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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-315Temp. Reso. #9194 - October 25, 2000 Page 1 Rev. #1 - 11/13/00 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- .31� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF RFP 00-25R ENTITLED "TAMARAC PARKS, OPEN SPACE, RECREATION AND SOCIAL SERVICES MASTER PLAN" TO GLATTING, JACKSON, KERCHER, ANGLIN, LOPEZ AND RINEHART, INC.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR RFP 00-25R FOR AN AMOUNT NOT TO EXCEED $79,585.00; APPROVING ALL NECESSARY BUDGET TRANSFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is expected to reach build -out in 2010 with 65,000 residents; and WHEREAS, as the City approaches build -out there is less land available for parks, recreational facilities, nature areas and other open spaces; and WHEREAS, there has been a discernable shift in demographics over the last few years; and WHEREAS, the City Commission of the City of Tamarac has identified the acquisition of additional land for parks as a priority; and WHEREAS, the City of Tamarac publicly advertised RFP 00-25R entitled "Tamarac Parks, Open Space, Recreation and Social Services Master Plan" in the Sun -Sentinel on July 23 and July 30, 2000, hereto attached as Exhibit "A"; and Temp. Reso. #9194 - October 25, 2000 Page 2 Rev. #1 - 11/13/00 WHEREAS, proposals were solicited from nineteen (19) vendors and five (5) proposals were received and evaluated by the Evaluation Committee consisting of the Director of Parks and Recreation, Parks Superintendent, Planning and Zoning Manager, Special Projects Coordinator, and Management and Budget Analyst I, to determine responsiveness to the City's specifications and two proposers were requested to make presentations; and WHEREAS, Glatting, Jackson, Kercher, Anglin, Lopez and Rinehart, Inc. was determined to be the most responsive, responsible proposer; and WHEREAS, it is the recommendation of the Director of Parks and Recreation and Purchasing and Contracts Manager that the Tamarac Parks, Open Space, Recreation and Social Services Master Plan be awarded to Glatting, Jackson, Kercher, Anglin, Lopez, and Rinehart, Inc.; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the award of RFP 00-25R entitled "Tamarac Parks, Open Space, Recreation and Social Services Master Plan" to Glatting, Jackson, Kercher, Anglin, Lopez, and Rinehart, Inc. and to execute an Agreement, attached hereto as Exhibit "B", for an amount not to exceed $79,585.00. 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 upon adoption hereof. Temp. Reso. #9194 - October 25, 2000 Page 3 Rev. #1 - 11/13/00 SECTION 2: That RFP 00-25R entitled "Tamarac Parks, Open Space, Recreation and Social Services Master Plan" is hereby awarded to Glatting, Jackson, Kercher, Anglin, Lopez, and Rinehart, Inc. for an amount not to exceed $79,585.00. SECTION 3: That the appropriate City officials are hereby authorized to execute an Agreement with Glatting, Jackson, Kercher, Anglin, Lopez, and Rinehart, Inc. relating to the Tamarac Parks, Open Space, Recreation and Social Services Master Plan, SECTION 4: That all necessary budget transfers are hereby approved. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp. Reso. #9194 - October 25, 2000 Page 4 Rev. #1 - 11 /13/00 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thisAo?day of�/, 2000. ATTEST: All N SWENSON, CMC • CITY CLERK JO 77m� E SCHREIBER MAYOR RECORD OF COMM*S" VOTE MAYOR SCNREISEA DOT u COMM. DST 2: COMM. MISHKI14 DIST S: COMM. SuILTANOF DIST 4: VIM ROBERTS Temp. Reso. #9194 Exhibit "A" REQUEST FOR PROPOSAL RFP # 00-25R TAMARAC PARKS OPEN SPACE RECREATION AND SOCIAL SERVICES MASTER PLAN FINANCE DEPARTMENT PURCHASING DIVISION CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FLORIDA 33321-2401 TABLE OF CONTENTS Documents: Pa a No. Requests for Proposals 2-5 Instructions to Offerors 6 - 16 Scope of Services 17 - 24 Proposal Forms 25 - 32 Certified Resolution 33 Qualification Statement 34 - 39 Non Collusive Affidavit 40 - 41 Public Entity Statement 42 - 44 Foreign Corporation Statement 45 Vendor Drug Free Workplace Statement 46 Sample Form of Agreement 47 -54 1 0 City of Tamarac y rinance ueparrmenT, Nurcnasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamorac.org DATE: July 12, 2000 RFP NO.00-25R REQUEST FOR PROPOSALS ALL INTERESTED PARTIES: The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Proposals at the office of the Purchasing and Contracts Manager, City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, for furnishing the services described below: TAMARAC PARKS, OPEN SPACE, RECREATION AND SOCIAL SERVICES MASTER PLAN Sealed Proposals must be received and time stamped in by the Purchasing Office, either by mail or hand delivery, no later than 2:00 p.m. local time on Wednesday, August 16, 2000. Any Proposals received after 2:00 p.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Offeror. Proposals are subject to the attached Standard Terms and Conditions contained in the Instructions to Offerors. 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 offerors, or take any other such actions that may be deemed to be in the best interests of the CITY. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For inquiries, contact the Purchasing Office at (954) 724-2450. Anne M. Lodato, CPPB Senior Buyer Publish Sun Sentinel: Sunday, 7/23/00 Sunday, 7/30/00 Equal Opportunity Employer I. STATEMENT OF THE WORK The City of Tamarac (pop. 53,000) is seeking proposals from qualified proposers, hereinafter referred to as the Consultant, to develop a comprehensive 20 year Tamarac Parks, Open Space, Recreation and Social Services Master Plan in accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP). See Attachment "A". 11. SCOPE OF SERVICES 111. PROPOSAL REQUIREMENTS 1. Scope of Services Proposed Clearly describe the scope of services proposed inclusive. A brief statement must be included which explains why your approach and plan would be the most effective and beneficial to the residents of the City of Tamarac. The proposal must address a commitment to continuous prosecution of the scope of services proposed within the contract period. 2. Firm Qualifications This section of the Proposal should give a description of the firm, including the size, range of activities, etc. Particular emphasis should be given as to how the firm's wide experience and expertise in the area of Parks, Recreation and Social Services Master Plan will be brought to bear on the proposed work. Provide detailed narrative specifically describing how the Tamarac Parks, Open Space, Recreation and Social Services Master Plan study will be conducted (please address each component described in the scope of the project.) This section must also identify the contact person and supervisory personnel who will be responsible for the provision of services. 3. References Provide a list and description of similar services satisfactorily performed within the past three (3) years. For each engagement listed, include the name and telephone number of a representative for whom the engagement was undertaken who can verify satisfactory performance. 3 4. Price Proposal Submit your signed, firm, fixed price proposal for providing all services, materials, etc., required for the services in accordance with your technical proposal to the City of Tamarac. 5. Proposal Copies Submission of ONE (1) ORIGINAL and FIVE (5) COPIES of the proposal should be submitted to the City of Tamarac, City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, to the attention of Anne M. Lodato, CPPB, Senior Buyer. 6. Addenda Additional Information Any addenda or answers to written questions supplied by the City to participating Offeror's become part of this Request for Proposal and the resulting contract. This Proposal form shall 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 Offeror as a result of any discussions with any City employee. Only those communications which are in writing from the Purchasing and Contracts Manager or designee may be considered as a duly authorized expression. Also, only communications from Offerors which are signed and in writing will be recognized by the City as duly authorized expressions on behalf of the Offeror. IV. EVALUATION OF PROPOSALS Evaluation Method and Criteria Proposals will be evaluated in accordance with weighted criteria listed below: POINT RANGE The firms overall qualifications and experience related to similar projects and their technical competence and resources to carry out the project successfully. 25 Points A demonstrated understanding of the project and the work required as well as the thoroughness and conciseness of the firm's proposal. 20 Points Record of completing projects on time and within budget. 20 Points Fee Proposal 15 Points Positive record of working successfully with city staffs and advisory committee members and providing effective leadership within public forums in similar studies. 20 Points TOTAL 100 Points 4 Proposals may be selected for an interview prior to a recommendation being presented to the City Commission. As the best interest of the City may require, the right is reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. V. SCHEDULE OF EVENTS The schedule of events, relative to the procurement shall be as follows: Event 1. Issuance of Request for Proposals 2. Opening of Proposals 3. Proposal Evaluations & Presentations 4. Award of Contract CITY reserves the right to delay scheduled dates. VI. AWARD OF CONTRACT Date (on or by) 07/21 /00 08/16/00 08/17/00 — 09/1/00 09/13/00 The contract or contracts shall be awarded to the responsible Offeror(s) whose Proposal(s) is/are determined to be the most advantageous to CITY, taking into consideration the evaluation factors and criteria set forth in the Request for Proposals. Be advised that the CITY is prepared to award individual contracts for each service or multiple services or any other combination of services as the CITY deems in its best interests. VII. INSURANCE PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. 61 INSTRUCTIONS TO OFFERORS STANDARD TERMS AND CONDITIONS RFP 00-25R 1. DEFINED TERMS 1.1 Terms used in these Instructions to Offerors are defined and have the meaning assigned to them. The term "Offeror" means one who submits a Proposal directly to CITY as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. The term "Successful Offeror" means the qualified, responsible and responsive Offeror to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. The term "CITY" refers to the City of Tamarac, a municipal corporation of the State of Florida. The term "Proposal Documents" includes the Request for Proposals, Instructions to Offerors, Proposal, Qualifications Statement, Non -Collusive Affidavit and Public Entity Crime Statement, Corporate Resolution or Letter of Transmittal, Proposal Security and Specifications, if any, and the proposed Contract Documents, if any, (including all Addenda issued prior to receipt of Proposals). The term "CONSULTANT' shall mean the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. 2. SPECIAL CONDITIONS 2.1 Any and all Special Conditions that may vary from the General Conditions shall have precedence. 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 Before submitting a Proposal, each Offeror must (a) visit the site to familiarize themselves with the facilities and equipment that may in any manner affect cost, or performance of the work; (b) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, or performance of the work, (c) study and carefully correlate the Offeror's observations with the Proposal Documents; and (d) notify the Purchasing and Contracts Manager or designee of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 3.2 The Offeror, by and through the submission of a Proposal, agrees that they shall be held responsible for having examined the facilities and equipment; familiarized themselves with the nature and extent of the work and any local conditions that may affect the work to be done and the equipment, materials, parts and labor required. [• 4. SPECIFICATIONS 4.1 The apparent silence of the Specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement. 4.2 For the purpose of evaluation, the Offeror must indicate any variance or exceptions to the stated Specifications, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Offeror meets all the Specifications in every respect. 4.3 Any manufacturers' names, trade names, brand names, information and/or catalog numbers used herein are for the purpose of describing and establishing a general standard of quality, performance and characteristics and are not intended to limit or restrict competition. The Offeror may offer any brand, which meets or exceeds the specifications for any item(s). If a Proposal is based on equivalent products, indicate on the Proposal the manufacturer's name and catalog number. Offeror shall submit with their Proposal complete, descriptive literature and/or specifications. The Offeror should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. The determination of equivalency shall rest solely with the CITY. If Offeror fails to name a substitute, it will be assumed that they are bidding on and they will be required to furnish goods identical to Proposal standards. S. INTERPRETATIONS AND ADDENDA 5.1 If the Offeror should be in doubt as to the meaning of any of the Proposal Documents, is of the opinion that the Conditions and Specifications contain errors or contradictions or reflect omissions, or has any question concerning the conditions and specifications, they shall submit a written request directed to the Purchasing and Contracts Manager or designee for interpretation or clarification. Such request must reference the date of Proposal opening and Proposal number and should be received by the Purchasing and Contracts Manager or designee at least ten (10) calendar days before the date of the formal opening of the Proposals. Questions received less than ten (10) calendar days prior to the Proposal opening shall not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda by certified mail, 7 return receipt requested, mailed to all parties recorded by CITY'S Purchasing and Contracts Manager or designee as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. 6. COSTS AND COMPENSATION 6.1 Costs and compensation shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extensions or totals, unit amounts shall govern. 6.2 All costs and compensation shall remain firm and fixed for acceptance for nine 90 calendar days after the day of the Proposal opening. 6.3 The costs and compensation proposed shall include all franchise fees, royalties, license fees and other costs arising from the use by such design, equipment and/or materials in any way involved in the work as well as all costs of transporting and service to the required locations. 7. NON -COLLUSIVE AFFIDAVIT AND PUBLIC ENTITY CRIME FORMS 7.1 Each Offeror shall complete the Non -Collusive Affidavit, and the Public Entity Crimes Form and shall submit the forms with the Proposal. CITY considers the failure of the Offeror to submit these documents to be a major irregularity and may be cause for rejection of the Proposal. 8. CONFLICT OF INTEREST 8.1 The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of CITY or any of its agencies. Further, all Offerors must disclose the name of any officer or employee of CITY who owns, directly or indirectly, an interest of five percent (5%) or more in the Offeror's firm or any of its branches or affiliate companies. 9. PERFORMANCE BONDS AND INSURANCE 9.1 Prior to acceptance of the proposal, the Successful Offeror, when required by the Special Conditions, shall submit performance bonds, certificates and/or policies of insurance in the manner, form and amount(s) specified in the Special Conditions. E:3 10. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS 10.1 The following is a summary of documents, which MUST to be submitted by the Offerors: (a) Proposal and Offeror's Certification (b) Certified Resolution (c) Qualifications Statement (d) Non -Collusive Affidavit (e) Public Entity Crimes Statement (f) Offeror's Corporate Statement (g) Certificate(s) of Insurance (h) Vendor Drug Free Workplace Statement 11. SUBMISSION OF PROPOSALS 11.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Offeror must be initialed. 11.2 Proposals must contain a manual signature of the authorized representative of the Offeror. Proposals shall contain an acknowledgment of receipt of all Addenda. The address and telephone number for communications regarding the Proposal must be shown. 11.3 Proposals by corporations must be executed in the corporate name by the President or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. 11.4 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 Proposals shall be submitted at or before the time and at the place indicated in the Request for Proposals and shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope shall be clearly marked on the exterior "PROPOSAL FOR TAMARAC PARKS, OPEN SPACE, RECREATION AND SOCIAL SERVICES MASTER PLAN," and shall state the name and address of the Offeror and shall be accompanied by any other required documents. No responsibility will attach to the Purchasing Office for the premature opening of a Proposal not properly addressed and identified. 11.6 In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable state and federal law, the Request for Proposal and the responses thereto are in the public domain. However, the Offerors are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. 11.7 All Proposals received from Offerors in response to the Request for Proposal will become the property of CITY and will not be returned to the Offerors. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of CITY. 12. MODIFICATION AND WITHDRAWAL OF PROPOSALS 12.1 Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the deadline for submitting Proposals. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so. Evidence of such authority must accompany the request for withdrawal or modification. Withdrawal of a Proposal will not prejudice the rights of an Offeror to submit a new Proposal prior to the Proposal opening date and time. After expiration of the period for receiving Proposals, no Proposal may be withdrawn or modified. 12.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed, written notice with CITY and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of CITY by clear and convincing evidence there was a material and substantial mistake in the preparation of its Proposal, or that the mistake is clearly evident on the face of the Proposal but the intended correct Proposal is not similarly evident, then Offeror may withdraw its Proposal and the Bid Security will be returned. Thereafter, the Offeror will be disqualified from further bidding on the subject Contract. 13. REJECTION OF PROPOSALS 13.1 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 with the Successful Offeror, and the right to disregard all nonconforming, non- responsive, unbalanced or conditional Proposals. Proposal will be considered irregular and may be rejected, if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized 10 alterations, or irregularities of any kind. 13.2 CITY reserves the right to reject the Proposal of any Offeror if CITY believes that it would not be in the best interest of the CITY to make an award to that Offeror, whether because the Proposal is not responsive or the Offeror is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. 14. QUALIFICATIONS OF OFFERO 14.1 Each Offeror shall complete the Qualifications Statement and submit the same with his Proposal. Failure to submit the Qualifications Statement and the documents required thereunder with the Proposal may constitute grounds for rejection of the Proposal. 14.2 As a part of the Proposal evaluation process, CITY may conduct a background investigation, including a record check by the Broward Sheriffs Office of Offeror. Offeror's submission of a Proposal constitutes acknowledgement of the process and consent to such investigation. 14.3 No proposal shall be accepted from, nor will any contract be awarded to, any person, who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to CITY, or who is deemed irresponsible for unreliable by CITY. 14.4 CITY reserves the right to make a pre -award inspection of the Offeror's facilities and equipment prior to award of Contract. 15. INSURANCE 15.1 Consultant agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Consultant, its employees, agents, or Subcontractors, if any, with respect to the work and services described herein. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. 11 Consultant shall indemnify and save the City harmless from any damage resulting to it for failure of either Consultant or any Subcontractor to obtain or maintain such insurance. 15.2 The following are required types and minimum limits of insurance coverage, which the Consultant agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 15.3 Neither Consultant nor any Subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Consultant will ensure that all Subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. 15.4 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. IM The Consultant's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Consultant's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Consultant shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Consultant purchase a bond to cover the full amount of the deductible or self -insured retention. If the Consultant is to provide professional services under this Agreement, the Consultant must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability. 15.5 The Successful Offeror agrees to perform the work under the Contract as an independent Consultant, and not as a subcontractor, agent or employee of CITY. 16. INDEMNIFICATION 16.1 GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations, Successful Offeror shall indemnify, defend, save and hold harmless the CITY, its officers, elected officials, agents and employees, harmless from any and all claims, damages, losses, liabilities and expenses, direct, indirect or consequential arising out of or in consequential arising out of or alleged to have arisen out of or inconsequential arising of the products, goods or services furnished by or operations of the Successful Offeror or their subcontractors, agents, officers, employees or independent Consultants pursuant to the Contract, specifically including but not limited to those caused by or arising out of (a) any act, omission or default of the Successful Offeror and/or their subcontractors, agents, servants or employees in the provision of the goods and/or services under the Contract; (b) any and all bodily injuries, sickness, disease or death; (c) injury to or destruction of tangible property, including the loss of use resulting there from; (d) the use of any improper materials; (e) a defective condition in any goods provided pursuant to the Contract, whether patent or latent; (f) the violation of any federal, state, county or municipal laws, ordinances or regulations by Successful Offeror, their subcontractors, agents, servants, independent Consultants or employees; (g) the breach or alleged breach by Successful Offeror of any term, warranty or guarantee of the Contract. 16.2 The Successful Offeror 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 13 (including appellate attorney's fees) and costs. 16.3 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 Successful Offeror 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. 17. WARRANTIES 17.1 Successful Offeror warrants to CITY that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Offeror is a party. 17.2 Successful Offeror warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 17.3 Successful Offeror warrants to CITY that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 17.4 All warranties made by Successful Offeror together with service warranties and guaranties shall run to CITY and the successors and assigns of CITY. 18. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 18.1 During the performance of the Contract, the Successful Offeror shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading; 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 Successful Offeror(s) 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. 14 19. TAXES 19.1 Successful Offeror shall pay all applicable sales, consumer use and other similar taxes required by law. 20. PERMITS. FEES AND NOTICES 20.1 Successful Offeror shall secure and pay for all permits and fees, licenses and charges necessary for the proper execution and completion of the work. The costs of all permits, fees, licenses and charges shall be included in the price Proposal, except where expressly noted in the specifications requirement. 21. TERMINATION FOR CAUSE AND DEFAULT 21.1 In the event Successful Offeror shall default in any of the terms, obligations, restrictions or conditions in any of the Proposal documents, CITY shall give written notice by certified mail, return receipt requested to Successful Offeror of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within ten 10 calendar days thereof. In the event Successful Offeror has failed to correct the conditions of default or the default is not remedied to the satisfaction and approval of CITY, CITY shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case Successful Offeror shall be liable for all procurement and reprocurement costs and any and all damages permitted by law arising from the default and breach of the Contract. 22. TERMINATION FOR CONVENIENCE OF CITY 22.1 Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Successful Offeror, CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for CITY's convenience whenever CITY determines that such termination is in the best interests of CITY. Where the agreement is terminated for the convenience of CITY, the notice of termination to Successful Offeror must state that the Contract is being terminated for the convenience of CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, Successful Offeror shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. 15 23. AUDIT RIGHTS 23.1 CITY reserves the right to audit the records relating to this contract of Successful Offeror at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, Successful Offeror shall agree to submit to an audit by an independent certified public accountant selected by CITY. Successful Offeror shall allow CITY to inspect, examine and review the records of Successful Offeror at any and all times during normal business hours during the term of the Contract. 24. ASSIGNMENT 24.1 Successful Offeror shall not assign, transfer or subject the Contract or its rights, title or interests or obligations therein without CITY'S prior written approval. 24.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Offeror and CITY may, at its discretion, cancel the Contract and all rights, title and interest of Successful Offeror shall thereupon cease and terminate. W. ATTACHMENT "A" RFP 00-25R TAMARAC PARKS OPEN SPACE RECREATION AND SOCIAL SERVICES MASTER PLAN SCOPE OF SERVICES Successful proposer, hereinafter referred to as the Offeror, shall enter into an Agreement with the City of Tamarac, Florida (pop. 53,000) herein after referred to as the CITY, for the purpose of developing a comprehensive 20 year Tamarac Parks, Open Space, Recreation and Social Services Master Plan in accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP). The scope of this project includes the following components: COMMUNITY PROFILE: A. Research and identify unique qualities, geography, demographics, and trends specific to the Tamarac community that will affect Master Plan considerations for the future. B. Relevant goals and policies of local planning studies (Comprehensive Plan, Transportation Plan, as well as pertinent state or regional plans (SCORP, statewide demographic trends) should be considered where Master Plan recommendations will be effected. INVENTORY AND ASSESSMENT PARKS SYSTEM RESOURCES: A. Describe the inventory and conditions of existing parklands and other recreation facilities. B. Work with staff to identify and define immediate needs and desired improvements within existing developed parks and greenways. Determine long-range needs. C. Review the National Parks and Recreation Association's "Park, Recreation, Open Space, and Greenway Guidelines" (1995). Combine and incorporate these recommendations and guidelines as a basis for discussion and comparison when measured against information and findings gained through the Tamarac Master Plan study and process. 17 D. Develop strategies and information needs with staff, then prepare and conduct a scientific community -wide needs assessment (including public opinion profile) and other public input surveys to determine current interests and levels of park use, future parks development needs and interests, public priorities and willingness to support different funding levels and funding options now and in the future. Identify and discuss major issues/concerns specific to Tamarac. E. Evaluate community access to parks, facilities, and services. Establish local planning guidelines and standards for adequate access to recreation facilities and parks (consider pertinent park types i.e.: neighborhood, community, regional as well as greenways, open space, and parkland corridors). Prepare an analysis of existing and future neighborhood areas, projected service populations, and parkland allocation recommendations within the urban growth boundary based on growth, transportation, and safety. Identify and discuss current and anticipated access issues including barriers to participation. Make specific recommendations addressing access solutions and future needs including parkland acquisition and development. F. Identify, inventory, and rank unique natural and other open space resources for potential park system acquisition and/or parks development opportunity within the community. G. Inventory and evaluate existing school district properties (developed and undeveloped) for potential open space and/or recreational value. Address "shared facilities" issues with specific regard to community -wide parks development needs. With city staff, meet with school administrators to assess combined community parks/school grounds development potentials. H. Determine value of floodplain resources with regard to future recreational uses and aesthetic value. Evaluate and map floodplain areas for potential "trail networks" or "recreation corridor" potentials. I. Establish and recommend a "criteria for park land acquisition" policy which defines acquisition priorities, satisfies long range maintenance objectives, and accomplishes parks system master plan goals and implementation schedules toward establishing an integrated network of park resources and facilities within the fiscal limitations of the community. J. Review Tamarac's planning and economic development ordinances pertinent to parks development issues. Propose amendments and/or new ordinances as needed to accomplish parks development goals and objectives. `E3 K. Create and recommend a 20 year parks development Capital Improvement Plan (CIP) and implementation schedule including immediate and long range budget projections. This should include projections of all costs associated with capital Improvements within existing parks, development and build out of undeveloped parks, and. acquisition and development of future park sites and related facilities. This is considered a critical Component to the study. L. Provide evaluation and analysis of current management and operations practices giving specific attention to parks maintenance and staffing with recommendations pertinent to future growth of parklands (consideration should be given to park land classifications), buildings and facilities, and related services. Project cost-effective funding levels necessary to adequately sustain recommended levels of maintenance and service in these areas. NRPA "levels of maintenance standards" should be used to help define recommendations. INVENTORY AND ASSESSMENT: SOCIAL SERVICE AND RECREATION PROGRAMS SERVICES: A. Inventory available social service and recreation programs, recreation facilities, and related services. B. Work with staff to evaluate existing levels of social service and recreation program services and determine adequacy of current social service and recreation opportunity for all city residents. C. Conduct a scientific community -wide needs assessment (can be combined with a parks assessment) to determine current levels of participation, and public satisfaction with existing programs, facilities, and services. Determine public interests, desires, expectations, and priorities for the future including the public's willingness to fund expanded programs and services. Project future participation trends, needs, and issues of "equitable distribution of service and opportunity" for all ages and income levels. D. Identify specific areas of public need and community interest with regard to program types (sports, outdoor, aquatic, cultural arts, special events, etc.) and populations served (children, teens, adult, senior, family, disabled, including issues of ethnic diversity). E. Analyze and discuss access and opportunity to participate in programs and services with regard to daily/weekly time -frames and schedules, seasonal adjustments, and other factors affecting participation choices. Make recommendations to improve planning and scheduling effectiveness to maximize opportunity and participation. `91 F. Review and evaluate current public relations, publicity, marketing, and other promotional efforts to determine effectiveness within the community. Recommend cost effective methods and practices that will improve public awareness of programs and services. G. Review and discuss existing funding mechanisms and cost recovery practices for recreation programs and services. Review "self-support programs" and recommend appropriate levels of cost recovery through fees. Recommendations should balance cost recovery with issues of affordability. FUNDING: A. Provide a thorough analysis of existing funding practices, sources of funds, and funding levels for both "parks and facilities" and "social service and recreation programs and services." B. Project long-range funding levels required to support Master Plan goals and objectives relative to anticipated growth, development, and long term maintenance;. Describe methodologies and models used to determine projected costs. C. Identify new or alternative sources of funds that might reasonably be developed to supplement existing funding methods. Identify and discuss new funding practices (i.e.: inter -agency or public -private partnerships, other) that might present long-term funding stability. D. Recommend a long-term funding strategy(s) that combines and incorporates a diversity of funding options and techniques that will effectively support and achieve Master Plan goals and objectives for both parks development and recreational services. COMMUNITY INVOLVEMENT: A. Involve as many Tamarac residents in the development of the Master Plan as possible. To encourage community -wide involvement, utilize several public input methodologies (neighborhood meetings, community forums, questionnaires, presentations, focus groups, newsletters, displays, and telephone surveys). Public involvement is a critical component to the study. COMPARATIVE ANALYSIS: A. Compare findings and recommendations for Tamarac to recognized national and state standards as well as adopted "levels of service" from like communities in Florida. 20 B. Based on citizen input and community profile, identify and address major issues, concerns, and challenges specific to Tamarac that will affect parks, open space, and recreation service decisions now and in the future. C. Propose parks, recreation, and open space recommendations that are progressive while remaining prudent for communities with like resources. MASTER PLAN DOCUMENT: A. Compile findings and recommendations from above study components into one or more documents, which together identify community priorities and define Tamarac's comprehensive Park, Recreation, Open Space and Social Services Master Plan for the future (20 yrs.) B. A separate "executive summary" of the Master Plan report shall be provided. An executive summary narrative will be included within all study component documents. The Master Plan shall include: A long range vision for the Tamarac Parks and Recreation Department and Office of Social Services including specific goals and priorities that incorporate all findings from each of the above study components and particularly reflect community interest and significant levels of support. A well-defined, long-range plan for an integrated network of parks, community facilities, bikeways, open spaces, and recreational corridors for the future; community parks and facilities resource maps that graphically identify the existing and proposed components of this system (this should include identification of park types, future acquisition and development plans, solutions addressing neighborhood and community access issues; and guidelines and proposals for creative uses of floodplain and/or other unique natural areas for low intensity recreation, resource protection, trails, connecting corridors, etc.) A framework for maximizing citizen use and enjoyment of existing parks, facilities, and recreation services. A framework for meeting future needs and achieving long range parks system development and recreation program services goals. A specific action plan for the next 6 years that implements standards, guidelines, policies and recommendations of the Master Plan, particularly the Capital Improvement Plan (CIP) for parks system development. This plan should address administration and management as well as maintenance and operations for both parks development and recreation program services. 21 Specific funding recommendations and strategies which support immediate (6 yrs.) and long range (20 yrs.) parks development and recreation program development needs while responding to the community's "willingness to pay" attitudes and priorities. Recommendations should be based on specific cost projections identified under parks development goals (particularly the CIP) and projected growth of recreational services. Maintenance and operations standards and guidelines for providing quality, safe, and cost-effective maintenance operations and practices. Determine funding and staffing levels commensurate with maintenance and operations responsibilities. Recommendations for improved public relations and communications to maximize community awareness of Parks and Recreation Department programs services. Firms submitting proposals are encouraged to revise and improve the request for proposal, including the work items as necessary, and to make subsequent modifications of the proposal before submission, as a demonstration of their expertise and competence with quality consulting work and procedures. GENERAL REQUIREMENTS OF CONSULTANT: 1. The consultant will hold regular consultations with City staff to review progress, present information, and recommend direction, for the remaining portions of the project. These meetings will occur as needed but not less than once a month throughout the project period. 2. The consultant will plan and facilitate public workshops including several neighborhood meetings as necessary to accomplish comprehensive public input. The consultant will prepare and make presentations before the Planning Commission and City Commission as necessary to accomplish support for and successful adoption of Master Plan recommendations. This will include presentation of draft as well as final master plan documents for approval. 3. The consultant will provide six draft copies of all reports and maps for review and comment by City staff at least three weeks prior to the presentation of project findings and recommendations. 4. The consultant will provide twenty professionally bound copies of the final, adopted Tamarac Parks, Open Space, Recreation and Social Services Master Plan and separate "Executive Summary." Significant Master Plan study components (Le.: needs assessments) and support materials should also be bound and provided. All other support materials, data files, maps, and significant project records and documentation will be provided upon submittal of final report. 22 GENERAL REQUIREMENTS OF THE CITY: The City will provide the use of existing City maps, aerials and AutoCAD base map for design and reproduction purposes. The City will provide existing studies and reports including Tamarac's Comprehensive Plan, Urban Growth Plan, and Transportation Plan, Land Use inventory, and other pertinent community development plans, which may effect Master Plan decisions and recommendations. The City will provide Tamarac's Comprehensive plan policies, zoning ordinances, and land division ordinances pertinent to the Master Plan study. The City will provide existing financial and other parks development and recreational programs services data as necessary. The City will perform other tasks related to the scope of work as negotiated with consultant. PROPOSAL EVALUATION CRITERIA: Submitted proposals will be evaluated by City staff following the closing date for submission. The following evaluation criteria and scoring system will be used by the review committee: 1. The firms overall qualifications and experience related to similar projects and their technical competence and resources to carry out the project successfully (25 points). Provide a thorough background and qualifications Summary. Provide a list of the project Manager and all key personnel to be utilized on the study, including a description of their qualifications and skills (include same for any sub -consultants on the project). Describe the firm's understanding of community parks and recreation services and the issues commensurate to the provision of such services. Include a thorough example of successful Park, Recreation and Open Space master planning experience. Expertise with successful SDC studies must also be stated. References from three or more Master Plan projects of a similar nature are required (include owner's name, name of project, project contact person and phone #). 23 2. A demonstrated understanding of the project and the work required as well as the thoroughness and conciseness of the firm's proposal (20 Points). Provide a brief narrative indicating full understanding of the project and related work required. Provide detailed narrative specifically describing how the Tamarac Parks, Open Space, Recreation and Social Services Master Plan study will be conducted (please address each component described in the scope of the project.) Describe key work phases and a detailed description of specific tasks. Identify key personnel (including sub -consultants) who will be assigned to each major task. Include a description of their prior experience with similar projects. Describe anticipated person -hours by staff category applied to each task. This will demonstrate how consultant will focus effort within the project. Project goals, anticipated outcomes, and time frames for completion including work plan schedule (target completion date is April, 2001 or approximately 6 months after award of contract, however, proposers may suggest alternative). Key provisions of the proposal should be clearly identified with time frames. 3. Record of completing projects on time and within budget (20 Points). 4. Fee Proposal (15 Points). 5. Positive record of working successfully with city staffs and advisory committee members and providing effective leadership within public forums in similar studies (20 Points). Include a discussion of roles for City staff, Master Plan advisory committee members, and consultants during the study period. Provide an outline of how the Master Plan advisory committee can be most effective throughout the study period and how often they should meet during this period. Discuss strategies when requesting recommendation approvals from City Commission and Planning Commissions. Selection of a consultant may be made direct from submitted proposals or the City may conduct supplemental interviews. If interviews are held, the City will schedule approximately 45 minutes for each interview. The selection criteria will remain the same as above. 24 PROPOSAL FORM FOR TAMARAC PARKS OPEN SPACE RECREATION AND SOCIAL SERVICES MASTER PLAN REQUEST FOR PROPOSAL NO. 00-25R SUBMITTED TO: City of Tamarac Purchasing & Contracts Manager 7525 NW 88`h Avenue Tamarac, Florida 33321 1. The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an Agreement with CITY to perform and furnish all work as specified or indicated in the Proposal and Contract Documents for the Contract price and within the Contract time indicated in the Proposal and in accordance with the other terms and conditions of the Proposal and Contract Documents. 2. Offeror accepts and hereby incorporates by reference in this Proposal Form all of the terms and conditions of the Request for Proposal and Instructions to Offerors, including without limitation those pertaining to the disposition of Proposal Security. 3. The Offeror has become fully informed concerning the local conditions, and nature and extent of work, and has examined all Contract Documents. 4. Offeror has given the Purchasing and Contracts Manager or designee written notice of all conflicts, errors or discrepancies that it has discovered in the Contract and/or Proposal documents and the written resolution thereof by the Purchasing and Contracts Manager or designee is acceptable to Offeror. 5. Offeror proposes to furnish all labor, materials, equipment, machinery, tools, transportation, supplies, services, and supervision for the work described as follows: mi 6. Offeror will provide services to the public for the following costs: DESCRIPTION TOTAL COST TOTAL PRICE FOR THE DEVELOPMENT OF A COMPREHENSIVE 20 YEAR TAMARAC PARKS, OPEN SPACE, RECREATION AND SOCIAL SERVICES MASTER $ 4 qi i000 PLAN. 7. Acknowledgement is hereby made of the following Addenda (identified by number) received since issuance of the Request for Proposal: Addendum No. Date Addendum No. Date Addendum No. Date 8. The following documents are attached to and made as a condition to this Proposal: (a) Proposal and Offeror's Certification (b) Certified Resolution (c) Qualifications Statement (d) Non -Collusive Affidavit (e) Public Entity Crimes Statement (f) Offeror's Foreign (Non -Florida) Corporate Statement (g) Certificate(s) of Insurance (h) Vendor Drug -Free Workplace 10, PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. 11, The CITY reserves the right to award this contract on the basis of any combination of the above items, or all items, in which the CITY deems in its best interests. P41. OFFEROR'S CERTIFICATION WHEN OFFEROR IS A CORPORATION IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this Irth day of uGust �., 20 00o (CORPORATE SEAL) ATT ST By ah Se(ffetar/ / Jacksnn KPrnhPrAngl *in, et al Printed Name of Corporation Florida Printed "S-Statteoff1101 By: Signature of President or th r authorized officer WlLtI404 G. - Printed Name of President or other authorized officer 222 Clematis St, Suite 200 Address of Corporation City/State/Zip Business Phone Number On this the day of , 20 , before me, the undersigned Notary Public of the State of , the foregoing instrument was acknowledged by Name of corporate officer(s) and his/her/their corporate title(s)] of , on (Name of corporation and state or place of incorporation) behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (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. OPTIONAL INFORMATION. - Type of Document: Number of Pages: Number of Signatures Notarized: CERTIFIED RESOLUTION I, William J. Anglin, Jr. (Name), the duly elected Secretary of Glatting Jackson Kercher Anglin Lopez RinehartInc. (Corporate Title), a corporation organized and existing under the laws of the State of Florida , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporate at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT David L. Barth (Name)", the duly elected Vice President (Title of Officer) of Glatting_ Jackson _Kercher_Anglin _Lopez Rinehart,_ Inc. (Corporate Title) be and is hereby authorized to execute and submit a Bid and 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. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATUR David L. Barth Vice President Given under my hand and the Seal of the said corporation this 11 day of Au ust , 2000. AI (SEAL) By: liGly Secretary Glatting Ja son Rinehart.) c. Corporate Title Anglin Lopez NOTE: 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. OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac (Purchasing and Contracts Manager) 7525 NW 88t' Avenue Tamarac, FL 33321 SUBMITTED BY: Glatting Jackson Kercher Anglin CIRCLE ONE Lopez Rinehart, Inc. oratio NAME: David L. Barth, Principal _ Partnership ADDRESS: _ 222 Clematis Street, Suite 200, WPB, FL„ Individual PRINCIPAL OFFICE: 33 E. Pine Street, Orlando Other State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Glattinq Jackson Kercher Anglin Lopez Rinehart. Inc. The address of the principal place of business is: 222 Clematis Street, Suite 200, West Palm Beach, FL 33401 2. If Offeror is a corporation, answer the following: a. Date of Incorporation: 1974 b. State of Incorporation: Florida C. President's name:_ _ _ William C. Kercher, Jr. T. T. Jackson, J. F. Rinehart, W. M. Kulash d. Vice President's name: D. L. Barth,-S. K. Lamantia, J. R. Hood, J. H. Exum, Jr. e. Secretary's name: William J. Anglin, Jr. f. Treasurer's name: _ _ Sergio R. Lopez g. Name and address of Resident Agent: Patrick_C. Crowell, Esq. 320 N. Magnolia Avenue Suite B9 Orlando FL 32801 34 3. If Offeror is an individual or a partnership, answer the following: a. Date of organization: N/A b. Name, address and ownership units of all partners: N/A C. State whether general or limited partnership: N/A 4. If Offeror is other than arr individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 16 - a. Under what other former names has your organization operated? Glatting Lopez Kercher Anglin, Inc. 1984 Glattina Sellen Lopez Anglin, Inc. 1982� _ Glatting Lopez Sellen, Inc. _ 1980 7. Indicate registration, license numbers or certificate numbers for the businesses or professions which are the subject of this Bid. Please attach certificate of competency and/or state registration. Please see attached. 8. Do you have a complete set of documents, including addenda? (Y) ✓ (N) (if any have been furnished) 35 9. State the names, telephone numbers and last know addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references. City of West Palm Beach, Laura Schuppert,_ 1100 Southern Blvd, WPB. 561-835-7042 _ (name) (address) (phone number) ,_ �^, ,es, 305-460-5620 City o oral Gables, Joe e _ University Dr Coral Gables, .. _,.,_.. (name) (address) (phone number) City of Palm Beach Gardens Susan Miller, 4404 Burns Rd PBG 561-775-8240 (name) (address) (phone number) 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary. Please see resumes included in this package 11. State the name of the individual who will have personal supervision of the work: David L. Barth, Principal 12. State the name and address of attorney, if any, for the business of the Offeror: 13. Patrick C. Crowell, Esq, _ 320 N. Magnolia Avenue Suite B9 Orlando FL 32801 14, State the name and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 36 14. State the name, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc__,....___. .. .�.. Community Planning 15. State the name of Surety Company which will be providing the bond, and name and address of agent: /s1 16. Bank References: BANK • ADDRESS Sun Trust Bank 215252143608 Mr. Scott Wilmeth 407-237-5253 17. List below and identify the address, telephone number, and capacity (inside and outside storage) of the principal and any Subsidiary Compounds proposed for the contract. N/A (use additional sheets if necessary) 18. List below the equipment, including type, year, and condition, that you propose for the contract. N/A (use additional sheets if necessary) 37 19. Do you have any interest in an automotive or truck repair, paint and body, salvage, junkyard, or re -cycling business? yes X no If Yes, explain details including name, address and relationship to Proposer below: (use additional sheets if necessary) 20. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: N/A a. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract: N/A b. List all pending lawsuits which are concerned directly with the staff or part of your organization proposed for the contract: N/A THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATINO IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHILL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR -CONTRACT. ignature) c: State of Florida County of -Palm ��rh On this the _? I day of ,,�R� , 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 the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: INGE DECEGLIA BRAWNER MY COMMISSION 0 CC 637633 �.� EVIRES. Apol10,2001 '•??r BO(Wed ThM NoWy Public UndeMAlmfS Op- C'a"C) NOTA PUBLIZSTATff OF FLORIDA Inge DeCe lia Brawner (Name of Notary Public: Print, Stamp, or Type as Commissioned.) personally known to me, or ❑ Produced identification: (Type of Identification Pr duced ❑ DID take an oath, or 9 DID NOT take an oath. OPTIONAL INFORMATION: Type of Document: Number of Pages:_ Number of Signatures Notarized: 39 NON -COLLUSIVE AFFIDAVIT State of FlorjdA) )ss. County of Palm Bach ) David L. Barth and says that: being first duly sworn, deposes (1) He/she is the a Partner - Vice President , (Owner, Partner, Officer, Representative or Agent) of Glatting Kackson Kerche_rAnglin etathe Offeror that has submitted the attached Proposal; , (2) He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Offeror 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 Offeror, 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 Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure trough 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 Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. 40 Signed, sealed and delivered in the presence of: State of Florida County of Palm Beach AddIC 9-m-AL T'4' j%!j 1�', David L. Barth (Printed Name) Vice President (Title) On this the 11 day of _August , 20 00, before me, the undersigned. Notary Public of the State of Florida, personally appeared David L. Barth and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. n � NOTARY -P­UBLISTATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: �I , ;�►�:i�k.. INGE OECEGLIA BRAWNER MY COMMISSION / CC 637633 EXPIRES: April 10, 2001 L"' ' o•; °�' 9on0ed Thru Notary Pubk Undarwrbm Inge DeCeglia Brawner (Name of Notary Public: Print, Stamp, or Type as Commissioned) ['Personally, known to me, or ❑ Produced identification: (Type of Identification Prog[uced ❑ DID take an oath, or C'DID NOT take an oath. OPTIONAL INFORMATION: Type of Document: Number of Pages: Number of Signatures Notarized: 41 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. _U_-_2.5R to the City of Tamarac for parks ` , Open_ arc Recreation and Social; Services Master Plan 2. This sworn statement is submitted by Glattinq Jackson Kercher.._Anglin _1,Qpe7 R; neha ty`Z1c,and (name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) S ?, e1 „2 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is David L. Barth and (please print name of individual signing) my relationship to the entity named above isVice President 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or,with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or -information after July 1, 2689, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under 42 an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement aies.) p_ 7Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 2089. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 2089. The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents. who are active in the management of the entity, or the affiliate of the entity has been- charged with and convicted of a public entity crime subsequent to July 1, 2089. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESH LD AMOUNT P OVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGO O OF ANY C GE IN E INFORMATION CONTAINED IN THIS FORM. Al . . 9 j (Signature) Date: p // 7rrsr) 43 ACKNOWLEDGMENT State of Florida County of palm Beach On this the 11 day of Aucrus t , 20 0 q before me, the undersigned Notary Public of the State of Florida, personally appeared David L. Barth ._ and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: ;�M..�;�. INQE DECEQLIA BRAWNER My COMMISSION N CC 637633 B EXPIRES: April 10, 2001 y, ended Thru Nomry public Undewjwrs �Q2r, L/L&4�j NOTARY PUBLIC, STATE OF FLORIDA Inge DeCeglia Brawner (Name of Notary Public: Print, Stamp, Or Type as Commissioned.) 0-15—ersonally known to me, or EI Produced identification: (Type of Identification Prod ed ❑ DID take an oath, or'�'IIID NOT take an oath. OPTIONAL INFORMATION Type of Document: Number of Pages: Number of Signatures Notarized: 44 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 effects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs, Whenever two or more bids which 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 bids will be followed if non 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 end 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 businessCis 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 contenders 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 a drug -free workplace through implem ntatlon oft Is section. As the person authorized to sign the statement, I *Autho at this fo complies fully with the above requirements. ed Signature Canlpany e 46 ACORD CERTIFICATE OF LIABILITY INSURANC sR TT cT-1 DATE(MM/DDIYY) 11/03/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Johnston & Assoc. Ins Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 831 West Morse Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2703 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Winter Park FL 32790 Phone:407-644-5722 INSURED Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 33 E Pine Street Orlando FL 32801 GOVERAGES INSURERS AFFORDING COVERAGE INSURER A: S t . Paul INSURER B: Travelers Insurance INSURER C: CNA INSURER D: INSURER E: 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 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY DATE MM/DDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000 , 000 A X COMMERCIAL GENERAL LIABILITY BFS565103 02/18/00 02/18/01 FIRE DAMAGE (Any one fire) $ j0,000 CLAIMS MADE Fil OCCUR MED EXP (Any ono person) $5 , 000 PERSONAL & ADV INJURY $1 00Q 000 GENERAL AGGREGATE $2 , 000 000 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG s2 000,000 X POLICY PRO- LOC JECT A AUTOMOBILE LIABILITY ANY AUTO BFA500967 02/18/00 02/18/01 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000 , 000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) s GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS LIABILITY EACH OCCURRENCE $4 000 , 000 A X OCCUR F CLAIMSMADE BFS512426 02/18/00 02/18/01 AGGREGATE $4,000,000 s $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB773H469300 01/01/00 01/01/01 TORY LIMITS I X ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYE $ 500 000 E.L. DISEASE -POLICY LIMIT I $ 500 r 000 OTHER C Professional _ LAN0004316242 01/04/00 01/04/01 Claims $1,000,000. Liability FULL RETRO COVERAGE Made $40 000 Ded DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: TAMARAC PARKS,OPEN SPACE, RECREATIONAL & SOCIAL SERVICE MASTER PLAN. FAX TO 407-839-1789. CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS GENERAL & AUTO LIABILITY ONLY. q =~-1 ULK 1 IhIL:A 1 L MULUtK N I ADDITIONAL INSURED; INSURER LETTER: _ VAF4L r-LLA I IUIY - J> TAMARAC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE FO EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NWED T CITY OF TAMARAC LEFT, BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LIABILIROF ANNE LODATO 7525 N. W. 88TH AVE. ANY KMPON THE INS ER, ITS AGENTS OR REPRESENTATIVES. TAMARAC FL 33321 David A. Johnston A133519 Amnon oc_c 171e,Y% .. ACORD CORPORATION 1988 AGREEMENT BETWEEN THE CITY OF TAMARAC AND GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. THIS AGREEMENT is made and entered into this jj, day of � 201)0 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 Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., a Florida corporation with principal offices located at 222 Clematis Street, Suite 200, West Palm Beach, Florida 33401 (the "CONSULTANT") to prepare, review and design a Tamarac Parks, Open Space, Recreation and Social Services Master Plan. 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 consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work The CONSULTANT shall perform all work for the City required by the contract documents as set forth below: a) CONSULTANT shall furnish all labor, materials, and equipment necessary to prepare, review and design a Tamarac Parks, Open Space, Recreation and Social Services Master Plan. b) CONSULTANT shall prepare, review and design a Tamarac Parks, Open Space, Recreation and Social Services Master Plan as outlined in the City of Tamarac's Request for Proposal RFP 00-25R and the CONSULTANT agrees to perform the services described in Exhibit A, attached hereto and incorporated herein as if set forth in full . c) 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 subConsultants, if any, with respect to the work and services described herein. 3) Insurance CONSULTANT shall obtain at CONSULTANT's expense all necessary insurance in such form and amount as required by the City's Risk 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 Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The CONSULTANT will ensure that all subConsultants comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 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) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than fifteen (15) days after the date that CONSULTANT receives Purchase Order. The work shall be substantially completed no later than May 31, 2001. 5) Contract Sum The Contract Sum for the above work is Seventy Nine Thousand Five Hundred and Eighty Five Dollars and no cents ($79,585.00). The Contract sum is determined by the cost of labor and materials for the preparation, review and design of a Tamarac Parks, Open Space, Recreation and Social Services Master Plan. 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. 2 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subConsultants, and/or CONSULTANTS who worked on the project that is the subject of this Agreement. 8) Warranty CONSULTANT warrants that all specifications, documents, or drawings prepared by CONSULTANT, or on CONSULTANT's behalf, are accurate, capable of being implemented and may be relied upon by any CONSULTANT retained by the CITY. CONSULTANT shall be responsible for any damages caused by defect to affected area or to interior structure. 9) Indemnification The CONSULTANT shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with the work performed by the CONSULTANT or its officers, employees, agents, subConsultants, or independent CONSULTANTs, excepting only such damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination The CONSULTANT agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The CONSULTANT further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor CONSULTANT is an independent Contractor under this Agreement. Personal 3 services provided by the CONSULTANT shall be by employees of the CONSULTANT and subject to supervision by the CONSULTANT, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONSULTANT. 12) 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. 13) 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, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of. Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONSULTANT William C. Kercher, Jr. President Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 222 Clematis Street, Suite 200 West Palm Beach, FL 33401 14) Termination This Agreement may be terminated by City or CONSULTANT for cause or by the City for convenience, upon ten (10) days of written notice by the terminating party to the other party 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. 4 Default by CONSULTANT: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY 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. 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 nonenforcement 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 ohly by a written document executed by both the CONSULTANT and the CITY. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC , through its Mayor and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. (Name of party with whom Agreement is made), signing by and through its President duly authorized to execute on same. ATTEST':" Marion Swen on, CIVIC City Clerk Date: ATTEST: 4MAO, AAN-1 (Corpora e ec e ry , Jac kson Type/Print N me of Corporate Secy. (CORPORATE SEAL) [0 CITY OFT M RAC oe Schreiber, Mayor Date: /LIL a-000 I/ ffrey LlphleP,City Manager Date:......._.....—(�� moo 0 as to form and uffici Mitchgll S. Kraft, City AttWey (NAME OF COMPANY) (Name of President) lyAlaIn C. kefrGicr is Type/Print Name of President Date: VO f. 3, 1000 in Lopez CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of � 1a A , 20_Q�by William C. Kercher, Jr. (name of officer or agent, title of officer or agent) of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He is ersonall known to me take an oath. (type of identification) as identification and did (did not) FA Signature of Notary Public — State of Florida ,PWOWDTWO ,W Coe„ g,WWCC9M3B$ aWirft Ami x Print, Type or Stamp Name of Notary Public Exhibit A Scope of Services 1. DATA COLLECTION AND ANALYSIS 1.1 COMMUNITY PROFILE Fee S9,170.00 A. Research and identify unique qualities, geography, demographics, and trends specific to the Tamarac community that will affect Master Plan considerations for the future. B. Relevant goals and policies of local planning studies (Comprehensive Plan, Transportation Plan, as well as pertinent state or regional plans ( SCORP), statewide demographic trends) should be considered where Master Plan recommendations will be effected. C. Review and analyze various community facilities, patterns and systems, including: • Level of Service (LOS) • Existing Parks and Open Spaces • Natural Systems • Neighborhoods • Activity Centers • Streets and Bikeways • Public and Private Schools • And Other Public and Private Facilities D. Schedule a day of interviews with the City Manager and members of the City Commission to review the project methodology, issues, priorities and funding/implementation. E. Coordinate and facilitate a one day Visioning Workshop with City staff, the Park and Recreation Advisory Board, the Master Plan Advisory Committee, other recreation providers, and members of the City Commission to: • Review the proposed project methodology • Discuss project objectives • Review the results of the Community Profile • Develop alternative Parks System visions • Discuss top priorities • Discuss the roles of the City and other recreation providers • Brainstorm potential costs and implementation strategies • Discuss program subsidies vs. self-support programs • Identify outstanding issues and potential obstacles Deliverable: One (1) black car white copy of a Community Profile memorandum, documenting and summarizing the results of the tasks outlined above. Based on the City's written review comments, Glatting Jackson will revise the memorandum one (1) time if necessary. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Exhibit A Scope of Services 2. NEEDS AND PRIORITIES ASSESSMENT 2.1 INVENTORY AND ASSESSMENT: PARKS SYSTEM RESOURCES Fee $15,310.00 A. Describe the inventory and conditions of existing parklands and other recreation facilities. B. Work with staff to identify and define immediate needs and desired improvements within existing developed parks and greenways. Determine long- range needs. C. Review the National parks and Recreation Association's "Park, Recreation, Open Space, and Greenway Guidelines " (1995). Combine and incorporate these recommendations and guidelines as a basis for discussion and comparison when measured against information and findings gained through the Tamarac Master Plan study and process. D. Develop strategies and information needs with staff, then prepare and conduct a scientific community -wide assessment (including public opinion profile) and other public input surveys to determine current interests and levels of park use, future parks development needs and interests, public priorities and willingness to support different funding levels and funding options now and in the future. Identify and discuss major issues/concerns specific to Tamarac. Utilize the following needs assessment techniques: • Master Plan Advisory Committee Workshop • Citywide telephone survey • On -site user surveys (by City Staff) • Staff interviews • Three (3) Focus group (seniors, teens, sports leagues, etc) meetings on the same day • Two (2) Public workshops throughout the City and surrounding areas, including neighborhood workshops • Service area analysis E. Evaluate community access to parks, facilities, and services. Establish local planning guidelines and standards for adequate access to recreation facilities and parks (consider pertinent park types i.e., neighborhood, community, regional as well as greenways, open space, and parkland corridors). Prepare an analysis of existing and future neighborhood areas, projected service populations, and parkland allocation recommendations within the urban growth boundary based on growth, transportation, and safety. Identify and discuss current and anticipated access issues including barriers to participation. Make specific Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Exhibit A Scope of Services recommendations addressing access solutions and future needs including parkland acquisition and development. F. Identify, inventory, and rank unique natural and other open space resources for potential park system acquisition and/or parks development opportunity within the community. G. Inventory and evaluate existing school district properties (developed and undeveloped) for potential open space and/or recreational value. Address "shared facilities" issues with specific regard to community -wide parks development needs. With city staff, meet with school administrators to assess combined community parks/school grounds development potentials. H. Establish and recommend a "criteria for park land acquisition" policy which defines acquisition priorities, satisfies long range maintenance objectives, and accomplishes parks system master plan goals and implementation schedules towards establishing an integrated network of park resources and facilities within the fiscal limitations of the community. I. Review Tamarac's planning and economic development ordinances pertinent to parks development issues. Propose amendments and/or new ordinances as needed to accomplish parks development goals and objectives. Create and recommend a 20 year parks development Capital Improvement Plan (CIP) and implementation schedule including immediate and long-range budget projections. This should include projections of all costs associated with capital improvements within existing parks, development and build out of undeveloped parks, and acquisition and development of future park sites and related facilities. This is considered a critical Component to the Study. K. Meet with staff to review current staffing and maintenance level(s) and costs, and to discuss alternative scenarios such as private contracts, partnerships with no - profit agencies and others. Deliverable: One (1) black & white copy of a Parks System Resources Inventory and Assessment memorandum, documenting and summarizing the results of the tasks outlined above. Based on the City's written review comments, Glatting Jackson will revise the memorandum one (1) time if necessary. 2.2 INVENTORY AND ASSESSMENT: SOCIAL SERVICE AND RECREATION PROGRAMS Fee $ 5,645.00 A. Inventory available social service and recreation programs, recreation facilities, and related services. B. Work with staff to evaluate existing levels of social service and recreation program services and determine adequacy of current social service and recreation opportunity for all city residents. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Exhibit A Scope of Services C. Conduct a scientific community -wide assessment (can be combined with a parks assessment) to determine current levels of participation, and public satisfaction with existing programs, facilities, and services. Determine public interests, desires, expectations, and priorities for the future including the public's willingness to fund expanded programs and services. Project future participation trends, needs, and issues of "equitable distribution of service and opportunity" for all ages and income levels. D. Identify specific areas of public need and community interest with regard to programs types (sports, outdoor, aquatic, cultural arts, special events, etc.) and populations served (children, teens, adult, senior, family, disabled,' including issues of ethnic diversity). E. Analyze and discuss access and opportunity to participate in programs and services with regard to daily/weekly time frames and schedules, seasonal adjustments, and other factors affecting participation choices. Make recommendations to improve planning and scheduling effectiveness to maximize opportunity and participation. F. Review and evaluate current public relations, publicity, marketing, and other promotional efforts to determine effectiveness within the community. Recommend cost effective methods and practices that will improve public awareness of programs and services. G. Review and discuss existing funding mechanisms and cost recovery practices for recreation programs and services. Review "self-support programs" and recommend appropriate levels of cost recovery through fees. Recommendations should balance cost recovery with issues of affordability. Deliverable: One (1) black & white copy of a Social Services and Recreation Programs Inventory and Assessment memorandum, documenting and summarizing the results of the tasks outlined above. Based on the City's written review comments, Glatting Jackson will revise the memorandum one (1) time if necessary. 2.3 FUNDING Fee $ 6,820.00 A. Provide a thorough analysis of existing funding practices, sources of funds, and funding levels for both "parks and facilities" and "social service and recreation programs and services" B. Project long-range funding levels required to support Master Plan goals and objectives relative to anticipated growth, development, and long term maintenance; describe methodologies and models used to determine projected costs. C. Identify new or alternative sources of funds that might reasonably be developed to supplement existing funding methods. Identify and discuss new funding Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Exhibit A Scope of Services practices (i.e., inter -agency or public -private partnerships, other) that might present long-term funding stability, D. Recommend a long-term funding strategy(s) that combines and incorporates a diversity of funding options and techniques that will effectively support and achieve Master Plan goals and objectives for both parks development and recreational services. E. Meet with the City Manager, City Parks and Recreation Director, and City Finance Director to discuss the feasibility (economic and political) of the proposed funding strategies. Revise the recommended strategies based on their input. Following the meeting, City staff will meet individually with City Commissioners to review the proposed funding strategies. Deliverable: One (1) black & white copy of a Funding memorandum, documenting and summarizing the results of the tasks outlined above. Based on the City's written review comments, Glatting Jackson will revise the memorandum one (1) time if necessary. 2.4 COMMUNITY INVOLVEMENT Fee: included throughout scope A. Involve as many Tamarac residents in the development of the Master Plan as possible. To encourage community -wide involvement, utilize several public input methodologies (neighborhood meetings, community forums, questionnaires, presentations, focus groups, newsletters, displays, and telephone surveys). Public involvement is a critical component to the study. Delievrable: N/A 2.5 COMPARATIVE ANALYSIS Fee $ 4,000.00 A. Compare findings and recommendations for Tamarac to recognized national and state standards as well as adopted "levels of service" from like communities in Florida. B. Based on citizen input and community profile, identify and address major issues, concerns, and challenges specific to Tamarac that will affect parks, open space, and recreation service decisions now and in the future. C. Propose parks, recreation, and open space recommendations that are progressive while remaining prudent for communities with like resources. Deliverable: One (1) black & white copy of a Comparative Analysis memorandum, documenting and summarizing the results of the tasks outlined above. Based on the City's written review comments, Glatting Jackson will revise the memorandum one (1) time if necessary. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Exhibit A Scope of Services 2.6 CONSENSUS WORKSHOPS Fee $ 3,820.00 Make up to two (2) presentations to City staff, the Master Plan Advisory Committee, the Parks and Recreation Advisory Board, the City Commission and/or others to review findings from the Needs Assessment, and to build consensus regarding the recommendations. Deliverables: Notes from the Consensus Workshops. 3. DRAFT MASTER PLAN DOCUMENT 4. FINAL MASTER PLAN DOCUMENT AND EXECUTIVE SUMMARY Fee $ 24,440.00 A. Compile findings and recommendations from above study components into one or more documents, which together identify community priorities and define Tamarac's comprehensive Park, Recreation, Open Space and Social Services Master Plan for the future (20 yrs.) B. A separate "executive summary" of the Master Plan report shall be provided. An executive summary narrative will be included within all study component documents. The Executive Summary shall be a color, highly graphic document that simply illustrates: • The City's long-range vision for its parks, recreation, open space and social services system. • The individual elements and projects that comprise the system. • The approximate costs and associated funding strategies to implement the system. • The proposed time table for implementation of the top priorities. A digital copy shall be provided to the City for printing and reproduction. C. A separate framed 30" x 42" poster of the Executive Summary. The Master Plan shall include: A long range vision for the Tamarac Parks and Recreation Department and Office of Social Services including specific goals and priorities that incorporate all findings from each of the above study components and particularly reflect community interest and significant levels of support. A well-defined, long-range plan for an integrated network of parks, community facilities, bikeways, open spaces, and recreational corridors for the future; community parks and facilities resource maps that graphically identify the existing and proposed components of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Exhibit A Scope of Services this system (this should include identification of park types, future acquisition and development plans, solutions addressing neighborhood and community access issues; and guidelines and proposals for creative uses of floodplain and/or other unique natural areas for low intensity recreation, resource protection, trails, connecting corridors, etc.) A framework for meeting future needs and achieving long-range parks system development and recreation program services goals. A specific action plan for the next 6 years that implements standards, guidelines, policies and recommendations of the Master Plan, particularly the Capital Improvement Plan (CIP) for parks system development. This plan should address administration and management as well as maintenance and operations for both parks development and recreation program services. Specific funding recommendations and strategies which support immediate (6 yrs.) and long-range (20 yrs.) parks development and recreation program development needs while responding to the community's "willingness to pay" attitudes and priorities. Recommendations should be based on specific cost projections identified under parks development goals (particularly the CIP) and projected growth of recreational services. Maintenance and operations standards and guidelines for providing quality, safe, and cost-effective maintenance operations and practices. Determine funding and staffing levels commensurate with maintenance and operations responsibilities. Recommendations for improved public relations communications to maximize community awareness of Parks and Recreation Department programs services. Specific funding recommendations and strategies which support immediate (6 yrs.) and long-range (20 yrs.) parks development and recreation program development needs while responding to the community's "willingness to pay" attitudes and priorities. Recommendations should be based on specific cost projections identified under parks development goals (particularly the CIP) and projected growth of recreational services. Maintenance and operations standards and guidelines for providing quality, safe, and cost-effective maintenance operations and practices. Determine funding and staffing levels commensurate with maintenance and operations responsibilities. Recommendations for improved public relations and communications to maximize community awareness of Parks and Recreation Department programs services. Deliverables: Three (3) color copies of the Draft Master Plan Document for review and comment. Glatting Jackson will incorporate any written review comments from the City into the Final Master Plan Document, and provide the City with one (1) color copy of the Final Master Plan Document for review and approval. Based on the City :s written review comments, Glatting Jackson will revise the Final Master Plan Document one (1) time if necessary, and provide the City with one (1) color copy and a digital file on CD- rom for reproduction. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Exhibit A Scope of Services TOTAL LUMP SUM FEE $ 69,205.00 REIMBURSEABLE EXPENSES $ 10,380.00 (Reimbursable Expenses include the cost of printing, photocopies, presentation boards, user survey, etc. These expenses will be billed in addition to the lump sum fee, and will be billed at cost not to exceed $10,380.) TOTAL CONTRACT FEE $ 79,585.00 Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.