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HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-129Temp. Reso. No. 13541 November 23, 2020 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION R-2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AGREEMENT AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH TSC ASSOCIATES INC. FOR THE EMERGENCY ASSISTANCE REPAIRS PROGRAM, FUNDED WITH CORONAVIRUS RELIEF FUNDS RECEIVED THROUGH THE STATE OF FLORIDA, IN ACCORDANCE WITH THE CITY'S CODE OF ORDINANCES, SECTION 6-148 ENTITLED "EXCLUSIONS AND EXCEPTIONS TO BID AND PROPOSAL REQUIREMENTS, SPECIFICALLY SECTION 6-148(i) WAIVER OF PROCUREMENT PROCEDURES, FOR AN AMOUNT NOT TO EXCEED $85,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security ("CARES") Act was signed into law, providing over $2 trillion in economic relief to assist with the impact of the COVID-19 pandemic, $8.3 billion of which was allocated to the State of Florida (the State); and WHEREAS, on June 29, 2020, Governor Ron Desantis vetoed the entire $225 million SHIP appropriation and directed $250 million in CARES Act funding (CRF funds) to local governments for mortgage, rental, and other housing related assistance, and WHEREAS, Florida Housing Finance Corporation (FHFC) will distribute $408,000 in Coronavirus Relief Funds (CRF) to the City of Tamarac and the subrecipient agreement, hereto attached as exhibit B, will govern the expenditures, and WHEREAS, on August 26, 2020, the City Commission entered into a Subrecipient Agreement with the State for CRF funds via Resolution R2020-068; and Temp. Reso. No. 13541 November 23, 2020 Page 2 of 5 WHEREAS, the Emergency Assistance Repairs Program is one of the activities to be undertaken using the CRF funds from the State; and WHEREAS, the CRF Subrecipient Agreement requires expenditure of the funds by December 30, 2020; and WHEREAS the City desires to assist residents with emergency repairs by providing Specification Writing services for the Emergency Assistance Repairs Program through a partnership with TSC Associates Inc.; and WHEREAS, the City seeks to continue its partnership with TSC Associates Inc. to obtain goods and services to further the Emergency Assistance Repairs Program, which cannot be acquired through the normal purchasing process, as the December 30th, 2020 spending deadline creates a timing issue which precludes procurement of this service through the normal purchasing process, and WHEREAS, in accordance with Section 6-148 (i) of the City's Code of Ordinance, the city commission may authorize the waiver of procurement procedures upon the recommendation of the city manager that it is in the city's best interest to do so to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors. Purchases authorized by the waiver process shall be acquired with such competition as is practicable under the circumstances and only after a good faith review of all available sources and negotiation as to price, delivery and terms. There shall be no waiver of procurement procedures for procurements that are subject to the provisions of F.S. § 287.055 or § 255.20, as amended.", and WHEREAS, the City Manager recommends the waiver of the procurement " procedures as he believes it is in the City's best interest to obtain the goods and services Temp. Reso. No. 13541 November 23, 2020 Page 3 of 5 from TSC Associates Inc., as the same goods and services cannot be acquired through the normal purchasing process due to insufficient time, and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the health, safety and welfare of the citizens and residents of the City of Tamarac to waive the procurement procedures in accordance with Section 6-148(i) of the Code, approve the Specification Writing services for the Emergency Assistance Repairs Program and authorize the execution of an agreement with TSC Associates Inc. in an amount not to exceed $85,000 from the CRF funds received through the State, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City Commission of the City of Tamarac, Florida hereby approves the Agreement and authorizes the waiver of the procurement procedure due to insufficient time to employ the normal purchasing process, in accordance with Section 6-148(i) of the City of Tamarac Code of Ordinances. Section 3. The City Commission authorizes the appropriate City Officials to make the necessary expenditures pursuant to the existing Agreement with TSC Associates Inc., as extended, attached hereto as Exhibit "A", to provide Specification Writing service for the Temp. Reso. No. 13541 November 23, 2020 Page 4 of 5 Emergency Assistance Repairs Program with CRF funds received through the State, for an amount not to exceed $85,000. Section 4. The City Staff is hereby directed to take any and all action necessary to effectuate the intent of this resolution. Section 5. All resolutions or parts of resolutions on in conflict herewith be, and the same 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. Section 7. This Resolution shall become effective immediately upon its passage and adoption. [INTENTIONALLY LEFT BLANK] Temp. Reso. No. 13541 November 23, 2020 Page 5of5 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, DC,Gi M L G—p. FLORIDA THIS DAY OF R^`«BE 2020. CITY OF TAMARAC, FLORIDA M�yh 1I6 J. Gomez, MA OR ATTEST: ``O� TAIW1 ' \� EN F J NSON, C EST` CITY C ERK _- �'• PL 0 SC- �I�yCOMMISSION VOTE: MA�dK 6 OMEZ DIST 1: V/M BOLTON DIST 2: COMM. GELINS� DIST 3: COMM. VILLALOBOS 061� DIST 4: COMM. PLACKO del-r— I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: Wag' /r,/9z0. SAM EL S. GORE CITY ATTORNEY 7 e--K. A AGREEMENT BETWEEN THE CITY OF TAMARAC AND TSC ASSOCIATES, INC. THIS AGREEMENT is made and entered into this 4LAy of 2016 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 TSC ASSOCIATES, INC., a Florida corporation with principal offices located at PO BOX 120487 FT LAUDERDALE, FL 33312 (the "Contractor") to provide for HOME INSPECTOR, SPECIFICATION WRITER & CONSTRUCTION LIAISON FOR COMMUNITY DEVELOPMENT DEPARTMENT HOUSING REHABILITATION PROGRAMS. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Quotation Document No. 17-02Q, including all conditions therein, (General Terns and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 17-02Q as issued by the City, and the Contractor's Proposal, 17-02Q as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents. 2.1.2 Contractor shall supervise the work force 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. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local taws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicableto the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. 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 the City's Risk and Safety Manager before beginning work cinder this Agreement including, but not limited to, Workers! Compensation, Commercial General Liability, Builderrs Risk and all other insurance as required by the 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 the City's plc and Safety Manager certificates of all insurances requires!' under this section prior to beginning any work under this Agreement. The Contractor ME ensure that all subcontractors comply with thy: above guidelines and will retain all necessary -insurance in force. throughout: the term of this agr+sement. 3.2. Contractor shag indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and .ma)nWm- 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 retar►tions on Contractor's L.iabi ty insurance policies. Insurance limits,are outlined below., 4) Contract Sum The Contract Pricing sheet shall be as shown in Exhibit A, and shall not exceed $65,006 during any fiscal year period. The City's fiscal year begins October l st, and ends on September 30th. 5) Payments All payments shall be governed by the Florida Prompt Payment Act, F.S., Para VII, Chapter 218. The City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. 6) Remedies 6.1 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. 6.2 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. 7) Change Orders 7.1 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. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 7.2 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 7.3 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. 7.4 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 7.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15)days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 7.6 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 7.7 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 rbeen. issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and mare such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increaser or decrease in the contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surely 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. 8) No Damages for Delays ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDEDHEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase in the construction cost or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 9) Waiver of 'Liens Prior to 'final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor In connection with the agreement. 10) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of final payment. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 11) Indemnification 11.1 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. 11.2 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 12) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status:, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to,, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. The Contractor and Its subcontractors shall agree to post in conspicuous places, ,available to its employees and applicants- for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further ;agrees that he/she will ensure that all subcontractors, if any, will be made aware of and witl comply with this nondiscrimination clause. 13) Independent Contractor 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. 14) 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. 15) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Wm. la`Marr Ruffin P.O. Box 120487 Fort Lauderdale FL 33312 tscinspectservices@gmaii.com 954-316-8952 20-0040973 16) Termination 16.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party 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. 16.2 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. 17) 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. 18) 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. 19) 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. 20) Severabiliy, Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdictionshall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceabitty 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. 21) Uncontrollable Circumstances 21.1 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 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. 21.2 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. 22) 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. 23) 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. 24) Public Records 24.1 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: 24.1.1 Keep and maintain public records required by the City in order to perform the service; 24.1.2 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. 24.1.3 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 completion of the contract if the contractor does not transfer the records to the City. 24.1.4 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. 24.2 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 shalt 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. 25) PUBLIC RECORDS CUSTODIAN 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) S97-3505 C I TYC L ERK@TAMARAC .ORG Remainder of Page Intentionally Blank ,� ,, to kites rY,�nt 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 City Manager, and CONTRACTOR, signing by and through it's President duly authorized to execute same. 111///, _ivilMaM . kf �\\\\OF TAM:, =� ESTAF3t_ISwnr 73 1 u r 3 AT ST:, r4Z, "'21/ 0 SEAS. {` Patricia A. Teufel , CrC City Clerk lllelw 114 Date ATTEST: It-�L,-(G Date Approved as to form and legal sufficiency: CI y t rney III! �1,(4 Date TSC ASSOCIATES INC. Company , ame Signature of t6Trate Secretary Signature o sident/Owner VV-M Lc"im"irv, qj-�Vl Type/Print Name of Corporate Secy. (CORPORATE SEAL) Wm. La'Marr Ruffin Type/Print Name of President/Owner lA /Zon., Date CORPORATE ACKNOWLEDGEMENT STATE OF rFIoYId4 .SS COUNTY OFy-owc. rgi 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 inn-LCAhA Cif f VY"Iih ,of 1.5G Isse ;3i Inc a Fketelda 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. � •ik WITNESS my hand and official seal this,. day of Ny- -vn6('y , 20�. DEBRA M CHATMAN MY COMMISSION #FF242745 0f}` EXPIRES June 22, 2019 i+era 306 D153 FloridallotaryService.com 4-.4- lu, 6&� Signature of Notary Public State of Florida at Large Mr Ch"nao 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. Request for written quote —Appraisal Services Request date: June 20, 2017 Due date: June 21, 2017 Include. all costs related to providing an appraisal report to include an "after -repair" or an "as -is" value must be included in the fee below. Appraisal Fee - After Repair Value Appraisal Fee- As -is Value $ a"de Name of Company: �,� Representative Name (print): Representative Signature: Date l c�t</t�'TG� � rub-- � ✓� ,vl ��.3' . 3 June 28, 2017 Nichola Lewis City of Tamarac Housing and Neighborhood Programs Coordinator 7525 NW 88" Ave Tamarac, FL 33321 Dear Ms. Lewis, The purpose of this letter is to give authorization to Robert D. Miller, our Property Appraiser of Record, to submit bids on behalf of The Urban Group, Inc. 4XA��_ ; I r" Howard W. Steinholz (Title): President Please contact me if you have any questions at the phone number below. My cell phone number is 954-873-2001. Thy Gro1..1 '�;•�;- l _ 1424 South Andrews Avenue •Suite 200 •Fort Lauderdale, Florida 33316 R L• A L E S T A T E C O N S U L Y A N T S TELEPHONE 954-522-6226 • FAX 954-522-6422 . www.theurbangroup.com Request for Written Quote Request date: June 20, 2017 Due date: June 21., 2017 — 4:00 PM The. City of Tamarac's Housing Division is seeking quotes from qualified licensed Appraisers to provide after rehab value on various properties under the City of Tamarac's :Housing programs. The City does approximately 5-7 appraisals per year as required by grant funding sources. Scope of work: Appraisal Provide "after -repair" appraisal or :an "as -is appraisal" for various homes under the minor home repair program. Most properties will be owner occupied. Responsibilities. of the awarded company: Permits Contractor to obtain any necessary permit(s) required to completethe task.. Work Schedule Work to be performed within 72 hours of receipt of request from the City of Tamarac. Work must be completed during the hours of 8:00 — 6.00 p.m. Monday through Saturday. Work Performance A detailed appraisal report must be submitted prior to final payment from the City of Tamarac. Perform the services with the standard of skill, carel and diligence which a competent and suitably qualified person performing such services could reasonably be expected to exercise and in accordance with the request. Work to be performed in a professional, workman -like manner. Provide -all necessary materials, equipment, and personnel of appropriate qualifications and experience to complete the required task. Qualifications Submits copy of certifications, licenses, and insurance upon award. (.See attached documents for City's insurance requirements) Submittal Quotes must be submitted on or before Wednesday June 21, 2017 no later than 4:00 PM in the Tamarac Housing Division. Quotes are to be submitted to the Tamarac Housing Division via e-mail to Niehola.lewis(cb-tamarac.org, Coleen.ChristieCa)-tamarac.orq and Collette.Tibby@tamarac.ora Contact information: City of Tamarac Nichola Lewis 7525 NW 88th AVE, Room 206 Tamarac, FL 33321 954-597-3549 Please provide the quote on the last page of this request. IAMARi City For Your Life TSC ASSOCIATES INC. Wm. ia'Marr Ruffin P.O. Box 120487 Fort Lauderdale FL 33312 tscinspectservices@gmail.com; fmbfmb@hotmail.com 954-316-8952 RE: Agreement Extension Letter 3 Bid 17-02Q Home Inspector - Specification Writer Dear Mr. La'Marr: Purchasing s ty ContraMs Division September 16, 2020 As you are well aware, the City is currently In the process of our required proposal solicitation for a Specification Writer with the City. It is now anticipated that the new agreement will not be awarded until February of 2021 due to COViD-19, and as such, we need to extend our existing Agreement until February Ilk 2021. We are requesting that you provide the City with an additional extension of the current Agreement from August 15, 2020 through February 15, 2021, which will provide service until our new Agreement is in place. Please provide your approval by signing the area shown at the bottom, and returning to my attention a color scan to andrew,rozwadowski(cr tmarac ora. Please contact me at that e-mail address, or by telephone at (954) 597-3569. Sincerely, Y,_ Andrew Rozwadowski, CPPB Senior Procurement Specialist (Please sign and return to Mr. Andrew Rozwadowski at Andrew.Rozwadowski tamarac org,) TSC ASSOCIATES INC. agrees to extend the current term of its Agreement with the City of Tamarac for the period August 15, 2020 through February 15, 2021 at the same terms, conditions and pricing as the original Agreement term. ___ I agree to extend the original term of the Agreement o not agree to extend the original term of the Agreement W11 r Date Signature (o ZfJ I AMARM ON' W%0000 The City For Your We TSC ASSOCIATES INC. Wm. la'Marr Ruffin P.O. Box 120487 Fort Lauderdale FL 33312 tscinspectservices@gmail.com; fmbfmb@hotmail.com 954-316-8952 RE: Agreement Extension Letter 2 Bid 17-02Q Home Inspector - Specification Writer Dear Mr. La, Marr: Purchasing and Contracts Division April 29, 2020 As you are well aware, the City is currently in the process of our required proposal solicitation for a Specification Writer with the City. It is now anticipated that the new agreement will not be awarded until August of 2020 due to COVID-19, and as such, we need to extend our existing Agreement until August 15, 2020. We are requesting that you provide the City with an additional extension of the current Agreement from February 15, 2020 through August 15, 2020, which will provide service until our new Agreement is in place. Please provide your approval by signing the area shown at the bottom, and returning to my attention a color scan to andrew.rozwadowski(a�tamarac.org. Please contact me at that e-mail address, or by telephone at (954) 597-3569. Sincerely, f:: 1M* Andrew Rozwadowski, CPPB Senior Procurement Specialist (Please sign and return to Mr. Andrew Rozwadowski at Andrew. Rozwadowskica�_tamarac.org.) TSC ASSOCIATES INC. agrees to extend the current term of its Agreement with the City of Tamarac for the period February 15, 2020 through August 15, 2020 at the same terms, conditions and pricing as the original Agreement term. x I agree to extend the original term of the Agreement I do not agree to extend the original term of the Agreement WWI �./,/� Signature April 29, 2020 Date William La'Marr Ruffin IAMARAC `t w CRY For Your Life TSC ASSOCIATES INC. Wm. la'Marr Ruffin P.O. Box 120487 Fort Lauderdale FL 33312 tscinspectservices@gmail.com; fmbfmb@hotmail.com 954-316-8952 RE: Agreement Extension Letter Bid 17-02Q Home Inspector - Specification Writer Dear Mr. La, Marr: Purchasiuq and Conlract�_,; Division December 9, 2019 As you are well aware, the City is currently in the process of our required proposal solicitation for a Specification Writer with the City. It is now anticipated that the new agreement will not be awarded until February of 2020, and as such, we need to extend our existing Agreement until February 15, 2020. We are requesting that you provide the City with an additional extension of the current Agreement from November 22, 2019 through February 15, 2020, which will provide service until our new Agreement is in place. Please provide your approval by signing the area shown at the bottom, and returning to my attention a color scan to andrew.rozwadowski(cDtamarac.org. Please contact me at that e-mail address, or by telephone at (954) 597-3569. Sincerely, Andrew Rozwadowski, CPPB Senior Procurement Specialist (Please sign and return to Mr. Andrew Rozwadowski at Andrew. Rozwadowski(a-)-tamarac.org.) TSC ASSOCIATES INC. agrees to extend the current term of its Agreement with the City of Tamarac for the period November 22, 2019 through February 15, 2020 at the same terms, conditions and pricing as the original Agreement term. I agree to extend the original term of the Agreement I do not agree to extend the original term of the Agreement Signature Date FIRST AMENDMENT TO AGREEMENT NUMBER 142-2020 THIS FIRST AMENDMENT ("Amendment") to AGREEMENT NUMBER 142- 2020 is entered into and effective as of October 1, 2020, ("Effective Date") by and between FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate and politic ("Florida Housing"), and CITY OF TAMARAC ("Subrecipient'). RECITALS A. Florida Housing and Subrecipient entered into Contract Number 142-2020, dated August 06, 2020, ("Contract") wherein Subrecipient agreed to participate in the Coronavirus Relief Fund Program. As used herein, "Agreement' shall include within its meaning any modification or amendment to the Agreement. B. The term of the Contract began on August 06, 2020 and ends March 31, 2021. C. Section C.2. of the Agreement provides for a potential second disbursement of funds on or before October 1, 2020 for Subrecipients who meet the requirements of this Agreement and are satisfactorily performing. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained in the Contract and this Amendment, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. Effective Date, Recitals. Upon its execution by both parties, this Amendment shall be effective as of October 1, 2020. The above recitals are true and correct and form a part of this Amendment. B. Amendments. The Agreement is hereby amended to: Add a definition for Technical Bulletin as a new Section B.11. 11. "Technical Bulletin" or "TB" means any technical assistance document that Florida Housing issues to explain updated processes, provisions or monitoring requirements as Florida Housing receives updates, clarification and additional guidance with respect to the CRF funds. Delete Section C.1. in its entirety and replace with the following: 1. Amount of Funds Available to Subrecipient: The total funds made available to Subrecipient under this Agreement is up to $408,000.00. First Amendment Agreement #142-2020 3. Delete Section C.2. in its entirety and replace with the following: 2. Disbursement of Funds to Eligible Subrecipients: The available funds will be disbursed to Subrecipient for activities described in Item CA., below. The Subrecipient received an initial allocation of $255,000.00 upon execution of the Agreement. Upon execution of the First Amendment, an additional $153,000.00 shall be provided to the Subrecipient. Any additional funds will be disbursed in an amount to be determined by Florida Housing, If Florida Housing determines that the Subrecipient has failed to make satisfactory progress in meeting the requirements of this Agreement or has otherwise failed to satisfactorily perform under the terms of this Agreement, subsequent funds may be withheld by Florida Housing pending resolution of the issues giving rise to the lack of progress or failure to perform satisfactory to Florida Housing which may include ,a written plan to address the issues prepared by the Subrecipient; and submitted to Florida Housing for approval. 4. Add a new section C.10., to address Technical Bctlletins: 10. TBs will be used to clarify, discuss, interpret, and provide guidance for contract administration issues related to this Agreement. TBs will be both e-mailed and posted at btt ;.Hari .$ $ ktbMigg-initlaegg i i-technlgL1-bu1jjWn and Subrecipient is encouraged to regularly check for TBs. C. General Terms and Conditions I. This Amendment shall be construed and enforced according to the laws of the State of Florida and venue for any actions arising hereunder shall lie in Leon County, Florida. 2. This Amendment shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, successors and assigns. 3. This Amendment may be executed in counterpart originals, no one of which needs to contain the signatures of all parties hereto, but all of which together shall constitute one and the same instrument. 4. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law and are intended to be limited to the extent necessary so that they will not render this Amendment invalid, illegal, or unenforceable under any applicable law. If any term of this Amendment shall be held to be invalid, illegal or unenforceable, the validity of the other terms of this Amendment shall in no way be affected thereby. First Amendment Agreement #142-2020 5. Except as specifically modified by this Amendment, the Contract shall remain in full force and effect, and all of the terms and provisions thereof are hereby ratified and confirmed. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK First Amendment Agreement 4142-2020 IN WITNESS WHEREOF, the Parties have executed this FIRST AMENDMENT to Agreement Number 142-2020, by a duly authorized representative, effective on October 1, 2020. CITY Name/Title: Michael C. Cernech, City Manager _ Dale: September 16, 2020 FEIN- 59-1039552 FLORIDA HOUSING FINANCE CORPORATION Ulm Name/Title: Date:. First Amendment Agreement #142-2020