HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-124Temp. Reso. #12733
11/18/15
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015- /a 4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 16-
02B AND EXECUTE AN AGREEMENT WITH
SUPERSPORTS OF BROWARD COUNTY, INC., FOR
SPORTS OFFICIATING SERVICES, FOR A TWO-YEAR
CONTRACT COMMENCING WITH CITY'S NOTICE TO
PROCEED, FOR AN AMOUNT NOT TO EXCEED $59,357
PER YEAR, TOTALING AN AMOUNT NOT TO EXCEED
$118,714, FOR A TWO-YEAR TERM; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide its residents and visitors a
higher level of service by enhancing and improving its outdoor recreation facilities and
environment; and
WHEREAS, the City of Tamarac wishes to contract with a firm or association for
the organization, implementation, and operation of the booking and staffing for the
City`s athletic programs including Youth Basketball, Adult Basketball, Youth Soccer,
Youth Baseball, Youth Flag Football, Adult Flag Football, Adult Kickball, and Adult
Softball; and
WHEREAS, the City published Invitation to Bid No. 16-02B for Sports Officiating
Services on September 27, 2015; and
WHEREAS, Bid #16-02B, including all addendums, is incorporated by reference
and available in the Office of the City Clerk; and
Temp. Reso. #12733
11/18/15
Page 2
WHEREAS, the City examined responses from Supersports of Broward County,
Inc., and Eagle Eye Officiating, LLC and
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 1 "; and
WHEREAS, Supersports of Broward County, Inc., was deemed the most responsive
and responsible bidder, a copy of said Bid is incorporated by reference and available in the
Office of the City Clerk; and
WHEREAS, the City of Tamarac has drafted a contract with Supersports of
Broward County, Inc., for their services at the bid price of $59,357 per year, totaling an
amount not to exceed $118,714 for a two-year term, attached hereto as "Exhibit 2"; and
WHEREAS, it is the recommendation of the Director of Parks and Recreation and
the Purchasing and Contracts Manager that Bid No. 16-02B and the contract for Sports
Officiating Services be awarded to Supersports of Broward County, Inc.; 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 Bid No. 16-
02B and the contract for Sports Officiating Services to Supersports of Broward County,
Inc., at a cost not to exceed $59,357 per year, totaling an amount not to exceed $118,714
for an initial two (2) year term, with the right to renew the contract for three (3) additional
one (1) year periods upon agreement of both parties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Temp. Reso. #12733
11/18/15
Page 3
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 hereby incorporated
herein by this reference.
SECTION 2: Supersports of Broward County, Inc., is awarded Bid No. 16-02B for
Sports Officiating at a cost not to exceed $59,357 per year, totaling an amount not to
exceed $118,714 for a two-year term.
SECTION 3: The appropriate City officials are hereby authorized to execute an
Agreement between the City of Tamarac and Supersports of Broward County, Inc., in
the bid amount of $59,357 per year, totaling an amount not to exceed $118,714 for a
two-year term, for Sports Officiating Services.
SECTION 4: That funding will be available in the appropriate Parks and Recreation
Accounts.
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.
Temp. Reso. #12733
11/18/15
Page 4
SECTION 7: This Resolution shall become effective immediately upon its passage
and adoption. PASSED, ADOPTED AND APPROVED)1-4
I9TH DAY OF DECEMBER,
2015.
HARR DRESSLER
MAYOR
ATTEST:
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
� -SAMUEL S. GOREN
CITY ATTORNEY
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a)
R
FE
AGREEMENT
BID NO. 16-02 B
SPORTS OFFICIATING SERVICES
ISSUED: SEPTEMBER 27, 2015
City of Tamarac
Purchasing & Contracts Division
7525 NW 88th Avenue
Room 108
(954) 597-3570
Tamarac, FL 33321
of Tamarac
Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
0MI
SUPERSPORTS OF BROWARD COUNTY, INC.
THIS AGREEMENT is made and entered into this A day ofS"ai#o 20f� 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 Supersports of Broward Co., Inc.,
a Florida Corporation with principal offices located at 11871 S. W. 8th Court, Davie, FL 33325
(the "Contractor") to provide for Sports Officiating Services as per Bid No. 16-02 B.
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. 16-02 B —
Sports Officiating Services, including all conditions therein, (General Terms and Conditions,
Special Conditions and/or Special Provisions), drawings, Technical Specifications, all
addenda, the Contractor's bid/proposal included herein, and all modifications issued after
execution of this Agreement. These contract documents form the Agreement, and all are as
fully a part of the Agreement as if attached to this Agreement or repeated therein. In the
event that there is a conflict between Bid No. 16-02 B - Sports Officiating Services as issued
by the City, and the Contractor's Proposal; Bid No. 16-02 B 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 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. ik\;6
2.1.2 Contractor shall including, but not limited to, ensuring all personnel (�
assigned to the contract have cleared the background screening as 1
required by Bid Document No. 16-02 B.
2.1.3 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and professional
manner. Contractor shall comply with all OSHA safety rules and
regulations in the operation of equipment and in the performance of the
work. Contractor shall at all times have a competent field supervisor on
the job site to enforce these policies and procedures at the Contractor's
expense.
2.1.4 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior to
City of Tamarac IPurchasing and Contracts Division
any schedule change with the exception of changes caused by inclement
weather.
2.1.5 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.
Contractor shall comply with any and all Federal, State, and local laws and regulations now in
effect, or hereinafter enacted during the term of this Agreement, which are applicable to the
Contractor, its employees, agents or subcontractors, if any, with respect to the work and
services described herein
3) Insurance
3.1. 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) Term
The contract shall be for an initial period of Two (2) years commencing with the City's
Notice to Proceed. The City reserves the right to renew the contract for three (3) additional
one (1) year periods, providing all 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.
City of Tamarac
Purchasing and Contracts Division
All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII,
Chapter 218.
7) Warranty
Contractor warrants the services provided are in accordance with the specifications of
Bid No. 16-2 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
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 pfirt 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
City of Tamarac IPurchasing and Contracts Division
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 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.
City of Tamarac Purchasing and Contracts Division
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 following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Supersports of Broward County, Inc.
Attn: Robert H. Segal, President
11871 SW 8th Court
Davie, FL 33325
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 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.
of Tamarac
14) Public Records
Purchasing and Contracts Division
14.1 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:
14.1.1 Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service;
14.1.2 Provide the public with access to such public records on the same terms
and conditions that the City would provide the records and at a cost that
does not exceed that provided in chapter 119, Fla. Stat., or as otherwise
provided by law;
14.1.3 Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
14.1.4 Meet all requirements for retaining public records and transfer to the City,
at no cost, all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt. All records stored electronically
must be provided to the City in a format that is compatible with the
information technology systems of the agency.
14.2 The failure of Contractor to comply with the provisions set forth in this Article
shall constitute a Default and Breach of this Agreement and the City shall
enforce the Default in accordance with the provisions set forth in Article 13
"Termination" herein.
15) Uncontrollable Forces
15.1 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.
15.2 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
City of Tamarac Purchasing and Contracts Division
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
16) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of
Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
17) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
18) 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.
19) 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.
20) 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.
21) 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.
City of Tamarac
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 it's duly
authorized to execute same.
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Patricia A. Teufel, CMCP
City Clerk
Date
ATTEST:
Signature of Corporate Secretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OFT MARAC
Harry ffr9ssl4r, Mayor
l,� -o9-/s--
Date
ael C. Cernech, City Mana er
Date
Approved as to form and legal sufficiency:
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City Attrney
/C)--/% /
Date
Supersports of Broward County, Inc.
Company Name
Signature of President/Owner
Robert H. Segal
Type/Print Name of President/Owner
Date
of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF
SS
COUNTY OF
and Contracts Division
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 Robert
Segal, of Supersports of Broward County, 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 day off
Signature of Notary Public
ANJ MAS000
to of Florida at Large
`.oiap°os�
_' _: : � Notary Public
-State of Fl
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- Com
My Comm. Expires Jul 16,Print, Type or Stamp
.�. -lame of Notary Public
❑ Personally known to me or
Produced Identification
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Type of I.D. Produced
ADID take an oath, or
❑ DID NOT take an oath.
of Tamarac
ATTACHMENT A
SCHEDULE OF UNIT PRICING
and Contracts Division
Item
No.
Unit
Description
Price per
Official
YOUTH BASKETBALL
1
Per Game
Youth — Freshman (1 Official each game, 29 games, 2 seasons)
$27.50
2
Per Game
Youth —Sophomore (1 Official each game, 29 games, 2 seasons)
$27.50
3
Per Game
Youth -Junior (2 Officials each game, 29 games, 2 seasons)
$27.50
4
Per Game
Youth - Senior (2 Officials each game, 19 games, 2 seasons)
$27.50
ADULT BASKETBALL
5
Per Game
Two officials each game, 67 games each fall and spring season, 35
games summer season
$32.00
6
Per Game
One scorekeeper for each game, 67 games each fall and spring
season, 35 games each summer season
$16.00
YOUTH BASEBALL
7
Per Game
One official for each Coach Pitch (30 games, 2 seasons)
$45.00
8
Per Game
Two officials for each Minor and Major division game (30 games
each season, one season per year)
$50.00
SOCCER
9
Per Game
Youth U8 (1 per game, 55 games)
$35.00
10
Per Game
Youth U10 (2 per game,37 games)
$32.50
11
Per Game
Youth U13 (2 per game, 37 games)
$32.50
12
Per Game
Youth U16 (2 per game, 37 games)
$35.00
YOUTH FLAG FOOTBALL
13
Per Game
One official for each U8 division game (19 games per season, 1
season)
$30.00
14
Per Game
Two officials for each U11 and U15 division games (14 games each
season, one season per year)
$29.00
ADULT FLAG FOOTBALL
1175Per
Game
Two officials each game (73 games each season, 2 seasons per
year)
$30.00
ADULT KICKBALL
16
Per Game
One official each game, (31 games each season, three seasons per
year)
$35.00
ADULT SOFTBALL
177
Per Game
One official each game (87 games each season, two seasons per
year) 1
$35.00