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
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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.
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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