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HomeMy WebLinkAboutCity of Tamarac Resolution R-2024-017Temp. Reso. #14084 February 14, 2024 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2024 - 017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID #24-02RP, TITLED "SPORTS OFFICIATING SERVICES" TO, AND EXECUTE AGREEMENTS WITH, EAGLE EYE OFFICIATING, LLC AS THE PRIMARY CONTRACTOR; AND WITH SUPERSPORTS OF BROWARD COUNTY, INC. AS THE SECONDARY CONTRACTOR, FOR A PERIOD OF TWO (2) YEARS WITH THREE (3) ADDITIONAL ONE-YEAR RENEWAL OPTIONS; PROVIDING FOR THE EXTENSION AND RENEWAL OF THE AGREEMENTS OR APPROVAL OF ASSIGNMENTS AND OTHER AMENDMENTS TO THE AGREEMENTS PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac will utilize this bid to secure officiating services for youth and adult sports; and WHEREAS, the City of Tamarac publicly advertised RFP #24-02RP, "Sports Officiating Services", on the Bids & Tenders website on October 27, 2023 and WHEREAS, Responses were received from two vendors, Eagle Eye Officiating, LLC and SuperSports of Broward, Inc. ; and WHEREAS, the City Manager appointed an RFP Evaluation Committee consisting of the Parks & Recreation Site Supervisor, Sammie Monroe, Parks & Temp. Reso. #14084 February 14, 2024 Page 2 of 5 Recreation Programmer I, Will Vallejo and Public Services Operations Manager, Rodney Sims; and WHEREAS, The Evaluation Committee ranked Eagle Eye Officiating, LLC, as the highest ranked firm, and SuperSports of Broward, Inc. as the second ranked firm, the Evaluation Committee totals and tabulation of pricing are shown on the Evaluation Committee Final Evaluation Matrix and Pricing Tabulation, a copy of the bid tabulation is attached hereto as Exhibit 1" ; and WHEREAS, Eagle Eye Officiating, LLC, was the highest ranked firm resulting in them being recommended to receive the award as the Primary Contractor, with a copy of the bid submitted on file with the Office of the City Clerk; and WHEREAS, SuperSports of Broward County, Inc., was the second highest ranked firm resulting in them being recommended to receive the award as the Secondary Contractor, with a copy of the bid submitted on file with the Office of the City Clerk; and WHEREAS, sufficient funds are available in the appropriate Parks and Recreation Department Operating account; and WHEREAS, the Director of Parks and Recreation and the Purchasing and Contracts Manager recommend that RFP #24-02RP be awarded to and an agreement executed with Eagle Eye Officiating, LLC, as the Primary Vendor, for a period of two (2) years with three (3) additional one-year renewal options; and WHEREAS, the Director of Parks and Recreation and the Purchasing and Contracts Manager recommend that RFP #24-02RP be awarded to and an Temp. Reso. #14084 February 14, 2024 Page 3 of 5 agreement executed with SuperSports of Broward County, Inc., as the Secondary Vendor, for a period of two (2) years with three (3) additional one-year renewal options; 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 RFP #24-02RP and execute an agreement with Eagle Eye Officiating, LLC, as the Primary Vendor, for a period of two (2) years with three (3) additional one-year renewal options, on behalf of the City of Tamarac, and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP #24-02RP and execute an agreement with SuperSports of Broward County, Inc., as the Secondary Vendor, for a period of two (2) years with three (3) additional one-year renewal options. 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 Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The award of RFP #24-02RP, "Sports Officiating Services", to Eagle Eye Officiating, LLC, as Primary Vendor, is HEREBY AUTHORIZED Temp. Reso. #14084 February 14, 2024 Page 4 of 5 SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Eagle Eye Officiating, LLC, as part of said award, a copy of which is attached hereto as Exhibit "2" for prices as shown in Exhibit 1" SECTION 4: The award of RFP #24-02RP, "Sports Officiating Services", to SuperSports of Broward County, Inc., as Secondary Vendor, is HEREBY AUTHORIZED. SECTION 5: The appropriate City officials are hereby authorized to execute an agreement with SuperSports of Broward County, Inc., a copy of which is attached hereto as Exhibit "3" for prices as shown in Exhibit 1 ". SECTION 6: The City Manager, or his designee, is hereby authorized to approve and execute any subsequent renewal options to this Agreement, or Approval of Assignments and other Amendments to the Agreements, and to initiate Change Orders in amounts not to exceed $65,000 per Section 6-147 of the City ..- SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: 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 9: This Resolution shall become effective immediately upon adoption. Temp. Reso. #14084 February 14, 2024 Page 5 of 5 PASSED, ADOPTED AND APPROVED this � day off 2021� ATTEST: 4 t:v%�XA c i " 7sk - KIMBERLY ILLON, CMC CITY CLERK ICHELLE J. G M Z MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ TICS DIST 1: COMM. BOLTON DIST 2: VM. WRIGHT DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL ` es APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. 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O E M p N Y v Ln O r0 O 41 Y M n C > m C C) ru C C- M v C M l6 J +� v O O +� 0 +� v O +� N U C Q � E 7 U , 7 V C r 7 V) E - H -0 ra cu "O M O co v -O ro v 'O m r0 O O Q w In Q OJ in < Q CU �n Q OA �n Q co tz + H a a a a a w w w w w U) Ln o O o 0 0 � 00 O IH N M N N rN (V N ,V TAMARAC CITY OF TAMARAC '\./ PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 httos:iitamarac.bidsandtenders.om AGREEMENT BETWEEN THE CITY OF TAMARAC AND EAGLE EYE OFFICIATING, LLC THIS AGREEMENT is made and entered into this , day of 20 ;2i- 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_Eagle Eye Officiating, LLC , a Florida Limited Liability company with principal offices located at 9160 NW 25th Street, Sunrise, FL 33322 (the "Contractor") to provide for Primary Sports Officiating Services for the City's Parks and Recreation Department organized sports programs. 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, Bid Document No. 24-02RP — SPORTS OFFICIATING SERVICES, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), 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 the solicitation 24-02RP — SPORTS OFFICIATING SERVICES as issued by the City, and the City's Invitation to Bid #24- 02RP — SPORTS OFFICIATING SERVICES, as issued by the City shall take precedence over the Contractor's Proposal. 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 as the Primary Contractor as required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to provide the sport officiating services. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior TAMARAC CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 https:/Itamarac.bidsandtenders.org to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 2.1.5 Primary Contractor shall have first right to provide staff for required games and venues; however, in the event that Primary Contractor is unable to provide appropriately qualified staff, or if the City requires more staff than the Primary Contractor can provide, the City reserves the right to obtain necessary staff from Secondary Contractor. 2.1.6 Secondary Contractor shall only provide staff when the Primary Contractor is unable to do so; however, Secondary Contractor shall comply with all requirements of this Agreement in the event that secondary staff is required for an event. City Agrees to provide adequate notice to all parties when utilizing Secondary Contractor. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term The contract shall be for an initial period of Two (2) years effective February 15, 2024, commencing with the City's Notice to Proceed. The City reserves the right to renew the contract for up to three (3) additional one (1) year periods, providing all TAMARAC CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 https://tamarac.bidsandtenders.om parties agree to the renewal and all of the terms, conditions and specifications remain the same. 5) Contract Sum Pricing shall conform to the pricing schedule submitted by Contractor, included herein as Attachment A. 6) Payments 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. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VI I, Chapter 218. 7) Warranty Contractor warrants the service provided are in accordance with the specifications of Bid No. 19-01 B. In the event that services do not meet the specifications, Contractor shall perform such steps as required to remedy the defects within a reasonable time after work has been performed. 8) 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 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 and all costs and fees associated TAMARAC CITY OF TAMARAC �1►"'`/ PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 httos:I/tamarac.bidsandtenders.org therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant 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 Consultant. Furthermore, the City and Consultant 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 Consultant'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. 9) 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. 10) 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 TAMARAC CITY OF TAMARAC ��'�� PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 https://tamarac.bidsandtenders.oro 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. 11) 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. 12) 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 same address: CONTRACTOR Eagle Eye Officiating, LLC 9160 NW 25t" Street Sunrise, FL 33322 Attn: Chris Neumann eaaleeveofficiatina(cDvahoo.com Telephone: (954) 245-9395 13) Termination 13.1 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 termination. In the event that the TA�MAARAC CITY OF TAMARAC �/ �'`/ PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 httos://tamarac.bidsandtenders.org Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 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. 14) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) 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. 16) 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. TAMARAC CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 https://tamarac.bidsandtenders.om 17) 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. 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 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. 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) Scrutinized Companies - 287.135 AND 215.473 21.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 21.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, TAMARAC CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 httys:Iltamarac.bidsandtenders.om Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 22) Public Records 22.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 22.1.1 Keep and maintain public records required by the City in order to perform the service; 22.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 22.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 22.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 22.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's i CITY OF TAMARAC "'o—L/ 1. PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 https://tamarac.bidsandtenders.org Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 23. E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor 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. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, 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 Contractor otherwise complied, shall promptly notify Contractor and Contractor 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. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor 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. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 24) 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 will require irrefutable evidence and written approval by the City. 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 TAMARAC CITY OF TAMARAC �1�`� PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 https://tamarac.bidsandtenders.om 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 Procurement 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. 23) 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 TAMARAC CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 httos:lttamarac.bidsandtenders.ora IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Authorized Representative duly authorized to execute same. CITY OF TAMARAC #46_4_&U�r Mich Ile J. Gomez , Ma or Date ATTEST: )1ky event\Ajcuogiu, City Manager Kimberly Dillo , CIVIC Date City Clerk 0.2-1 u, Date ATTEST: NIA Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) AppFeived�; tojorm and legal sufficiency: (G WS Attorney 2 d( Date / , / EAGLE EYE OFFICIATING, LLC Company Name �4 mwv Signature of Authorized Representative Chris Neumann Authorized Representative Date TAMARAAC_ CITY OF TAMARAC �� �/ PURCHASING AND CONTRACTS DIVISION 7525 NW 88M Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 httosJttamarac.bidsandtenders.ora CORPORATE ACKNOWLEDGEMENT STATE OF Lr/'J6 :SS COUNTY OF Zj 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 Chris Neumann, the authorized representative of Eagle Eye Officiating, 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. day o , 201 ignature of Notary Public State of Florida at Large Print, T pe or Stamp Name of Notary Public ❑ Personally known to me or Produced Identification L r� ✓U S L C T pe of I.D. Produced ❑ DID take an oath, or ID NOT take an oath. �r ► '', NAKIA Y SD33 Y •? Notary Public - Sta Commission p H My Comm. ExpiresBonded through Nationa TAMARAC CITY OF TAMARAC 0 —v^--.I PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 https:Iltamarac.bidsandtenders.org ATTACHMENT A -- PRICING Item No. Unit Description Price per Official YOUTH BASKETBALL $41.50 1 EA Youth — U8 Division -- 1 Official each game (16 games, 2 seasons) 2 EA Youth — U10 Division -- 1 Official each game (16 games, 2 seasons) $41.50 3 EA Youth — U12 Division -- 2 Officials each game (29 games, 3 seasons) $41.50 4 EA Youth -- U14 Division -- 2 Officials each game (29 games, 3 seasons) $41.50 5 EA Youth -- U18 Division -- 2 Officials each game (19 games, 3 seasons) $41.50 ADULT BASKETBALL 6 EA Men's — 2 Officials each game (67 games each fall and spring season, 35 games summer season) $47.00 7 EA Women's-2 Officials each game (47 games per season, 1 season) $44.00 YOUTH BASEBALL 8 EA 1 Official for each Coach Pitch (24 games, 2 seasons) $55.00 9 EA 2 Officials for each Minor and Major division game (24 games each season, 2 seasons) $65.00 SOCCER 10 EA Youth -- U8 Division --1 Official per game (32 games) $43.00 11 EA Youth -- U10 Division -- 2 Officials per game (32 games) $40.00 12 EA Youth -- U12 Division -- 2 Officials per game (39 games) $40.00 13 EA Youth -- U14 Division -- 2 Officials per game (39 games $43.00 14 EA Youth -- U18 Division -- 2 Officials per game (39 games) $43.00 ADULT FLAG FOOTBALL 15 EA 2 Officials each game (45 games each season, 2 seasons per year) $44.50 ADULT SOFTBALL 16 EA 1 Official each game (35 games each season, 3 seasons per year) $52.00 YOUTH FLAG FOOTBALL 17 EA Youth -- U8 Division — 1 Official each game (30 games) $39.50 TAMARAC CITY OF TAMARAC 1/ PURCHASING AND CONTRACTS DIVISION 7525 NW 881h Ave The City For Your Life "Committed to Excellence Always" Tamarac, FL 33321 httus://tamarac.bidsandtenders.org 18 EA Youth -- U11 Division — 2 Officials each game (36 games) $39.50 19 EA Youth -- U15 Division — 2 Officials each game (36 games) $39.50 ADULT KICKBALL 20 EA 1 Official each game (35 games per season, 3 seasons) $40.00 ADULT VOLLEYBALL 21 EA 1 Official each game (35 games per season, 3 seasons) $30.00 ADULT DODGEBALL 22 EA 1 Official each game (35 games per season, 2 seasons) $30.00 ADULT PICKLEBALL 23 EA 1 Official each game (35 games per season, 2 seasons) $30.00 ADULT 3-ON-3 TOURNAMENT BASKETBALL 24 EA 1 Official each game (40 games per tourney, 2 tournaments) $35.00