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.
ANS OTTINOT
CITY ATTORNEY
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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
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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"
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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
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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"
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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
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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,
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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
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7525 NW 88th Ave The City For Your Life "Committed to Excellence Always"
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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
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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