenses, (x) telephone and communication charges, (xiv)
travel and entertainment expenses of General Manager, (xi) cost of employee uniforms and
identification, (xii) exterminator and trash removal costs, if applicable (xiii) computer, software,
hardware and training costs, (xiv) parking expenses, (xv) utility expenses, (xvi) office expenses,
(xvii) audit and accounting fees, (xviii) legal fees, (xxiii) all of City's bond and insurance costs,
including but not limited to personal property, general liability, professional liability and any of
City's worker's compensation insurance, (xix) cost of complying with any Laws, (xxi) costs
incurred by Contractor to settle or defend any claims asserted against Contractor arising out of
its operations at the Facilities on behalf of City; (xxii) loss, costs, damage, liability and any other
obligations arising under or incurred under Service Contracts and other agreements relating to
Facility operations, and (xxviii) Taxes.
Operating Year: Each twelve (12) month period during the Term, commencing on
January 1 and ending on December 31.
Operations Manual: The document has been developed by Contractor, which shall
contain terms regarding the management and operation of the Facility including detailed policies
and procedures to be implemented in operating the Facility, as agreed upon by both the City and
the Contractor.
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TAMARAC
City of The City For Your Life l'archosinq and Contracts Division
Recruitment Fee: The term "Recruitment Fee" shall have the meaning ascribed to such
term in Section 6.4 of this Exhibit.
Regulatory Approvals: All applicable governmental or regulatory approvals,
authorizations, consents, licenses or permits.
Revenue: All revenues generated by Contractor's operation of the Facility, including but
not limited to event ticket proceeds income, rental and license fee income, merchandise income,
gross food and beverage income, gross income from any sale of Commercial Rights, gross
service income, equipment rental fees, box office income, and miscellaneous operating income,
but shall not include event ticket proceeds held by Contractor in trust for a third party and paid to
such third party.
Revenue Generating Contracts: Vendor, concessions and merchandising agreements,
user/rental agreements, booking commitments, licenses, and all other contracts or agreements
generating revenue for the Facility and entered into in the ordinary course of operating the
Facility.
Service Contracts: Agreements for services to be provided in connection with the
operation of the Facility, including without limitation agreements for consulting services, ticketing,
web development and maintenance, computer support services, FF&E purchasing services,
engineering services, electricity, steam, gas, fuel, general maintenance, HVAC maintenance,
telephone, staffing personnel including guards, ushers and ticket -takers, extermination,
elevators, stage equipment, fire control panel and other safety equipment, snow removal and
other services which are deemed by Contractor to be either necessary or useful in operating the
Facility.
Taxes: Any and all governmental assessments, franchise fees, excises, license and
permit fees, levies, charges and taxes, of every kind and nature whatsoever, which at any time
during the Term may be assessed, levied, or imposed on, or become due and payable out of or
in respect of, (i) activities conducted on behalf of the City at the Facility, including without
limitation the sale of concessions, the sale of tickets, and the performance of events (such as
any applicable sales and/or admissions taxes, use taxes, excise taxes, occupancy taxes,
employment taxes, and withholding taxes), or (ii) any payments received from any holders of a
leasehold interest or license in or to the Facility, from any guests, or from any others using or
occupying all or any part of the Facility.
ARTICLE 2
SCOPE OF SERVICES
2.1 Limitations on Contractor's Duties. Contractor's obligations under this
Agreement are contingent upon and subject to the City making available, in a timely fashion,
the funds budgeted for and/or reasonably required by Contractor to carry out such obligations
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TAMARAC
City of Tamarac The City For Your Life Purchasing and Contracts Division
during the Term. Contractor shall not be considered to be in breach or default of this Agreement
and shall have no liability to the City or any other party, in the event Contractor does not perform
any of its obligations hereunder due to failure by the City to timely provide such funds.
ARTICLE 3
OWNERSHIP; USE OF THE FACILITY
3.1 Ownership of Facility, Data, Equipment and Materials. The City will at all times
retain ownership of the Facilities, including but not limited to real estate, technical equipment,
furniture, displays, fixtures and similar property, including improvements made during the Term,
at the Facility. Any data, equipment or materials furnished by City to Contractor or acquired by
Contractor as an Operating Expense shall remain the property of City and shall be returned to
City when no longer needed by Contractor to perform under this Agreement. Notwithstanding
the above, City shall not have the right to use any third -party software licensed by Contractor
for general use by Contractor at the Facility and other facilities managed by Contractor, the
licensing fee for which is proportionately allocated and charged to the Facility as an Operating
Expense; such software may be retained by Contractor upon expiration or termination hereof.
Furthermore, City recognizes that the Operations Manual to be developed and used by
Contractor hereunder is proprietary to Contractor and shall belong to Contractor at the end of
the Term; City shall not use or maintain copies thereof upon the end of the Term.
3.2 Right of Use by Contractor. The City hereby gives Contractor the right and
license to use the Facility for the Term, and Contractor accepts such right of use, for the purpose
of performing the services herein specified, including the operation and maintenance of all
physical and mechanical facilities necessary for, and related to, the operation, maintenance and
management of the Facility. The City shall provide Contractor with a sufficient amount of
suitable office space in the Facility (exact office space to be mutually agreed by the parties) and
with such office equipment as is reasonably necessary to enable Contractor to perform its
obligations under this Agreement. In addition, the City shall make available to Contractor, at no
cost, parking spaces adjacent to the Facility for all of Contractor's full-time and part-time
employees.
3.3 Right of Use of Staff by Contractor. Contractor shall have the right to utilize its
employees as needed to support Contractor's organization as a whole, including but not limited
to travel for training and temporary staffing coverage. Contractor shall have the right to utilize
the Facility to host events for its employees from time to time for the purpose of learning and
development, at no cost to the operational budget other than that incurred by the staff who are
regularly stationed at the Facility.
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TAMARAC
City �j 7amor;rc The City For Your Life pt;, ,;;,wg and Contract> Dice
3.4 Observance of Agreements. The City agrees to pay, keep, observe and perform
all payments, terms, covenants, conditions and obligations under any leases, bonds,
debentures, loans and other financing and security agreements to which the City is bound in
connection with its ownership of the Facility.
ARTICLE 4
PERSONNEL
4.1 Generally. All Facility staff and other personnel shall be engaged or hired by
Contractor in its sole discretion, except that City shall preapprove the employment of the General
Manager, and shall be employees, agents or independent contractors of Contractor, and not of
the City. Contractor shall select employees, in its sole discretion but subject to City's right to
approve the Operating Budget and Supplemental Fixed Fee. The Operating Budget shall define
the number, function, qualifications, and compensation, including salary and benefits, of its
employees and shall control the terms and conditions of employment (including without limitation
termination thereof) relating to such employees. Contractor agrees to use reasonable and
prudent judgment in the selection and supervision of such personnel.
4.2 General Manager. Personnel engaged by Contractor will include a full-time on -
site General Manager. Hiring of the General Manager by Contractor requires the prior approval
of the City, which approval shall not be unreasonably withheld or delayed; provided, however, in
the event of a vacancy in the General Manager position, Contractor may, upon notice to the City,
temporarily fill such position with an interim General Manager for up to one hundred eighty (180)
days without the necessity of obtaining the City's approval. The General Manager will have
general supervisory responsibility for Contractor and will be responsible for day-to-day
operations of the Facility, supervision of employees, and management and coordination of all
activities associated with events taking place at the Facility.
4.3 Work Environment. Employees will be required to work to the standards outlined
in the most current version of Contractor's employee handbook. City shall not require employees
of Contractor to vary from those employment standards either directly, or indirectly through
impacting decisions, including but not limited to not funding the correct staffing level, not
providing safe work tools and a safe work environment, or an environment inconsistent with
Contractor's values.
4.4 Post -Termination Employment. In the event of termination, or in any case
where City, and/or its affiliated agencies or entities, expresses an interest in hiring Contractor's
employee(s), Contractor shall reserve the right to agree or deny such a request. In the event that
Contractor elects to permit City to hire Contractor's employee(s), City shall provide the
Contractor with a one-time fee (the "Recruitment Fee") equal to six (6) months' gross salary and
benefits. In any of these events described, the Contractor's employee would not retain the
Contractor's intellectual material in any future employment.
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TAMARAC
The City For Your Life
ARTICLE 5
PROCEDURE FOR HANDLING INCOME
5.1 Operating Account. Except as otherwise agreed to by the parties in writing all
Revenue derived from operation of the Facility shall be deposited by Contractor into the Operating
Account as soon as practicable upon receipt (but not less often than once each business day)
The specific procedures (and authorized individuals) for making deposits to and withdrawals from
such account shall be set forth in the Operations Manual, but the parties specifically agree that
Contractor shall have authority to sign checks and make withdrawals from such account, subject
to the limitation contained in this Agreement, without needing to obtain the co -signature of a City
employee or representative. The Contractor will have access and visibility to all accounts owned
by the City to operate the Facility.
ARTICLE 6
FUNDING
6.1 Source of Funding. City shall pay all items of Operating Expenses as defined
herein for the operation, maintenance, supervision and management of the Facility from the funds
in the Operating Account, which Contractor may also access periodically for this purpose. The
Operating Account shall be funded with amounts generated by operation of the Facility (as
described in Article 5 above), or otherwise made available by the City. To ensure sufficient funds
are available in the Operating Account, City will deposit in the Operating Account, on or before
the Effective Date, the budgeted or otherwise approved expenses for the month beginning on the
Effective Date. The City shall thereafter, on or before the first (1 st) day of each succeeding month
following the Effective Date, deposit (or allow to remain) in the Operating Account the budgeted
or otherwise approved expenses for each such month. Contractor shall have no liability to the
City or any third party in the event Contractor is unable to perform its obligations hereunder, or
under any third -party contract entered into pursuant to the terms hereof, due to the fact that
sufficient funds are not made available to Contractor to pay such expenses in a timely manner.
6.2 Advancement of Funds. Under no circumstances shall Contractor be required to
pay for or advance any of its own funds to pay for any Operating Expenses In the event that,
notwithstanding the foregoing, Contractor agrees to advance its own funds to pay Operating
Expenses, City shall promptly reimburse Contractor for the full amount of such advanced funds,
plus interest at a rate to be mutually agreed upon. City will also fund an amount to be included in
the budget, that will be accounted for as City's asset, to be used as operating funds and working
capital. The "working capital" will be the baseline account balance for the Operating Account and
City will contribute funds as needed to maintain that minimum of amount in the Operating Account.
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TAMARAC
City of T'omarof The City For Your Life purchasing and Controm Division
ARTICLE 7
FACILITY CONTRACTS; TRANSACTIONS WITH AFFILIATES
7.1 Existing Contracts. The City shall provide to Contractor, on or before the
Effective Date, full and complete copies of all Existing Contracts. Contractor shall administer and
use reasonable commercial efforts to assure compliance with such Existing Contracts to the
extent provided to Contractor.
7.2 Execution of Contracts. Contractor shall have the right to enter into Service
Contracts, Revenue Generating Contracts and other contracts related to the operation of the
Facility, as agent on behalf of the City. Any such material agreements shall contain standard
indemnification and insurance obligations on the part of each vendor, licensee or service
provider, as is customary for the type of services or obligations being provided or performed by
such parties.
7.3 Transactions with Affiliates. In connection with its obligations hereunder relating
to the purchase or procurement of services for the Facility (including without limitation food and
beverage services, ticketing services and Commercial Rights sales), Contractor may purchase or
procure such services, or otherwise transact business with, an Affiliate of Contractor, provided
that the prices charged and services rendered by such Affiliate are competitive with those
obtainable from any unrelated parties rendering comparable services. Contractor shall, if
requested by City, provide reasonable evidence establishing the competitive nature of such prices
and services, including if appropriate, competitive bids from other persons seeking to render such
services at the Facility.
ARTICLE 8
AGREEMENT MONITORING AND GENERAL MANAGER
8.1 Contract Administrator. Each party shall appoint a contract administrator who
shall monitor such party 's compliance with the terms of this Agreement. Contractor's contract
administrator shall be its General Manager at the Facility unless Contractor notifies City of a
substitute contract administrator in writing. City shall notify Contractor of the name of its contract
administrator within thirty (30) days of execution hereof. Any and all references in this
Agreement requiring Contractor or City participation or approval shall mean the participation or
approval of such party 's contract administrator.
ARTICLE 9
MANAGEMENT SERVICES
9.1. During the Term, Contractor will be responsible for all aspects of oversight for the
staffing, marketing, maintenance, event management, sponsorship and advertising sales, and
day-to-day operations of the City's Facility.
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TAMARAC
City of Tamarac The City For Your Life Division
a. Staffing. Contractor shall provide a full-time on -site General Manager and other
employees as required to meet the operational needs of the Facility.
b. Annual Business Plan. Contractor will produce an Annual Business Plan two months
prior to the beginning of any Operating Year in the Term, Contractor shall update the Business
Plan and submit the revised Business Plan to City for its review and approval. City shall give its
comments and/or approval of the updated Business Plan within sixty (60) days after receiving
the Business Plan from the Contractor. In the event of disapproval of the Business Plan, the
Contractor shall use commercially reasonable efforts to operate the facility pursuant to the
general terms of this Agreement and the prior Business Plan then in effect, until such time as
the revisions to the Business Plan are agreed upon. In the event of disapproval of the Budgets,
the Contractor shall continue operating the facility pursuant to the Budgets then in effect, subject
to increases in Operating Expenses required due to (i) increases in Gross Receipts; or (ii) other
matters beyond the control of the Contractor, until such time as City and the Contractor agree
upon the appropriate replacement Budgets. However, in the event City disapproves of a
Business Plan, revised Business Plan/Budget hereunder, and Contractor and City fail to reach
an agreement on a new Business Plan, revised Business Plan or Budget within ninety (90) days
of such disapproval, either party may terminate this agreement by providing the other party with
written notice sixty (60) days prior to the date such party intends to terminate. City and the
Contractor agree to use good faith efforts to resolve any differences in opinion regarding the
Business Plan and any portion thereof so that agreement on the Business Plan can be reached
as soon as possible after the date Contractor first submits the revised Business Plan for such
year to the City.
C. Employment Matters. The Contractor shall present the then current staffing, the
incentive bonus plan for employees, and all salaries and payments to employees in the Annual
Operations Budget. It is understood by all parties that reductions and additions to various
positions may be made at Contractor's discretion throughout the year due to business tempo,
trends, opportunities, and budget requirements. If a change is recommended that will require
expense above the budgeted labor percentage. the change will be submitted for City 's review
and approval by City via reforecast and revised business plan or budget.
BANK ACCOUNT. The City shall establish, in the City's name, at a banking institution or
institutions subject to the approval of City, utilizing the federal tax identification number of Facility,
an operating expense account (the "Operating Expense Account").
ACCOUNT FUNDING. Subject to the Contractor's written notices to City as herein, City
acknowledges that it is solely responsible for all Operating Expenses and capital expenditures
required for or on behalf of the Facility provided that such Operating Expenses and capital
improvements are made in accordance with the terms of this Agreement.
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TAMARAC
City of Tamaroc The City For Your Life purchasing and Contracts ter, -i
ARTICLE 10
MISCELLANEOUS
10.1 Interest on Unpaid Sums. Any sums due Contractor under any provision of
this Agreement, and not paid by City within forty-five (45) days after such sums have become
due, shall bear interest at the rate of one and one-half percent (1.5%) per month.
10.2 City Responsible for Payments. Upon termination of or withdrawal from this
Agreement, City shall assume the obligations of any contract or outstanding bill executed by
Contractor under this Agreement for and on behalf of City and responsibility for payment of all
unpaid bills, provided that such obligation had been approved by City.
10.3 Rights Cumulative; No Waiver. No right or remedy herein conferred upon or
reserved to either of the parties to this Agreement is intended to be exclusive of any other right
or remedy, and each and every right and remedy shall be cumulative and in addition to any other
right or remedy given under this Agreement or now or hereafter legally existing upon the
occurrence of an event of default under this Agreement. The failure of either party to this
Agreement to insist at any time upon the strict observance or performance of any of the
provisions of this Agreement, or to exercise any right or remedy or be construed as a waiver or
relinquishment of such right or remedy with respect to subsequent defaults. Every right and
remedy given by this Agreement to the parties may be exercised from "time to time" and as often
as may be deemed expedient by those parties.
10.4 Intellectual Property. City acknowledges that Contractor has certain intellectual
property, trade secrets and proprietary business techniques ("Intellectual Property ") that it will
on behalf of City to meet its obligations under this Agreement. City acknowledges that it obtains
no ownership rights whatsoever in the Intellectual Property and, upon termination of this
Agreement, Contractor shall retain all rights to the Intellectual Property and remove such
Intellectual Property from the Facility and its operations. For purposes of this Agreement, the
term Intellectual Property shall include, without limitation, analytical tools and documented
procedures for forecasting, performance tracking, operational and marketing systems that are
unique to Contractor's approach, staff training programs, program curriculum and agendas,
rights to certain discounts or programs that Contractor has negotiated for Contractor -operated
facilities, and other intellectual property which Contractor has previously introduced to the Facility
and of which Contractor is an author.
23
QQ
�.7
Request for Taxpayer
Give Form to the
Form
(Rev. October2018)
Identification Number and Certification
requester. Do not
Department of the Treasury
send to the IRS.
Internal Revenue Service
► Go to wwvvJrs.gov/FormW9 for instructions and the latest information.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
Sports Facilities Management LLC
2 Business name/disregarded entity name, 0 different from above
4)
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
4 Exemptions (codes apply only to
ca
following seven boxes.
certain entities, not individuals; see
a
p
❑✓ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
instructions on page 3):
rn
y C
single -member LLC
Exempt payee code (if any)
a o
'�
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►
`0 2
Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
Exemption from FATCA reporting
in
.c
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
LLC is
code (If any)
U
another that not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
N
❑ Other (see instructions) ►
qpp es toeccounts m twnedwMide the us.)
Q.
5 Address (number, street, and apt. or suite no.) See instructions.
Requester's name and address (optional)
an
600 Cleveland St. Ste 910
6 City, state, and ZIP code
Clearwater FL 33755
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
social security number
backup withholding. For individuals, this is generally your social security number (SSN. However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number
Number To Give the Requester for guidelines on whose number to enter. 7-7-1 1 1 1 1 T-
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and
,plwijends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured progbrty, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends„ you are rpbt requiygd to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign Signature of
Here U.S. person I- Z Date► 9 7-Z Z—
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)