RFP2025-003_Umpire_Services.pdf

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* REQUEST FOR PROPOSAL *

I. The CITY OF KISSIMMEE is seeking SEALED PROPOSALS on the following:

Request for Proposal Number RFP2025-003 Umpire Services

II. All proposals must be submitted in a SEALED envelope and plainly marked with the proposal number on the exterior of the proposal envelope, one (1) original, one (1) copy and (1) electronic copy on CD or Flash Drive.

III. To be considered proposals MUST be delivered OR mailed to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

And time stamped on or before 2:00 PM January 31, 2025.

IV. All proposals shall be opened and read publicly in the City of Kissimmee Finance

Department 4th Floor, Allendale Conference Room, 101 Church Street, Kissimmee, Florida at 2:30 PM January 31, 2025.

V. All proposals must be according to specifications and conditions, and on the forms provided herein.

VI. The Proposal's name and address shall be clearly shown on the exterior of the Sealed

Envelope.

VII. The City of Kissimmee reserves the right to accept and/or reject any or all proposals, with or without cause, to waive technicalities or to accept the proposal which, in its judgment, best serves the interest of the City of Kissimmee. Persons are advised that, if they decide to appeal any decision made concerning the award of this proposal, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made. Proposal results other than the apparent low offer will not be provided in response to telephone inquiries. Proposals desiring a copy of the Abstract of Offers should include such request with a self addressed stamped envelope in their proposal.

Brandon Durango Procurement Manager

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General Requirements:

1.1 PROPOSAL PREPARATION

Submission of a proposal in response to this solicitation shall evidence the proposer’s acknowledgement that he is cognizant of all the conditions and specifications contained herein and that any offer made is in accordance with the contained specifications and conditions unless, specifically identified and explained as exceptions on the proposer’s schedule. Each proposer is responsible for the completeness and accuracy of their proposal. Proposals must show manual signatures by an individual authorized to offer such obligations, and shall contain evidence of that person’s authority to make such offers. Unsigned proposals will be rejected.

Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the proposal. Proposers should include all descriptive literature specifications, or catalogs or cuts necessary to specifically identify and describe the item(s) being offered. Failure to do so may result in the proposal being declared non-responsive.

1.2 SUBMISSION OF PROPOSALS

All bids shall be submitted during normal business hours in a sealed envelope on the forms included with this solicitation with the bidder’s name and address and bid number plainly marked on the exterior of the envelope. Timely submission of a bid is important. Official receipt is acknowledged using an atomic date/time stamp interfaced with the U.S. Government’s National Institute of Standards and Technology (NIST) which is the official time keeper for the U.S. Facsimile or telegraphed bids will not be accepted.

1.3 PRICING

The unit price for each item being proposed will be shown on the Proposal Schedule and will include all costs for or associated with the item. A total for each line item will be entered on the Proposal Schedule. In case of a discrepancy between unit price and extended price, the unit price shown shall prevail.

1.4 DELIVERY

Exact delivery times frames or dates must be shown on the proposal, such as, “(x) days after receipt of order”. Number of days for delivery shall be presumed to include all weekends or holidays in the period. All offers shall be FOB Destination and shall include inside delivery to the delivery point specified.

1.5 DEFAULT

Should the successful proposer for any award made as a result of this solicitation fail to deliver a product in accordance with the specifications contained herein and within the time frame promised, the City of Kissimmee reserves the right to cancel the contract for default and to award this contract to the next most qualified offer. The proposer in default may be held liable for any added cost to the City of Kissimmee incurred as a result of such action.

1.6 LATE PROPOSALS AND WITHDRAWL OF OFFERS

No proposal will be accepted after the published deadline for accepting proposals in response to this solicitation. Proposals may be withdrawn at any time prior to the official time set for the proposal opening. No modification or withdrawal of any offer received will be allowed after the time and date set for the official proposal opening.

1.7 DISCOUNTS

Proposers may offer cash discounts for prompt payment, however, any such discount offered will not be considered as a factor in determining the lowest proposals offered. Any other discounts should be reflected in the unit price proposal.

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1.8 PROPOSAL EVALUATION AND AWARD

All proposals received will be evaluated based on one or more of the following factors: price;

quality of product offered; compliance with specifications; delivery; reputation of the proposal;

previous contract’s proximity of parts and service; compatibility with similar, existing products;

and any other factors detailed in the specifications. Award will be made to the lowest responsive and responsible proposer complying with the provisions of the invitation to Proposal, provided that such award is in the best interests of the City of Kissimmee.

The City of Kissimmee reserves the right to accept and /or reject any or all proposals in whole or in part with or without cause; to waive technicalities; to make multiple awards on a line item basis; and accept the proposal which in its judgment, best services the interest of the City of Kissimmee. Proposers are cautioned that no communication with any City of Kissimmee employee involved in the evaluation process is authorized during the proposal evaluation process unless such communication is originated by the City of Kissimmee for the purpose of clarifying the proposal. Questions regarding the status of any proposal should be directed to the Purchasing Manager. Proposal awards will be posted in the Purchasing Office after Commission Approval. Vendors are responsible for following up on the status of any proposal.

The City of Kissimmee will only notify successful vendor(s).

1.9 BILLING AND PAYMENT

The City of Kissimmee will pay all proper invoices submitted for supplies and/or services within 30 calendar days. To be considered a proper invoice it must be submitted in 2 copies to the City of Kissimmee Accounting Department, 101 Church Street Kissimmee, FL 34741, show the Vendor FEID Number, the purchase order number and be based on proper delivery installation or provision of goods or services to and accepted by The City of Kissimmee. The payment cycle will not start until all the above requirements are met.

1.10 SAMPLES

The City of Kissimmee may, at its discretion, require submission of samples for inspection and testing. When specifications require such submissions, all costs for such samples, including postage, will be the responsibility of the proposer. Samples that are not consumed in the evaluation process or determined necessary for comparison with future deliveries may be returned at the proposer’s request and at the proposer’s expense. The City of Kissimmee will not be held liable for any sample provided.

1.11 SILENCE OF SPECIFICATIONS

The silence of these specifications regarding exact details of any product or service required shall be regarded as meaning that only the best commercial practices will prevail and that only materials of first quality and correct type, size, or design are to be used. All workmanship will be first quality. Unless otherwise specified all products provided as a result of this solicitation will be new, unused, the latest model in production, and in compliance with the enclosed specifications.

1.12 USE OF BRAND NAMES

Unless otherwise stated, the use of brand names in specifications is not intended to restrict any offer. Brand names are only used to illustrate the type and quality of product acceptable for this solicitation and to provide a simplified specification. Vendors should feel free to propose any equal item provided that all exceptions to these specifications are clearly identified and explained and definitive specifications for the item being proposed including product literature, cuts or samples are included with the proposal. The City of Kissimmee reserves the sole right of final determination of product equivalency.

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1.13 WARRANTY

All warranties for products or services provided under any contract resulting from this solicitation will meet or exceed that warranty offered the providers most favored customer and in no instance will be less than unlimited twelve-month non-prorated warranty. If individual specifications contained herein require a warranty in conflict with this provision, the warranty provisions of the individual specification shall prevail.

1.14 ADDENDUMS

In the event modifying addenda to the basic solicitation are issued the City of Kissimmee will attempt to provide such addenda to all vendors who have been furnished proposal packages.

However, it shall be the proposer’s responsibility to verify with the Purchasing Office before the proposal is submitted whether or not addenda have been issued and to obtain such addenda for submission with the proposal. Receipt of any addenda issued must be acknowledged on the proposal schedule.

1.15 PROPOSERS CERTIFICATION

By signature on this proposal, proposer certifies or in the case of a joint proposal each party certifies that:

A. He has not given, offered nor intends to give at any time economic opportunity, future employment, favor or gratuity in any kind to any employee of the City of Kissimmee in connection with this proposal.

B. That the proposer has not divulged or discussed his offer with other proposers.

C. Prices offered have been determined independently without collusion with other proposers for the purpose of restricting competition.

D. No attempt has been made to induce any potential proposer to submit or decline to submit an offer in response to this solicitation.

1.16 “NO PROPOSAL” RESPONSE

Vendors electing to not submit proposals in response to this solicitation should complete the attached “Notice to Proposers” form. Failure to return the form may result in your omission from future proposal lists.

1.17 CFPC

The City of Kissimmee participates in a Central Florida Purchasing Cooperative (CFPC). All bidders awarded contracts from this bid are encouraged to permit other active members of CFPC to participate in the contract under the same prices, terms, and conditions except that allowances may be made for differences in delivery costs.

1.18 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

If applicable, compliance with the Jessica Lunsford Act will be required by Contractor.

1.19 CONE OF SILENCE – The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the execution of the award.

The Cone of Silence is defined as the period beginning with the issuance of the solicitation document and continues through the execution of the award document. During this time vendors, service providers and the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City Managers, or elected officials. Any vendor who attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation.

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Exceptions to the Cone of Silence –

Written communications directed to the Procurement Officer;

All communications occurring at pre-bid meetings;

Oral presentations before publicly noticed committee meetings;

Procurement of goods and services for Emergency situations; and Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

1.20 PROTEST

Any protest must be made within three (3) days following posting of the proposal award.

Protest procedures are available from the City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division, 101 Church Street, Kissimmee, FL 34741.

Notice of decision or intended decision concerning a bid solicitation or award may be given by posting the bid tabulation or recommended award at the location where the bids were opened or posted electronically on the City’s website www.kissimmee.gov. Failure to file a protest within the deadlines prescribed shall constitute a waiver of protest proceedings.

2.0 SPECIAL PROVISIONS:

2.1 PUBLIC ENTITY CRIMES: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.133,F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

2.2 INDEMNITY: The Contractor will indemnify and hold harmless the City of Kissimmee from and against all claims, damage loss, and expenses arising out of, or resulting from, the performance of their operations under this contract.

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the service.

The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

All employees on the job and all other persons who may be affected thereby.

All the work, materials, and equipment, whether in storage on or off the site, under the care, custody, or control of the Contractor; and Other property at the site including trees, shrubs, lawns, walks, pavements, and roadways.

The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful order of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss.

In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss.

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2.3 CLARIFICATION OF REQUIREMENTS: Questions regarding clarification or interpretation of the technical specifications and/or non-technical nature regarding this solicitation must be addressed IN WRITING to Debbie Luke, Purchasing Coordinator at 101 Church Street, Kissimmee, Florida 34741 OR BY EMAIL to procurement@kissimmee.gov not less than seven (7) days prior to the RFP opening date.

However, unless modified by a written addendum issued by the Purchasing Manager, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative or binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Purchasing Manager for the City of Kissimmee. Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this proposal will be furnished in writing to all vendors who have received proposal packages.

2.4 No minor children are permitted to accompany proposers during pre-proposal conferences, proposal opening or site tour.

2.5 A link to this website is available through the City’s Web Page http://www.kissimmee.gov, under the Finance Department, Purchasing. Notice of Award, Proposals currently available, and Tabulation sheets are available Online. Proposers, who do not have Internet access, may request a copy of the tabulation by enclosing a stamped, self-addressed envelope with the Proposal response.

2.6 The City of Kissimmee has a Local Vendor Preference Policy: When written bids, responses to request for proposals or quotations are received by the City as part of the competitive sealed bid process, and the lowest responsible price is offered by an individual or entity that is not an Osceola County person, firm and/or corporation and the next lowest responsible bidder is an Osceola County person, firm and/or corporation, the Osceola County individual or entity will be given an opportunity to match the lowest price offered.

If an offer is made to match the lowest price and the Osceola County individual or entity is otherwise fully qualified and meets all City requirements, the bid shall be awarded to the Osceola County individual or entity at the lowest price. In order to receive the local vendor preference provided herein, the Osceola County individual or entity that qualifies as the next lowest price bidder hereunder, must unconditionally agree in writing to match the lowest price bid and deliver to the City designated representative by 8:30 a.m. on the third regular business day after notification of opportunity to match bid. Eligibility form is Attachment A.

2.7 INSURANCE PROVISIONS: The Successful bidder will have in force the following insurance coverage and will provide Certificates of Insurance prior to commencement of any work.

A) Workers’ Compensation: The Contractor will provide Worker’s Compensation coverage for all employees at the site location and, in case any work is subcontracted, will require the subcontractor to provide Workers’ Compensation for all their employees. The limits will be statutory for Workers’ Compensation and $300,000.00 for Employers’ Liability.

B) Comprehensive General Liability: The Contractor will provide for all operations including, but not limited to Contractual, and Products and Completed Operations.

The limits will be not less than $1,000,000.00.

C) Comprehensive Automobile Liability: The Contractor will provide coverage for all owned and non-owned vehicles for limits of not less than $1,000.000.00.

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D) Umbrella Liability: The Contractor will provide an umbrella in excess to the coverage in paragraphs B), and C) of not less than $1,000,000.00.

2.8 ALTERNATE BIDS WILL NOT BE ACCEPTED:

If two bids are received from a company one bid will be returned unopened. If two different bids are included in a single envelope, both will be rejected at the bid opening.

2.9 REFERENCES: All submittals must include with the bid a listing of references. This listing should include a contact's name and phone number. At least three (3) of the references should be similar in size and scope of services to the requirements of this bid.

2.10 FEES AND LICENSURE COST: Submit with your proposal the following fees/licensure; proof of a valid Business Tax Receipt from the jurisdiction of the bidder's place of business.

2.11 TERM OF CONTRACT: Any contract resulting from this solicitation will be for a period of 12 months renewable for two (2) twelve (12) additional months by mutual consent, up to a maximum of 24 additional months. The City Manager or the City Manger’s designee may approve such renewals on behalf of the City.

2.12 CONTRACT: Sample contract located on pages 13-17

3.0 FACILITY BACKGROUND INFORMATION:

Fortune Road Athletic Complex 2500 Fortune Road, Kissimmee, FL 34744

Denn John Fields 2204 Denn John Lane, Kissimmee, FL 34744

3.1 SCOPE OF SERVICES: Provide umpiring services for City of Kissimmee run leagues and/or tournaments at the above listed facilities. The City anticipates that 300 to 325 games will occur during the original term of the contract, however this estimate is subject to change due to weather, lack of participation, public health emergencies as determined by the City, Osceola County, the State of Florida, or the Federal Government, or other similar factors.

3.2 CITY RESPONSIBILITIES:

A. City will provide a location for umpires and staff to store their items during the games each night; however, the City of Kissimmee will not be responsible for said personal items.

B. City will provide game balls and lineup sheets.

C. City will provide City League Rules as well as league and tournament schedules.

3.3 SUPPLIER RESPONSIBILITIES:

A. Supplier will provide two (2) umpires per game, per field. City has the right to adjust the numbers of umpires per game, per field as necessary.

B. Supplier will be responsible for doing clinics and training for all umpires.

C. Supplier and their staff (umpires) will need to be certified with any Slow Pitch Softball

Organization (USSSA, NSA, ASA, etc.).

D. Supplier and their staff (umpires) will need to have knowledge on USSSA game rules and regulations.

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E. Supplier will be responsible for scheduling all the umpires for all the games, dates and times.

F. Supplier will be responsible for games designation to all the umpires on duty.

G. Supplier will be responsible for the designation of an Umpire in Charge (UIC) for every game night.

H. Supplier will be responsible for submitting an invoice for all the games worked by umpires.

I. Supplier will be responsible for paying all the umpires.

J. Supplier will be responsible for keeping the game scores and times.

K. Supplier as well as umpires will be called upon for any incidents or ejections that occur while they have jurisdiction of the games, to include but not limited to incident reports and/or meetings.

3.4 SELECTION CRITERIA: Please provide the per game, per umpire fee that will charged to the

City for services listed above. The amounts should be listed below and any discounts listed as well.

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*** THIS SCHEDULE OF OFFERS SHOULD BE THE FIRST PAGE SUBMITTED

WITH YOUR PROPOSAL ***

RFP2025-003

I/we, the undersigned, hereby declare that I/we have reviewed the proposal documents and with full knowledge and understanding of all specifications and conditions contained therein do submit, (in duplicate), our proposal as follows with full understanding that the proposal package in its entirety is made a part of any agreement, contract or order between the City of Kissimmee and the successful proposer.

ITEM NO. DESCRIPTION TOTAL COST

1 Umpire (per game) $

ACKNOWLEDGMENT OF ADDENDA NO.(S) (IF APPLICABLE)

(Signature)

ALL PRICES QUOTED ARE GOOD FOR A PERIOD OF 90 DAYS.

We do not take exception to Specifications.

(initial) We take exception to Specifications as follows:

(initial) (attach additional sheets, if necessary)

COMPANY NAME

COMPANY ADDRESS _______________________________________

NOTE: OFFERS NOT RECEIVED IN DUPLICATE MAY BE REJECTED.

VENDORS ARE RESPONSIBLE FOR DELIVERY OF THEIR PROPOSALS TO

THE ADDRESS INDICATED ON THE PROPOSAL COVER SHEET PRIOR TO

THE DATE AND TIME SHOWN.

PROPOSALS NOT SO DELIVERED MAY BE REJECTED.

BY: DATE: _________________________

(signature)

________________________________ EMAIL:________________________

(typed name/title of signer)

TELEPHONE NO.: ( ) FAX NO.: ( )_______________

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*NOTICE*

RFP2025-003

If for some reason you are not participating in this solicitation, PLEASE complete the following and return to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current vendor file.

Company Name: _________________________________ Address: _________________________________

Phone Number: ( )_______________________ Fax Number: ( )_______________________ Continue on Vendor List: Yes No Large Business Small Business Minority Owned

Reason for no response to the solicitation:

Cannot supply at this time Suitable, but engaged in other work Quantity too small Cannot meet required minimum Opening date does not allow sufficient time to complete Equivalent not presently available Other reasons or remarks: ______________________________________________

Signature

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IDENTICAL TIE PROPOSALS

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals, which are equal with respect to price quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than 5 days after such conviction.

5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Vendor's Signature

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Attachment A.

Local Vendor Affidavit of Eligibility

This form is to be completed in its entirety by the vendor and submitted along with your bid or quote. Incomplete forms will be rejected for preference evaluation.

State of Florida County of Osceola

Before me on this _____day of ________________20___, personally appeared

(print name)___________________________ being an authorized representative of lawful age, who being by me first duly sworn, on his/her oath, deposes and says:

(print name of company) ____________________________ MEETS ALL CRITERIA AS REQUIRED BY

THE CITY OF KISSIMMEE TO QUALIFY FOR LOCAL VENDOR PREFERENCE.

Qualification documentation attached.

Signature of Affiant

Typed/Printed Name of Affiant

Address of Affiant

State of Florida County of _____________

Sworn to (or affirmed) and subscribed before me this ____day of _________20__, by

(Signature of Notary Public-State of Florida)

(Print, Type, or Stamp commissioned name of notary public)___personally known or ____ produced identification. Type of identification produced___________________

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SAMPLE CONTRACT

AGREEMENT FOR UMPIRE SERVICES BETWEEN

THE CITY OF KISSIMMEE AND

THIS AGREEMENT is entered into this _____ day of _______, 2025, by and between the City of

Kissimmee, a municipal corporation of the State of Florida, whose address is 101 Church Street, Kissimmee, Florida 34741, hereinafter referred to as the City and __________________________ at

__________________________________, hereinafter referred to as the Contractor, collectively hereinafter referred to as the Parties, and each represent as follows:

WHEREAS the City published a Request for Proposal RFP 2022-003 (incorporated herein as Exhibit

A) in search of umpires for City of Kissimmee leagues and/or tournaments; and

WHEREAS the Contractor submitted a response to the Request for Proposal RFP 2025-003

(incorporated herein as Exhibit B); and

WHEREAS, the City selected Contractor to perform the services outlined in Exhibit A.

NOW THEREFORE, in consideration of the mutual covenants and obligations therein contained, including the attachments, and subject to the terms hereinafter stated, the Parties hereto understand and agree as follows:

1. TERM: The term of this Agreement is for twelve (12) months from the date of execution of the

Agreement. This Agreement may be extended for an additional twelve (12) months, up to two (2) times for a total of thirty-six (36) months. Any Agreement extensions must be in writing and signed by both Parties.

2. CONTRACTOR RESPONSIBILITIES:

SAMPLE

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a. The Contractor shall be responsible for all the items listed in Exhibit A, Section 3.3 Supplier

Responsibilities.

b. The Contractor shall adhere to the rules, regulation, policies, and procedures of the City of

Kissimmee Parks and Recreation Department and the City of Kissimmee.

c. The Contractor shall report to the Parks and Recreation Department any unusual activity, vandalism, or damage to any of the City Facilities where Contractor performs services.

d. The Contractor shall report any incidents involving citizens or employee to the Parks and

Recreation Department Head or designee.

e. The Contractor shall submit to the City an invoice for any services performed pursuant to this Agreement. The Contractor shall not receive any compensation prior to submission and approval of the invoice.

f. The Contractor must submit to a Law Enforcement Background check, reference review, and other appropriate screening processes, including any required renewals, as deemed necessary by the City. Failure to pass all screening processes as required by the City will lead to immediate termination of this Agreement.

g. The Contractor providing services to the City shall screen all potential umpires that will provide services to the City pursuant to this Agreement. Screening of employees and/or subcontractors shall be performed and reviewed at the sole cost of the Contractor. Screening shall only be required one (l) time during the period of the current contract with the CITY as long as the contractor has continuously screened new hires and required the same of its sub-contractors and required that these employees report arrest and filing of criminal charges

[15] against them. Compliance with this requirement shall be verified by execution of a certificate of compliance with this policy which shall be maintained with the contract in the

CITY'S files. Further, CONTRACTOR agrees to keep an up to date Subcontractor's List on file with CITY and continuously update same. Failure to comply with this paragraph shall result in immediate termination of this Agreement.

3. CITY RESPONSIBILITIES:

a. The Parks and Recreation Department Assistant Director or designee shall be the point of contact for the City.

b. The City shall provide dates and times to the Contractor for all events where Contractor’s services pursuant to this Agreement are needed.

c. The City shall provide prompt payment pursuant to the rates established in Exhibit B to

Contractor after receipt, review, and approval of Contractor’s invoices. However, in the event the funds to finance this Agreement become unavailable at any time or are not allocated by the Kissimmee City Commission, the City may provide Contractor with thirty

(30) calendar days written notice of termination. Nothing in this Agreement shall be deemed or construed to prevent the parties from negotiating a new Agreement in this event.

d. The City shall provide Contractor with a City identification badge to be worn in a visible location when Contractor is providing services to the City pursuant to this Agreement.

4. CANCELLATIONS: The City shall notify contractor in advance of cancelled games when feasible.

If City notifies Contractor more than one hour prior to the scheduled start time of a game that the game will be cancelled, Contractor shall receive no payment for umpire services for the cancelled

[16] game. If City cancels a game, but City does not notice Contractor more than one hour prior to the scheduled start of a game, City shall pay Contractor for umpire services for the cancelled game. The

City shall notify contractor by telephone/email/text message at ___________________ of cancellations.

5. TERMINATION: The City may terminate this Agreement immediately, if the Contractor violates

Section 2 Paragraphs f and g of this Agreement. The Parties may terminate this Agreement with or without cause upon thirty (30) days written notice to the other Party. Once the notice to terminate is sent to the other Party, the Contractor shall submit a final invoice and shall not perform any further work for the City unless expressly agreed to by the Parties in writing.

6. INDEPENDENT CONTRACTOR: For the purposes of this Agreement and any services rendered hereunder, it is hereby understood and agreed that the Contractor shall be an independent contractor and shall not be classified as or considered, an agent or employee of the City of Kissimmee. The

Contractor shall not be entitled to participate in group life or health insurance programs or pension plans of the City and shall not be covered under any fringe benefits of the City including, but not limited to: Vacation, Medical Leave, Pension, Holidays, Unemployment Compensation and

Worker's Compensation. The Contractor must make all legally required payments for Federal taxes, including, but not limited to: Social Security and Federal Income Tax. The City will not provide

Worker's Compensation Insurance. It will be the responsibility of the Contractor to purchase his own

Worker's Compensation Insurance, as applicable.

7. The Contractor will have in force the following insurance coverage and shall file Certificates of

Insurance with the Parks and Recreation Department prior to commencement of this Agreement with the City listed as an additional insured:

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a. Workers’ Compensation: The Contractor will provide Worker’s Compensation coverage for all employees at the site location and, in case any work is subcontracted, will require the subcontractor to provide Workers’ Compensation for all their employees. The limits will be statutory for Workers’ Compensation and $300,000.00 for Employers’ Liability.

b. Comprehensive General Liability: The Contractor will provide for all operations including, but not limited to Contractual, and Products and Completed Operations. The limits will be not less than $1,000,000.00.

c. Comprehensive Automobile Liability: The Contractor will provide coverage for all owned and non-owned vehicles for limits of not less than $1,000.000.00.

d. Umbrella Liability: The Contractor will provide an umbrella in excess to the coverage in paragraphs B), and C) of not less than $1,000,000.00.

8. INDEMNIFICATION: The Contractor shall indemnify, hold harmless, and defend the City, its agents, servants, and employees from all suits and actions, including attorney’s fees and all costs of litigation and judgments of every name and description brought against the City as a result of loss, damage, or injury, to person or property by reason of any act or failure to act by Contractor, its agents, servants, or employees.

9. WAIVER OF JURY TRIAL/ATTORNEY’S FEES/VENUE/APPLICABLE LAW:

a. The parties hereby agree to waive trial by jury in any action, proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement.

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b. Each party further hereby agrees that in any action, proceeding or claim which may be brought from any matter arising out of this Agreement, the prevailing party shall be entitled to reimbursement of reasonable attorney fees, including court costs, from the opposing party.

For the purposes of this agreement, reasonable attorney's fees of the City Attorney shall be based on the fees regularly charged by private attorney with an equivalent number of years of professional experience who practice in Orange and Osceola County, Florida.

c. Any legal action instituted or arising out of this Agreement shall be brought in the courts of

Osceola County, Florida.

d. The parties hereby agree that the laws of the State of Florida shall govern this Agreement.

e. The Parties shall comply with all Federal, State, County and local laws, regulations, ordinances, and health and safety rules and regulations at all times.

10. BREACH: Failure of Contractor or the City to perform the covenants, conditions, or provisions of the Agreement shall constitute a material default and breach of the Agreement. In the event of any breach, the City has the right to terminate this Agreement immediately without notice to Contractor.

In the event of any breach of the City, except the payments required under the Agreement, Contractor may terminate this Agreement immediately without notice. If City fails to timely pay the monies required under this Agreement, it has fifteen (15) days after written notice from Contractor to cure said default, unless the City disputes satisfactory performance of services.

11. NON-ASSIGNMENT: Neither party shall, without the written consent of the other parties, assign this Agreement or any portion thereof.

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12. NO WAIVER: Either Party’s failure to insist on strict performance in any one or more instances of the terms of this Agreement shall not be deemed a waiver of immediate or future rights to enforce compliance.

13. EXHIBITS: Exhibits to this Agreement shall be deemed to be incorporated into this Agreement as if fully set forth verbatim into the body of this Agreement.

14. NO WAIVER OF SOVEREIGN IMMUNITY: Notwithstanding, nothing in this Agreement shall be construed as a waiver by the CITY of its rights to statutory sovereign immunity pursuant to

Fla. Stat. §768.28.

15. PUBLIC RECORDS: Contractor acknowledges the City’s obligations under Article I, Section

24, of the Florida Constitution and under Chapter 119, Florida Statutes, to release public records to members of the public upon request and that the constitutional and statutory provisions control over the terms of this Agreement. As such, Contractor shall keep and maintain public records required by the City to perform the service.

If Contractor has questions regarding the application of Chapter 119, Florida Statutes, to

Contractor’s duty to provide public records relating to this Agreement, contact the

Custodian of Public Records at 407-518-2308, cityclerkemail@kissimmee.gov, and 101

Church Street, Kissimmee, Florida 34741.

a. If the City’s Custodian of Records requests records from Contractor, Contractor shall provide the City’s Custodian of Records 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 charged by the City of Kissimmee, as provided in Chapter 119, Florida Statutes or as otherwise provided by law.

b. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by

[20] law for the duration of the Agreement term and following completion of the Agreement if

Contractor does not transfer the records to the City.

c. Upon completion of the Agreement, Contractor shall transfer, at no cost, to the City all public records in possession of Contractor or keep and maintain public records required by the City to perform the service. If Contractor transfers all public records to the City upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.

If Contractor keeps and maintains public records upon completion of the Agreement, 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. Unless otherwise directed by the City, all records will be transferred at the conclusion of the Agreement.

d. Upon notice to Contractor of a request to inspect or copy public records relating to a

City’s Agreement for services, Contractor shall provide the records to the City or allow the records to be inspected or copied within a reasonable time.

e. If Contractor does not comply with the City’s request for records, such failure shall constitute a material breach and the Agreement shall terminate upon notice by the City.

f. A contractor who fails to provide the public records to the City within a reasonable time may be subject to penalties under Florida Statutes §119.10

16. E-VERIFY: In accordance with Section 448.095, Florida Statutes, Contractor shall register with and utilize the E-Verify System operated by the United States Department of Homeland Security to verify the employment eligibility of all new employees hired during the term of the Agreement and shall expressly require any subcontractors performing work or providing services pursuant to this

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Agreement to likewise utilize the E-Verify System to verify the employment eligibility of all new employees hired by the subcontractor during the term of this Agreement. If Contractor enters into a contract with a subcontractor performing work or providing services on its behalf, Contractor shall also require the subcontractor to provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Information on registration for and use of the E-Verify System can be obtained via the internet at the Department of Homeland Security website: http://www.dhs.gov/E-Verify

Every contractor shall, upon request provide evidence of compliance with this provision to City.

Failure to comply with this provision is a material breach of this Agreement, and City may choose to terminate the Agreement at its sole discretion. Contractor may be liable for all costs associated with

City securing the same services, inclusive, but not limited to, higher costs for the same services and rebidding costs (if necessary).

17. SCRUTINIZED COMPANIES CERTIFICATION: By signing this Agreement, Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section

215.4725, Florida Statutes, or engaged in a boycott of Israel. If City determines, using credible information available to the public, that Contractor has submitted false certification, City shall provide Contractor with written notice of its determination. Contractor shall have 90 days following receipt of the notice to respond in writing and to demonstrate that the determination of false certification was made in error. Failure to comply with this provision is a material breach of this

Agreement, and City may choose to terminate the Agreement at its sole discretion.

18. ENTIRE AGREEMENT/AMENDMENT: This Agreement embodies the entire understanding of the

Parties and supersedes all prior discussions and agreements between the Parties. There are no further or other agreements or understanding, written or oral, in effect between the parties relating to

[22] the subject matter of this Agreement. This Agreement shall not be modified or amended in any respect except by a written agreement executed by all Parties.

Signature page to follow

[23]

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed:

CONTRACTOR

By: _________________________

Title: _________________________

Date: ________________________

STATE OF FLORIDA

COUNTY OF __________________________

The foregoing instrument was acknowledged before me this ______ day of _____________________, ______, by _____________________________________ as ____________________ of ____________________________, a Florida corporation, who is personally known to me or has produced identification.

Notary Seal: Notary: _________________________ Print Name: _____________________ My Commission Expires: ___________

CITY OF KISSIMMEE

By: ____________________________ Jackie Espinosa, Mayor-Commissioner

Date: ___________________________

ATTEST:

Tameara Crespo, City Clerk

Approved as to form a legal sufficiency:

Olga Sanchez de Fuentes, City Attorney