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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-089Temp. Reso. # 11425 June 2, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING AN EXPENDITURE NOT TO EXCEED $44,000 FOR TEMPORARY WORKERS UTILIZING THE STATE OF FLORIDA AGREEMENT WITH DEANNA ENTERPRISES, INC.; AUTHORIZING BUDGET AMENDMENTS FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is responsible for treating canals and drainage areas within the City to protect against flooding and to enhance the aesthetic appeal of the City's waterways; and WHEREAS, an excess of aquatic vegetation may impede water flow and drainage and is not consistent the standards of appearance which have been set; and WHEREAS, aquatic growth in canals and drainage areas significantly increases due to factors such as a higher rainfall during the six month rainy season typically from May through October, the introduction of nutrients through the application of lawn fertilizers, the presence of grass clippings, and the intensity of the sun from South Florida's sub -tropical climate; and WHEREAS, increased precipitation during summer months and the potential for torrential downpours associated with hurricane season present a risk of flooding; and WHEREAS, limited access for mechanical removal of aquatic vegetation and Temp. Reso. # 11425 June 2, 2008 Page 2 legal limits on chemical treatment necessitates hand removal of aquatic vegetation; and WHEREAS, the Stormwater department remains responsible for daily maintenance, debris removal, and emergency work to the City's canals and drainage areas, removal of excess vegetation would interfere with these essential duties; and WHEREAS, due to the seasonal labor force requirements of this work, the Public Works Department has determined the use of temporary labor to meet said needs is the fiscally responsible solution; and WHEREAS, City of Tamarac Code §6-155 allows the Purchasing/Contracts Manager the authority to waive purchasing procedures to procure supplies, materials, equipment, and services which are subject to contracts with other governmental agencies when the best interest of the City would be served; and WHEREAS, the State of Florida Contract for Temporary Workers with Deanna Enterprises, Inc., was found to be advantageous for the City of Tamarac, incorporated herein by reference and on file in the Office of the City Clerk; and WHEREAS, Deanna Enterprises has agreed to honor the prices, terms, and conditions of the Purchasing Cooperative Contract as evidenced in Attachment B to Exhibit 1; and WHEREAS, the Director of Public Works and Purchasing/Contracts Manager recommend that the City utilize the Contract with Deanna Enterprises, Inc. to acquire temporary labor; 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 acquire Temp. Reso. # 11425 June 2, 2008 Page 3 temporary labor utilizing the Purchasing Cooperative Contract with Deanna Enterprises, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: 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. SECTION 2: The appropriate City Officials are hereby authorized to execute an agreement, hereto attached as Exhibit 1, with Deanna Enterprises, Inc. in an amount not to exceed $44,000 for temporary workers; and SECTION 3: All budget amendments for proper accounting purposes are hereby authorized. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. 1 PASSED, ADOPTED AND APPROVED this �i 2008. ATTEST: MARION SWENSON, C CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. n c7-1 VG✓ ePA)JS MUEL S. GOREN CITY ATTORNEY Temp. Reso. # 11425 June 2, 2008 Page 4 day of ,,-47 • MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER DIST 2: COMM ATKINS-GRA DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 1 City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND DEANNA ENTERPRISES INC., D/B/A A-1-A EMPLOYMENT OF MIAMI THIS AGREEMENT is entered into on 4,La 2008 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (City) and Deanna Enterprises, Inc., d/b/a A-1-A Employment of Miami, a Florida corporation with offices located at 2125 Biscayne Blvd., Suite 205, Miami, Florida 33137 (Contractor) for the purpose of providing Temporary Employment Services to the City of Tamarac. WHEREAS, the City is in need of Temporary Employment Services to perform various duties on behalf of the City; and WHEREAS, the State of Florida competitively solicited for, and entered into Agreement # 991-460-07.1 for Temporary Employment Services through May 16, 2010 with Contractor; and WHEREAS, the City may waive purchasing procedures in the award of an Agreement which are subject to contracts with the State of Florida per the requirements of Article V Finance and Taxation, Section 6-155 of the City of Tamarac Code. Now therefore, the parties hereby agree to the following: In return for valuable consideration in an amount based upon actual usage of Temporary Employment Services, Contractor shall comply with the terms and conditions within the original agreement, as amended, attached hereto as Exhibit A. All terms and conditions of the contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Contractor's Proposal dated May 27, 2008, attached hereto as Exhibit B, and incorporated herein as if set forth in full. Services shall include the provision of temporary blue collar personnel for use by the City. 2. Contractor Agrees to, in the performance of work and services under this Agreement, to comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. 3. Pricing: Pricing for General Blue Collar Labor services shall be in accordance with Exhibit B, for ($12.92) per hour as indicated in Exhibit B herein, however, the total sum of the Agreement shall not exceed a cap of $44,000. 4. Term: The term of this Agreement shall be until completion of the City project, effective on the date of approval of this Agreement. 5. Upon execution of this Agreement, all references made to the State of Florida shown in Agreement in Exhibit A and Exhibit B shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit 13 shall be deemed as having been implemented for use within the City of Tamarac. It is understood that UARe1CONTRACMAgreement — 2008 A-1-A PersonneLdoc City of Tamarac Purchasing and Contracts Division wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners". 6. Insurance: In addition to the insurance requirements stated in the Town of Davie Agreement, Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement, and be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. 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. The following minimal insurance coverage shall be provided: a. Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. b. Comprehensive General Liability: The Contractor shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability; Explosion, Collapse, Underground Hazard; Broad Form Property Damage; Cross Liability and Severability of Interest Clause. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. c. Business Automobile Liability: The Contractor shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. d. The Contractor's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". e. If the Contractor is to provide professional services under this Agreement, the Contractor must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the WFile1CONTRACTS1Agreement — 2008 A-1-A Personnel.doc of Tamarac Purchasing and Contracts Division aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. (NOTE: Professional Liability insurance is NOT required for this project.) f. All insurance carriers shall berated at least A-VII per Best's Key Rating Guide and be licensed to do business in the State of Florida. "Occurrence" form policies are required. g. In the event that sub -contractors used by the Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless the City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub -contractors. Contractor or any subcontractors shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Contractor shall ensure that all sub -contractors will comply with the above guidelines and will maintain the necessary coverage(s). Contractor shall indemnify and hold the City harmless for any damages 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. 7. Indemnification: a. Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractors, any sub -contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. b. 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. UAFile1CONTRACT&4greement — 2008 A-1-A Personnel.doc City of Tamarac Purchasing and Contracts Division c. The Consultant 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. d. 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 Consultant under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. e. Contractor shall, for all services to be provided by Contractor on behalf of City in this Agreement, be deemed an agent of the City for purposes of sovereign immunity pursuant to section 768.28, Florida Statutes, to the extent permitted by law. 8. Non -Discrimination & Equal Opportunity Employment: During the performance of the Contract, the Consultant 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 Consultant 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 Consultant shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that he/she will ensure that Sub -consultants, 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 U:IRWCONTRACTS1Agreement — 2008 A-1-A PersonneLdoc of Tarnarac Purchasing and Contracts Division 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. Termination: 11.1 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. 11.2 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. 12. 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. 13. 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. 14 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. 15. 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- UARe1CONTRACTS1Agreement — 2008 A-1-A Personnel.doc City of Tamarac Purchasing and Contracts Division 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. 16. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the City and the Contractor. 17. 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. 18. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 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 Deanna Enterprises, Inc. d/b/a A-1-A Employment of Miami 2125 Biscayne Blvd., Suite 205 Miami, FL 33137 Attn: Veldrin Freemon, President Remainder of Page Intentionally Blank UARe1CONTRACTS14greement — 2008 A-1-A Personnel.doc of Tamarac and Contracts Division 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 Deanna Enterprises, Inc., d/b/a A-1-A Employment of Miami, Inc., signing by and through its authorized representative duly authorized to execute same. CITY OF TAMARAC ATTEST: Orion Swenson, CMC Cfy Clerk Date ATTEST: Sjgnature of/Corporate Secretary Uriai T. Burrows Type/Print Name of Corporate Secy (CORPORATE SEAL) Beth Flansbaau�um-Talabisco, Mayor Date Jeffrey L. Miller, City Manager � /,") Date Approved as to form and legal sufficiency: nj amue S. LG— I I - 4�" City Attorney �2 Date Deanna Enterprises, Inc., d/b/a A-1-A Emalovment of Miami Company Name Signature of Vice-Pfesident-t-� Veldrin Freemon Type/Print Name of Vie 00 JuFue Date of Tamarac CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: :SS COUNTY OF and Contracts Division 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 Veldrin Freemon President of Deanna Enterprises, Inc., d/b/a A-1-A Employment of Miami, 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 %6 day of i >��' , 20,09 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public X Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or K DID NOT take an oath.