HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-125Temp. Reso. #12871
9/22/16
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016-�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD RFP 16-28R
AND EXECUTE AN AGREEMENT WITH SAMMET POOLS,
INC., FOR THE CAPORELLA AQUATIC CENTER
WATERSLIDE REPLACEMENT PROJECT FOR AN
AMOUNT NOT TO EXCEED $270,000; A CONTINGENCY
AMOUNT OF $15,000 WILL BE ADDED TO THE PROJECT
ACCOUNT FOR A TOTAL PROJECT BUDGET OF
$285,000; AUTHORIZING AN EXPENDITURE OF $270,000
PLUS CONTINGENCY OF $15,000; AUTHORIZING THE
APPROPRIATION OF $6,750; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Caporella Aquatic Center opened in the spring of 2007; and
WHEREAS, the facility has become a very popular destination for residents and
visitors alike; and
WHEREAS, the facility is used for swim lessons, recreational swimming, and
more; and
WHEREAS, due to wear and tear, it has become necessary to replace the
Caporella Aquatic Center Waterslide; and
WHEREAS, the City of Tamarac publicly advertised RFP 16-28R entitled
"Caporella Aquatic Center Waterslide Replacement Project" on August 14, 2016; and
WHEREAS, Request for Proposals RFP 16-28R is incorporated by reference and
available in the Office of the City Clerk; and
WHEREAS, the City received one response to RFP 16-28R, from Sammet Pools,
Inc.; and
Temp. Reso. #12871
9/22/16
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WHEREAS, the above mentioned proposal was reviewed by the RFP Selection
and Evaluation Committee; and
WHEREAS, the RFP Selection and Evaluation Committee determined that the
proposal response submitted by Sammet Pools, Inc., incorporated by reference and
available in the Office of the City Clerk, was able to meet the needs of the City; and
WHEREAS, it is the recommendation of the Director of Parks and Recreation
and Purchasing and Contracts Manager that the Caporella Aquatic Center Waterslide
Replacement Project be awarded to Sammet Pools, Inc., and
WHEREAS, the City Manager, or his designee, shall be authorized to make
changes, issue Change Orders pursuant to Section 6-1470) of the City Code, and close
the contract award including, but not limited to making final payment and release of any
bonds when the work has been successfully completed within the terms and conditions
of the contract and within the price; and
WHEREAS, An appropriation in the amount of $6,750 to provide sufficient
funding for this contract may be included in a budget amendment prior to November 30,
2017 pursuant to F.S. 166.241(2).
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 authorize the
award of RFP 16-28R entitled "Caporella Aquatic Center Waterslide Replacement
Project" to Sammet Pools, Inc., and to execute an Agreement, attached hereto as
"Exhibit 1 ", for an amount not to exceed $270,000 and a contingency allowance will be
added to this project to be used only on an as -needed basis.
C
Temp. Reso. #12871
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA,
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein
and made a specific part of this resolution.
SECTION 2: That RFP 16-28R entitled "Caporella Aquatic Center Waterslide
Replacement Project" is hereby awarded to Sammet Pools, Inc., for an amount not to
exceed $270,000, and a contingency in the amount of $15,000, for a total budget of
$285,000.
SECTION 3: That the appropriate City officials are hereby authorized to execute
an Agreement with Sammet Pools, Inc., relating to the Caporella Aquatic Center
Waterslide Project, attached hereto as Exhibit 1.
SECTION 4: An appropriation in the amount of $6,750 to provide sufficient
funding for this contract may be included in a budget amendment prior to November 30,
2017 pursuant to F.S. 166.241(2).
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: 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.
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9/22/16
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SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this #411day of
HARRY DRESSLER
MAYOR
ATTEST:
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA1QILfEL S. GOR
CITY ATTORNEY
12016.
`l
C
AGREEMENT
RFP NO. 16-28 R
CAPORELLA AQUATIC CENTER WATERSLIDE
REPLACEMENT PROJECT
City of Tamarac
Purchasing & Contracts Division
7525 NW 88t" Avenue
Room 108
(954) 597-3570
Tamarac, FL 33321
City of Tamarac Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SAMMET POOLS, INC. ,
THIS AGREEMENT is made and entered into this AdayofjW204
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 Sammet Pools, Inc.,
a Florida corporation with principal offices located at 7027 West Broward Blvd., # 264,
Plantation, FL 33317(the "Contractor') to provide for the Caporella Aquatic Center
Waterslide Replacement.
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. 16-28 R —
Caporella Aquatic Center Waterslide Replacement Project, 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 Bid No. 16-28 R as issued
by the City, and the Contractor's Proposal, Bid No. 16-28 R as issued by 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 required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary
to complete the statement of Work, as outlined in the contract
documents for the construction of the Caporella Aquatic Center
Waterslide Replacement Project, Bid No. 16-28 R.
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.
Agreement — RFP No. 16-28R Page 2
City of Tamarac _ _ __ I Purchasing and Contracts Division
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior to
any schedule change with the exception of changes caused by
inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local laws
and regulations now in effect, or hereinafter enacted during the term
of this Agreement, which are applicable to the Contractor, its
employees, agents or subcontractors, if any, with respect to the work
and services described herein.
3) Insurance and Bonds
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified below or as required by the City's Risk
and Safety Manager before beginning work under this Agreement
including, but not limited to, Workers' Compensation, Commercial General
Liability, Builder's Risk and all other insurance as required by the City,
including Professional Liability when appropriate. Contractor shall maintain
such insurance in full force and effect during the life of this Agreement.
Contractor shall provide to the City's Risk and Safety Manager Certificates
of all insurances required under this section prior to beginning any work
under this Agreement. The Contractor will ensure that all subcontractors
comply with the above guidelines and will retain all necessary insurance in
force throughout the term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor'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. Insurance limits are outlined below:
Insurance Requirements
Line of Business/Coverage
occurrence
Aggregate
Limits
Commercial General Liability Including:
Premises/Operations
Contractual Liability
Personal Iryury
Explosion Collapse, Underground Hazard
Products/Completed operation
Broad Farm Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability
$I1oW1000.00
$i,=,000-oD
Workers` Compensation & Employee's Liability
Statutory
Agreement — RFP No. 16-28R Page 3
City of Tamarac Purchasing and Contracts Division
3.3. Neither Bidder 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 Bidder will ensure that all subcontractors
will comply with the above guidelines and will maintain the necessary
coverage throughout the term of this Agreement.
3.4. All insurance carriers shall be rated at least A-VII per A.M. 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.
3.5. Performance and Payment Bonds:
3.7.1 Within fifteen (15) calendar days after contract award, but in any
event prior to commencing work, the contractor shall execute and
furnish the City a Performance Bond and Payment Bond, each written
by a corporate surety, having a resident agent in the State of Florida
and having been in business with a record of successful continuous
operation for at least five (5) years. The surety shall hold a current
certificate of authority from the Secretary of Treasury of the United
States as an acceptable surety on federal bonds in accordance with
United States Department of Treasury Circular No. 570. The Contractor
shall be required to provide acceptable, separate Performance and
Payment Bonds in the amount of One -Hundred Percent (100%) of the
bid award. The Performance Bond shall be conditioned that the
Successful Bidder performs the contract in the time and manner
prescribed in the contract. The Payment Bond shall be conditioned that
the Successful Bidder promptly make payments to all persons who
supply the Successful Bidder in the prosecution of the work provided
for in the contract and shall provide that the surety shall pay the same
in the amount not exceeding the sum provided in such bonds, together
with interest at the maximum rate allowed by law and that they shall
indemnify and save harmless the CITY to the extent of any and all
payments in connection with the carrying out of said contract which the
CITY may be required to make under the law. Payment and
Performance Bonds must be submitted on City forms, included
herein.
3.7.2 Such bonds shall continue in effect for one (1) year after final
payment becomes due except as otherwise provided by law or
regulation or by the Contract Documents with the final sum of said
bonds reduced after final payment to an amount equal to twenty five
percent (25%) of the Contract price, or an additional bond shall be
conditioned that the Successful Bidder correct any defective of faulty
work or material which appear within one (1) year after final completion
of the Contract, upon notification by CITY. The Warranty Bond shall
cover the cost of labor as well as materials.
Agreement — RFP No. 16-28R
Page 4
of Tamarac Purchasinq and Contracts Division
3.7.3 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida
Statutes, the Contractor shall ensure that the Bond or Bonds
referenced above shall be recorded in the Public records of Broward
County. Proof of recording must be submitted to the City prior to
issuance of a purchase order. One (1) set of originals is required.
4) Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement shall be commenced after
City execution of the Agreement and not later than Ten(10),days after the
date that Contractor receives the City's Notice to Proceed. The work shall be
completed within Ninety (90) calendar days from Contractor's receipt of
City's Notice to Proceed subject to any permitted extensions of time under
the Contract Documents. The work under this agreement shall be
substantially complete (i.e. Substantial Completion) within Sixty (60)
calendar days from issuance of the City's Notice to Proceed, subject to any
permitted extensions of time under the Contract Documents. Final
Completion shall be within 30 calendar days from the date of substantial
completion, subject to any permitted extensions of time under the Contract
Documents. For the purposes of this Agreement, substantial completion
shall mean the project is sufficiently complete in accordance with the
Contract Documents so that the project can be occupied or used for its
intended purpose, void of any safety concerns. For the purposes of this
Agreement, final completion shall mean the issuance of final payment.
4.2 During the pre -construction portion of the work hereunder, the parties agree
to work diligently and in good faith in performing their obligations hereunder,
so that all required permits for the construction portion of the work may be
obtained by the City in accordance with the Schedule included in the
Contract Documents. In the event that any delays in the pre -construction or
construction portion of the work occur, despite the diligent efforts of the
parties hereto, and such delays are the result of force majeure or are
otherwise outside of the control of either party hereto, then the parties shall
agree on an equitable extension of the time for substantial completion
hereunder and any resulting increase in general condition costs.
5) Contract Sum
5.1 The Contract Sum for the above work is Two Hundred and Seventy
Thousand Dollars and no cents ($270,000). Inclusive of all costs to
commence and complete the Project as stipulated in the Statement of
Work along with all other related costs indicated in this solicitation.
5.2 The Contractor shall be responsible for securing all necessary City,
County, State, Federal or other permits as may apply for this work.
Contractor shall submit copies of all permits to City. The cost of all
required permits will be reimbursed by the City, without markup, for
properly submitted permit invoices, except for the City's 1 % Public Art
Agreement — RFP No. 16-28R Page 5
City of Tamarac _ Purchasing and Contracts Division
properly submitted permit invoices, except for the City's 1% Public Art
Fee, if applicable. The 1 % Public Art fee is equal to 1 % of construction
value of improvements to the real property.
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and final
inspection of the work. Invoices must bear the project name, project number, bid number
and purchase order number. City has up to thirty (30) days to review, approve and pay all
invoices after receipt. The Contractor shall invoice the City and provide a written request to
the City to commence the one (1) year warranty period. All necessary Releases of Liens
and Affidavits and approval of Final Payments shall be processed before the warranty
period begins. All payments shall be governed by the Florida Prompt Payment Act, F.S.,
Part VII, Chapter 218.
7) Remedies
7.1 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.
7.2 Liquidated Damages: Upon failure of the Contractor to complete each
individual requirement within the specified and mutually agreed upon time
frame (plus approved extensions, if any) the Contractor shall pay to the City
the sum of five hundred dollars ($500.00) for each calendar day after the
time specified for completion and readiness for final payment. This amount is
not a penalty but liquated damages to the City. Liquidated damages are
hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be
sustained by the City as a consequence of such delay, and both parties
desiring to obviate any question of dispute concerning the amount of said
damages and the cost and effect of the failure of the Contractor to complete
the Contract on time. City shall have the right to deduct from and retain out
moneys which may be due or which may become due and payable to
Contractor. The amount of such liquidated damages and if the amount
retained by City is insufficient to pay in full such liquidated damages,
Contractor shall pay in full such liquidated damages. Contractor shall also
be responsible for reimbursing City the total of all monies paid by the City to
the engineer for additional engineering, inspection and administrative
services until the work is complete.
7.3 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
Agreement — RFP No. 16-28R Page 6
City of Tamarac Purchasing and Contracts Division
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.
8) Change Orders
8.1 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 construction in
a satisfactory manner. The Contractor shall not start work pursuant to a
change order until the change order setting forth the adjustments is approved
by the City, and executed by the City and Contractor. Once the change order
is so approved, the Contractor shall promptly proceed with the work. All
Change Orders shall include overhead and profit, not to exceed five percent
(5%) and five percent (5%) respectively.
8.2 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.
8.3 The Contract Price and/or Time may only be changed by a Change Order. A
fully executed change order for any extra work must exist before such extra
work is begun. Any claim for an increase or decrease in the Contract Price
shall be based on written notice delivered by the party making the claim to
the other party promptly (but in no event later than 15 days) after the
occurrence of the event giving rise to the claim and stating the general
nature of the claim. The amount of the claim with supporting data shall be
delivered (unless the City allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be accompanied by
claimant's written statement that the amount claimed covers all known
amounts to which the claimant is entitled as a result of the occurrence of said
event. No claim for an adjustment in the Contract Price will be valid if not
submitted in accordance with this Paragraph.
8.4 The Contract Time may only be changed by a Change Order. A fully
executed change order must exist prior to extension of the contract time.
8.5 Any claim for an extension of the Contract Time shall be based on written
notice delivered by the party making the claim to the other party no later than
fifteen (15) days after the occurrence of the event giving rise to the claim.
Notice of the extent of the claim shall be delivered with supporting data and
stating the general nature of the claim. Contractor hereby agrees to waive
rights to recover any lost time or incurred costs from delays unless
Agreement — RFP No. 16-28R Page 7
City of Tamarac Purchasing and Contracts Division
Contractor has given the notice and the supporting data required by this
Paragraph.
8.6 Extensions of time shall be considered and will be based solely upon the
effect of delays to the work as a whole. Extensions of time shall not be
granted for delays to the work, unless the Contractor can clearly demonstrate
that such delays did or will, in fact, delay the progress of work as a whole.
Time extensions shall not be allowed for delays to parts of the work that are
not on the critical path of the project schedule. Time extensions shall not be
granted until all float or contingency time, at the time of delay, available to
absorb specific delays and associated impacts is used.
8.7 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 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 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.
9) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR
DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE
MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor
shall not be entitled to an increase in the construction cost or payment or compensation of
any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages including but no limited to costs of acceleration or inefficiency, arising because of
delay, disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not
preclude recovery of damages by Contractor for hindrances or delays due solely to fraud,
bad faith or active interference on the part of City or its agents. In addition, if Contractor is
delayed at any time in the progress of the Work by an act or neglect of the City's
employees, or separate contractors employed by the City, or by changes ordered in the
Work, or by delay authorized by the City pending arbitration, then the Contract Time shall
be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be
reasonably increased by Change Order in order to equitably increase the general
conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is
delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in
Agreement — RFP No. 16-28R Page 8
City of Tamarac _ _ _ _ _Purchasing and Contracts Division
deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties
or other causes beyond the Contractor's control, or by other causes which the City and
Contractor agree may justify delay, then the Contract Time shall be reasonably extended
by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract
Time as the sole and exclusive remedy for such resulting delay, in accordance with and to
that extent specifically provided above. No extension of time shall be granted for delays
resulting from normal weather conditions prevailing in the area as defined by the average
of the last ten (10) years of weather data as recorded by the United States Department of
Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale
Weather Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by
all suppliers, subcontractors, and/or Contractors who worked on the project that is the
subject of this Agreement. Payment of the invoice and acceptance of such payment by the
Contractor shall release City from all claims of liability by Contractor in connection with the
agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for
any damages caused by defect to affected area or to interior structure. The one (1) year
warranty period does not begin until approval of final payment for the entire project, and
the subsequent release of any Performance or Payment Bonds, which may be required by
the original bid document.
12) Indemnification
12.1 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.
12.2 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),
Agreement — RFP No. 16-28R Page 9
of Tamarac _ �.r._ Purchasing nd Contracts Division
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.
12.3 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
13) 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.
14) 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
Agreement — RFP No. 16-28R Page 10
City of Tamarac _ _ Purchasing and Contracts Division
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.
15) 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.
16) Notice
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service,
as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Sammet Pools, Inc.
John Sammet, President
7027 West Broward Blvd., # 264
Plantation, FL 33317
isammeta-sammetpools.com
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon seven (7) days of written notice by City to the
Contractor for such termination in which event the Contractor shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the Contractor abandons
this Agreement or causes it to be terminated, Contractor shall indemnify the
city against loss pertaining to this termination.
Agreement — RFP No. 16-28R Page 11
of Tamarac
and Contracts Division
17.2 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.
18) Public Records
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 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.
Agreement — RFP No. 16-28R Page 12
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PUCCl18SIni7 BnCi C(IntCBCtS DiVl3lpn
19) 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.
20) 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.
21) 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.
22) 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.
23) Uncontrollable Circumstances
23.1 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.
23.2 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.
Agreement — RFP No. 16-28R Page 13
City of Tamarac _ �_. Purchasing and Contracts Division
24) 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.
25) 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.
26) 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
Remainder of Page Intentionally Blank
Agreement — RFP No. 16-28R Page 14
City of Tamarac _ _! � Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its President duly
authorized to execute same.
IT OFT MARAC
\0
\ J„ 11i , I l'�� Harry Dressler, Mayor
!�\~0X�� Date
ATTEST: Co chael C. Cernech, City Manager
ate\ e
Patricia A. Teufel, D C ,��`` Date
City Clerk 1 "' W
11LIA&
Date
ATTEST:
N/A
Signature of Corporate Secretary
N/A
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Agreement — RFP No. 16-28R
Approved as to foir7n and legal sufficiency:
'iV,/ /'�- A,,,
C4 Attorney
hl7h i
Date
SAMMIET,?qOLS, !V .
Comr)d .N e
ignature-of President/Owner
John Sammet
President
1
Date
of Tamarac Purchasing & Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF �� r / �4
:SS
COUNTY OF�:
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared John
Sammet, President of Sammet Pools, Inc., a Florida Corporation, to me known to be the
person(s) described in and who executed the foregoing instrument and acknowledged before
me that he/she executed the same.
WITNESS my hand and official seal this L)/ day of , 20/K
TINA M. WHEATLEY
Notary Public State of Florida
' • My Comm. Expires Aug 6.2018
Commission # FF 135678
Bonded Through National Notary Assn.
Signature of Notary Pub 'c
State of Florida at Large
Print, Type or St p
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.
Agreement — RFP No. 16-28R Page 16