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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-006Temp. Reso. # 11337 January 14, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- O& 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 0 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. I I 1 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. PASSED, ADOPTED AND APPROVED this c23 day o . 2008. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. QOREN CITY ATTORNEY Temp. Reso. # 11337 January 14, 2008 Page 4 nETH FLANSBAUM-T LABISCO, r- MAYOR RECORD OF COMMISSION' MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER 4164t- DIST 2: COMM ATKINS-GRA DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER UL Ll 1 1 a IM _l = rL m Q, mll-CD i a Iw n» 6Nos�<a 6om Emma (DD In- �+ l1 nl la la 1° ` i° D n .0 ::Y > >CL 9 �hI - - j Z w CD ° t O O O C -4 O O vv n c O O o O O O 69 (n (n Hi 69 ffl 69 .. 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AGREEMENT BETWEEN THE CITY OF TAMARAC AND PRIDE ENTERPRISES THIS AGREEMENT is made and entered into this ��day of , 200t 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 28t" 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 "). 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 31. 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 no ....... ......... ....... i 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 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 . 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 party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank .r 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. CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Date Jeffrey L. M(Iler, City Manager /d/-N /y 1? Marion Swenson, CIVIC Date City Clerk J/ W Appr ved as to form and legal sufficiency: Date Cit Attorney ATTEST: .. Signature of Golparatc Secretary pe/Print Na e of President/Owner Pride Enterprises, Inc. Company Name Rebecca Smith Type/Print Name of Corporate Secy. Jack Edgemon Signature of President (CORPORATE SEAL) Date 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. WITNESS my hand and official seal this. day of L i .�,, r { , 20 ivlY COMMISSION A L)l7)689421 ',?& EXPIRES June 26, 2011 40T 3Bt3.0153 FlorldallotaryServioexom Signature of Notary Public State of Florida at Large I1 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.