HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-110Temp. Reso. 13515
October 8, 2020
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NO. 20-12B TO
AND APPROVING AN AGREEMENT WITH SUPERIOR
LANDSCAPING AND LAWN SERVICES, INC.
("SUPERIOR") FOR CITYWIDE TREE TRIMMING
SERVICES; BASED ON ESTABLISHED CONTRACT FIXED
UNIT PRICES; AUTHORIZING ANNUAL EXPENDITURES
NOT TO EXCEED $399,634.00 INCLUDING ANNUAL
PRICE ESCALATION / DE-ESCALATION PER BID NO 20-
1213; AUTHORIZING PROPER CITY OFFICIALS TO
EXECUTE CONTRACT RENEWALS; AUTHORIZING AN
ADDITIONAL APPROPRIATION IN THE AMOUNT NOT TO
EXCEED $288,463.00 TO BE INCLUDED IN A FUTURE
BUDGET AMENDMENT PURSUANT TO F.S. 166.241(2);
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission deem it to be in the best interest of
the citizens, residents, and businesses of the City of Tamarac to maintain City Rights -of -
Way, Public Parks, and other green spaces around City Facilities through proper trimming
and pruning of shade trees and palm trees provided in a cost-effective and efficient
manner; and
WHEREAS, on August 6, 2020, the City of Tamarac published Bid No. 20-12B for
Citywide Routine and Emergency Tree Trimming Services; and
WHEREAS, on August 25, 2020, the City of Tamarac held a Pre -Bid Conference
for potential submitters; and
WHEREAS, on September 10, 2020, six (6) bids were opened and reviewed in
order to determine cost and responsiveness to the City's technical specifications, a bid
Temp. Reso. 13515
October 8, 2020
Page 2 of 5
tabulation is attached hereto as "Exhibit 1 ", incorporated herein and made a specific part
of this Resolution; and
WHEREAS, City Staff reviewed the submitted bids and determined the most
responsive and responsible bidder for each functional area, and determined the lowest
apparent bid from Coco Tree Service, Corporation to be nonresponsive, and determined
Superior to be the lowest responsive and responsible bidder, and
WHEREAS, City Staff have decided not to award the Emergency Services portion
of Bid No. 20-1213; and
WHEREAS, the Director of Public Services, Director of Financial Services, and the
Purchasing and Contracts Manager recommend the City Commission approve the award
of Bid No. 20-12B to Superior Landscaping and Lawn Services, Inc. for Citywide Tree
Trimming Services, and that the appropriate City Officials be authorized to execute said
Agreement, attached hereto as "Exhibit 2"; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the City of Tamarac and its residents to award Bid No. 20-12B to Superior
Landscaping and Lawn Services, Inc. for Citywide Tree Trimming Services, and to
authorize the appropriate City Officials to execute said Agreement, attached hereto as
"Exhibit 2".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof, and all exhibits referenced and attached hereto are incorporated
Temp. Reso. 13515
October 8, 2020
Page 3 of 5
herein and made a specific part of this resolution.
SECTION 2: The City Commission HEREBY awards Bid No. 20-12B to
Superior Landscaping and Lawn Services, Inc. for Citywide Tree Trimming Services ("The
Agreement") and the appropriate City officials are hereby authorized to execute the
Agreement, attached hereto as "Exhibit 2", to provide Citywide Tree Trimming Services.
SECTION 3: The appropriate City Officials are HEREBY authorized to
extend or renew the Agreement with Superior Landscaping and Lawn Services, Inc. for
Citywide Tree Trimming Services.
SECTION 4: Annual expenditures in the amount of $399,634.00 including
annual escalation / de-escalation per Bid No. 20-12B for Citywide Tree Trimming Services
are HEREBY approved.
SECTION 5: An appropriation in an amount not to exceed $288,463.00 that
will be included in a future budget amendment pursuant to F.S. 166.241(2). is HEREBY
approved.
SECTION 6: The City Manager or designee is HEREBY authorized to
approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6-
147 of the City Code, and close the contract award, which includes, but is not limited to
making final payment and releasing bonds per Section 6-149 of the City Code, when the
work has been successfully completed within the terms, conditions and pricing of the
agreement.
SECTION 7: All resolutions or parts of resolutions in conflict herewith are
Temp. Reso. 13515
October 8, 2020
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hereby repealed to the extent of such conflict.
SECTION 8: If any clause, section, other part or application of this
Resolution is held by any count of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 9: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of l!%,�i 2020.
ATTEST:
J NIFE JOH N
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to form.
SAMUEL S GOREN
CITY A 0RNEY
MICHELLE jY'GOMEZ
MAYOR
RECORD OF COMMISSION V TE:
MAYOR GOMEZ
DIST 1: V/M BOLTON 5
DIST 2: COMM. GELIN /$zU
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO 'S
T�MA�AC
The City For Your life
City of i"arnarac Purchasing and contracts Division
ROUTINE TREE TRIMMING SERVICES AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SUPERIOR LANDSCAPING & LAWN SERVICE, INC.
41-
THIS AGREEMENT is made and entered into this iG' day of � '` ' 20 ,-v-V
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 Superior
Landscaping & Lawn Service, Inc., a Florida corporation with principal offices located at
2200 NW 23rd Ave. Miami Florida 33142 (the "Contractor") shall provide services for
Citywide Routine Tree Trimming Services.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and
Contractor agree as follows:
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Bid Document No. 20-12B for
"Routine and Emergency Tree Trimming Services", issued by the City of Tamarac on
August 6, 2020 including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions, General Requirements, Instructions to Bidder's),
Technical Specifications, all addenda, the Contractor's Bid response dated September 10,
2020, 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. In the event that there is a conflict between Bid 20-
12B for "Routine and Emergency Tree Trimming Services" as issued by City, and the
contractor's bid response; Bid 20-12B for "Routine and Emergency Tree Trimming
Services" as issued by City shall take precedence over the contractor's bid response.
Furthermore, in the event of a conflict between this document and any other Contract
Documents, this Agreement shall prevail.
2. TERM
2.1 Performance Probation Period: The Contractor shall enter into a Ninety (90) day
probationary period beginning on the date of the execution of this Agreement. During
this time City staff will closely scrutinize the Contractor's performance. If the
performance is acceptable, the Contractor will be notified and the Agreement will
extend through the expiration date this Agreement. The City has the right to terminate
the contract during the probationary period with or without cause, and this right shall
be solely at the discretion of the City.
2.2 Term: The contract term shall be for a three (3) year term from date of contract award,
subject to a provision with regard to Performance Base Contracting. All prices shall
remain fixed and firm for the initial contract term.
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2.3 Renewal: City reserves the right to recommend renewal of the Agreement(s) for up
to two (2) additional three (3) year periods, providing satisfactory Contractor(s)
performance, providing for Contractor(s) and City's mutual acceptance to renew and
as may be in the best interest of the City.
2.4 Extension Option: City shall have the option to extend the term of the Agreement
on a month -to -month basis upon thirty (30) days written notice to the Contractor at
the same terms and conditions in the event that the City is unable to complete the
renewal or rebid of this Agreement(s) prior to the scheduled expiration.
3. THE WORK
3.1 The Contractor shall perform all work for the City required by the Contract
Documents as set forth below:
3.1.1 Contractor shall furnish all labor, materials, and equipment necessary to
provide services to complete Citywide Routine Tree Trimming Services
within the City of Tamarac including but not limited to public rights -of -way
and/or medians at specific locations as described in Bid Document 20-12B.
3.1.2 Contractor shall supervise the work force at all times to ensure that all
workers conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety rules
and regulations in the operation of equipment and in the performance of
the work. Contractor shall at all times have a competent field supervisor
on the job site to enforce these policies and procedures at the Contractor's
expense.
3.1.3 Contractor 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 Contractor, its employees, agents
or sub -contractors, if any, with respect to the work and services described
herein.
3.2 Reports: The Contractor shall be provided with a checklist to be filled out and
returned to the Public Services Department after each tree trimming service. All
maintenance operations and dates they were performed shall be noted, and any
repairs or damages shall be described. No payment will be made unless all reports
are provided.
3.3 Schedule: Contractor shall provide a weekly schedule of daily activities to City's
Landscaping Supervisor ahead of time.
3.4 Time Limits: All Citywide Tree Trimming Services shall be performed in
accordance with Contractor's approved time schedule, to be mutually agreed upon
by the City and Contractor after Notice of Award, and in accordance with the
requirements outlined in the Invitation for Bid.
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4. RATES, RECORDS, BILLING AND PAYMENT
4.1 Rates: The rates referred in Bid # 20-12B shall be applied to services performed
by Contractor within service area. Contractor shall also receive compensation for
additional work performed as stated in the bid documents. City shall approve such
additional work prior to its commencement.
4.1.1 The rates quoted are to apply to any area annexed into the City.
4.1.2 Contractor shall work with City to resolve any unforeseen problems that
may arise during the term of this Agreement. This includes, but is not limited
to, providing extra crews and equipment in times of emergency.
4.2 Billing: After each maintenance operation is complete, Contractor shall request
inspection by the City's supervisor, and sign -off on job ticket, to be included with
each monthly invoice. Contractor then shall submit a monthly invoice on the first
day of each month, itemizing all maintenance items performed the previous month,
with signed -off tickets attached. A schedule of all maintenance items to be
performed the following month shall be submitted with the invoice noting dates,
times and locations of operations. The Public Services Department must be
notified (5) days prior to any change in scheduling to allow City staff to inspect sites
for scheduled maintenance. Written reports must be turned in to the Public
Services Department after each Tree Trimming Service on a checklist to be
provided to Contractor by City.
4.3 Payment: Payment will be made on a monthly basis in arrears, after all services
have been received, accepted, and properly invoiced. Invoices must include the
project name, bid number and purchase order number if applicable. The City has
up to twenty-five (25) business days to review, approve and pay all invoices after
receipt. The Contractor shall invoice the City and provide a written request to the
City to commence the one-year warranty period. All necessary Release of Liens
and Affidavits shall be processed before the warranty period. All payments shall
be governed by the Florida Prompt Payment Act, F.S., Part VI I, Chapter 218.
5. COMPENSATION, SCHEDULES AND FREQUENCIES
5.1 The Contract Sum for the above work shall be for actual work completed as
authorized by the City. Contractor shall be paid for all services including labor at
the Unit Prices contained in Appendix "A" herein titled "Bid Schedule" for Citywide
Routine Tree Trimming and Removal Services.
5.2 To receive payment, the Contractor must submit monthly invoices showing the
corresponding services performed. Each invoice must be accompanied by a
breakdown of the category of work performed (including but not limited to tree
trimming, tree removal), and, as appropriate, the type and size of the tree for each
service performed.
5.3 All prices shall be listed and easily identified against the quoted Contract pricing.
Time and Material Costs are subject to ongoing monitoring by either City staff
and/or an independent third -party monitoring firm.
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TAMARAc
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6. CONTRACTOR'S LOCAL OFFICE
6.1 Office/Managing Agent: Throughout the term of this Agreement, the Contractor
shall establish and maintain a local office or authorized managing agent within
Broward County and shall designate in writing within ten (10) days of execution of
this Agreement the agent upon whom all notices may be served from the City.
Service upon Contractor's agent shall always constitute service upon the
Contractor.
6.2 Hours of Operation: Contractor's local office shall be open during collection hours
so that City may lodge complaints, requests for information, and requests for
service. At a minimum, the Contractor's local office shall be available during the
hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Tree Trimming
Maintenance operations shall not begin prior to 7:30 a.m., as provided in the
Invitation for Bid.
6.3 Staffing: Contractor's local office shall have a responsible person in charge during
regular business hours, shall be equipped with sufficient telephones, a local
telephone number, and sufficient attendants to receive telephone calls.
Attendant(s) shall receive calls in a courteous and polite manner, record all
complaints, and resolve all complaints in an expeditious manner within the next
business day
7. PERFORMANCE BASED CONTRACTING EVALUATION AND MONITORING
OF PERFORMANCED BASED CONTRACTORS
7.1 Satisfactory Service Required:
The City of Tamarac has embraced the concept of Performance Based
Contracting. Under this model of Performance Based Contracting, satisfactory
performance will result in the City's exclusive use of the Contractor for all
contractual purchases for the full period specified as the contract term.
Unsatisfactory performance by the Contractor shall result in the Contractor's loss
of exclusivity. If, in the sole judgment of the City, the Contractor is not providing
satisfactory service, the exclusive contractual relationship between City and
Contractor may be terminated, without penalty, by City at any time after it has
purchased the guaranteed volume of goods or services as specified in the
Specifications/Statement of Work herein. The principle of Performance Based
Contracting, however, does not negate the right of the City to terminate the
contract under the standard terms and conditions covering "contract termination"
herein.
7.2 Use of Supplemental Agreements
The City reserves the right to award additional agreements for Citywide Routine
Tree Trimming and Removal Services after attainment of the minimum contractual
guarantee due to unsatisfactory performance by Contractor. Awards may be made
under this solicitation for a period of ninety (90) calendar days from contract award
for tree trimming and removal services, subject to mutual agreement between the
City and the applicable Contractor. City shall attempt to award supplemental
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T�AMAR,LAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
agreements to Bidders in sequential fashion, beginning with the lowest priced
responsive and responsible bid. If supplemental Bidder is unwilling or unable to
maintain pricing during the ninety (90) calendar day period, then City may award
to the next higher responsive supplemental Bidder. The award of subsequent
additional agreements under this solicitation could be required based on changes
to the City's requirements, or if the original Contractor fails to perform within the
expectations of the City. Please note that additional awards shall not be made until
the minimum contractual guarantee has been met, (90 calendar days), unless the
original Contractor is defaulted for non-performance during that period.
7.3 Right to Exclusivity
Upon passage of the guaranteed contract period, this Agreement shall continue to
remain in force; however future exclusivity under the Agreement shall be contingent
on the successful performance of the Contractor in accordance with the specifications
contained herein. The City shall continue to utilize the Contractor exclusively, for the
needs enumerated herein, if it is determined that the Contractor is providing
satisfactory performance under the Agreement. Satisfactory performance shall be
defined as follows:
Successful adherence to the requirements of this Agreement and successful
completion of all tasks required under the specifications in a manner which is
acceptable to the City.
The Contractor shall provide a level of service which shall lead to optimal
satisfaction. Complaints, including but not limited to poor service,
unacceptable follow-up, disputes relating to invoice processing, etc. shall
constitute unsatisfactory performance. More than three (3) complaints per
month will prompt a review of the Contractor's performance and may result in
cancellation of the exclusivity provision contained herein.
7.4 Contract Report Card:
The City shall formally evaluate Contractor on an ongoing basis during the term of
the Agreement. The Project Manager shall evaluate the Contractor using a "Contract
Report Card" evaluation document, which will evaluate the Contractor's level of
service. Evaluation criteria for the "Contract Report Card" will be developed by the
City, with input from the Contractor. The City will periodically meet with the Contractor
to discuss the results of the "Contract Report Card" evaluation for that period. The
Project Manager may appoint a separate committee of contact stakeholders to
individually submit "Contract Report Cards" for evaluations. The Contractor shall
maintain an average score of 70% or above. In the event that the score falls below
70% for two successive quarters, the Contractor shall lose their rights to exclusivity
under the Agreement.
7.5 Performance
The City is sole judge of non-performance. Failure of Contractor to comply with
conditions, terms, specifications, and requirement of bid is just cause for
termination of the agreement. The City, in cooperation with the successful
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Contractor, shall develop a "Contract Report Card", which will be utilized by agency
personnel in the evaluation of the Contractor's performance. In the event that the
Contractor does not receive a passing evaluation, the Contractor will be provided
with an opportunity to correct any deficiencies within two (2) weeks after being
notified of such deficiencies. Failure to correct such deficiencies may result in the
Contractor's loss of its exclusive right to do business with the City.
8. INSURANCE
8.1 Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as specified in the original bid document or as required by City's
Risk and Safety Manager before beginning work under this Agreement including,
but not limited to, Workers' Compensation, Commercial General Liability, Builder's
Risk and all other insurance as required by City, including Professional Liability
when appropriate. Contractor shall maintain such insurance in full force and effect
during the life of this Agreement. Contractor shall provide to City's Risk and Safety
Manager certificates of all insurances required under this section prior to beginning
any work under this Agreement. The Contractor will ensure that all subcontractors
comply with the above guidelines and will retain all necessary insurance in force
throughout the term of this agreement.
8.2 Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance.
Contractor's Liability Insurance policies shall be endorsed to add the City as an
additional insured. Contractor shall be responsible for payment of all deductibles
and self-insurance retentions on Contractor's Liability Insurance policies. The
following are required types and minimum limits of insurance coverage, which the
Bidder agrees to maintain during the term of this contract:
General Liability - $1 M/$2M
Automobile — $1 M/$1 M
Workers Comp — Statutory
9. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
9.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10) days after the date that
Contractor receives the City's Notice to Proceed.
9.2 During the entire contract time the parties agree to work diligently and in good faith
in performing their obligations hereunder, so that all required permits for the scope
of work may be obtained by City in accordance with the Schedule included in the
Contract Documents. In the event that any delays in the scope of work occur,
despite the diligent efforts of the parties hereto, and such delays are the result of
force majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition costs.
9.3 The Contractor shall provide a weekly report and shall be submitted by 9:00
a.m. on Mondays. The report shall include a summary of the prior week's
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work orders. At a minimum, the report shall include the following; type of
work completed, work locations, work order number, equipment used, total
number of hours to complete the work order, the number of personnel
assigned to the work order, and the hours worked per personnel. The report
must be in an electronic, or other City -approved format that may be sorted.
If no work orders were issued in any particular week, a report is not required
for that week.
10. REMEDIES
10.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by
the City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
10.2 Liquidated Damages: Failure to respond to requests by City within twenty-four
(24) hours regarding inadequate maintenance procedures, litter, limbs and other
debris not removed will result in a Two Hundred Fifty Dollars $250.00 a day
deduction from the following payment application. In addition, all debris, limbs and
fronds will be picked up the same day of pruning. Failure to pick up tree debris will
result in a fee of Two Hundred Fifty Dollars $250.00 per day, as long as debris
remains. The parties agree that damages consequent to a breach of this section
are not readily ascertainable at the time of execution of this Agreement, and agree
that Two Hundred Fifty Dollars $250.00 per day is an amount proportionate to the
cost incurred by the City as a result of such breach. The parties agree that this
amount is not intended as punitive damages. Contractor is responsible to ensure
that all work is done to the specifications as outlined in this document and as
requested by the City. It is understood and agreed that timely performance by the
contractor is essential and that damages to the City for failure to perform or
complete the work required within the time allotted shall be charged Two Hundred
Fifty Dollars $250.00 per set of trees past the designated completion date.
10.3 Contractor is further responsible to maintain a safe work environment for workers,
pedestrians, and traffic, which includes ensuring that all litter, waste, and debris at
all work locations is properly handled, collected, and/or disposed of. Contractors
shall ensure that all job sites are safe for pedestrian, bicycle, and vehicular traffic
prior to leaving the job site.
10.4 Failure to respond to requests by City within the specified time frame including, but
not limited to, inadequate/defective work, hazardous situations, and litter and
debris. The parties agree that damages consequent to a breach of this section are
not readily ascertainable at the time of execution of this Agreement, and agree that
designated amounts per day and/or per location is an amount proportionate to the
cost incurred by the City as a result of such breach. The parties agree that this
amount is not intended as punitive damages.
• Hazardous Situation: Failure to rectify, within three (3) hours of notification,
a hazardous situation as deemed by the City, including, but not limited to,
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obstructed sightlines in intersections; obstructions / trip hazards in
sidewalks, walkways, and paths - $250 per day until corrected. Note: initial
notification may be made verbally (e.g. telephone) but shall be
memorialized in writing (e.g. email).
• Litter and Debris: Failure to pick up debris within 24 hours of notification
(e.g. litter, tree trimmings, excessive grass clippings, excess mulch on
sidewalks, etc.) - $250 per day until corrected
11. CORRECTION OF DEFECTIVE WORK
11.1 The Contractor shall correct Work rejected by the City or known by the Contractor
to be defective or failing to conform with the Contract Documents.
11.2 The City shall provide the Contractor with written notice regarding defective or
rejected work. Written notice of defective work includes, but is not limited to, emails
and memorandums.
11.3 Defective work that poses a hazard to vehicular traffic or pedestrians, includinq but
not limited to, obstructed sightlines at intersections, overgrown hedge, etc., shall
be deemed an emergency: and shall be corrected by the Contractor within three
(3) hours of notification. Initial notification of a hazard may be made verbally
(e.g. telephone) but shall be memorialized in writing (e.g. email or
memorandum).
11.4 All other defective work shall be addressed within three days after notice from the
City. The Contractor shall commence with corrective action to ensure the Work is
not defective or rejected.
11.5 If the Contractor fails to correct defective Work as required or persistently fails to
carry out the Work in accordance with the Contract Documents, the City, by written
order may stop the Work, or any portion thereof, until the cause for such order has
been eliminated; however, the City's right to stop the Work shall not give rise to a
duty on the part of the City to exercise the right for benefit of the Contractor or
other persons or entities.
11.6 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents within the stipulated time period after receipt of written notice
from the City to commence and continue correction of such default or neglect, the
City may give a second written notice to the Contractor. If within three days
following receipt of the second notice, the Contractor fails to correct such default
or neglect with diligence and promptness, the City may correct such deficiencies.
In such case, an appropriate Change Order shall be issued deducting from
payments then or thereafter due the Contractor costs of correcting such
deficiencies. If the payments then or thereafter due the Contractor are not sufficient
to cover the amount of the deduction, the Contractor shall pay the difference to the
City.
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TAMARAC
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Purchasing and Contracts Division
11.7 If the Contractor fails to correct a hazardous condition within three hours of initial
notification, the City may, at its discretion, have the work performed and the cost
incurred by the City, inclusive of labor and materials, shall be deducted from the
next pay application.
11.8 Within thirty (30) days of the City's receipt of a properly submitted and correct
invoice, the City shall make payment to the Contractor.
11.9 The City shall have no obligation to pay or to be responsible in any way for payment
to a Subcontractor of the Contractor except as may otherwise be required by law.
12. CHANGE OF QUANTITIES / CHANGE ORDERS
12.1 The City, without invalidating this Agreement, may order additions, deletions or
revisions to the Scope of Work. A written Amendment, Change Order or Work
Change Directive shall authorize such additions, deletions or revisions.
12.2 All Change Orders which, individually or when cumulatively added to amounts
authorized pursuant to prior Change Orders for this Contract, increase the cost of
the Work to the City or which extend the time for completion, must be formally
authorized and approved by the appropriate City authority prior to their issuance
and before Work may begin.
12.3 No claim against the City for extra Work in furtherance of a Change Order shall be
allowed unless prior written City approval pursuant to this section has been
obtained.
12.4 The Project Manager shall prepare Proposed Change Orders on forms provided
by the City. When submitted for approval, they shall carry the signature of the
Public Services Director, the City Manager, and the Contractor.
12.5 Correction of Work: If, in the judgment of the City, work provided by the Contractor
does not conform to the requirements of this Agreement, or if the work exhibits
poor workmanship, the City reserves the right to require that the Contractor correct
all deficiencies in the work to bring the work into conformance without additional
cost to the City, and / or replace any personnel who fail to perform in accordance
with the requirements of this Agreement. The City shall be the sole judge of non-
conformance and the quality of workmanship.
12.6 All disputes pertaining to this Bid between the City and the Contractor shall be
settled internally with the appropriate City staff making the final determination and
through the following chain of command: 1) Landscaping Division Supervisor; 2)
Superintendent, 3) Operations Manager, 4) Assistant Director of Public Services,
5) Director of Public Services, and 6) City Manager. The Purchasing and Contracts
Manager or designee shall be present and included in all dispute resolution
meetings pertaining to this ITB. In the event a dispute cannot be settled through
the chain of command set forth in this section, the dispute shall be brought forward
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in a court of competent jurisdiction. The laws of Florida shall be controlling. Venue
shall be in Broward County, Florida.
13. CHANGE ORDERS
13.1 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases,
decreases or other changes to the work as may be considered necessary or
desirable to complete the proposed construction in a satisfactory manner. The
Contractor shall not start work pursuant to a change order until the change order
setting forth the adjustments is approved by the City and executed by the City and
Contractor. Once the change order is so approved, the Contractor shall promptly
proceed with the work.
13.2 The Contract Price and/or Time may only be changed by a Change Order. A fully
executed change order for any extra work must exist before such extra work is
begun. Any claim for an increase or decrease in the Contract Price shall be based
on written notice delivered by the party making the claim to the other party promptly
(but in no event later than 15 days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. The amount of the claim with
supporting data shall be delivered (unless the City allows an additional period of
time to ascertain more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount claimed covers all
known amounts to which the claimant is entitled as a result of the occurrence of
said event. No claim for an adjustment in the Contract Price will be valid if not
submitted in accordance with this Paragraph.
13.3 In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change order has
not been issued, the City reserves the right at its sole option to terminate the
contract as it applies to these items in question and make such arrangements as
the City deems necessary to complete the work.
14. INDEMNIFICATION
14.1 The Contractor 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 loss
of life, bodily or personal injury, or property damage, including loss of use thereof,
directly or indirectly caused by, resulting from, arising out of or occurring in
connection with the operations of the Contractor or its officers, employees, agents,
subcontractors, or independent Contractors, excepting only such loss of life, bodily
or personal injury, or property 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.
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TAMA� RACE
The City For Your Life
City of Tamarac
Purchasing and Contracts Division
14.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
The Contractor shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
ii. 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 Contractor under the indemnification agreement.
14.3 The City and Consultant recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the Consultant
and requires a specific consideration be given there for. The Parties therefore agree
that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby
acknowledged, is the specific consideration for such indemnities, and the providing
of such indemnities is deemed to be part of the specifications with respect to the
services to be provided by Consultant. Furthermore, the City and Consultant
understand and agree that the covenants and representations relating to this
indemnification provision shall serve the term of this Agreement and continue in full
force and effect as to the City's and the Consultant's responsibility to indemnify.
14.4 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.
14.5 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.
15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
15.1 During the performance of the Contract, the Contractor and its subcontractors shall
not discriminate against any employee or applicant for employment because of
race, color, sex including pregnancy, religion, age, national origin, marital status,
political affiliation, familial status, sexual orientation, gender identity and
expression, genetic information or disability if qualified.
15.2 The Contractor will take affirmative action to ensure that employees and those of
its subcontractors are treated during employment, without regard to their race,
color, sex including pregnancy, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, gender identity or expression, or
disability if qualified. Such actions must include, but not be limited to, the following:
employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
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TAMARAC
The City For Your Life
City of Tamarac
16. INDEPENDENT CONTRACTOR
Purchasing and Contracts Division
This Agreement does not create an employee/employer relationship between the Parties.
It is the intent of the Parties that the Contractor is an independent contractor under this
Agreement and not the City's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment
Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation
Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
activities and responsibilities hereunder provided, further that administrative procedures
applicable to services rendered under this Agreement shall be those of Contractor, which
policies of Contractor shall not conflict with City, State, or United States policies, rules or
regulations relating to the use of Contractor's funds provided for herein. The Contractor
agrees that it is a separate and independent enterprise from the City, that it had full
opportunity to find other business, that it has made its own investment in its business, and
that it will utilize a high level of skill necessary to perform the work. This Agreement shall
not be construed as creating any joint employment relationship between the Contractor
and the City and the City will not be liable for any obligation incurred by Contractor,
including but not limited to unpaid minimum wages and/or overtime premiums.
17. ESCALATION/DE-ESCALATION
Upon satisfactory completion of the first 12 months of this Agreement, the contract price
shall be eligible for an increase (or decrease) equal to the percentage change to the Miami
Urban CPI Index for the 12-month period ending the previous June 30th. In no event shall
not exceed 4% for any 12-month period. The rate increase shall become effective on
October 1st. Thereafter, the contract price shall be eligible for an annual adjustment
increase (once every 12 months), based upon the process stated herein.
18. COST REDUCTION MEASURES
In the event the City is required to reduce contract costs due to budgetary constraints, all
services specified in this document may be subject to a permanent or temporary reduction
in frequency. In such an event, the monthly cost for the affected service shall be used to
calculate the cost for the reduced service and the contract cost shall be reduced by that
amount. The Contractor shall also be provided with a minimum 30-day notice prior to any
such reduction in services.
19. CHANGES IN MINIMUM WAGE STATUTES / REQUIREMENTS
The contract cost may be adjusted due to a change in the State of Florida Minimum Wage
as provided under Article X, "Miscellaneous", Section 24 "Florida Minimum Wage" of the
State of Florida Constitution. All such increases shall only reflect a change to the actual
costs of the Contractor and shall not include any additional profit. The contract cost
adjustment shall not be applicable to wage increases not mandated by a change in law
(e.g. salary increase to attract or retain employees, to reward performance, etc.) It is the
Contractors responsible to provide documentation verifying eligible changes due to
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TAMARAC
The City For Your Life
City of Tamarac
Purchasing and Contracts Division
changes in minimum wage law; such documentation includes, but is not limited to, certified
payroll reports.
Example scenario for change of Contract Cost / due to Minimum Wage law change:
a) Current Minimum Wage is $8.56
b) Current actual rate of compensation $8.65
c). New Minimum Wage increased to $8.75
d) Actual wage paid increased to $8.80
e) Wage change eligible for Contract Cost Change $0.10 ($8.75 — 8.65 = $0.10)
*Figures used in above example are for illustrative purposes only, and do not necessarily
reflect actual minimum wage rates.
20. CITY'S OPTION
In the event satisfactory adjustment cannot be reached by the City and the Contractor for
any item requiring a change in the contract, and a change order has not been issued, the
City reserves the right at its sole option to terminate the contract as it applies to these
items in question and make such arrangements as the City deems necessary to complete
the work.
The cost of any work covered by a change order for an increase or decrease in the contract
price shall be determined based upon the submitted Bid Schedule inclusive of any
previously agreed upon contract cost adjustments (including, but not limited to, CPI Cost
Adjustment). If notice of any change in the contract is required to be given to a surety by
the provisions of the bond, the giving of such notice shall be the Contractor's responsibility,
and the amount of each applicable bond shall be adjusted accordingly. The Contractor
shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such
approval from the Surety may be a basis for termination of this Contract by the CITY.
The City may, at its option, add or remove property requiring landscape maintenance
services. Such addition or removal may be permanent or temporary. In such case, the
Bid Schedule shall be the basis for determining the cost increase or decrease based upon
the Unit Price and actual area and/or quantity. Contractor shall add or remove property
only with written approval from the City. Written approval includes, but is not limited to
email, memorandum, and change order.
21. ASSIGNMENT AND SUBCONTRACTING
Contractor 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.
22. NOTICE
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TAMARAC
The City For Your Life
City of Tamarac
Purchasing and Contracts Division
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service,
as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Name: Superior Landscaping & Lawn Service, Inc.
Address: 22 NW 23rd Ave Miami Flordia, 33142
FIN/EI N: 65-0838100
Contract Licensee: CGC1507080
Contact: Maria Valdes
Email: superlandscape@bellsouth.net.
Phone: 305-634-0717
Fax: 305-634-0717
23. TERMINATION
23.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Contractor
for such termination in which event the Contractor shall be paid its compensation
for services performed to termination date, including services reasonably related
to termination. In the event that the Contractor abandons this Agreement or causes
it to be terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
23.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
Contractor 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 Contractor of written notice
of such neglect or failure.
24. UNCONTROLLABLE FORCES
24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
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TAMARACE
The City For Your Life
City of Tamarac Purchasing and Contracts Division
of which, by the exercise of reasonable diligence, the non -performing party could
not avoid. The term "Uncontrollable Forces" shall mean any event which results in
the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party.
It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic,
war, riot, civil disturbance, sabotage, and governmental actions.
24.2 Neither party shall, however, be excused from performance if nonperformance is
due to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
25. 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.
26. 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.
27. SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
28. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in anyjurisdiction shall,
as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof or affecting the validity or
enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
29. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City,
and negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed
by both the Contractor and the City.
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
30. NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise
accrue to the benefit of any party to the Agreement, and each party expressly waives the
right to assert such a presumption in any proceedings or disputes connected with, arising
out of, or involving this Agreement.
31. SCRUTINIZED COMPANIES - 287.135 AND 215.473
31.1 By execution of this Agreement, Contractor certifies that Contractor is not
participating in a boycott of Israel. Contractor further certifies that Contractor is not
on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has Contractor been
engaged in business operations in Syria. Subject to limited exceptions provided in
state law, the City will not contract for the provision of goods or services with any
scrutinized company referred to above.
31.2 Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt
of notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, Contractor shall have ninety (90) days
following receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error
then the City shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287,135, Florida Statutes, as amended from time to time.
32. PUBLIC RECORDS
32.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
32.1.1 Keep and maintain public records required by the City in order to perform
the service:
32.1.2 Upon request from the City's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
32.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
completion of the contract if the contractor does not transfer the records to
the City.
32.1.4 Upon completion of the contract, transfer, at no cost to the City, all public
records in possession of the Contractor, or keep and maintain public
records required by the City to perform the service. If the Contractor
transfers all public records to the City upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
City, upon request from the City's custodian of public records in a format
that is compatible with the information technology systems of the City.
32.2 During the term of the contract, the Contractor shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards
for records directly related to this contract. The form of all records and reports shall
be subject to the approval of the City's Auditor. The Contractor agrees to make
available to the City's Auditor, during normal business hours and in Broward, Dade
or Palm Beach Counties, all books of account, reports and records relating to this
contract.
33. CUSTODIAN OF RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERKOTAMARAC.ORG
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TAMARAC
The City For Your Life
City of Tamarac
Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City
Manager, and CONTRACTOR, signing by and through its President duly authorized to execute
same.
CITY OF TAMARAC
Michelle J. Gomez, Mayor f°
Date
AT T: Michael C. Cernech, City Manager
- J, A�"� Z,- 'L
Jen fifer , oh Son, C
-Gify Clerk
\\��y OF- TAiM q '
O• '
ESTABLISHED *..�
_J3: 1963 :Q
SEAL : 0
/tilli'l1\\\
Date
ATTEST:
ignature of CqrporW S
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
( - Li - � kD-
Date
Appr v d as to form nd legal sufficiency:
Cit)i Attorney
03 /LL2- C'
Date
Superio>c "pi;& Lawn Service,
no.
dent/Owner
Orlando Otero
Type/Print Name of President/Owner
D to
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TAMARAC
The city For Your Life
City of Tamarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF (2—
COUNTY SS.
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Orlando Otero, of Superior Landscaping & Lawn Service, Inc., a Florida Corporation,
to me known to be the person(s) described in and who executed the foregoing instrument
and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day off 20-k-'
G4An1Si=g2aqtu-re of Notary Public
E°F.�F
SANDRAYANIRAARROYOState of Florida at Large
V^ Notary Public - State of FloridaCommission x GG 327359
B My Comm. Expires Apr 24, 2023
Assn /j] j� /�%�•� / / �j� ��
Bonded through National Notary Assn.
Print, Type or Stamp
Name of Notary Public
[]/ Personally, known to me or
❑ Produced Identification
Type of I.D. Produced
[DID take an oath, or
❑ DID NOT take an oath.
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TAMARAC
City of Tamarac The City For Your Life purchasing and Contracts Division
CITY OF TAMARAC
VENDOR OWNERSHIP SURVEY
Contact:Maria Valdes
Agency:
Contact E-mail:
mvaldes@superiorlandscapin.com
Vendor Name: Superior Landscaping & Lawn Service, Inc.
Using the drop -down menu to the right to answer the questions below:
1.
Does your firm employ more than 50 persons (including full-time and
part-time employees)
Yes
2.
Is your firm a construction firm?
No
2A: If YES to number 2 above, is the average annual gross revenue for
our firm for the past three 3 ears greater than $9 million?
Choose an item.
2B: If NO to number 2 above, is the average annual gross revenue for
your firm for the past three (3) years greater than $5 million?
Yes
3.
Which of the following best describes the gender of your firm's primary
owner (at least 51% ownership):
Male
4.
Which of the following best describes the ethnicity of your firm's primary
owner (at least 51% ownership):
Hispanic/Latino
If you chose "Other", Please indicate:
5.
Which of following best describes the primary owner's veteran status
(at least 51 % ownership):
Not Applicable
6.
If your firm has been certified as a Small Business (SBE), a Women
Owned Business (WBE), a Minority Owned Business (MBE) or a Veteran
N/A
Owned Business (VBE), please indicate the agency or agencies that
have granted the certification to your firm. (If you choose "other" please
indicate the name or names of the certifying agency(ies)):
Please save and email this document to: Keith Glatz, CPPO (email: keith.glatz@tamarac.org)
Purchasing & Contracts Manager
City of Tamarac
Fax: (954) 597-3565 Phone: (954) 597-3567
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