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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