HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-136Temp. Reso. #12125
11/8/11
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011 -
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
THE EXERCISING OF THE SECOND OPTION TO
RENEW THE AGREEMENT TO PROVIDE UTILITY
SERVICE BILL PROCESSING, AT A UNIT COST OF
$0.1109 PER BILL, FOR A TWO-YEAR PERIOD;
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AMENDMENT #2 TO THE
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND PRIDE ENTERPRISES, INC.; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide a consistently high level
of customer service; and
WHEREAS, the City of Tamarac produces approximately 18,650 paper
utility bills per month; and
WHEREAS, The City of Tamarac awarded a contract based on Bid
Number 08-01 B, to PRIDE Enterprises, Inc., for "Utility Service Bill Processing";
and
WHEREAS, the Agreement between the City of Tamarac and PRIDE
Enterprises, Inc. was initially approved by the City Commission of the City of
Tamarac via Resolution R2008-06, for a two-year period, commencing January
24, 2008, and expiring January 24, 2010, with an option to renew the Agreement
for two (2) additional two-year periods, a copy of which is included herein as
Exhibit 1"; and
WHEREAS, the City Commission of the City of Tamarac approved the first
renewal option with PRIDE Enterprises, Inc. via Resolution R-2010-5 for the
Temp. Reso. #12125
11 /8/ 11
Page 2
period commencing January 24, 2010, and expiring January 24, 2012, a copy of
such resolution is included herein as Exhibit "2"; and
WHEREAS, the Agreement with PRIDE Enterprises, Inc., provides for a
unit cost of $0.1109 per utility bill per month, with the unit cost being fixed for the
full term of the contract, providing for a cost of approximately, $24,819 per year,
based on 18,650 paper bills per month; and
WHEREAS, available funds exist in the Financial Services Customer
Service budget for said purpose; and
WHEREAS, it is the recommendation of the Director of Financial Services and
the Purchasing and Contracts Manager to exercise the second option to renew the
Agreement to provide Utility Service Bill Processing for a two (2) year period, for the
renewal period January 25, 2012 through January 24, 2014, with no additional renewal
options available thereafter, and to execute amendment #2 to the Agreement between
the City of Tamarac and PRIDE Enterprises, Inc., a copy of said amendment is included
herein as Exhibit "3".; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to exercise the
second option to renew the Agreement to provide Utility Service Bill Processing for a
two (2) year period, for the renewal period January 25, 2012 through January 24, 2014)
with no additional renewal options available thereafter, and to execute amendment #2 to
the Agreement between the City of Tamarac and PRIDE Enterprises, Inc..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Temp. Reso. #12125
11 /8/11
Page 3
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof and all exhibits referenced and attached hereto
are incorporated herein and made a specific part of this resolution.
SECTION 2: That the option to renew the Agreement between PRIDE
Enterprises, Inc., and the City of Tamarac is hereby approved.
SECTION 3: The appropriate City officials are hereby authorized to
execute Amendment #2 to the Agreement with PRIDE Enterprises, Inc.,
exercising the second option to renew the Agreement to provide for Utility Service
Bill Processing, a copy of which is attached hereto as Exhibit "3".
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
1�
Temp. Reso. #12125
11/8/11
Page 4
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this % day of
2011.
PETER M
CITY CLERK.
` 0 iAfw,��i,�i
oo
.01
ESTABLISHED o
1963
SEAL 0
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
SAM{1EL S. GON
CITY ATTORNEY
PAMELA BUSHNItLL
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 1: COMM. SWENS N
DIST 2: COMM GOMEZ�
DIST 3: V/M GLASSER
DIST 4: COMM. DRESSLE ,/
0
TR #12125 Exhibit 1
Temp. Reso. # 11337
January 14, 2008
Page 1
' CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008-8(p
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, AWARDING BID NO. 08-01 B ENTITLED "UTILITY
SERVICE BILL PROCESSING" AUTHORIZING THE APPROPIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF TAMARAC AND PRIDE ENTERPRISES, INC. FOR A
TWO-YEAR TERM COMMENCING ON DATE OF AWARD, AT A
UNIT COST OF $0.1109 PER BILL, WITH TWO (2) OPTIONAL
TWO-YEAR RENEWAL OPTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to
provide a consistently high level of customer service; and
WHEREAS, the City of Tamarac currently produces approximately 19,700
utility bills per month; and
WHEREAS, the City of Tamarac publicly advertised Bid No. 08-01 B for
Utility Service Bill Processing (incorporated by reference herein as Exhibit 1 and
on file in the City Clerk's Office) in the Sun -Sentinel on October 7, and October
14, 2007; and
WHEREAS, bids were received from
• Municipal Code
• SunGard
AXIS
• Data Prose
• Southwest Direct
Temp. Reso. # 11337
January 14, 2008
Page 2
• PRIDE Enterprises; and
WHEREAS, on November 7, 2007, six (6) bids were opened and reviewed
in order to determine cost and responsiveness to the City's technical
specifications (Copy of Bid Tabulation Sheet hereto attached as Exhibit 2); and
WHEREAS, PRIDE Enterprises, Inc. provided the lowest responsive and
responsible bid (incorporated by reference herein as Exhibit 3 and on file in the
City Clerk's Office) for utility bill processing services; and
WHEREAS, funding is available in the Financial Services Customer
Service budget for this purpose; and
WHEREAS, the City has the option to renew the contract for two (2)
additional two (2) year periods under the same terms and conditions as the
original agreement; and
WHEREAS, the City Manager, Director of Financial Services and
Purchasing and Contracts Manager recommend that Bid No. 08-01 B be awarded
to PRIDE Enterprises, Inc. for outsourcing utility bill services at a unit cost of
$0.1109 per bill, or approximately $26,217 per year or based on the Bid
specification of 19,700 bills; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
award Bid 08-01 B to PRIDE Enterprises, Inc., for utility bill service processing
services, and execute an agreement (attached hereto as Exhibit 4) to provide for
outsourcing of the City's Utility billing function, in an approximate amount of
$26,217 per year, based on 19,700 bills per month.
n
Temp. Reso. # 11337
January 14, 2008
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific
part of this Resolution.
SECTION 2: Bid No. 08-01 B Entitled Utility Bill Service Processing
Services is hereby awarded to PRIDE Enterprises, Inc.
SECTION 3: The appropriate City Officials are hereby authorized
to execute an agreement, (attached as Exhibit 4), between the City of Tamarac
and PRIDE Enterprises, Inc. for utility bill service processing services, at a unit
cost of $0.1109 per utility bill per month, from date of award, with the option for
two (2) one-year renewals. The unit cost of $0.1109 shall remain fixed for the full
term of the contract.
SECTION 4: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately
upon its passage and adoption.
Temp. Reso. # 11337
January 14, 2008
Page 4
PASSED, ADOPTED AND APPROVED this o2j -46daY o 0".z2008.
ATTEST:
MARION SWENSON, CMC
BETH FLANSBAUM-TALABISCO,
MAYOR
RECORD OF COMMISSION'
MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: VIM PORTNER 464-0
DIST 2: COMM ATKIN3-GRA
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER 4�
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAMUEL S. QOREN
CITY ATTORNEY
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
_mb
PRIDE ENTERPRISES
THIS AGREEMENT is made and entered into this o?--�day of
20a by and between the City of Tamarac, a municipal corp ation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and
Pride (Prison Rehabilitative Industries and Diversified Enterprises Inc.) a non-profit
Florida corporation, with principal offices located at 12425 281" Street N., St. Petersburg,
FL 33716 (the "Contractor") to provide for utility bill processing services.
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, Bid Document No. 08-01 B,
including all conditions therein, (General Terms 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 Bid 08-01 B as issued by City, and the Contractor's Proposal, 08-01 B 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 comply with Bid 08-01 B specifications and scope of work.
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
li.
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...................................._...__..._.._...._._....__....__.......,................1•........,..._._....__.....__....._............................,..................,.....
............ .. ...... ..
6"
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 laws
and regulations now in effect, or hereinafter enacted during the term
of this Agreement, which are applicable to the Contractor, its
employees, agents or 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 under
legal limit and rights that may be reserved under Florida Statute before
beginning work under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, and all other insurance as
required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the life
of this Agreement. Contractor shall provide to the City's Risk and Safety
Manager certificates of all insurances required under this section prior to
beginning any work under this Agreement. The Contractor will ensure that all
subcontractors comply with the above guidelines and will retain all necessary
insurance in force throughout the term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages under
legal limit and rights that may be reserved under Florida Statute resulting
from failure of the Contractor to take out and maintain such insurance.
Contractor's Liability Insurance policies shall be endorsed to add the City as
an additional insured. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance
policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced and fully
operational not later than sixty (60) days after City execution of the Agreement. Services
shall be for two (2) years from execution of Agreement and subject to renewal provisions.
5) Contract Sum
The Contract Sum for the above work is based on Unit Prices bid for Items 1A, 2,
and 3B as bid by Contractor for a total Unit Price of 0.1109 per utility bill, times an
approximate quantity of 19,700 bills monthly.
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoices. City has up to thirty (30) days to review, approve and pay all invoices
after receipt. All payments shall be governed by the Local Government Prompt Payment
Act, F.S., Part VII, Chapter 218.
7) Indemnification
7.1 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. This article is
also subject to Contractor's legal limits and rights reserved as may be
applicable under Florida Statute.
7.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason,
the terms and conditions of this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
ii. City reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Contractor under the
indemnification agreement.
7.3 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.
8) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, color, sex, religion,
age, national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. The Contractor will take affirmative action to ensure that employees
are treated during employment, without regard to their race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Such actions must include, but not be limited to, the following:
employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor shall agree to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
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.._"............ ...._................__...___...,.............._......._....._.............,................................. .... ...... ... .. .....,.......... , .._........._...
contracting officer setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made
aware of and will comply with this nondiscrimination clause.
9) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the 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.
10) 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.
11) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as
follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
2
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CONTRACTOR
Pride Enterprises Inc.
12425 28th Street, N.
St. Petersburg, FL 33716
(727) 572-1987
12) Termination
12.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon seven (7) days of written notice by the City to the
Contractor for such termination in which event the Contractor shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the Contractor abandons
this Agreement or causes it to be terminated, Contractor shall indemnify the
city against loss pertaining to this termination_
12.2 Default by 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.
13) Uncontrollable Forces
13.1 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.
13.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the exercise
of reasonable diligence, prevented, removed, or remedied with reasonable
dispatch. The nonperforming party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of
this Agreement.
14) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
3.
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of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
15) 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.
16) 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.
17) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the 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.
19) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from
the negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise accrue
to the benefit of any parry to the Agreement, and each party expressly waives the right to
assert such a presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
Remainder of Page Intentionally Blank
. . .... ... ... . . . ... .. ...... . .... . ....... ........ .
....... ... .............. .............................................. ... ........... ..... . ....... . .......
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its President
duly authorized to execute same -
ATTEST:
L
Marion Swenson, CIVIC
City Clerk
Date
ATTEST:
....Signature. of GG*rate Secretary
CITY OF TAMARAC
Beth'Flansbaum-Talabisco, Mayor
Date
Jeffrey L
Date
ler, City Manager 45-t-,
//,.-v /0�?
ApPq ved as to form and legal sufficiency:
Cit4ttorn'ey
Date
Pride Enterprises, Inc.
Company Name
Jack Edgemon
Signature of President
Rebecca Smith
Type/Print Name of Corporate Secy. pe/Print
.',e of President/Owner
(CORPORATE SEAL)
Date
Irx"
1_/. Jf•.�. 1
CORPORATE ACKNOWLEDGEMENT
STATE OF _.. t `' '-.•
:SS
COUNTY OF
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
Jack Edgemon, of Pride Enterprises Inc, a Florida Corporation, to me known to be the
person(s) described in and who executed the foregoing instrument and acknowledged
before me that he/she executed the same.
- r
WITNESS my hand and official seal this. day of 20
CAROL LYNN 0 LOSKI
MY COMMISSION # O 689421
EXPIRES June 26, 2011
(401)398.0153 FlorldeNot�ryServico.com
Signature of Notary Public
State of Florida at Large
f-
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.
TR #12125 Exhibit 2
0
Temp. Reso. #11749
12/16/09
Rev. 1 —1 /6/10
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010 - 06'0-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AMENDMENT #1 TO THE AGREEMENT
BETWEEN THE CITY OF TAMARAC AND PRIDE
ENTERPRISES, INC., EXERCISING THE OPTION
TO RENEW THE AGREEMENT TO PROVIDE
UTILITY SERVICE BILL PROCESSING, AT A UNIT
COST OF $0.1109 PER BILL, FOR A TWO-YEAR
PERIOD; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide a consistently high level
of customer service; and
WHEREAS, the City of Tamarac produces approximately 19,700 utility bills
per month; and
WHEREAS, The City of Tamarac awarded a contract based on Bid
Number 08-01 B, to PRIDE Enterprises, Inc., for "Utility Service Bill Processing";
and
WHEREAS, the Agreement between the City of Tamarac and PRIDE
Enterprises, available for review in the Office of the City Clerk, was initially for a
two-year period, commencing January 24, 2008, and expiring January 24, 2010,
with an option to renew the Agreement for two (2) additional two-year periods; and
WHEREAS, the Agreement with PRIDE Enterprises, Inc., provides for a
unit cost of $0.1109 per utility bill per month, with the unit cost being fixed for the
full term of the contract, providing for a cost of approximately, $26,271 per year,
based on 19,700 bills per month; and
Temp. Reso. #11749
12/16/09
Rev. 1 —1 /6/10
Page 2
WHEREAS, available funds exist in the Parks and Recreation Customer
Service budget for said purpose; and
WHEREAS, it is the recommendation of the Director of Parks and Recreation
and Purchasing and Contracts Manager to exercise the option to renew the Agreement
to provide Utility Service Bill Processing for a two (2) year period, for the renewal period
January 25, 2010 through January 24, 2012, with one renewal option available
thereafter; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to exercise the
option to renew the Agreement to provide Utility Service Bill Processing for a two (2)
year period, for the renewal period January 25, 2010 through January 24, 2012, with
one renewal option available thereafter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: The foregoing Whereas clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution upon adoption hereof. All exhibits attached hereto are incorporated and
made a specific part of this resolution.
SECTION 2: The appropriate City officials are hereby authorized to
execute Amendment No. 1 to Agreement with PRIDE Enterprises, Inc., exercising
the option to renew the Agreement to provide for Utility Service Bill Processing, a
copy of which is attached hereto as "Exhibit 1 ".
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
C�
Temp. Reso. #11749
12/16/09
Rev. 1 —1 /6/10
Page 3
SECTION 4: 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 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of ,
2010.
BETH FLANS- *BAIJM-T ABIS'CO
MAYOR
ATTEST:
J�
MARION S EN:
CITY CLE
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
'4VOJ\Y ./////a
SAMUEL S. GOREN
CITY ATTORNEY
Record of COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELI
DIST 2: COMM ATKINS-GRA
DIST 3: COMM GLASSER
DIST 4: VM DRESSLER
I
City of T xmurac Purchasing Division
AGREEMENT AMENDMENT #1
BETWEEN THE CITY OF TAMARAC
AND
PRIDE ENTERPRISES
THIS AGREEMENT is made and entered into this /
&ay of
20,jQ by and between the City of Tamarac, a municip& corporation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and
Pride (Prison Rehabilitative Industries and Diversified Enterprises Inc.) a non-profit
Florida corporation, with principal offices located at 12425 28th Street N., St. Petersburg,
FL 33716 (the "Contractor") agree to amend the original Agreement dated January 24,
2008 as follows:
Per the terms of Section 4. Term, of the original Agreement dated January 24,
2008, the City and Contractor exercise the first renewal option for the term January 25,
2010 through January 24, 2012.
All other provisions of the original agreement remain in effect as written.
REMAINDER OF PAGE INTENTIONALLY BLANK
1
City of Tamurtrc PurehaO g.Diyision
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City
of Tamarac signing through its City Manager and its City Commission signing by
and through its Mayor and its City Manager, and CONTRACTOR signing by and
through its President, duly authorized to execute same.
CITY OF TAMARAC
Beth Flans aum-Talabisco, M or
3 o/d
Date
ATTEST: Affrey If.Allilf6r, City Manager
'IOU za,
�aric5n. SWenson C C Date 4�7 7
V ity Clerk--
l3 C� d/6 Appro d as to form and legal sufficiency:
to
Sarp6el S. Gdren,itity Attorney
Date
ATTEST: ' PRIDE Enterprises, Inc.
Company Name
sistant Secr ry to the Board)/Date Signa re of President
Denise Kiminki
Asst. Secretary to the Board
(CORPORATE SEAL)
2
Jack Edgemon
Type/Print Name of President
Date
2
C'rty of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
SS
COUNTY OF&, -4Aae, :
Purchasing Division
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Jack Edgemon of PRIDE Enterprises, Inc., a Florida Corporation, to me known to be the
person(s) described in and who executed the foregoing instrument and acknowledged
before me that he/she executed the same.
WITNESS my hand and official seal this day of eCerK.. 4el , 20 L) t
&'64 0
R
Signature of Notary Public
State of Florida at Large
CAROL LYNN ORLOSKI
*: MY COMMISSION # D11689421
EXPIRES June 26, 2011
(407) Z IS-0153 Florldift mServIca.com
3
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I. D. Produced
N�-- DID take an oath, or
❑ DID NOT take an oath.
TR #12125 Exhibit 3
{ 11. € / IC11'110r(ic
AGREEMENT AMENDMENT #2
BETWEEN THE CITY OF TAMARAC
AND
PRIDE ENTERPRISES, INC.
1'111•c�hosinng Oit'i ions
THIS AGREEMENT is made and entered into this 14 day of LLt�
20JI 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
Pride (Prison Rehabilitative Industries and Diversified Enterprises Inc.) a non-profit
Florida corporation, with principal offices located at 12425 28th Street N., St. Petersburg,
FL 33716 (the "Contractor") agree to amend the original Agreement dated January 24,
2008 as follows:
Per the terms of Section 4, Term, of the original Agreement dated January 24,
2008, the City and Contractor exercise the second renewal option for the term January
25, 2012 through January 24, 2014.
All other provisions of the original agreement remain in effect as written.
REMAINDER OF PAGE INTENTIONALLY BLANK
I
City of Tamarac
Purchasing Division
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City
of Tamarac signing through its City Manager and its City Commission signing by
and through its Mayor and its City Manager, and CONTRACTOR signing by and
through its President, duly authorized to execute same.
ATTEST:
Peter M.J. Richar on, CRM, CIVIC
City Clerk \`��� �, i i � ► e � 1�/�,
V. TAMd
Date '
ESTI�BUSHE®: e =_
w 1963 '
o SEAL ;• O
. •.
COU
�+frad►��°�
ATTEST:
(Assistant Secret
Denise Kiminki
to the Board)/Date
Asst. Secretary to the Board
(CORPORATE SEAL)
CI Y OF TAMARAC
Pamela Bushnell, Mayor
Date
- - ,-- - - ---- --
Date
Approved as to form and legal sufficiency:
• •
r
Date
PRIDE Enterprises, Inc.
Comply Name
ignature,& President
Jack Edgemon
Type/Print Name of President
Date
M3
City of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, befi
aforesaid and in the County aforesaid to
Jack Edgemon of PRIDE Enterprises, Inc.
person(s) described in and who executed
before me that he/she executed the same.
WITNESS my hand and official seal this
Purchasing Division
)re me, an Officer duly authorized in the Sate
take acknowledgments, personally appeared
a Florida Corporation, to me known to be the
the foregoing instrument and acknowledged
7
day of .� , 20.
F,
D
--.�..- ture of Notary Public
CAROL LYNN RLO
@ e of Florida at Large
My` (',CiMMlSSlO r EE089090
EXPIRES June 26, 2015
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.
.............
3