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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-126A Temp. Reso. #11258 Page 1 of 5 August 1, 2007 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- f,� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD REQUEST FOR PROPOSAL (RFP) 07-23R, "OCCUPATIONAL HEALTH & SAFETY CONSULTANT" TO AND EXECUTE AN AGREEMENT WITH ENVIRONMENT, SAFETY AND HEALTH, LC FOR OCCUPATIONAL HEALTH AND SAFETY CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $88,375 THROUGH NOVEMBER, 2008, AUTHORIZING THE CITY MANAGER TO APPROVE EXPENDITURES FOR THESE SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Tamarac employees in management and labor are committed to improving the safety culture of the City, and formed the Tamarac Employee Safety Committee (TESC) in 2002, committed to further this goal; and WHEREAS, City Staff, in conjunction with the Human Resources/Risk Management Division and the TESC were awarded a Federal Grant through the Federal Mediation and Conciliation Service, which includes a maximum not to exceed contractor compensation of $88,375; and WHERAS, it is in the best interest of the City of Tamarac to improve the trust and communications between management and labor and reduce injury exposures for strains and sprains amongst employees; and Temp. Reso. #11258 Page 2 of 5 August 1, 2007 WHEREAS, the City is seeking assistance with evaluating our potential strain and sprain related injury exposures, working with the TESC and staff in conducting Job Safety Assessments (JSA'S) on those potential exposures, documenting written JSA'S to formalize safe operating procedures, establishing a training program and a Train the Trainer program for JSA'S, monitoring the results, and formalizing the City's existing safety efforts in this area to prevent injuries from strains and sprains; and WHEREAS, the City publicly advertised Request for Proposal 07-23R, "Occupational Health and Safety Consultant", due July 9, 2007, a copy of said proposal is on file with the City Clerk; and WHEREAS, as a result of this advertisement, proposals were solicited from vendors and four (4) responsive proposals were received and evaluated per the Request for Proposal from the following firms: Environment, Safety & Health, LC, The National Safety Council of South Florida, Pivotal Risk Management, PMA Management Group; and WHEREAS, an Evaluation Committee was facilitated by the Purchasing & Contracts Manager, consisting of members from the Tamarac Employee Safety Committee including the Risk and Safety Manager, the Safety Specialist, the Operations Manager for the Utilities Department, a Fire Lieutenant, and a Public Works Groundskeeper Crew Leader; and 1 Temp. Reso. #11258 Page 3 of 5 August 1, 2007 WHEREAS, the Evaluation Committee short-listed responses and received oral presentations from the following three (3) firms: Environment, Safety & Health, LC, The National Safety Council of South Florida, Pivotal Risk Management; and WHEREAS, the Evaluation Committee ranked the proposal from Environment, Safety & Health, LC, as the most advantageous response to the City's needs, a copy of said proposal response is on file with the City Clerk, and the Final Evaluation Committee scoring is attached hereto as Exhibit "A", and WHEREAS, the RFP provided for required Occupational Health & Safety Consulting Services as required by the Federal grant; and WHEREAS, as a result of the Federal grant, funds are budgeted in the appropriate departmental account; and WHEREAS, it is the recommendation of the Director of Human Resources and the Purchasing and Contracts Manager that (RFP) 07-23R, "Occupational Health & Safety Consultant" be awarded to, and an agreement be accepted and executed with Environment, Safety and Health, LC in am amount not to exceed $88,375 through November, 2008; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to award to and execute an agreement with Environment, Safety & Health, LC in an amount not to exceed $88,375 through November, 2008 to provide Occupational Health and Temp. Reso. #11258 Page 4 of 5 August 1, 2007 Safety Consulting Services, and to authorize the City Manager to approve expenditures as may be required and as included in the proposal and contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That (RFP) 07-23R, "Occupational Safety & Health Consultant" be awarded to, and an agreement (attached hereto as Exhibit "B") be accepted and executed with Environment, Safety and Health, LC in an amount not to exceed $88,375 through November, 2008. SECTION 3: The City Manager is hereby authorized to approve expenditures as may be required and as outlined in the agreement with Environment, Safety and Health, LC SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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. 1 1 1 f� L SECTION 6: its passage and adoption. Temp. Reso. #11258 Page 5 of 5 August 1, 2007 This Resolution shall become effective immediately upon PASSED, ADOPTED AND APPROVED this c>V-00day of 1 2007. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. e,,�ANIIUEL S. GOREN CITY ATTORNEY r BETH FLANSIBALIM-TALABIS • 11 4• RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER dze DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF azle DIST 4: COMM. DRESSLER City of Tamarac & Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND ENVIRONMENT, SAFETY AND HEALTH, LC THIS AGREEMENT is made and entered into this eday of 20_&7,_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 Environment, Safety and Health, LC, a Florida Limited Liability Company with principal offices located at 9256 SE Venus Street, Hobe Sound, Florida 33455 (the "Consultant") to provide for Occupational Health and Safety Consultant Services. 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 Document No. 07-23R "Occupational Health & Safety Consultant", 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 dated July 5, 2007, 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 that there is a conflict between Request for Proposal document #07-23R, "Occupational Health & Safety Consultant", as issued by the City, and the Contractor's Proposal, dated July 5, 2007, the proposal issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below: 2.1.1 This document and project are financed in whole or in part by a $93,352 Grant from the Federal Mediation and Conciliation Service. 2.1.2 Consultant shall furnish all labor, materials, and equipment necessary to provide Occupational Health and Safety Consultant services. 2.1.3 Consultant shall provide all services as required by the contract documents as detailed in Section 1 "The Contract Documents" of this Agreement. Furthermore, Consultant shall comply with all City of Tamarac Purchasing & Contracts Division requirements of the grant provided to the City by the Federal Mediation and Conciliation Service. 2.1.4 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. 2.1.5 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. In addition, Consultant shall inform the Risk and Safety Manager 2.1.6 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. 2 City of Tamarac Purchasing & Contracts Division 4) Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement but no earlier than September 1, 2007. The work shall be completed no later than November 30, 2008. The City reserves the right, upon mutual written agreement of the consultant, to extend work beyond this date as may be required. 5) Contract Sum 5.1 The Contract Sum for the above work shall not exceed a total of Eighty - Eight Thousand, Three Hundred and Seventy -Five Dollars and no cents ($88,375.00). 5.2 In addition, the maximum rate for and individual consultant paid from the project funds will be paid no more than $950.00 per day for an eight hour (or less) workday. The day includes preparation, evaluation and travel time. The rate excludes travel and subsistence costs. 5.3 Time and effort records must be maintained. The Occupational Health and Safety Consultant budget is the not to exceed amount to meet the scope of the project across the life of the project as detailed in Section 4 "Schedule" of this Agreement herein. 6) Payments Payment will be made monthly for work that has been completed, approved, and properly invoiced. Invoices must bear the project name, project number, and purchase order number as applicable; and must include adequate supporting information to substantiate invoice. Invoices and supporting documentation shall be submitted within 30 days of occurrence. City has up to thirty (30) days to review, approve, and pay all invoices after receipt. All necessary Releases of Liens and Affidavits shall be processed before the warranty period begins. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VI I, 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 City of Tamarac & Contracts Division 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. 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 shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, 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 shall agree to post in conspicuous places, available to 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 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 City of Tamarac Purchasing & Contracts Division 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 AttorneX at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT Environment, Safety and Health, LC 9256 SE Venus Street Hobe Sound, Florida 33455 Banks Clark, Principal/Owner (877) 230-8327 (877) 230-8328 Fax M City of Tamarac Purchasing & Contracts Division 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 Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 12.2. Default by Consultant: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by 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) Uncontrollable Forces 13.1 Neither 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. 13.2 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. 14) 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. City of Tamarac 15) Venue V1Purchasing & Contracts Division 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. 16) 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. 17) 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. 18) 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. 19) 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. Remainder of Page Intentionally Blank 7 of Tamarac Purchasing & Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its Principal/Owner, duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk. Date CITY OF TAMARAC -- /11 tc'� Beth Flansbaum-Talabisco, Mayor _ elC/o� Date P7 Jeffre L. Nfiller, City Manager /07 Date: Approved as to form and legal sufficiency: C-4u� T %✓L6 3 City Attorney 46� � ATTEST: Environme Safety and Health, LC Company Wme None 007 (Corp rate Secretary) Signature of Principal/Owner None Type/Print Name of Corporate Secy (CORPORATE SEAL) Banks Clark Principal/O ner Date of Tamarac 0 Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OFLO,�J D!' .SS COUNTY OF M a-e—t//J 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 Banks Clark, Principal/Owner of Environment, Safety and Health, LC, a Florida Limited Liability Company, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 20fZ aff Notaryr u C e o d ��; Susan M Janes My canmiesim DDONA 10/28C101 Signatu a othotary Public State of Florida at Large -- - u sue' 0, '/Aa _ - Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced ® DID take an oath, or �] DID NOT take an oath. 0 City of Tamarac Purchasing & Contracts Division RFP #07-23R -- ATTACHMENT A Federal Mediation Conciliation Service (FMSC) Grant Maior Milestones MAJOR MILESTONES 1. Contract an Occupational Health & Safety Consultant 2. Attend goal setting sessions with the TESC (Tamarac Employee Safety Committee) and start identifying key functional employees from each division/ department to form teams to assist with identifying the top 3 sprain/strain causing tasks 3. Identify and conduct field Job Safety Assessment's (JSA's) and research with the TESC and teams for the top 3 sprain/strain causing tasks for each functional division /department 4. Train all functional employees on the specific safe job procedures for each division/department's top 3 strain/sprain causing tasks 5. Develop the communication plan with the TESC and Teams and present the training program(s) to be used to train functional employees on "How to Develop a JSA" 6. Train each division/department's team members on "How to Develop a JSA" 7. Work with the TESC and teams to refine the plan and develop 2 additional JSAs for each division/department 8. Train all functional employees on the specific safe job procedure for each division/department's 2 new JSAs by assisting each team 9. Develop a tracking system for the results, begin monitoring the progress, evaluate the outcomes for a reduction in sprains/strains, and refine the training and education plans as necessary with input from TESC members June 1 - August 31, 2007 Sept 1 - Oct 5, 2007 Oct 6, 2007 - January 27, 2008 Dec 1, 2007 - Feb 24, 2008 Feb 25 - March 29, 2008 April 1 - May 5, 2008 May 6 - July 29, 2008 July 30 - Sept 11, 2008 Sept 11 - Oct 8, 2008 10. Conduct a follow-up survey and meetings Oct 9 - Nov 30, 2008 with TESC members and teams regarding the sprain/strain program and culture, compare accident statistics and results and make adjustments as necessary R