HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-0431
Temp. Reso. 12640
May 5, 2015
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R2015-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AWARDING
RFP NO. 14-18R TO AND APPROVING AN
AGREEMENT WITH ELERT & ASSOCIATES FOR
THE DEVELOPMENT OF A SECURITY MASTER
PLAN FOR A CONTRACT AMOUNT OF $787280;
AUTHORIZING AN EXPENDITURE OF NOT TO
EXCEED $78,280 FROM THE APPROPRIATE
ACCOUNTS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has many public facilities with different security and
surveillance requirements; and
WHEREAS, a comprehensive security and surveillance master plan is
needed to guide the implementation of the City's future security systems, and
WHEREAS, the City published a two phase Request for Proposal (RFP #
14-18R) for the development of a comprehensive Security Master Plan, a copy of
which is attached hereto as "Exhibit 1 "; and
WHEREAS, the City Manager appointed Financial Services Director, Mark
Mason, Fire Rescue Chief Mike Burton, Public Services/Public Works Operations
Manager John Engwiller, Risk and Safety Manager Patty Tomaszewski, Lt.
Daniel Marks (BSO) and Information Technology Director Levent Sucuoglu to the
RFP Evaluation Committee; and
Temp. Reso. 12640
May 5, 2015
Page 2 of 4
WHEREAS, this Evaluation Committee evaluated both Phase I and Phase
II of the RFP; and
WHEREAS, the first phase of the RFP 14-18R was to identify and select
qualified security firms; and
WHEREAS, two responses were received as a result of this RFP and both
firms were judged to be highly qualified firms by the Evaluation Committee and
were selected to move forward to the priced competition; and
WHEREAS, the two firms were:
• Elert & Associates
• Ross & Baruzzini
; and
WHEREAS, on February 26, 2015, the City issued the second phase of
the RFP 14-18R where pricing was requested from the above pre -qualified firms
for the services listed in the RFP; and
WHEREAS, the Evaluation Committee met with both firms for their oral
presentations and ranked Elert & Associates proposal as the winning response to
this RFP; and
WHEREAS, it is the recommendation of the Evaluation Committee and the
Purchasing and Contracts Manager that the City Commission of the City of
Tamarac award RFP 14-18R to and execute an agreement with Elert &
Associates, a copy of the Agreement is attached hereto as "Exhibit 2",
incorporated herein and made a specific part of this resolution; and
Temp. Reso. 12640
May 5, 2015
Page 3 of 4
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 14-18R to and execute an Agreement with Elert & Associates for the
development of a Security Master Plan at a contract cost of $78,280.
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 upon adoption hereof and all exhibits attached hereto are
incorporated herein and made a specific part of this resolution.
Section 2: The City Commission hereby awards RFP No. 14-18R to
and approves an Agreement between the City of Tamarac and Elert &
Associates ("the Agreement") in the amount of $78,280 and authorizes the
appropriate City Officials to execute the Agreement, attached hereto and
incorporated herein as "Exhibit 2", for the development of a Security Master Plan.
Section 3: The appropriate City Officials are hereby authorized to
expend an amount not to exceed $78,280 for said purpose.
Section 4: The City Manager or Designee is hereby authorized to issue
Change Order in amount not to exceed established threshold per Section 6-147
of the City Code.
Section 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the event of such conflict.
Temp. Reso. 12640
May 5, 2015
Page 4 of 4
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.
Section 7: This Resolution shall become effective immediately upon its
passage and adoption.
7
PASSED, ADOPTED AND APPROVED this day of )2015.
HARRY DRESSLER
MAYOR
ATTEST:
PATRICIA TEUFE CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST2- COMM. GOMEZ = - --_-
DIST 3: COMM. GLASSER=:.£
DIST 4: COMM. PLACKO
1 HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
� d -
-f.-
',-SAMUEL S. GOREN
it CITY ATTORNEY
PURCHASING AND
CONTRACTS DIVISION
Date: February 27, 2015
fr j°IEk
e
TAMARAC
The City For Your U e
REQUEST FOR PROPOSALS
RFP 14-18R
ALL QUALIFIED PROPOSERS:
RFP NO. 14-18R
Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City of
Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th
Avenue, Tamarac, Florida 33321-2401 until 2:00 PM local time, March 31, 2015.
DEVELOPMENT OF SECURITY MASTER PLAN
PHASE II — TECHNICAL AND PRICING PROPOSAL
The City is soliciting proposals on behalf of the Information Technology Department to
obtain the services of a qualified firm to develop a comprehensive city-wide master plan
report providing for a scalable design and phased implementation of upgrades and
improvements to the City's Security and Surveillance Systems. Only firms pre -qualified
during the Phase I Request for Qualifications, who have demonstrated a seasoned
level of expertise in the development of such designs and plans for other entities are
eligible to respond to this Phase II Technical and Pricing Proposal.
Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail
or hand delivery, on or before the date and time referenced above. Any Proposals received
after 2:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty
regarding the time a Proposal is received will be resolved against the Proposer. Official time
will be measured by the time stamp in the Purchasing Office.
City reserves the right to reject any or all Proposals, to waive any informalities or
irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or
in part to one or more Proposers, or take any other such actions that may be deemed to be
in the best interests of the City.
Proposal documents may be obtained from the Purchasing Office or via the Internet at
http://www.tamarac.orq. For inquiries, contact the Purchasing Office at (954) 597-3570.
Keith K. Glatz
Purchasing & Contracts Manager
eye\ a \ f`c \ f 222 •f g\ y� £� 's ...�
;\ Rz i i.i 10
.�•,;�`�2\'�,zCik������s�•„ ,)' ,..',. ,.... ,.. ::'. :. � :: :.� :; -..... _: \ iKz���ia z ar aV��\�,a a\rr
� ,,,,2 z \ .2
�.. ... �...: . e\,-.,..... , ,:: -. i?.. >k ..,: ga. �°a 2, ��,xza z ..:,.,k.. •::: \ z _ ,
\, . a ........ . z ..;�,,. ...,, a,......,.,.�..,. ...,., ..\ fin.. \ ...... .... ... ...... .• ,,., ,,.,...., -..a�. ..\ S, ,�, ..,£,. , %., \
\: ., a:.... z ... \.a .,, :,.\:v ,a �.. .2 ..\, v,,. 2 ... _. -. ....... t.•M \ ;i \,\ .aziZa ..L\ ,,\ \., ;z ^,
{00061534.1 2704-0501640 ,7525 N.W. 88th Avenue I Tamarac, Florida 33321-2491 R 954.597. 570 1 F 954.597.3565
EQUAL OPPORTUNITY EMPl DYER
REQUEST FOR PROPOSALS
RFP 14-18R
DEVELOPMENT OF SECURITY MASTER PLAN
PHASE II — TECHNICAL AND PRICING PROPOSAL
Definition: A Request for Proposal (RFP) is a method of procurement permitting
discussions with responsible Proposers and revisions to proposals prior to award of a
contract. Proposals will be opened in private. Award will be based on the criteria set forth
herein.
Phase II is a Request for a Technical and Pricing Proposal. Only firms who were pre -
qualified during Phase I of this process, "Request for Qualifications" are eligible to
respond in this Phase of the Proposal process.
I. INTRODUCTION
The City is soliciting proposals on behalf of the Tamarac Information Technology
Department to obtain the services of a qualified firm with proven experience evaluating,
designing, writing and implementing strategies related to a Security Master Plan for City
facilities. During Phase I of this proposal process, the City identified and pre -qualified a
small number of firms who the City has judged to be fully capable of providing the
services required for this project including preparation of a Comprehensive Report to
serve as the guiding document for phased implementation/upgrade of the City's
Security and Surveillance Systems. During Phase II those firms who were pre -qualified
during Phase I will be requested to provide Pricing and a Technical Work Plan designed
to develop the Comprehensive Security Master Plan for the City.
II. INFORMATION
For information pertaining to this Request for Proposals (RFP), contact Purchasing at
(954) 597-3567. Technical questions may be answered by Information Services Director
Mr. Levent Sucuoglu, at (954) 597-3900; however, such contact shall be for clarification
purposes only, and shall be allowed only upon the approval of the Purchasing and
Contracts Manager. Material changes, if any, to the scope of services or proposal
procedures will be transmitted only by written addendum.
It is preferred that all questions be submitted in writing, either via fax or email. Fax
questions to (954) 597-3565 or email to keith.glatz@tamarac.orq or
purchasing(a)tamarac.orq.
III. SCHEDULE OF EVENTS
The schedule of events for Phase II of this Request for Proposals shall be as follows:
Issuance of Phase II Proposal
February 27, 2015
Deadline for Written Questions
March 10, 2015
Deadline for Receipt of Proposals
March 31, 2015
Evaluation of Proposals
April 1 — April 15, 2015
Oral Presentations (If Necessary)
April 7, 2015
Commission Approval
May 27, 2015
All dates are tentative. City reserves the right to change scheduled dates.
Ci'lv of Tc--�vrta)rac
. ..... C-Ind
Conditions apply to all offers made to the City of
IV. INSTRUCTIONS TO PROPOSERS
Tamarac by all prospective Proposers, including
but not limited to, Requests for Quotes,
RFP 14-18R
Requests for Proposal and Requests for Bid. As
such the words "bid", "proposal" and "offer" are
Our Vision and Mission
used interchangeably in reference to all offers
submitted by prospective Proposers. The City of
Our Vision.- The City of Tamarac, our community of
Tamarac reserves the right to reject any or all
choice -- leading the nation in quality of life through
proposals, to waive any informalities or
safe neighborhoods, a vibrant economy, exceptional
irregularities in any proposals received, to re -
customer service and recognized excellence,
advertise for proposals, to enter into contract
negotiations with the selected Proposer or take
Our Mission.- We Are "Committed to Excellence. . .
any other actions that may be deemed to be in
Always" It is our Job to foster and create an
the best interest of the City of Tamarac. Any and
environment that
all special conditions in this RFP or any sample
agreement document that may be in variance or
Responds to the Customer
conflict with these General Terms and
Creates and Innovates
Conditions shall have precedence over these
Works as a Team
General Terms and Conditions. If no changes or
Achieves Results, and
deletions to General Conditions are made in the
Makes a Difference
Special Conditions, then the General Terms and
Conditions shall prevail in their entirety.
In the fulfillment of our Vision and mission, as
2. DEFINED TERMS
stewards of the public trust, we value vision, integrity,
efficiency and quality service,
Terms used in these Instructions to Proposers
Our vendors are truly partners In meeting these
are defined as follows:
commitments to the community, and in support of that
2.1 "Offerors' - one who submits a
vision sion and mission, we are committed to ensuring that
Proposal in response to a solicitation,
qualified, competitive vendors who share our
commitment to quality, efficiency, teamwork and
as distinct from a Sub -Offeror, who
customer service are employed to provide goods and
submits a Proposal to the Offeror.
services to the City. Our vendors are expected to
2.2 "Proposer" — one who submits a
deliver high quality products and efficient service that
I . s provided on time and as ordered; In a manner that
Proposal in response to a solicitation.
Improves the overall value of the services that the City
The terms "Offeror" and "Proposer"
provides to its residents. In addition, we expect our
are used interchangeably and have
vendors to work with the Cityas a team, and exhibit
the same meaning.
the highest level of integrity when dealing with any
office or department of the City.
2.3 "City" the City of Tamarac, a
municipal corporation of the State of
Diligence in the execution of the requirements of this
Florida.
proposal Will ultimately contribute to the overall quality
of services provided to the entire community. The
2.4 "Proposal Documents" - the
City is searching for a firm who will exemplify these
Request for Proposals, Instructions
ideals deals In the execution of their work, and the
to Proposers, Proposer's
successful firm will be measured against the
Qualifications Statement, Non-
performance standards outlined in this bid invitation.
Collusive Affidavit, Certified
1 AUTHORITY AND GENERAL TERMS AND
Resolution, Vendor Drug -Free
CONDITIONS
Workplace, Proposer's Proposal,
Proposal Security and Specifications,
1.1 This proposal is issued pursuant to,
if any, and the proposed Contract
and governed by the laws of the
Documents (including all Addenda
State of Florida, Article VII "Financial
issued prior to opening of Proposals).
Procedures", Section 7.11,
"Requirements for Public Bidding, of
3. SUMMARY OF DOCUMENTS TO BE
the City of Tamarac Charter, and
SUBMITTED WITH PROPOSALS
Chapter 6 "Finance and Taxation",The
following is a summary of documents
10
Article V, the Tamarac Procurement
Code.
required to be submitted for this proposal.
Failure to include a technical proposal, cost
1.2 These General Terms and
proposal, bid surety (if required below), or
r e r
p yr,
1 „ ;F r � X x A f E' L 4�1. 4.f ':. LF
.,.....x,.xxxi,..,.....r,,......,,.�,.tim..,..,v.,..:-..a..v...w..x.,xx... x.,-..xn..... - xvv...v.-^'" ---.........v....---...............................».,...,.»,..,...v......x..,xx.v..+»,.xvx..,xmx.. .x...v. .�.,+-n+...x..x...a-. y,..,...«..-.,x w-.,r.»x,v.�v.....-..v............v.......,.....-..vv..v ------,.-...v..v..-,,,,,,........�.v.v...v...v...v...vv�.v-.�.vv...vv..v..-..n-...mv.9.v...v....v..mv-.+......mx�x..x.�...�-..:�..mnv..v-.rr.�xv,....,,...,.,+.+..,,,x„x,.x„x..w.�.xx ....++ xxx
any other document that, by its omission, 4.4 Proposals shall contain an
may prejudice the rights of other acknowledgment of receipt of all
respondents, may result in immediate
addenda.
rejection of your proposal. Other forms or
documents which, by their nature do not 4.5 Proposals by corporations must be
impact price or the Proposer's cost of doing executed in the corporation's legal
business should accompany the Proposal, name by the President or other
but must be provided within three (3)
business days of the City's request to be corporate officer, accompanied by
considered responsive. evidence of authority to sign.
3.1 Work / Technical Plan, which defines Evidence of authority shall be
the Proposer's solution to the City's provided on the enclosed Certified
requirements. Resolution form, or by the company's
own Corporate Resolution.
3.2
A Pricing Proposal and estimated
number of hours required to
complete the project per the City's
Scope of Work.
3.3
A proposed schedule of Milestone
Events to be performed during the
execution of project work.
3.4
Updated Current Workload and
Availability information.
3.5
Certification Form
3.6
Certified Resolution Form (or firm's
own Corporate Resolution)
3.7
Vendor Drug Free Workplace Form
3.8
Non -Collusive Affidavit Form
3.9
Proof of applicable insurance.
3.10
Listing of any Sub -consultants or
Subcontractors that may be utilized.
3.11
If requested, provide the most
recently completed audited financial
statement, or other approved
documentation to verify financial
viability.
4. SUBMISSION OF PROPOSALS
4.1 Proposals must be typed or printed in
ink. Use of erasable ink is not
permitted. All corrections to prices
made by the Proposer should be
initialed.
4.2 All proposals shall be submitted in
the English language, and pricing
expressed in U.S. Dollars.
4.3 Proposals must contain a manual
signature of a corporate officer or
designee with the proven authority to
bind the firm in matters of this nature.
The address and telephone number
for any communications regarding
the Proposal must be included.
4.6 Proposals by partnerships must be
executed in the partnership name
and signed by a partner, whose title
must appear under the signature.
4.7 Proposals shall be submitted to the
Purchasing Office on or before the
time indicated in the Request for
Proposals. Proposals shall be
submitted in a sealed envelope
(faxed proposals will not be accepted
under any circumstances). The
envelope should be clearly marked
on the exterior with the applicable
solicitation name and number. The
envelope should state the name and
address of the Proposer and should
be include all documents as specified
in the Request for Proposals.
Purchasing and Contracts Division
staff is not responsible for the
premature opening of a Proposal that
is not properly addressed and
identified.
4.8 In accordance with Florida
Statutes, Chapter §119.07(1)(a) and
except as may be provided by other
applicable state and federal law, the
Request for Proposals and the
responses thereto are in the public
domain. However, Proposers are
requested to specifically identify in
the submitted Proposal any financial
information considered confidential
and/or proprietary which may be
considered exempt under Florida
Statute §119.07(t). Additionally, To
the extent that the Florida Public
Records laws, as well as any
applicable exemptions, apply, this
project shall be subject to such
laws. This project shall also be
subject to § 119.071(3), Florida
Statutes, and any information
0
0
0
tv of T -I r -,Daa aC
C(,
shared with any proposer pursuant
Evidence of such authority must
to this RFP which is subject to
accompany the request for
exemptions afforded under
withdrawal or modification. The
§119.071(3) shall maintain such
exemption and confidentiality
request must be delivered to the
afforded pursuant to
Purchasing Office at any time prior
§119.071(3)(b)(4), Florida Statutes
to the deadline for submitting
The proposer shall be responsible
Proposals. Withdrawal of a Proposal
at their sole cost and expense for
will not prejudice the rights of a
ensuring and maintaining such
Proposer to submit a new Proposal
exemption and confidentiality.
prior to the Proposal opening date
4.9
All Proposals received from
and time. No Proposal may be
Proposers in response to the
withdrawn or modified after the date
Request for Proposals will become
of proposal opening has passed.
the property of City and will not be
5.2 if, within twenty-four (24) hours after
returned. In the event of Contract
award, all documentation produced
Proposals are opened, any Proposer
as part of the Contract shall become
files a duly signed, written notice with
the Purchasing Office, and within five
the exclusive property of City.
(5) calendar days thereafter
4.10
The Proposer preparing a submittal
demonstrates to the reasonable
in response to this RFP shall bear
satisfaction of City, by clear and
all expenses associated with its
convincing evidence, that there was
preparation. The Proposer shall
a material and substantial mistake in
prepare a submittal with the
the preparation of its Proposal, or
understanding that no claim for
that the mistake is clearly evident on
reimbursement shall be submitted
the face of the Proposal, but the
to the City for the expense of
intended correct Proposal is not
proposal preparation and/or
similarly evident, Proposer may
presentation.
withdraw its Proposal and any bid
security will be returned. Thereafter,
4.11
Electronic Media Submission: The
the Proposer will be disqualified from
City may require that machine
further bidding on the subject
readable information and data,
including computer assisted drafting
Contract.
designs (AutoCAD files) be provided
6. REJECTION OF PROPOSALS
by the proposing firm as a part of its
submittal. The proposing firm shall
6.1 To the extent permitted by applicable
not be liable for claims or losses
state and federal laws and
arising out of, or connected with,
regulations, City reserves the right to
reject any and all Proposals, to waive
modification by the City, or anyone
any and all informalities not involving
authorized by the City, decline of
price, time or changes in the work
accuracy or readability of data due to
with the Successful Proposer, and to
storage or obsolescence of
disregard all nonconforming, non -
equipment or software, any use by
responsive, unbalanced or
the City or anyone authorized by the
City, of such data for additions to
conditional Proposals. Proposals will
be considered irregular and may be
projects except as authorized in
rejected if they show serious
writing by the proposing firm.
omissions, alterations in form,
5. MODIFICATION AND WITHDRAWAL OF
additions not called for, conditions or
PROPOSALS
unauthorized alterations, or
irregularities of any kind.
5.1
Proposals may be modified or
withdrawn by a duly executed
6.2 City reserves the right to reject the
document signed by a corporate
Proposal of any Proposer if City
officer or other employee with
believes that it would not be in its best
designated signature authority.
interest of to make an award to that
Proposer, whether because the
ty
CV U
otherwise objectionable. Proposer
Proposal is not responsive, the
shall be responsible to the City for
Proposer is unqualified, of doubtful
the acts and omissions of all
financial ability, or falls to meet any
employees working under Its
other pertinent criteria established by
directions.
City within the scope of the solicitation.
8. INSURANCE
7. QUALIFICATIONS
OF PROPOSERS
8.1 Proposer shall provide proof that
7.1
Proposals will be considered only
Proposer carries all necessary
from firms who have demonstrated
insurance in such form and amount
during the Phase I portion of this
as required by this proposal or by
proposal process adequate
the City's Risk Manager. Proposer
experience, organization, facilities,
shall maintain such insurance in full
equipment and personnel to ensure
force and effect during the life of
prompt and efficient service to the
any Agreement awarded as a result
City of Tamarac.
of this solicitation process.
7.2
As a part of the evaluation process,
Proposer shall provide to the City
the City may conduct a background
proof of compliance with the
insurance requirements as a part of
investigation including a criminal
their response to this solicitation.
record check of Proposer's officers
and/or employees, by the Broward
8.2 The following are required types
County Sheriffs Office. Proposer's
and minimum limits of insurance
submission of a proposal
coverage, which the City requires
constitutes acknowledgement of
from any Proposer performing work
and consent to such investigation.
on behalf of the City*
City shall be the sole judge in
determining Proposer's
Line of Occurrence Aggregate
qualifications.
Business/
7.3
No proposal shall be accepted from,
Coverage
Commercial $11000,000 $1,0005000
nor will any contract be awarded to,
General
any person who is in arrears to City
Liability
for any debt or contract, who is a
defaulter, as surety or otherwise, of
Including*
any obligation to City, or who is
Premises/Operations
deemed irresponsible for unreliable
Contractual Liability
Personal Injury
by City. City will be the sole judge of
Explosion, Collapse, Underground Hazard
said determination.
7.4
The City reserves the right, before
Products/Completed Operations
Broad Form Property Damage
recommending any award) to inspect
Cross Liability and Severability of Interest
the facilities, equipment and
Clause
organization or to take any other
action necessary to determine ability
Automobile $1,000,000 $1,0007000
to perform in accordance with the
Liability
specifications, terms and conditions.
Workers' Statutory
Compensation
7.5
Employees of the Proposer shall at
& Employer's
all times be under its sole direction
Liability
and not an employee or agent of
8.3 The Proposer shall provide
the City. The Proposer shall supply
professional services under this
competent and physically capable
Agreement, the Proposer must
employees. The City may require
provide the City with evidence of
the Proposer to remove an
Professional Liability insurance
with, at a minimum, a limit of
employee it deems careless,
$1,000,000 per occurrence and in
incompetent, insubordinate or
the aggregate. "Claims -Made"
forms are acceptable only for
(including economic losses), coats
--
Professional Uobi|ity
arising out of any ootuo| ora|�ged-
a>. Bodily
Injury, eiokneao. disease��
The City reserves the right tonrd��.
or Injury to or destruction
require higher limits depending
of tangible property includingthethe
scope of work under this
loss of use resulting therefrom, or
Agreement.any
other damage or |000 eMa|ng
8.5
Neither Proposer nor any suu_
out or or resu|ting, or claimed to
Proposer ahoo commence work
have resulted in whole or in port
under any contract subsequent to
from any actual or alleged act or
this solicitation process until they
omission or the Consu/tont, any
have obtained on insurance
nub-Conau|tant, anyone directly or
required under this section and
indirectly employed byany ofthem,
have supplied the City with
or anyone for whose acts any of
evidenoof ouo� coverage n ���
iiin the
form of an insurance certificate and
performance of the Work, or b)
endorsement. The proposer will
violation of law, stotute, ordinance,
ensure that all Sub -Proposers will
governmental administration nnxer,
comply with the above guidelines
ru|e, regu|ation, or infringement of
and will maintain the necessary
patent rights by Consultant in the
coverages throughout the term of
performance of the Work; or o)
this Agreement.
liens, claims oractions made uythe
Consultant or any sub -consultant
8.8
All insurance oer�eneoheo be ratedund�r
workers compensation acts -,et
|eaatA_v|| perBe�'a may Rating
disability benefit acts, other
Guide and shall be licensed to do
employee benefit acts or any
business in Florida. po||oiee shall
�atutoryber�Anyooa ofaxpenaos.
be^Dcournanoo^form. Each carrier
including attomey'n neea, incurred
will give the City sixty (80) days
by the City to enforce this
notice prior tocancellation.
agreement ahen be borne by the
8.7
The Proposers liability insurance
Consultant.
policies ahon be endorsed to add
the o`tv or Tamarac as an
9.2 upon completion of on Services,
~ additional insured^ Thepropomer'o
obligations and duties provided for
Workers' Compensation carrier will
inany Agreement issued aaoresult
Waiver a �iver of Subrogation to
of this solicitation prooeao, or in the
the City.
event of termination or any such
Agreement for any reason, the
8.8
The Proposer aho|| be responsible
terms and conditions ofthis Article
for the payment of all deductibles
shall survive indefinitely.
and self -insured retentions. The
City may require that the Proposer
9.3 The Consultant shall pay on cloims,
purchase o bond to cover the full
|oaoea, neno, settlements or
amount of the deductible or self -
judgments of any nature whatsoever
insured retention
in connection with the foregoing
eQ
The Successful Proposer agrees to
indemnifications including, but not
perform the work under any
limited to, reasonable ottorney'ofees
Contract issued, as independent
'
(including appellate ottnmey'a fees)
oontneotor, and not as a
subcontractor, agent or employee
and costs.
of City.
9.4 City reserves the right to select its
a. |eosMm/nCAr|Om
own legal counsel to conduct any
8.1
defense inany such proceeding and
Consultant shall, in addition to any
all costs and fees associated
other obligation to indemnify ttherewith
therewith oho|| be the responsibility of
City and to the fullest extent
Consultant under the indemnification
permitted by |ovv, pmteot, dofend,
agreement. Nothing contained
indemnify and hold honn|eaa the
herein is intended nor shall it be
City, their egan�. elected o�o�� construed to waive —` rights and
and emp�yeoofrom and against all
immunities under the common law or
claims, actions, liabilities, losses
7
Florida Statute 768.28 as amended
from time to time.
10. CLARIFICATION & ADDENDA
Where there appears to be variances or
conflicts between the General Terms and
Conditions and the Statement of Work
outlined in this proposal, the Statement of
Work shall prevail.
The Proposer shall examine all proposal
documents and shall judge all matters
relating to the adequacy and accuracy of
such documents. If, upon review, any
material errors in specifications are found,
the Proposer shall contact the Purchasing
Office immediately. Any inquires,
suggestions, requests concerning
clarification, or requests for additional
information shall be submitted in writing to
the Purchasing and Contracts Manager.
The City of Tamarac reserves the right to
amend this proposal prior to the Proposal
due date indicated by written addenda.
Written addenda shall serve as the sole
means of clarification. The City shall not be
responsible for oral interpretations given by
any City employee or its representative.
**** SPECIAL NOTE -- Addendums
will only be issued electronically through
the City's web -site. Vendors will be
notified of the availability of new
solicitations and addendums via e-mail or
text message (per the vendor's choice). It
is essential that all vendors receiving a
bid or proposal either download the
document from the City's web -site, or
register as a plan holder. All bidders /
proposers must visit
http://www.tamarac.org/bids.aspx, and
select the "NOTIFY ME" icon. This action
will take the bidder/proposer to the
"Notify Me" page. Once on the "Notify
Me" page, enter the appropriate e-mail
address to which notifications of
solicitations and addendums should be
sent. Bidders and proposers may also
request notification by text message at
this time. Upon completion of this
process, a confirming e-mail will be sent
to the individual who registered. You
must click on the link provided to confirm
registration for solicitation documents
and addendums. Regardless of the
means of transmission of an Addendum it
is the responsibility of the bidder or
proposer to insure that they have
received all addendums issued for a
solicitation prior to submitting a
response.****
11. OTHER GOVERNMENTAL ENTITIES
c a 4n
If a Proposer is awarded a contract as a
result of this RFP, Proposer will, if Proposer
has sufficient capacity or quantities
available, provide to other governmental
agencies, so requesting, the products or
services awarded in accordance with the
terms and conditions of the Invitation for Bid
and resulting contract. Prices shall be
F.O.B. Destination to the requesting agency.
12. UNBALANCED PROPOSAL PRICING
When a unit price proposed has variable or
estimated quantities, and the proposal
shows evidence of unbalanced proposal
pricing, such proposal may be rejected.
13. INFORMATION REQUESTS AFTER DUE
DATE Pursuant to §119.071(1), Florida
Statutes, sealed bids or proposals received
by an agency pursuant to invitations to bid or
requests for proposals are exempt from
§119.07, Florida Statutes, and s. 24(a), Art,
of the State Constitution until such time as
the agency provides notice of a decision or
intended decision pursuant to §119.071(1)
(b) (2), Florida Statutes, or within 30 days
after bid/proposal opening, whichever is
earlier. Nevertheless, the public records
exemptions and confidentiality delineated in
§119.071(3), Florida Statutes, will apply to all
records, including deliverables containing
such confidential and exempt information, as
well as information obtained in advance by
pre -qualified proposers.
14. OWNERSHIP OF PRELIMINARY AND
FINAL RECORDS
All preliminary and final documentation and
records shall become and remain the sole
property of the City. The awarded firm shall
maintain original documents thereof for its
records and for its future professional
endeavors and provide reproducible copies
to the City. In the event of termination of the
agreement the proposing firm shall cease
work and deliver to the City all documents
(including reports and all other data and
material prepared or obtained by the
awarded firm in connection with the project),
including all documents bearing the
professional seal of the firm. The City shall,
upon delivery of the aforesaid documents,
pay the firm and the firm shall accept as full
payment for its services thereunder, a sum
of money equal to the percentage of the
work done by the firm and accepted as
satisfactory to the City.
15. BUDGETARY CONSTRAINTS
In the event the City is required to reduce
contract costs due to budgetary constraints,
all services specified in this document may
0
0
r
v Ec✓ t .z rM f
.n....r.rw..+.......+ww................w..w......,..«.,«.«...........»......,....................w..........-«-i.-n............r-»»w....v.r........».........m.»m....».».__r...........«ww......=....v........=....Y...-........«.v..i..w.n.. x-.
y
A.... 4" k it,.t .... ..' Gd : ➢ S.n k„:' i./ i..+' + S.wj { \.
m. w..«.,.w....._.........m.......:...r.....-........»....»..++...r.r..+..n..................+..m..+....�.m«+Yn.wn...."5,:.......-..»..»»..w...............»m.»v...n-.mr,w«+.»n.+.....w......«..°»-....-.....-._..........mmw.....w...n......«_w....
be subject to a permanent or temporary
for cancellation of the proposal award. The
reduction in budget. In such an event, the
City may, by written notice to the Proposal,
total cost for the affected service shall be
terminate the contract for failure to perform.
reduced as required. The Contractor shall
The date of termination shall be stated in the
also be provided with a minimum 30-day
notice. The City shall be the sole judge of
notice prior to any such reduction in budget.
nonperformance.
16. CONTINGENT FEES PROHIBITED
20• TERMINATION FOR CAUSE AND DEFAULT
The proposing firm must warrant that it has
In addition to all other remedies available to
not employed or retained a company or
the City, this Agreement shall be subject to
person, other than a bona fide employee,
cancellation by the City for cause, should the
contractor or subcontractor, working in its
Successful Offeror neglect or fail to perform
employ, to solicit or secure a contract with
or observe any of the terms, provisions,
the City, and that it has not paid or agreed to
conditions, or requirements herein
pay any person, company, corporation,
contained, if such neglect or failure shall
individual or firm other than a bona fide
continue for a period of thirty (30) days after
employee, contractor or sub -consultant,
receipt by of written notice of such neglect or
working in its employ, any fee, commission,
failure.
percentage, gift or other consideration
21. TERMINATION FOR CONVENIENCE OF
contingent upon or resulting from the award
or making of a contract with the City.
CITY
17. PROHIBITION AGAINST LOBBYING
This Agreement may be terminated by the
City for convenience, upon seven (7) days of
During the solicitation of any bid or proposal,
written notice by the City to the Successful
any firm and its agents, officers or
Offeror for such termination in which event
employees who intend to submit, or who
the Successful Offeror shall be paid its
have submitted, bids or proposals shall not
compensation for services performed to
lobby, either individually or collectively, any
termination date, including services
City Commission members, candidates for
reasonably related to termination. In the
event that the Successful Offeror abandons
City Commission or any employee of the
City. Contact should only be made through
this Agreement or causes it to be terminated,
regularly scheduled Commission meetings,
the Successful Offeror shall indemnify the
or meetings scheduled through the
city against loss pertaining to this
Purchasing and Contracts Division for
termination.
purposes of obtaining additional or clarifying
22. FUNDING OUT
information. Any action, including meals,
invitations, gifts or gratuities by a submitting
This agreement shall remain in full force and
firm, its officers, agents, or employees shall
effect only as long as the expenditures
be within the purview of this prohibition and
provided for in the Agreement have been
shall result in the immediate disqualification
appropriated by the City Commission of the
of that firm from further consideration.
City of Tamarac in the annual budget for
During a formal solicitation process, contact
each fiscal year of this Agreement, and is
with personnel of the City of Tamarac other
subject to termination based on lack of
than the Purchasing and Contracts Manager
funding.
or designated representative regarding any
such solicitation may be grounds for
23. RECORDS 1 AUDITS
elimination from the selection process.
(Reference: Tamarac Procurement Code
23.1 The City of Tamarac is a public
Section 6-156.)
agency subject to Chapter 119,
Florida Statutes. The Contractor
18. TAXES
shall comply with Florida's Public
Records Law. Specifically, the
Successful Offeror shall pay all applicable
Contractor shall:
sales, consumer use and other similar taxes
required by law.
23.1.1 Keep and
maintain public records
19. PERFORMANCE
that ordinarily and
Failure on the part of the Offeror to comply
necessarily would be
required by the City in
with the conditions, terms, specifications and
requirements of the bid shall be just cause
order to perform the
r
service;
N
§... r,... a .. ...
i
normal business hours and in
Broward, Dade or Palm Beach
23.1.2 Provide the public
Counties, all books of account,
with access to such public
reports and records relating to this
records on the same terms
and conditions that the
contract.
City would provide the
23.4 In the event that the release
records and at a cost that
of project records to third parties
does not exceed that
provided in chapter 119,
would result in the unauthorized
Fla. Stat., or as otherwise
disclosure of confidential information
provided by law;
or information that is otherwise
exempted from Florida's public
23.1.3 Ensure that
records requirements as provided
public records that are
under §119.071 (3), Florida Statutes,
exempt or that are
such records shall remain
confidential and exempt
from public record
confidential and exempted from the
requirements are not
requirements of this section. Any
disclosed except as
records that are provided, however,
authorized by law, and
shall retain such exempt status
pursuant to §119.071(3)(b)4, Florida
23.1.4 Meet all
Statutes, and maintenance of such
requirements for retaining
exemption shall be at the sole cost
public records and transfer
to the City, at no cost, all
and expense of the parties to whom
public records in
the information is provided by the
possession of the
City.
contractor upon
termination of the contract
24. ASSIGNMENT
and destroy any duplicate
24.1 Successful Offeror shall not assign,
public records that are
transfer or subject the Contract or its
exempt or confidential and
exempt. All records stored
rights, title, interests or obligations
electronically must be
therein without City's prior written
provided to the City in a
approval.
format that is compatible
with the information
24.2 Violation of the terms of this
technology systems of the
paragraph shall constitute a breach
agency.
of the Contract by Successful
Offeror and City may, at its
23.2 The failure of Contractor to
discretion, cancel the Contract. All
comply with the provisions set forth
rights, title, interest and obligations
in this Article shall constitute a
of Successful Offeror shall
Default and Breach of this
Agreement and the City shall
thereupon cease and terminate.
enforce any available contract
25. NON-DISCRIMINATION AND EQUAL
remedies in force including
termination of the Agreement.
OPPORTUNITY EMPLOYMENT
23.3 During the term of the
During the performance of the Contract, the
contract, the Contractor shall
Contractor and its subcontractors shall not
discriminate against any employee or
maintain all books, reports and
applicant for employment because of race,
records in accordance with generally
color, sex including pregnancy, religion, age,
accepted accounting practices and
national origin, marital status, political
standards for records directly related
affiliation, familial status, sexual orientation,
to this contract. The form of all
gender identity and expression, or disability if
records and reports shall be subject
qualified. The Contractor will take affirmative
action to ensure that employees and those of
to the approval of the City's Auditor.
its subcontractors are treated during
The Contractor agrees to make
employment, without regard to their race,
available to the City's Auditor, during
color, sex including pregnancy, religion, age,
41
7
and"
national ohgn, marital atatus, political
solicitation, o Form Agreement document
--
affinamon, familial otatuo, sexual ooentauon.
Proposers shall be responsible fo r
gender identity or expression, or disability if
complying with all of the terms and
qualified. Such actions must include, but not
conditions of the Form Agreement document
be limited to, the following- employment,
if included herein, except where variant or
promotion, demotion or transfer, recruitment
conflicting language may be included in any
orn���e��i�.|���
��|Conditions contained herein.
term/nation; rates of pay or other forms of
Proposers shall note any deviation or
compensation; and selection for training,
variance with the Form Agreement
including apprenticeship. The Contractor
document sdthe time ofbid submission.
and its subcontractors shall agree to post in
conspicuous p|ooes, available to its
m� INDEPENDENT CONTRACTOR
employees and applicants for emp|oyment,
notices to be provided by the contracting
AnAgreement resulting from this solicitation
officer setting forth the provisions of this
does not create an employee/employer
nondiscrimination o|euae The Contractor
relationship between the Parties. It is the
further agrees that he/she will ensure that all
intent ofthe Parties that the Contractor iaan
mubcontnaotnna, if any, will be made aware of
independent contractor under this
and will comply with this nondiscrimination
clause.
Agreement and not the City'a employee for
any purpoaea, including but not limited to.
oa. EMPLOYEES
the application of the Fair Labor Standards
26.1 Employees of the successful
Act minimum wage and overtime payments,
Contractor aoon at an times be
Federal Insurance Contribution Act, the
under its sole direction and not an
Social Security Act, the Federal
employee oragent ofthe City. The
Unemployment Tax Act, the provisions of the
Contractor shall supply competent
Internal Revenue Codethe State Worker'sandphysioo||voopau|eemp|oyoes. '
The City may require the
Compensation Aot, and the State
Contractor toremove onemployee
it deems oana|eso. inoompetent.
Unemployment Insurance |ovv. The
Contractor shall retain oo|a and absolute
insubordinate or otherwise
discretion inthe judgment oYthe manner and
objectionable. Bidder shall be
means of carrying out Contractor's activities
responsible to the City for the acts
and omissions of all employees
and responsibilities hereunder pmvided,
working under its directions.
further that administrative procedures
applicable to services rendered under any
202 The
potential Agreement shall be those of
employment ofunauthorized aliens
Contnsctor, which policies or Contractor aoa||
uyany Contractor im considered e
not conflict with City. State, or United States
violation of Section 274A (e) of the
policies, rules or regulations relating to the
Immigration and Nationality Act. |�
the Contractor knowingly employs
um� of Contractor's funds provided for
unauthorized aliens, such violation
herein. The Contractor agrees that it is o
shall because for unilateral
separate and independent enterprise from
cancellation ofany contract
the City, that it had full opportunity to find
resulting from this RFp This
other uusineso, that it has made its own
applies toany sub -contractors used
investment in its business, and that it will
bythe Contractor eewell
utilize o high level or axm necessary to
27. TAXES
perform the work. Any potential Agreement
The City of Tamarac is exempt from all
shall not beconstrued as creating any joint
Federal, State, and Local taxes. An
employment relationship between the
exemption certificate will be provided where
Contractor and the City and the City will not
applicable upon request.
be liable for any obligation incurred by
oV. GOVERNING LAW:
Contnyctor, including but not limited to
The laws ofthe State ofFlorida shall govern
unpaid minimum wages and/or overtime
this xgreemant Venue ahe|/ be Broword
premiums.
County, Florida.
28. FORM AGREEMENT DOCUMENT
The City may attach as a port or this
'Ea✓:i b' �k..r{� r"y Y#.. e�, ��x �.,i ^�'�s t ... ,.. s L w n, o,. a „'�, » � �.�,ir�w. ..,� .w�'�, .".. a� ,...,�. ? ' E ..." rlt
V. STATEMENT OF WORK
A. Background -- City of Tamarac:
The City of Tamarac, incorporated in 1963 (pop. 61,102), covers approximately
twelve (12) square miles and is located in central Broward County. The
municipal limits stretch east to west from just west of Powerline Road near 1-95,
to the Sawgrass Expressway, and generally north to south from Southgate
Boulevard to Commercial Boulevard. With convenient access to the Florida
Turnpike, Sawgrass Expressway, and other major thoroughfares as Commercial
Boulevard and University Drive, Tamarac has evolved from a retirement
community into a place thriving with diversified economic, residential, and
recreational activities and opportunities. Tamarac and Challenger Elementary
Schools, and Millenium Middle School, all located in Tamarac, provide area
children with educational opportunities. The Tamarac Community Center, the
Broward County Tamarac Branch Library, and several parks provide additional
recreational, cultural and educational opportunities for Tamarac citizens. The
City of Tamarac has been nationally recognized for the quality of water that is
generated by the City's Water Utility Plant. The City currently owns, or will soon
own twenty-one facilities and parks within the City limits.
B. Project Objectives. Purpose and Process:
1. The goal of this project is to develop and prepare a Comprehensive
Report to serve as the guiding document for phased
implementation/upgrade of the City's Security and Surveillance Systems.
2. Phase I: The purpose of Phase I of this proposal was to identify those
firms who are fully capable of providing a high quality design and master
plan for the City's Security and Surveillance Systems. The City has
successfully completed this Phase of the proposal process.
3. Phase II: This Phase 11 solicitation is issued to ONLY those firms pre -
qualified through the Phase I process to provide pricing and a technical
work plan for this project. The City will provide pre -qualified firms with
some limited access to City records, facilities and plans to allow the firm to
provide an accurate price for the project. No access to facilities, records
or plans will be made available during Phase I in order to protect the
integrity of the security plans currently in place for City facilities.
Accordingly, the City will now provide Phase I pre -qualified firms with
limited access to allow them to review appropriate and specific information
related to City facilities in order to prepare final Phase 11 proposal
responses that address actual site and environmental conditions.
4. Each Pre -qualified firm is required to execute a Confidentiality Agreement
requiring non -disclosure of secure information and existing and/or future
facility plans prior to be provided access to such information. The
information to be disclosed is exempted from public disclosure pursuant to
F.S. 119.071 (3), and pre -qualified firms must take pro -active steps to not •
. F y� ^,.a'Y,-. }}K-f �
( �'.� .�R : t...i tir C t S...Y � . . 4.> 1.✓ t' t:. .. . y,/ L...�. 4 3 i 'L..ti ;.. a ...� $ +. ♦. lr
disclose such information under any circumstances.
5. Once the proposal is awarded the successful proposer will be tasked with
preparing a Comprehensive Security and Surveillance Systems Design
Report (Report) in order to provide the City with a comprehensive security
and Surveillance program that is scalable, can be phased to allow
implementation of the systems based on priority and budgets, and employ
an open -architecture for future expansions.
C. Scope of Services
The City is looking to engage the services of a seasoned firm for the preparation
of a Comprehensive Report to serve as the guiding document for phased
implementation/upgrade of the City's Security and Surveillance Systems.
"Security and Surveillance Systems" shall encompass the following systems:
• Access Control Systems(ACS)
• Digital Video Management System (DVMS)
• IP based cameras
Vehicle based cameras
• Personal cameras
•• Public Address/Mass Notification (PA/MN) [facility -based]
• Blue Phone type call systems
The Comprehensive Security and Surveillance Systems Design Report (Report)
will be utilized to serve the City as a comprehensive security and Surveillance
program that is scalable, can be phased to allow implementation of the systems
based on priority and budgets, and employ an open -architecture for future
expansions.
Proposer's response shall include Proposer's proposed plan for the successful
completion of tasks related to preparing the Security Master Plan. The
Proposer's response shall specifically detail proposer's work plan related to
performing the following tasks as a part of work required for this project-
1 . Review existing site conditions to develop the Report outline.
2. Conduct a Vulnerability Assessment to identify threats and vulnerabilities,
assess risks, and prioritize solutions.
3. Identify high priority and secondary system initiatives.
4. Conduct site surveys of existing security and surveillance systems now in
place in conjunction with the City Staff.
•
13
,
5. Review and recommend appropriate security/surveillance measure for the
City's public transport fleet.
6. Prepare recommendations Including schematic drawings for new and
replacement surveillance systems.
7. Prepare a matrix of security apparatus to include location, position, type
and feature set.
8. Review and recommend Access Control and CCTV integration
opportunities.
9. Identify recommended infrastructure, power and IP network design
criteria.
10. Provide a Concept of operation for monitoring, assessing, and responding
to security related events.
11. Develop aCity-wide Security /Surveillance Policy in conjunction with the
City Staff.
12. Identify recommendations for phasing of stated improvements.
13. Develop a high level budget for the purchase, installation and deployment •
of equipment and services that conforms with recommendations.
14. Develop a draft implementation and deployment plan for the City of
Tamarac.
15. Participate in review meetings with the City of Tamarac and designated
stakeholders.
16. Incorporate the City's comments into the Report.
17. Submit final confidential Report to the City of Tamarac.
18. Proposer shall maintain complete confidentiality in the preparation of
confidential Reports for the City of Tamarac.
D. City Facilities
1. The following City Facilities shown below shall be included in the scope of
services for this proposal.
• Tamarac City Hall
• BSO Tamarac District Office
• Fire Station #15 •
•
Fire Station #41
•
Fire Station #78 ( Currently being designed }
•
Tamarac Community Center
•
Caporella Aquatic & Wellness Center
•
Tamarac Multi -purpose Center
•
Tamarac Recreation Center
•
Public Services Complex
•
Water Treatment Plant
•
Tamarac Park
•
Tamarac Sports Complex
•
Tamarac Commons Park
•
Tamarac Village
•
Sunset Point Park
•
Tephord Park
•
Gary B. Jones Park for People and Pups
•
Veterans Memorial Park
•
Caporella Park
•
Water's Edge Park
•
•
Mainlands Park
Grants Plaza
•
Fire Station 116 (Future)
•
Storm Water Pump Stations (3 locations)
•
Sewer Master PS# 7E - 5555 NW 21 Terrace — Tamarac — FL
•
Public Transport Fleet (Buses)
2. Site Visits
Proposers shall be permitted to make site visits to various City facilities in
advance of the proposal due date in addition to being provided with plans
and drawings of City facilities. Site visits shall be coordinated with the
Director of Information Technology, Mr. Levent Sucuoglu by calling (954)
597-3900, Levent.Sucuoglu&tamarac.orq. Prior to any site visit, and/or
prior to receiving any facility plans or drawings, proposers shall execute a
Confidentiality Agreement which shall require the Proposer not to disclose
details regarding the facilities or any plans or drawings, or other security
sensitive details related to the agency classified as confidential and
exemption pursuant to §119.071 (3), Florida Statutes. It shall be the sole
obligation of the Proposer to ensure and maintain such confidentiality or
exemption asserted by the City.
• E. Potential OPTIONAL Ancillary Services
N
't.,. 3 s. , OF
The successful Proposer may be required to complete certain additional optional
ancillary services on behalf of the City upon completion of the Comprehensive
Security and Surveillance System Report. Proposer shall provide the City with
option pricing in addition to pricing for the development of the Report to perform
the following optional services while maintaining the utmost level of confidentiality
regarding City records, drawings or other areas where Homeland Security
considerations require full confidentiality. Pricing for Options will NOT be
factored into the determination of Points awarded by the Evaluation Committee
for Pricing. Please provide option pricing to provide the following optional tasks:
1. Reviewing and analyzing AutoCAD or manual plan view drawings of
facilities.
2. Preparation of drawings for device placement.
3. Preparation of drawings and final design for solicitation purposes.
4. Preparation of solicitation requirements and documents
5. Preparation of written installation specifications.
6. Provision of assistance with questions and concerns raised by potential
equipment and service providers.
7. Provision of assistance with the preparation of highly technical written
Addendums to solicitations. •
8. Assistance with the review, evaluation and recommendation of solicitation
responses received from vendors.
VI. PROPOSAL SELECTION
The City Manager will appoint an Evaluation and Selection Committee to review
Proposals. The City reserves the right to select the Proposer who represents the best
value, and to accept or reject any proposal submitted in response to this solicitation.
The City's Evaluation and Selection Committee will act in what they consider to be the
best interest of the City and its residents.
Price shall not be a determining factor for selection as a pre -qualified firm, as indicated
in the following section:
VII. EVALUATION OF PROPOSALS
A. EVALUATION METHOD AND CRITERIA
An Evaluation and Selection Committee has been appointed by the City Manager
and will be responsible for selecting the most qualified firms to move on to the
Phase II solicitation process. The Proposers with the highest -ranked submittals
may be asked to make a detailed presentation of their capabilities and
experience to the Evaluation and Selection Committee.
All Proposers are advised that in the event of receipt of an adequate number of •
Proposals which in the opinion of the Evaluation Committee require no
clarification and/or supplementary information, such Proposals may be evaluated
without discussion.
The City's evaluation criteria may include, but shall not be limited to, the
following:
Proposal Evaluation Criteria for Phase II:
1. Proposed Work /Technical Plan
a. Clearly demonstrated understanding of the type of work to be
performed and a clear and comprehensive work plan that
successfully addresses the required tasks to complete the project.
b. Provide a list enumerating the Project Manager and all key
personnel to be utilized on this project, including a description of
their qualifications and skills (include same for any sub -consultants
on the project).
2. Pricing
a. The firm's pricing to perform the work under the project. Proposer
• should include a lump sum not -to -exceed price along with the
estimated number of hours anticipated to complete the project
scope including the provision of all requested deliverables
requested herein.
b. An estimate of all anticipated non -recurring reimbursable expenses
which are incurred in direct response to the performance of work
under the project. Please note that expenses for supplies and
services required in the normal execution of the project should be
factored into the Firm's Not To Exceed Lump Sum pricing.
C. A listing of hourly rates for various professionals and staff employed
on the project, which may be used as a basis for calculating any
required change documents not anticipated under the Scope of
Work herein.
d. Hourly rates to provide ancillary services which may be required in
addition to the existing Scope of Work.
3. Project Schedule
This refers to the reasonableness of Proposer's proposed schedule for
completing the project and the ability to provide resources to complete this
project for the City. Please provide a proposed schedule for
accomplishing milestones under the project.
I*
IVr ,* �. ` , 1 ? ti_. F
B. ACCEPTABLITY OF PROPOSALS
The Offer shall be evaluated solely in accordance with the criteria set forth
herein. The proposals shall be categorized as follows:
80 — 100 Points Acceptable Proposal
65 — 80 Points Potentially Acceptable; that is, reasonably capable of being made
acceptable through proposal adjustment, (however, it is not
guaranteed that such proposal will be able to be made
acceptable); or
0 — 65 Points Unacceptable
After receipt of formal sealed proposals the successful Proposer shall be required to
execute a City contract covering the scope of services to be provided and setting forth the
duties, rights and responsibilities of the parties. This contract must be executed by the
successful Proposer prior to recommendation of award and presentation to the City
Commission for approval.
D. WEIGHTED CRITERIA
Points will be assigned to each proposal based on the following weighted criteria:
CRITERIA MAXIMUM POINTS
1. Compliance with Request for Proposal (Mandatory) N/A
2. Proposed Work / Technical Plan 45 points
3. Pricing and Costs 45 points
4. Reasonableness of Schedule 10 points
These weighted criteria are provided to assist Proposers in the allocation of their
time and efforts during the proposal preparation process. The criteria also guide
the Evaluation Committee during the final ranking of proposers by establishing a
general framework for those deliberations.
E. DISCUSSIONS & PRESENTATIONS
Proposers may be requested to make provide additional information or provide
presentations to the at the discretion of the Evaluation Committee. The City may
require additional information after evaluation of the submittals, and Proposers
agree to furnish such information upon the City's request.
The Evaluation Committee may conduct discussions with any Proposer who
submits an acceptable or potentially acceptable proposal. Proposers shall be
accorded fair and equal treatment with respect to any opportunity for discussion
and revision of proposals. The Evaluation Committee reserves the right to
request the Proposer to provide additional information during this process.
I
0
r�
u
V
fi
F. RIGHT TO REJECT PROPOSALS
To the extent permitted by applicable state and federal laws and regulations, City
reserves the right to reject any and all Proposals, to waive any and all informalities
not involving price, time or changes in the work, and to disregard all nonconforming,
non -responsive, unbalanced or conditional Proposals. Proposals will be considered
irregular and may be rejected if they show serious omissions, alterations in form,
additions not called for, conditions, unauthorized alterations, or irregularities of any
kind.
City reserves the right to reject any Proposal if City believes that it would not be in
its best interest to make an award to a particular Proposer, either because the
Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability,
or fails to meet any other pertinent criteria established by City within the scope of
this solicitation.
F. PROPOSAL COPIES
Return One (1) Original and six (6) copies in an envelope marked with your firm's name
and "RFP 14-18R, "DEVELOPMENT OF SECURITY --MASTER PLAN — PHASE II" to
the City of Tamarac, Purchasing & Contracts Division, 7525 NW 88th Avenue, Tamarac,
Florida 33321, attention: Keith Glatz, CPPO, Purchasing & Contracts Manager . Any
addenda become part of this Request of Proposal and the resulting agreement. The
Proposal Form included herein should be signed by an authorized company
representative, dated and returned with the Proposal.
No negotiations, decisions or actions shall be initiated or executed by the Proposer as a
result of any discussions with any City employee. Only those communications that are
issued in writing from the Purchasing & Contracts Division may be considered as a duly
authorized expression. Also, only communications from Proposers that are signed in and
in writing will be recognized by the City as duly authorized expressions on behalf of the
Proposer.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE
PURCHASING AND CONTRACTS MANAGER OR DESIGNATED
REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE
GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.
Remainder of Page intentionally Blank
I*
.g. i/s „��� "f' <..,. � L �^ , , 9.. e , ,,,�� ..-:(�� 'k.. t.. ±' i L.� .., f 4-a OIL i.. . , . r ... ..., lti 2..., 'E{ .>t 3 �^
PROPOSAL FORM
RFP 14-18R
DEVELOPMENT OF SECURITY MASTER PLAN — PHASE II
PROPOSAL PRICE
1. Not to Exceed Cost for the Development of Security Master Plan /
Comprehensive Security and Surveillance Systems Design Report
Estimated Expenses: $
Anticipated Number of Total Hours Required to Complete Project: Hrs.
(Please include a separate delineation of staff hours and hourly rates for staff and any
sub -consultants as an attachment)
0
TOTAL NOT TO EXCEED COST: $
TOTAL EXPENSES: $ •
Project completion to be within Calendar Days after Issuance of Notice to
Proceed.
OPTIONAL ANCILLARY SERVICES (Costs not to be used for evaluation of Pricing
Points):
Option 1 Reviewing and analyzing AutoCAD or manual plan view drawings of
facilities:
$ per Hour
Option 2 Preparation of drawings for device placement:
$ per Hour
Option 3 Preparation of drawings and final design for solicitation purposes:
$ per Hour
Option 4 Preparation of solicitation requirements and documents:
$ per Hour
20
Option 5 Preparation of written installation specifications:
$ per Hour
Option 6 Provision of assistance with questions and concerns raised by potential
equipment and service providers:
$ per Hour
Option 7 Provision of assistance with the preparation of highly technical written
Addendums to solicitations:
$ per Hour
Option 8 Assistance with the review, evaluation and recommendation of solicitation
responses received from vendors:
$ per Hour
SUBMITTED BY:
Company Name:
Address:
• City:
is
Telephone:
State: Zip:
FAX: Email:
NOTE: To be considered eligible for award, one (1) original copy of this proposal
form must be submitted with the Proposal.
NO BID INDICATION (IF "NO BID" IS OFFERED):
Please indicate reason(s) why a Proposal is not being submitted at this time.
Remainder of Page Intentionally Blank
-- - - ------ ----------- -------- ---------------- - - -----
c
COMPANY NAME: (Please Print):
Phone:
Fax:
BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU...
❑ 1. Carefully read the Instructions to Proposers and Standard Terms & Conditions.
Please refer specifically to submittals required in Section 13 of the Standard
Terms & Conditions.
❑ 2. Provide a Response that addresses consultant's Work I Technical Plan for
the Project.
F-1 3 Include a Pricing Proposal including project pricing, estimated hours, pricing
for requested optional ancillary services, and hourly staff and sub -consultant
rates.
❑ 4. Include a proposed Schedule of Milestones for work to be performed during
the project.
❑ 5. Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
❑ 6. Sign the Certification page. Failure to do so will result in your Bid being
deemed non -responsive.
❑ 7. Sign the Vendor Drug Free Workplace Form.
❑ 8. Fill out the List of Sub -consultants or Subcontractors, if applicable
❑ 9. Fill out and sign the Certified Resolution.
F-] 10. Include proof of insurance.
F-1 11. Provide any additional documentation requested within the Proposal
Document.
❑ 12 Submit ONE (1) Original AND the number of copies requested in Section
VIII "Proposal Copies" herein. Clearly mark the sealed container with the
PROPOSAL NUMBER AND PROPOSAL NAME on the outside of the
package.
Make sure your Proposal is submitted PRIOR to the deadline.
Late Proposals will not be accepted.
Failure to provide the requested attachments may result in your proposal
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL.
0
0
0
2
0
0
SIGNATURE & CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL
We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Request for Proposals.
We (1) certify that we(I) have read the entire document, as may be applicable, including the Scope of Work,
Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and
any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals. By
signing this certification, proposer certifies that proposer has a complete set of documents, including all
addenda and drawings as applicable, and has become familiar with the requirements for this proposal.
Proposer's failure to familiarize itself with all requirements, conditions, and site conditions of this proposer
shall not excuse any unsatisfactory performance under any final Agreement issued as a result of this
proposal process.
Indicate which type of organization below:
INDIVIDUAL R PARTNERSHIP R CORPORATION R OTHER D
If "Other", Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
Email address for above signer (if any)
Company Name
Address
City, State, Z I P
Federal Tax ID Number
23
`' u t l , a .. C..
CERTIFIED RESOLUTION
I, (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of
the State of , do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at
a meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the
duly elected (Title of Officer) of
(Corporate Title) be and is hereby authorized to execute
and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the
Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said
corporation as its own acts and deeds. The secretary shall certify the names and signatures of
those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and
shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or
damage resulting from or growing out of honoring, the signature of any person so certified or for
refusing to honor any signature not so certified.
further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
further certify that the following are the name, titles and official signatures of those persons •
authorized to act by the foregoing resolution.
NAME TITLE SIGNATURE
Given under my hand and the Seal of the said corporation this day of , 20
(SEAL)
Secretary
Corporate Title
NOTE;
0
The above is a suggested form of the type of Corporate Resolution desired. Such form need
not be followed explicitly, but the Certified Resolution submitted must clearly show to the
satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the
corporation has been properly empowered by the corporation to do so in its behalf.
0
{{ 13 +
r
E
cJ
.,.......,....---«,,,v.,=...,.�..,,v..,�..,_...,,v..,v., ,».,...,»„x.,.«„r..,....,.,...........«-.>.,.«.<..,....«.............«.,,...,,v.,.,,,_..,,_..,,,.,.........,,v.,...,,,,-.,,.,.,,,.->«..w.-.,.....,.......,,-......:..-....-.�.....,>....,.,.....,,v.,,,,,,»,.«v.a,,.,,,...,.,.....�....�..._...,.,:.,....,,..,..,,......,...........-.-w.- ..- .-.,....,-.,....,.»....»-....,�...-.....,,.....,.+..,......,-.�..+.....re...>.,,.....,.,.....,».+..,,...,».+"1.,„«..,,�,.,,.,v,,,.,,,««.,».,.,�+,,,«,,,.,,...,...«..,.,,.>......,...,.. ..-..,...-..->...-....-«..»...,,.....,......»...-«..
NON -COLLUSIVE AFFIDAVIT
State of )
County of )
deposes and says that-
1 .
2.
0
)ss.
being first duly sworn,
He/she is the ,
Officer, Representative or Agent} of
, the Proposer that has submitted the attached Proposal;
(Owner, Partner,
He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither the said Proposer nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in
any way colluded, conspired, connived or agreed, directly or indirectly, with any
other Proposer, firm, or person to submit a collusive or sham Proposal in
connection with the Work for which the attached Proposal has been submitted; or
to refrain from bidding in connection with such Work; or have in any manner,
directly or indirectly, sought by agreement or collusion, or communication, or
conference with any Proposer, firm, or person to fix the price or prices in the
attached Proposal or of any other Proposer, or to fix any overhead, profit, or cost
elements of the Proposal price or the Proposal price of any other Proposer, or to
secure through any collusion, conspiracy, connivance, or unlawful agreement
any advantage against (Recipient), or any person interested in the proposed
Work;
5. The price or prices quoted in the attached Proposal are fair and proper and are
not tainted by any collusion, conspiracy, connivance, or unlawful agreement on
the part of the Proposer or any other of its agents, representatives, owners,
employees or parties in -interest, including this affiant.
Signed, sealed and delivered in the presence of:
M
Witness
Witness
Printed Name
Title
^4t 1. 0c. . �. ._a. w.✓'E. t, ir.,��. c r 4: c _?! _.r`: i
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of
On this the day of , 20 , before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print, •
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
u
21 1rt.lL i.y �''. ''.;T"X { �r`'�ikC.t`41� "
` a�.J'
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal
certifying they have a drug -free workplace in accordance with Section 287.087, Florida
Statutes. This requirement affects all public entities of the State and becomes effective
January 1, 1991. The special condition is as follows:
IDENTICAL TIE PROPOSALS - Preference may be given to businesses with drug -free
workplace programs. Whenever two or more proposals that are equal with respect to
price, quality, and service are received by the State or by any political subdivision for the
procurement of commodities or contractual services, a bid received from a business that
certifies that it has implemented a drug -free workplace program shall be given
preference in the award process. Established procedures for processing tie proposals
will be followed if none of the tied vendors have a drug -free workplace program. In order
to have a drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under
bid, the employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of chapter 893 or of any controlled substance law of the United States or
any state, for a violation occurring in the workplace no later that five (5) days
after each conviction.
5. Impose a section on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain adrug-free workplace through
implementation of this section. As the person authorized to sign the statement,
certify that this form complies fully with the above requirements.
• Authorized Signature
Company Name
27
a: 7,(„�,. { .y.# „ y 4 . �,.. �„ ; y*�i y. r > j f '� *,. � Y i . �' `" � --e fi•,,y '«�, f �' s '� � '� �z 6- � '� 1 r , ?�, s 5..t
SAMPLE FORM AGREEMENT
BETWEEN THE CITY OF TAMARAC
THIS AGREEMENT is made and entered into this day of
20 , by and between the City of Tamarac, a municipal corporation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City")
and , a corporation with principal offices located at (the
"Consultant") to provide for
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Consultant agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Document No
including all conditions therein, (including any General Terms and Conditions,
Supplementary Conditions, Statement of Work or any other provisions contained within
the document), any and all addenda, Proposal executed and submitted by the
Consultant, specifications, bond(s), (if applicable), and insurance certificate(s), the City
Resolution awarding the project, and all modifications issued after execution of this
Agreement. These 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 of a
conflict between this document and any other contract documents, this Agreement shall
prevail.
2) The Work
2.1. The Consultant shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Consultant shall furnish all labor, materials, and equipment
necessary to
2.1.2 Consultant shall
2.1.3 Consultant shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Consultant shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Consultant shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Consultant's expense.
2.1.4 Consultant shall provide the City with seventy-two (72) hours
written notice prior to the beginning of work under this Agreement
i
28
if
and prior to any schedule change with the exception of changes
caused by inclement weather.
2.1.5 Consultant 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 Consultant,
its employees, agents or sub -consultants, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Consultant shall obtain at Consultant's expense all necessary insurance in
such form and amount as specified in the original bid or proposal
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. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant 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
Consultant 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. Consultant shall indemnify and hold the City harmless for any damages
resulting from failure of the Consultant to take out and maintain such
insurance. Consultant's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Consultant shall be responsible for
payment of all deductibles and self-insurance retentions on Consultant's
Liability Insurance policies.
4) Schedule
The work to be performed under this Agreement shall be commenced after City
execution of this Agreement. The work shall be completed no later than ,
20
5) Contract Sum
The Contract Sum for the above work is Dollars and cents ( ).
6) Payments
The City shall pay in full the Contract Sum to the Consultant upon completion of
the work listed in Paragraph 2 of this Agreement unless the parties agree
otherwise. The City shall pay the Consultant for work performed subject to the
specifications of the job and subject to any additions and deductions by
subsequent change order provided in the contract documents. All payments shall
be governed by the Local Government Prompt Payment Act, F.S., Part VII,
Chapter 218.
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, their agents,
elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), costs arising out of any
actual or alleged: a). Bodily injury, sickness, disease or death, or injury to
or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or
claimed to have resulted in whole or in part from any actual or alleged act
or omission of the Consultant, any sub -Consultant, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them
may be liable in the performance of the Work; or b). violation of law,
statute, ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by Consultant in the performance of the
Work; or c). liens, claims or actions made by the Consultant or any sub -
consultant under workers compensation acts; disability benefit acts, other
employee benefit acts or any statutory bar. Any cost of expenses,
including attorney's fees, incurred by the City to enforce this agreement
shall be borne by the Consultant.
7.2. 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.
7.3. The Consultant 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.
7.4. 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.
u
30
Z . i' t +�. r r✓.._.e .¢.a? t f""' ..
k
...,..,.....».»........»...».............»...»....,........>.«........................�....-..e..�..........».....,..»v......v»vr.«......�.-....+.....+.«......v...mm-_..v_-......,.,..,..............,..................,.........�....,......«... .v........»..r.,.....,, v.:_..»..»..»..�.....<..,.....,....�...,.»»-»,.«.».m»=..».».........,.,..-...,........,.,.«,»..»,...».......................r.,..+,.:�...�.»�,.�.�.a............,m....+m.+..+.........,......,....«..»..,..................�.........m...+...»v.....-.m».. .»
7.5 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 Consultant under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
8) 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.
9) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Consultant 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
Consultant shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Consultant's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Consultant, which policies of Consultant shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Consultant's funds provided for herein. The Consultant 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 Consultant and the City and the City will
not be liable for any obligation incurred by Consultant, including but not limited to unpaid
0 minimum wages and/or overtime premiums.
31
q%.Pr
10) Assignment and Subcontracting
Consultant 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.
11) 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
CONSULTANT
12) Termination
12.1 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 Consultant for such termination in which event the Consultant shall
be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that the
Consultant abandons this Agreement or causes it to be terminated,
Consultant shall indemnify the city against loss pertaining to this
termination.
12.2 Default by Consultant: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Consultant 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
32
0
by Consultant of written notice of such neglect or failure.
13) Public Records
13.1 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:
13.1.1 Keep and maintain public records that ordinarily and necessarily
would be required by the City in order to perform the service;
13.1.2 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;
13.1.3 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
13.1.4 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.
13.2 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 12
"Termination" herein.
13.3 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.
13.4 In the event that the release of project records to third parties would result
in the unauthorized disclosure of confidential information or information
that is otherwise exempted from Florida's public records requirements as
provided under §119.071 (3), Florida Statutes, such records shall remain
confidential and exempted from the requirements of this section. Any
isrecords that are provided, however, shall retain such exempt status
33
"i t
# _ >.y ` ,.,,5p } { ' Y r „¢_ {1 $ � s rp,,,, a r s �...3 (( C`' g t f q s
�.n � e
pursuant to §119.071(3)(b)4, Florida Statutes, and maintenance of such
exemption shall be at the sole cost and expense of the parties to whom
the information is provided by the City.
14) Uncontrollable Forces
14.1 Neither the City nor Consultant 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.
17) Signatory Authority
The Consultant shall provide the City with copies of requisite documentation
evidencing that the signatory for Consultant has the authority to enter into this
Agreement.
18) Severability; Waiver of Provisions
34
r�
u
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 Consultant 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 Consultant 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) Budgetary Constraints
In the event the City is required to reduce contract costs due to budgetary
constraints, all services specified in this document may be subject to a
permanent or temporary reduction in budget. In such an event, the total cost for
the affected service shall be reduced as required. The Contractor shall also be
provided with a minimum 30-day notice prior to any such reduction in budget.
Remainder of Page Intentionally Blank
35
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 CONSULTANT, signing by and through its , duly
authorized to execute same.
CITY OF TAMARAC
Harry Dressler, Mayor
Date
ATTEST: Michael C. Cernech, City Manager
Patricia A. Teufel, CIVIC Date:
City Clerk
Approved as to form and legal sufficiency:
Date
City Attorney •
ATTEST:
Company Name
(Corporate Secretary) Signature of President/Owner
Type/Print Name of Corporate Secy. Type/Print Name of President/Owner
(CORPORATE SEAL) Date
0
36
CORPORATE ACKNOWLEDGEMENT
STATE OF
: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
, of
a Corporation, to me known to be the person(s) described in
and who executed the foregoing instrument and acknowledged before me that he/she
executed the same.
WITNESS my hand and official seal this day of 120
• Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
❑ Produced Identification
Type of I.D. Produced
0
F-1 DID take an oath, or
❑ DID NOT take an
oath.
37
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
ELERT & ASSOCIATES NETWORKING DIVISION, INC.
THIS AGREEMENT is made and entered into this2z tay of 1
)20 by and between the City of Tamarac, a municipal coyporation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "city"}
and Elert & Associates Networking Division, Inc, a Minnesota corporation duly
registered as a Florida Foreign Corporation with principal offices located at 140
Third Street South, Stillwater, Minnesota 55082 (the "Consultant") to provide for
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Consultant agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Request for Proposal
Documents No. 14-1813, Phase 11 and Phase 1, as issued by the City on February 27,
2015 and May 20, 2014 respectively, including all conditions therein, (including any
General Terms and Conditions, Supplementary Conditions, Statement of Work or any
other provisions contained within the document), any and all addenda, Proposal
executed and submitted by the Consultant, specifications, bonds), (if applicable), and
insurance certificate(s), the City Resolution awarding the project, and all modifications
issued after execution of this Agreement. These 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 of a conflict between this document and any other contract documents, this
Agreement shall prevail followed in sequence by Request for Proposal Document No.
14-1813, Phase 11 and Phase I as issued by the City, followed by Consultant's responses
dated March 26, 2015 (Phase 11) , and July 26, 2014 (Phase 1), in that order.
2) The Work
2.1. The Consultant shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Consultant shall furnish all labor, materials, and equipment
necessary to provide the City with Security Master Plan and
Vulnerability Assessment for all City of Tamarac facilities in
accordance with the Statement of Work included as a part of
Request for Proposal Document 14-18R Phase 11 as issued by the
City of Tamarac on February 27, 2015.
2.1.2 Consultant shall prepare a Comprehensive Report to serve as the
guiding document for phased implementation/upgrade of the City's
1
-1
a'MAI L,,TV,'��101'1
Security and Surveillance Systems. "Security and Surveillance
Systems" shall encompass the following systems:
2.1.2.1
Access Control Systems(ACS)
2.1.2.2
Digital Video Management System (DVMS)
2.1.2.3
IP based cameras
2.1.2.4
Vehicle based cameras
2.1.2.5
Personal cameras
2.1.2.6
Public Address/Mass Notification (PA/MN) [facility -
based]
2.1.2.7
Blue Phone type call systems
2.1.3 The Comprehensive Security and Surveillance Systems Design
Report (Report) will be utilized to serve the City as a
comprehensive security and Surveillance program that is scalable
and capable of being phased to allow implementation of the
systems based on priority and budgets, and employ an open -
architecture for future expansions.
2.1.4 Consultant shall perform the following tasks as a part of this
Agreement:
2.1.4.1 Review existing site conditions to develop the Report
outline.
2.1.4.2 Conduct a Vulnerability Assessment to identify threats
and vulnerabilities, assess risks, and prioritize
solutions.
2.1.4.3 Identify high priority and secondary system initiatives.
2.1.4.4 Conduct site surveys of existing security and
surveillance systems now in place in conjunction with
the City Staff.
2.1.4.5 Review and recommend appropriate
security/surveil lance measure for the City's public
transport fleet.
2.1.4.6 Prepare recommendations including schematic
drawings for new and replacement surveillance
systems.
2.1.4.7 Prepare a matrix of security apparatus to include
location, position, type and feature set.
2
cl 1 'a" fL.e G
TAMARAC
The CRy For Your We
2.1-4.8 Review and recommend Access Control and CCTV
integration opportunities.
2.1.4.9
Identify recommended infrastructure, power and IP
network design criteria.
2.1.4.10
Provide a Concept of Operation for monitoring,
assessing, and responding to security related events.
2.1.4.11
Develop a City-wide Security / Surveillance Policy in
conjunction with the City Staff.
2.1.4.12
Identify recommendations for phasing of stated
improvements.
2.1.4.13
Develop a high level budget for the purchase,
installation and deployment of equipment and
services that conforms with recommendations.
2.1.4.14 Develop a draft implementation and deployment plan
for the City of Tamarac.
2.1.4.15 Participate in review meetings with the City of
Tamarac and designated stakeholders.
2.1.4.16 Incorporate the City's comments into the Report.
2.1.4.17 Submit final confidential Report to the City of
Tamarac.
2.1.4.18 Proposer shall maintain complete confidentiality in the
preparation of confidential Reports for the City of
Tamarac.
2.1.5 The City may, at its option, engage Consultant to perform additional
optional services based on a combination of the hourly rates provided in
Section 5.2 of this Agreement. Consultant shall prepare a quotation for
each proposed optional task based on the rates in Section 5.2 of this
Agreement, and the City reserves the right to negotiate the final costs of
such optional services prior to performance of such services. These
optional services shall be in addition to the performance of such
services required to perform the Primary Phase and the Vulnerability
Phase of this project. Optional services may include, but not be limited
to the following:
2.1.5.1 Reviewing and analyzing AutoCAD or manual plan
view drawings of facilities
2.1.5.2 Preparation of drawings for device placement.
3
2.1.5.3 Preparation of drawings and final design for
solicitation purposes.
2.1.5.4 Preparation of solicitation requirements and
documents.
2.1.5.5 Preparation of written installation specifications.
2.1.5.6 Provision of assistance with questions and concerns
raised by potential equipment and service providers.
2.1.5.7 Provision of assistance with the preparation of highly
technical written Addenda to solicitations.
2.1.5.8 Assistance with the review, evaluation and
recommendation of solicitation responses received
from vendors.
2.1.6 Consultant shall be responsible for assessing the following City facilities:
• Tamarac City Hall
• BSO Tamarac District
Office
• Fire Station #15
• Fire Station #41
• Fire Station #78 (Currently
being designed )
• Tamarac Community
Center
• Caporella Aquatic &
Wellness Center
• Tamarac Multi -purpose
Center
• Tamarac Recreation
Center
• Public Services Complex
• Water Treatment Plant
• Tamarac Park
• Tamarac Sports Complex
• Tamarac Commons Park
• Tamarac Village
• Sunset Point Park
• Tephord Park
• Gary B. Jones Park for
People and Pups
• Veterans Memorial Park
• Caporella Park
• Water's Edge Park
• Mainlands Park
• Grants Plaza
• Fire Station 116 (Future)
• Storm Water Pump
Stations (3 locations)
• Sewer Master PS# 7E -
5555 NW 21 Terrace --
Tamarac -- FL
• Public Transport Fleet
(Buses)
2.1.7 Consultant shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and professional
manner. Consultant shall comply with all OSHA safety rules and
regulations in the operation of equipment and in the performance of the
work. Consultant shall at all times have a competent field supervisor on
the job site to enforce these policies and procedures at the Consultant's
expense.
4
TAMARAC
The CNN or Your We
2.1.8 Consultant 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.
2.1.9 Consultant 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 Consultant, its employees,
agents or sub -consultants, if any, with respect to the work and services
described herein.
3) Insurance
3.1. Consultant shall obtain at Consultant's expense all necessary insurance in
such form and amount as specified in the original bid or proposal
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, Automobile
Liability and all other insurance as required by the City, including
Professional Liability coverage of at least $2 million for each act and in the
aggregate. Consultant shall maintain such insurance in full force and
effect during the life of this Agreement. Consultant shall provide to the
City's Risk and Safety Manager certificates of all insurance types required
under this section prior to beginning any work under this Agreement. The
Consultant 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. Consultant shall indemnify and hold the City harmless for any damages
resulting from failure of the Consultant to take out and maintain such
insurance. Consultant's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Consultant shall be responsible for
payment of all deductibles and self-insurance retentions on Consultant's
Liability Insurance policies.
4) Schedule
The work to be performed under this Agreement shall be commenced after City
execution of this Agreement. The work shall be completed within 112 days after the
execution of this Agreement.
5) Contract Sum
5.1 The Contract Sum for the above work for a not to exceed fee of Seventy -
Eight Thousand Two Hundred Eighty Dollars and no cents ($78,280.00),
which shall include a Primary Phase cost not to exceed Thirty -Six
Thousand Two Hundred Forty Dollars and no cents ($36,240.00), and the
Optional Add -on Phase for the Vulnerability Assessment and related
5
0""1 fJ1_T1_)
services as submitted by Consultant for a cost not to exceed Forty -Two
Thousand Forty Dollars and no cents ($42,040.00), which shall include all
expenses.
5.2 Optional Hourly Rates: In the Event requires additional optional Services
from the Consultant, such optional service costs shall be calculated using
a combination of the following hourly rates:
Senior Consultant: $175.00 per hour.
Staff Security Consultant: $125.00 per hour.
Staff Designer: $115.00 per hour.
AutoCAD Drafter: $55.00 per hour.
Report Editing: $55.00 per hour
6) Payments
The City shall pay in full the Contract Sum to the Consultant upon completion of
the work listed in Paragraph 2 of this Agreement unless the parties agree
otherwise. The City shall pay the Consultant for work performed subject to the
specifications of the job and subject to any additions and deductions by
subsequent change order provided in the contract documents. All payments shall
be governed by the Local Government Prompt Payment Act, F.S., Part VII,
Chapter 218.
7) Indemnification
7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, their agents,
elected officials and employees from and against all claims, actions,
liabilities, losses (including economic losses), costs arising out of any
actual or alleged: a). Bodily injury, sickness, disease or death, or injury to
or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or
claimed to have resulted in whole or in part from any actual or alleged act
or omission of the Consultant, any sub -Consultant, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them
may be liable in the performance of the Work; or b). violation of law,
statute, ordinance, governmental administration order, rule, regulation, or
infringement of patent rights by Consultant in the performance of the
Work; or c). liens, claims or actions made by the Consultant or any sub -
consultant under workers compensation acts; disability benefit acts, other
employee benefit acts or any statutory bar. Any cost of expenses,
including attorney's fees, incurred by the City to enforce this agreement
shall be borne by the Consultant.
on
'4L
R r, ; , e� -� - — — - ? I � 0
ai,,d D)v's* air
7.2. 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.
7.3. The Consultant 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.
7.4. 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.
7.5 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 Consultant under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
8) 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
7
T MARAC
The Chy For Your Life
nondiscrimination clause.
9) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Consultant 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
Consultant shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Consultant's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Consultant, which policies of Consultant shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Consultant's funds provided for herein. The Consultant 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 Consultant and the City and the City will
not be liable for any obligation incurred by Consultant, including but not limited to unpaid
minimum wages and/or overtime premiums.
10) Assignment and Subcontracting
Consultant 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.
11) 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
I—,W,
C,v- of
Fort Lauderdale, FL 33308
CONSULTANT
Elert & Associates Networking
Division, Inc.
140 Third Street
Stillwater, MN 55082
ATTN: Gary Elert, President
Telephone: (651) 705-1222
Facsimile: (651) 430-2661
E-Mail: g �,7 7�
12) Termination
d I CJ 10 f"I
12.1 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 Consultant for such termination in which event the Consultant shall
be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that the
Consultant abandons this Agreement or causes it to be terminated,
Consultant shall indemnify the city against loss pertaining to this
termination.
12.2 Default by Consultant: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Consultant 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 Consultant of written notice of such neglect or failure.
13) Public Records
13.1 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:
13.1.1 Keep and maintain public records that ordinarily and necessarily
would be required by the City in order to perform the service;
13-1.2 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;
13.1.3 Ensure that public records that are exempt or that are confidential
C' -' T i,,P af
TAMARAC
The WV For Your Life
- - I
CT J�k I, , r
,s :D c " t, PVU 10
and exempt from public record requirements are not disclosed
except as authorized by law; and
13.1.4 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.
13.2 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 12 "Termination" herein.
13.3 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.
13.4 In the event that the release of project records to third parties would result
in the unauthorized disclosure of confidential information or information
that is otherwise exempted from Florida's public records requirements as
provided under §119.071 (3), Florida Statutes, such records shall remain
confidential and exempted from the requirements of this section. Any
records that are provided, however, shall retain such exempt status
pursuant to §119.071(3)(b)4, Florida Statutes, and maintenance of such
exemption shall be at the sole cost and expense of the parties to whom
the information is provided by the City.
14) Uncontrollable Forces
14.1 Neither the City nor Consultant 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.
10
i f Tarn ar c
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.
17) Signatory Authority
The Consultant shall provide the City with copies of requisite documentation
evidencing that the signatory for Consultant 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 Consultant 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 Consultant and the City.
20) No Construction Against Drafting Party
11
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) Budgetary Constraints
In the event the City is required to reduce contract costs due to budgetary
constraints, all services specified in this document may be subject to a
permanent or temporary reduction in budget. In such an event, the total cost for
the affected service shall be reduced as required. The Contractor shall also be
provided with a minimum 30-day notice prior to any such reduction in budget.
Remainder of Page Intentionally Blank
12
?nt
0"? J D v 's-
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 CONSULTANT, signing by and through its President,
duly authorized to execute same,
ATTEST:
ITY F TAMARAC
Harry Dressler, aygr
Date:
Approved as to -form -and legal sufficiency:
Company Name
Corporate Secaltary) Signature of resident/Owner
Kathleen Elert
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Gary Ellert
President
Date
13
-
T ARAC
The City For Your We
CORPORATE ACKNOWLEDGEMENT
STATE OF �lo�`��,�
:SS
COUNTY OF. �', r�,\� q5
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
Gary Elert, President of Elert & Associates Networking Division, Inc., a Minnesota
Corporation, duly registered as a Florida Foreign 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.
J
WITNESS my hand and official seal this, day of 201"
Signature of Notary Public
State of Florida at Large
Christopher Eisen
State of Florida
My Commission &Vires 016018
Commission No. FF 160327
�N%��i��l� � �LS� 1�
Print, Type or Stamp
Name of Notary Public
Ej Personally known to me or
Produced Identification
fj\ \ A-y� 141� -XA U, �Q PL U
Type of I.D. Produced
❑ DID take an oath, or
DID NOT take an
oath.
14
ELERT-1 OP ID: SL
DATE (MMlDD/YYYY)
CERTIFICATE LIABILITYINSURANCE04/28/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy('Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Phone: 715-425-0159 NAME CONTACT
Leitch Insurance Agency, Inc. Fax. 715-425-5439 PHONE FAX
A/C No
174 E Pine St A/C No Ext
P O BOX 85 ADDRESS:
River Falls, WI 54022
Steven J Leitch INSURER(S)AFFORDING COVERAGE NAic #
INSURER A: CUBE 24414
INSURED Elert & Associates INSURER B :
140 3rd St S INSURER C :
Stillwater, MN 55082
INSURER D
INSURER E :
INSURER F :
_._ _ - _� �.r.r�r.e�.w s ...... w.■ .-......—... _ DMI1101nKI All 1FkAQ=0-
�rIS F��
THISE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
TO CERTIFY THAT THE POLICIES OFINSURANC
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT
TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
HEREIN IS SUBJECT TO
ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1NSR ADDLTYPE OF INSURANCE INSR SU D POLICY NUMBER MM/DDPOLICY/YYYY MM D//YYYY
LTR
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A X COMMERCIAL GENERAL LIABILITY X GC10097237 11/29/2014 11/29/2015
DAMA E TO RENTED
PREMISES Ea occurrence)$
100,000
CLAIMS -MADE ® OCCUR
MED EXP (Any one person)
$ 10,000
X XCU coverage
PERSONAL & ADV INJURY
$ 11000,000
X Hired & Non owned
GENERAL AGGREGATE
$ 21000,000
GEN`L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 1,000,000
POLICY [X]PRO- LOC
JECT F-1
$
COMBINED SINGLE LIMIT
Ea accident
1,000,000
$
A_
AUTOMOBILE LIABILITY
BODILY INJURY (Per person)
$
A
X
X
CBA0519763
11/29/2014
11129/2015
BODILY INJURY (Per accident)
$
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
PROPERTY DAMAGE
Per accident
$
HIRED AUTOS AUTOS
X
UMBRELLA LIAB
X OCCUR
EACH OCCURRENCE
$ 51000,000
AGGREGATE
$
A
EXCESS LIAB
CLAIMS -MADE
CCU0097237
11/2912014
11/29/2015
DED I X I RETENTION $ 10000
WC OTH-
TATUWORKERS
$
COMPENSATION
X ORY LIMITS ER
LIMIT
E.L. EACH ACCIDENT
$ 17000,000
A
LIABILITY
AND EMPLOYERS' LIABILITY
EXECUTIVE Y / N
CWC0097237
11/29/2014
11/29/2015
E.L.ISEASE - EA EMPLOYEE
.
$ 1,000,000
ANY PROPRIETOR/PA
OFFICER/MEMBER EXCLUDED?
N / A
(Mandatory in NH)
If describe
1,000,000
yes, under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
All policy provisions apply.
CERTIFICATE HOLDER trHlVt✓GLL.M ! 14Il!
TAMARAI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Tamarac ACCORDANCE WITH THE POLICY PROVISIONS.
7525 NW 88th Ave
Tamarac, FL 33321 AUTHORIZED REPRESENTATIVE
Steven J Leitch
C)1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
' 1 � DTEA4CCO "CERTIFICATELIABILITY � C 2A20 � 5 DD(YYYY,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Leitch Insurance Agency, Inc. PHONE FAX
PO Box 85 E-MAIL A/CNip. ExtL_ Nc
River Falls WI 54022
INSURERS AFFORDING COVERAGE NAIC #
INSURERA : Capitol Specialty Insurance Corporation 10328
INSURED
Elert & Associates
144 3Rd St So
Stillwater MN 55082
INSURER B :
ENSURER C
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: RFVI-glnN N[IMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
INSR
WVD
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE LJ OCCUR
This insurance is issued pursuant to the
Minnesota Surplus Lines Insurance Act. The
Insurer is an eligible surplus lines insurer but
is not otherwise licensed by the State of
Minnesota. In case of insolvency, payment
c3', P Y
Of claims is not guaranteed.'
EACH OCCURRENCE
1 $
DAMAGE TO RENTED PREMISES Ea occurrence
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO-
POLICY JECT JU LOC
PRODUCTS - COMP/OP AGG
$
$
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS NON -OWNED
AUTOS
COMBINED SINGLE OMIT
Ea accident
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
UMBRELLA LIAB
EXCESS LIAS
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED RETENTION$
$
WORKERS COMPENSATION
AND EMPLOYERS` LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIV
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
WC STATU- OTH-
T RY L M T
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
E.L. DISEASE - POLICY LIMI
$
A
TECHNOLOGY E&O LIABILITY
SGG00035-06
1 iI29/20i4
11/29/2015
$3,000,000 EACH CLAIM
$3,000,000 AGGREGATE
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDER CANCELLATION
Cityof Tamarac SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
7525 NW 88th Ave ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Tamarac FL 33321
01988-2010 ACORD CORPORATION, All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD