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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-093Temp. Reso. #12074 - July 28, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INSTRUCTOR AGREEMENT WITH SUNRISE SWIMMING FOR THE SUNRISE SWIMMING PROGRAMS HELD AT THE CAPORELLA AQUATIC CENTER IN AN AMOUNT NOT TO EXCEED $37,352 IN FY2011 AND $45,000 IN FY2012; AMENDING THE APPROPRIATE PARKS AND RECREATION DEPARTMENT REVENUE AND EXPENDITURE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac recognizes a need to offer specialized recreation activities in a broad based leisure services system; and WHEREAS, the City of Tamarac recognizes the importance of providing qualified individuals to teach or conduct specialized recreation activities; and WHEREAS, Sunrise Swimming meets the needs and has the qualifications required by the City of Tamarac; and WHEREAS, the City of Tamarac Parks and Recreation Department is desirous of establishing and executing an Instructor Agreement with Sunrise Swimming for the provision of swimming programs to be held at the Caporella Aquatic Center; and Temp. Reso. #12074 - July 28, 2011 Page 2 WHEREAS, the term of the agreement is for a six-month period, August 4, 2011-January 31, 2012; and WHEREAS, Article 2 of the Agreement, Contractor Obligations, provides that Sunrise Swimming shall establish a participant registration fee with the City conducting all registrations; and WHEREAS, Article 4 of the Agreement, Compensation/Attachment A, provides for 80% of participant registration fees collected by the City for the Sunrise Swimming Program to be paid to Sunrise Swimming with 20% of said fees collected retained by the City; and WHEREAS, the Director of Parks and Recreation recommends execution of an Instructor Agreement between the City of Tamarac and Sunrise Swimming for the provision of swimming programs to be held at the Caporella Aquatic Center, in an amount not to exceed $37,352 in FY11 and $45,000 in FY12; 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 execute an Instructor Agreement between the City of Tamarac and Sunrise Swimming for the provision of swimming programs to be held at the Caporella Aquatic Center, in an amount not to exceed $37,352 in FY11 and $45,000 in FY12; and Temp. Reso. #12074 - July 28, 2011 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 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 an Instructor Agreement between the City of Tamarac and Sunrise Swimming for the provision of swimming programs to be held at the Caporella Aquatic Center, in an amount not to exceed $37,352 in FY11 and $45,000 in FY12, attached hereto as Exhibit "1 ". SECTION 3: The City Commission authorizes the appropriate City Officials to include an amendment to the appropriate revenue and expenditure accounts in the amount of $10,000 through a budget amendment. 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 Temp. Reso. #12074 - July 28, 2011 Page 4 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. PASSED, ADOPTED AND APPROVED this ATTE PETER M. J. rzICVAk9SON, CRM, CMC CITY CLERK .���\\OF TA'M,4 0�y • S�A� �0= /,,0�COUTN AT I HAVE I HEREBY CERTIFY iH APPROVED THIS RESOLUTION AS TO FORM. VM4,I -1 SA ° EL S. GO CITY ATTORNEtjY "I day of �� , 2011. P-�,L PAMELA BUSHNELL MAYOR RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 1: COMM. SWENS N L DIST 2: V/M GOMEZ - DIST 3: COMM. GLASS R 4 DIST 4: COMM. DRESSLERi:�;v.� 1 1 1 Temp. Reso. #12074 — Exhibit 1 City of Tamarac Parks and Recreation Department Instructor Agreement This agreement is entered into this 4t" day of August 2011 by and between the City of Tamarac, 7525 NW 88t" Avenue Tamarac, Florida 33321 (hereinafter CITY) and Sunrise Swimming, having an address of P.O. Box 45051, Sunrise, Florida 33345, (hereinafter CONTRACTOR). WHEREAS, the CITY recognizes a need to offer specialized recreation activities in a broad based leisure services system; and WHEREAS, the CITY recognizes the importance of providing qualified individuals to teach or conduct specialized recreation activities; and WHEREAS, the CONTRACTOR meets the qualifications required by the CITY. Now, therefore, in and for the mutual covenants contained herein and for other good and valuable consideration; the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: Article 1-TERM OF AGREEMENT 1.1 This Agreement shall become effective upon execution by both parties and shall continue in effect from 8/4/11-1/31/12 unless otherwise terminated earlier. This Agreement may be extended by written mutual agreement of the parties for a term not to exceed one year. 1.2 Any terms or conditions of this Agreement that require acts beyond the date of the term of this Agreement shall survive termination of this Agreement and shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. Article 2-CONTRACTOR OBLIGATIONS 2.1 CONTRACTOR shall perform the services described in Attachment A, attached hereto and incorporated herein as if set forth in full. 2.2 CONTRACTOR shall not subcontract or otherwise engage subcontractors to perform the required services without prior written consent of City. The CITY may require that the CONTRACTOR not be permitted to utilize instructors who fail to perform to the professional standards and expectations under the terms of this Agreement. 2.3 The CONTRACTOR shall stipulate and certify that (s)he is qualified to teach the course (s)he is contracted to teach, maintains the education and required licenses or permits necessary to teach the class and shall continue to maintain such licenses or permits during the tenure of this Agreement. A copy of such licenses or permits is attached hereto as otherwise fully set forth in Attachment A. 2.4 The CONTRACTOR is responsible for providing all necessary equipment to perform class unless otherwise specified in Attachment A. 2.5 The CONTRACTOR shall maintain accurate activity/class attendance records and submit completed attendance forms to the CITY at the end of each session. 2.6 The CONTRACTOR shall establish a participant registration fee, as outlined in Attachment A. that is acceptable and agreed upon by the CITY unless CITY has previously set class fee. This fee will remain in effect throughout the agreement period. 2.7 The CONTRACTOR shall notify all participants of activity/class cancellation as soon as possible. In conjunction, the CONTRACTOR shall receive approval from the CITY and notify all participants of substitute instructors, at least one (1) class prior to the required absence. 2.8 The CITY shall schedule CONTRACTOR'S activity/class in the appropriate facility, at a mutually agreed upon time and day as described in Attachment A. 2.9 The CITY will conduct all registration. The participants must make full payment at time of registration. The CITY will not accept prorated payments for activities. A Non -Resident fee will be added onto the participant registration fee and withheld by the CITY. 2.10 The CITY may void this agreement if a minimum registration is not met as described in Attachment A. The CONTRACTOR shall submit all requests for schedule change, special assistance, or complaints, etc., in writing or through personal appointment with the Director of Parks & Recreation or Designee (hereinafter "CITY designee"). 2.11 The CONTRACTOR shall provide necessary supervision to ensure that the participants of the program obey all facility rules and regulations. Article 3-DISCRIMINATION No person, on the grounds of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation or disability shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the class by the CONTRACTOR. Article 4-COMPENSATION 4.1 CONTRACTOR'S total compensation for services shall be as designated in scope of services (Attachment A). The CONTRACTOR shall submit an invoice based on each month's registration to: 2 City of Tamarac Parks and Recreation Department 8601 West Commercial Boulevard Tamarac, FI 33351 OR CONTRACTOR will be paid a per class fee as outlined in Attachment A. 4.2 Payment shall be made by the CITY within thirty (30) calendar days after receipt of and approval of the invoice by the CITY designee. 4.3 Taxes and Other Employment Levies: CITY shall not be responsible for reporting, paying to CONTRACTOR or withholding employment taxes or other similar levies which federal or state law may require. 4A CONTRACTOR shall perform the services described in Attachment A. Upon satisfactory performance of said services described in Attachment A, the City will pay CONTRACTOR an amount designated in Attachment A. Payment will be made upon completion, delivery, and acceptance by the City of the services as detailed in Attachment A and submission of an invoice for said services. CONTRACTOR shall not incur costs for performance of services under this Agreement in excess of said amount without the prior written authorization of the City Manager or designee. Article 5-GENERAL 5.1 Room location is subject to change without notice. 5.2 The CONTRACTOR shall not expel a patron from an activity/class. Any patron problems should be brought to the attention of the CITY Designee for further action. 5.3 CONTRACTOR shall be provided with activity space while utilizing City premises. CONTRACTOR shall keep the premises free from accumulation of waste material or rubbish caused by the provision of the services. At the completion of each class, CONTRACTOR shall remove all waste materials and rubbish from or about the premises as well as all equipment, and materials and return the space to a condition suitable for use by CITY. 5.4 Request for signs or advertisement of any kind shall be directed to the CITY or designee. The CITY or designee shall approve posters and/or flyers advertising any programs in advance, in writing. 5.5 The CITY is entitled to take photographs of classes for use by the City in promotional materials. 5.6 The CITY, through its designee, reserves the right to use the instruction areas for special activities, or other necessary activities or functions, upon giving reasonable notice to the CONTRACTOR. 3 5.7 This agreement is considered a non-exclusive Agreement between the parties. The CITY shall have the right to purchase the same kind of services to be provided by the CONTRACTOR from other sources during the term of this Agreement. The CONTRACTOR is not precluded from providing the same or similar services to other parties so long as such other engagements do not interfere with the CONTRACTOR's provision of services to the City pursuant to this agreement. 5.8 CONTRACTOR shall be responsible for providing all necessary classroom materials. CITY will not provide any materials or copying services unless otherwise addressed in Attachment A. Article 6 — INSURANCE CONTRACTOR shall obtain at CONTRACTOR'S expense all necessary insurance in such form and amount as required by the City's Risk & Safety Manager before beginning work under this agreement including, but not limited to, Workers' Compensation Insurance, Liability Insurance, Unemployment Insurance and all other insurance required by law. 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 insurance required under this section prior to beginning any work under this Agreement. Article 7 - INDEMNIFICATION CONTRACTOR shall indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from any and all claims, damages, losses, liabilities and expenses direct, indirect or consequential, arising out of or alleged to have arisen out of or in consequence of the performance of the services by the CONTRACTOR or its subcontractors, agents, or employees pursuant to this Agreement, specifically, including but not limited to, any act, omission, default or negligence of the CONTRACTOR in the provision of the services under this Agreement; and/or violation of applicable federal, state, county or municipal laws, ordinances or regulations by CONTRACTOR. Article 8 - INDEPENDENT CONTRACTOR 8.1 The CONTRACTOR, it's employees, subcontractors, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create an employer/employee relationship, a partnership association, joint venture or undertaking between the parties. 8.2 Neither the CONTRACTOR nor any of its employees, subcontractors, volunteers or agents shall receive or be entitled to any benefits afforded to CITY employees. CI 8.3 The CONTRACTOR acknowledges that they: maintain a separate business with their own work facility, truck, equipment, materials, or similar accommodations; hold or have applied for a federal employer identification number, unless they are a sole proprietor who is not required to obtain a federal employer identification number under state or federal regulations; perform work or are available to perform work for any entity in addition to or besides the CITY at their own election without the necessity of completing an employment application or process; receive compensation for work or services rendered on a competitive bid basis or completion of a task or a set of tasks as defined by this contractual agreement. Article 9-ASSIGNMENT CONTRACTOR recognizes that the services of the CONTRACTOR are personal in nature and therefore, the CONTRACTOR shall not assign, or transfer its rights, title or interests in the Agreement nor shall the CONTRACTOR delegate any of the duties and obligations undertaken by the CONTRACTOR without prior written approval of the CITY. Article 10-TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by CITY or CONTRACTOR for cause or by the CITY for convenience, upon 14 days written notice by the terminating party to the other party of 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. 10.2 Default by CONTRACTOR: In addition to all other remedies available the CITY, this Agreement shall be subject to cancellation by the CITY 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 14 days after receipt by CONTRACTOR of written notice of such neglect of failure. Article 11-MISCELLANEOUS 11.1 This Agreement contains the entire understanding of the parties relating to the subject matter superseding all prior communication between the parties whether oral or written. 11.2 This Agreement may not be altered, amended, modified or otherwise changed nor may any of its terms be waived, except by a written instrument executed by both parties. 5 11.3 The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall be construed as a wavier or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. 11.4 This Agreement constitutes the complete understanding of the parties for services and shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. Article 12-NOTICE All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested, to the following persons and addresses: CITY: City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FI 33321 (with copy to the City Attorney at same address) CONTRACTOR: Sunrise Swimming PO Box 45051 Sunrise FL 33345 G ACKNOWLEDGEMENT IN WITNESS WHEREOF, the parties, the CITY,OF TAMARAC, through its authorized representative, and �hrough its duly authorized representative have made and executed this A`r�r6ement on the respective dates under each signature CONTRACTOR CONTRACTOR Signature STATE OF FLORIDA Date: d"y—/ I S COUNTY OF + r Before me personally appeared, l ld Ct iwA,' ` '� e ✓ known to me to be the person described herein and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the said purposes therein expressed. WITNESS m hand and official seal, this day of 4" 20 Y � Y L.[ WADE CHARD CLAIR MY COMMMSION # EEOOP32 nD� EXPIRE$ JWy 11, 2016 Flpifp .COIp My Commission expires: '� �\\ \ 1 10'-' m CITY City Clerk. Approved as to form and legal sufficiency: Vlk / IIA, YI'Lelll. City NOTARY PUBL Florida at Large xcfk4,! of rl MLL� Lie" PRINT or TYPE e o Notary. A� All �• � r r Date: 6-�LI ` Z©l 1 Coy M"'"oof VA No Text INSURANCE REQUIREMENTS: (Attach proof of insurance and appropriate documents for all coverages) 1. General Liability & Professional Liability (Please include one of the following): ❑ General Liability Insurance proof of insurance (with City named as additional insured) or ❑ Complete City of Tamarac Instructor's Liability Application Form Attached 2. Automobile Liabilit ❑ Automobile Liability/Property Damage coverage proof of insurance attached 3. Workers' Compensation (Please include one of the following): ❑ Workers' Compensation Insurance; or, ❑ Workers' Compensation Exemption, (please attach the exemption certificate and list the total # of employees in your firm — ex: one, two, three...) number of employees; or, ❑ Sole Proprietor (please attach statement with signature) ATTACHMENT A SCOPE OF SERVICES ARE AS FOLLOWS: Name of Class: Sunrise Swim Team -Stroke and Fun Instructor responsibilities: Communicating the needs of the program and scheduling sessions with the Aquatic Supervisor. Required licenses, permits and/or certifications: Date and time: Mondav-Fridav 5om-7pm Length of Session: 08/04/11-1/31/2012 Participant registration fee: $ 45/month for 2Xweek, $50/month for 3x week,$60/month for 4xweek. • 10% penalty imposed on all monthly fees received after the 10th of each month. Location: Tamarac Aauatic Center Special Requirement: Minimum # of participants: Maximum # of participants: 200 PAYMENT: Percentage of fee paid to CONTRACTOR: 80% of fees collected • Contractor shall submit an invoice based on monthly registration to the City. • Payment by the City shall be made within 14 calendar days after receipt of and approval of invoice by Director. 07 SCOPE OF SERVICES ARE AS FOLLOWS: Name of Class: Sunrise Swim Team-JO1 Instructor responsibilities: Communicating the needs of the program and scheduling sessions with the Aauatic Suaervisor. Required licenses, permits and/or certifications: Date and time: Monday -Friday 5pm-7pm Length of Session: 08/04/11-1 /31 /2012 .,. Participant registration fee: 65/month for 3Xweek. $70/month for 4x week.$75/month ,,,__,.._....._._..�_ for 5xweek. • 10% penalty imposed on all monthly fees received after the 10t" of each month. Location: Tamarac A uatic Center Special Requirement: Minimum # of participants: 5 Maximum # of participants: 200 PAYMENT: Percentage of fee paid to CONTRACTOR: 80% of fees collected • Contractor shall submit an invoice based on monthly registration to the City. • Payment by the City shall be made within 14 calendar days after receipt of and approval of invoice by Director. SCOPE OF SERVICES ARE AS FOLLOWS: Name of Class: Sunrise Swim Team -Fitness Instructor responsibilities:. Communicating the needs of the program and scheduling sessions with the A uatic Supervisor. Required licenses, permits and/or certifications: Date and time: Monday -Friday 5pm-7pm - Length of Session: 08/04/11-1 /31 /2012 Participant registration fee: $ 50/month for 3Xweek • 10% penalty imposed on all monthly fees received after the 10t" of each month. Location: Tamarac Aauatic Center Special Requirement: Minimum # of participants: 5 Maximum # of participants: PAYMENT: Percentage of fee paid to CONTRACTOR: 80% of fees collected • Contractor shall submit an invoice based on monthly registration to the City. • Payment by the City shall be made within 14 calendar days after receipt of and approval of invoice by Director. 11 SCOPE OF SERVICES ARE AS FOLLOWS: Name of Class: Sunrise Swim Team -Masters Instructor responsibilities: Communicating the needs of the program and scheduling sessions with the A uatic Supervisor. Required licenses, permits and/or certifications: Date and time: Monday -Friday 5 m-7 m Length of Session: 08/04/11-1 /31 /2012 Participant registration fee: 35/month for 2Xweek 45/month for 3-5x week. • 10% penalty imposed on all monthly fees received after the 10th of each month. Location: Tamarac Aquatic Center Special Requirement: Minimum # of participants: Maximum # of participants I]_\'/►'il:I1!1111 mul Percentage of fee paid to CONTRACTOR: 80% of fees collected • Contractor shall submit an invoice based on monthly registration to the City. • Payment by the City shall be made within 14 calendar days after receipt of and approval of invoice by Director. 12 SCOPE OF SERVICES ARE AS FOLLOWS: Name of Class: Sunrise Swim Team -Private Lessons Instructor responsibilities: Communicating the needs of the_proaram and scheduling sessions with the Aquatic Supervisor. Required licenses, permits and/or certifications: Date and time: Monday -Friday 5 m-i m Length of Session: 08/04/11-1/31/2012 Participant registration fee: $ 25/per 30 minute lesson • 10% penalty imposed on all monthly fees received after the 10t" of each month. Location: Tamarac A uatic Center Special Requirement: Minimum # of participants: Maximum # of participants: PAYMENT: M Percentage of fee paid to CONTRACTOR: 80% of fees collected Contractor shall submit an invoice based on monthly registration to the City. Payment by the City shall be made within 14 calendar days after receipt of and approval of invoice by Director. 13