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
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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
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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-
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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.