HomeMy WebLinkAboutCity of Tamarac Resolution R-98-169February 23, 1998 - Temp Reso #8266 1
Revision # 1 - June 1, 1998
Revision #2 - June 3, 1998
CITY OF TAMARAC, FLORIDA
RESOLUTION NO R-98-_Z6q
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
APPROVING THE RENEWAL OF A ONE-
YEAR CONTRACT WITH ALPHA
TEMPORARY SERVICES, TO PROVIDE
SCHOOL CROSSING GUARD SERVICES
WITHIN THE CITY OF TAMARAC;
AUTHORIZING THE APPROPRIATE CITY
OFFICALS TO EXECUTE THE ADDENDUM
TO THE OCTOBER 1, 1997 INDEPENDENT
CONTRACTOR AGREEMENT BETWEEN THE
CITY OF TAMARAC AND ALPHA
TEMPORARY SERVICES, INC. FOR SCHOOL
CROSSING GUARD SERVICES; PROVIDING
FOR CONFLICTS; PROVIDING FOR
SERVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac promotes the safety and well being of children
walking and bicycling to school, and
WHEREAS, Alpha Temporary Services, Inc. has provided the School Crossing
Guard Services for the City of Tamarac during fiscal year 1997; and
WHEREAS, Alpha Temporary Services, Inc., in accordance with the original
contract, awarded by Resolution R-97-216 which includes the Independent Contractor
Agreement between the City of Tamarac and Alpha Temporary Services, Inc. (attached
hereto as Exhibit "B"), has agreed to an Addendum (attached as Exhibit "A") to extend of
all terms of the School Crossing Guard Service contract for a period of one (1) year; and
February 23, 1998 - Temp Reso #8266 2
Revision # 1 - June 1, 1998
Revision #2 -- June 3, 1998
WHEREAS, Alpha Temporary Services, Inc. has successfully performed their
contractual obligations for the City during its current contract year; and
WHEREAS, it is the recommendation of the Director of Community Development
that the Contract with Alpha Temporary Services, Inc. be extended for a one-year period,
and
WHEREAS, Alpha Temporary Services, Inc. has agreed to provide services at the
terms and conditions of the existing Independent Contractual Agreement with the City of
Tamarac, as expressed in the Addendum to the Independent Contractors Agreement of
September 24, 1997, (attached hereto as Exhibit "A"); 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 extend, for a period
of one (1) year, the existing contract with Alpha Temporary Services, Inc. for School
Crossing Guard Services.
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.
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February 23, 1998 -- Temp Reso #8266 3
Revision # 1 - June 1, 1998
Revision #2 - June 3, 1998
SECTION 2: That the ADDENDUM, (attached hereto as Exhibit "A"),
providing for a one-year extension of the existing Independent Contractor Agreement,
previously awarded on September 24, 1997 by Resolution R-97-216 by the City of
Tamarac to Alpha Temporary Services, Inc. for School Crossing Guard Services, is
HEREBY APPROVED and effective October 1, 1998 and terminating on September 30,
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SECTION 3: All resolutions or parts of resolution in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5:
passage and adopted.
February 23, 1998 — Temp Reso #8266 4
Revision # 1 -- June 1, 1998
Revision #2 — June 3, 1998
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 4 day of91A-�, 1998.
ATTEST:
CAROL GO , CMC/AAE
CITY CLERK'
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
CITY ATT
C/T Reso 8266 Alpha Temp Crossing Guard K
JOE SCHREIBER
MAYOR
MAYOR ECORD OP COMMISSION VOr
HREIBER E
DISr 1;
DISr 2;
CO MM. IVIcKAYE
WM MISHKIN
DISr 3:
DISr 4:
COMM. SULrANOF
COMM.
ROB Rrs
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ADDENDUM
TO
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND ALPHA TEMPORARY SERVICES, INC.
FOR PROVISION OF
SCHOOL CROSSING GUARD SERVICES
The CITY OF TAMARAC AND Alpha Temporary Services, inc. agree to extend
the renewal options commencing October 1, 1998 and ending September 30,
1999 in accordance with the original contract dated September 24, 1997.
IN WITNESS WHEREOF, the parties have made and executed this Amendment
on the respective dates under each signature. CITY OF TAMARAC, through its
Mayor and ALPHA TEMPORARY SERVICES, INC. signing by and through its
Branch Manager, duly authorized to execute same.
ATTEST:
Carol Gold, C/AAE
City Clerk
Date: June 1
TEMP. RESO 8266
CITY OF TAMARAC
e Schreiber, Mayor
Date:
"Ts-'C
/�' i' Robert S. Noe, Jr. City Ma a er
'0 Y 9
Date: June 10, 1998
EXHIBIT "A"
C�
STATE OF FLORIDA
SS
COUNTY FOF BROWARD:
ALPHA TEMPORARY SERVICES, I�N}C.
BY: nzt � t.
CAROLE GREENICH
BRANCH MANAGER
I HEREBY CERTIFY that on this date, before me, an officer duly
authorized in the State aforesaid and in the unty of esai take ,
acknowledgements, personally appeared
to me known to be the person(s) described in and who exe ted the foregoing
instrument and she acknowledged before me and under oa h she executed the
same.
1998.
WITNESS my hand and official seal this __j day of
'
NOTARY PUBLIC, State of Florida at Large
(Name of Notary Public: Print, Stamp or Type as
Commissioned) 0FR W.NOT
'4RYSEAL
NARY PUS LIC SPAT OFLORIDA
() Personally known to me, CoMM�jp�NO
PC�26387
O Produced identification
'type
O DID take the oath or of I.D. Produced
() DID NOT take the oath
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September 3, 1997 - Temp. Reso. #7983 1
September 11, 1997 - Revision No. 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- o2% �o
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE AWARD OF BID #97-2413
TO ALPHA TEMPORARY SERVICES, INC.
TO PROVIDE SCHOOL CROSSING GUARD
SERVICES WITHIN THE CITY OF TAMARAC
AND AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE. THE
CONTRACT BETWEEN THE CITY OF
TAMARAC AND ALPHA TEMPORARY
SERVICES, INC.; CASE NO 5-MI-97;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR :
AN EFFECTIVE QATE'.
WHEREAS, the City of Tamarac, Florida has a responsibility. to provide school
crossing guards at designated intersections; and
WHEREAS, it is in the best interests of the City of Tamarac. to, seek a vendor to
provide such school crossing guard services; and
WHEREAS, a Request for Bids (Bid #97-24B attached hereto and incorporated
herein as Exhibit "A") was published on .July 6 and July 13, 1997 for sealed bids to be
publicly opened on July 30, 1997; and
WHEREAS, Alpha Temporary Services, Inc., Ausnet Security Intelligence, Inc.,
Kemp Services, Inc., and Neway Systems were the only bids received and opened on July
30, 1997; and
TEMP RESO #8268
EXHIBIT "A"
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September 3, 1997 - Temp. Reso. #7983 2
September 11, 1997 - Revision No. 1
WHEREAS, Alpha Temporary Services, Inc. and Kemp Services, Inc. were the two
(2) most responsive bids by completing the bid proposal and listing current and prior school
crossing guard experience; and
WHEREAS, those bidders not having school crossing guard experience were to
provide an attachment for their company qualifications to be considered before they would
be eligible to provide school crossing guard services; and
WHEREAS, Ausnet Security Intelligence, Inc. and Neway Services did nokindicate
current or prior school crossing guard experience and were required to submit an
attachment of company qualifications to provide school crossing services; and
WHEREAS, Ausnet Security Intelligence, Inc. did provide a letter indicating their
potential ability to provide services based on their experience of providing for armed and
unarmed security guards, their explanation did not establish how their company would
provide school crossing guard services on October 1, 1997; and
WHEREAS, Neway Services did not submit an attachment; it was considered non-
responsive; and
WHEREAS, the bid tabulations are as follows:
Alpha Temporary Services, Inc. - $ 7.21 per hour;
Ausnet Security Intelligence, Inc. - $ 6.89 per hour;
Kemp Services, Inc. - $10.50 per hour; and
Neway Systems - $ 7.38 per hour; and
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September 3, 1997 - Temp. Reso. #7983 3
September 11, 1997 - Revision No. 1
WHEREAS, the most responsive and responsible bidder was Alpha Temporary
Services, Inc.; and
WHEREAS, Alpha Temporary Services, Inc. has been providing successful school
crossing guard services to the City of Tamarac since October 1993; and
WHEREAS, the Code Enforcement Manager and the Purchasing and Contracts
Manager recommends Alpha. Temporary Services, Inc. as the most responsive and
responsible bidder to provide school crossing guard services for the City's residents; and
WHEREAS, the Director of Community Development recommends approval of
Alpha Temporary Services, Inc. to provide school crossing guard services within the City -
of Tamarac; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to award the contract
f
for School Crossing Guard Services to Alpha Temporary. Services, Inca
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION . The foregoing 'WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
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September 3, 1997 - Temp. Reso. #7983 4
September 11, 1997 - Revision No. 1
SECTION 2: That the award of the one (1) year contract with Alpha
Temporary Services, Inc. for School Crossing Guard Services is hereby approved and that
all appropriate officials are authorized to execute the contract between the City of Tamarac
and Alpha Temporary Services, Inc. for School Crossing Guard Services (attached hereto
and incorporated herein as Exhibit `131 for the initial contract period beginning October 1,
1997 and ending on September 30, 1998 with options for two (2) additional one (1) year
periods.
m
All resolutions or parts of resolutions in conflict herewith are
hereby. repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
September 3, 1997 -Temp. Reso. #7983 5
September 11, 1997 - Revision No. 1
SUCTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this ;2 day of 1997.
JOE SCHREIBER
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved thin
RESOLUTION as toform.
MITCGHELL S. KRAF��
CITY ATTORNEY
comet dev\c:luserdat2\wpdataVOS17983reso4m
RECORD OF COMMISSION
MAYOR __SCHREIBER
DIST 1:' COMM. McKAYE
DIST 2: WM MISHKIN
DIST 3: COMM. S� ULTANOFe
DIST 4: - 9OMM-AOBERTS d
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INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN
CITY OF TAMARAC
AND
ALPHA TEMPORARY SERVICES, INC.
This Agreement is made and entered into this - 24 day of-, seyember . 1997,
by and between the CITY OF TAMARAC, a duly organized municipality under the laws of
the State of Florida (hereinafter referred to as "CITY") and ALPHA TEMPORARY
SERVICES, INC. as an independent contractor (hereinafter referred to as
"CONTRACTOR'.
RECITALS
WHEREAS, CITY desires to have school crossing guard services performed' at
school locations throughout the corporate limits of the City of.Tamarac; and
WHEREAS, CONTRACTOR agrees to perform school crossing guard services for
CITY under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises set forth herein,
it is agreed by and between CITY and CONTRACTOR as follows:
1. CONTRACTOR agrees to provide SCHOOL CROSSING GUARDS, pursuant
to City of Tamarac Bid No. 97-24B, opened on July 30, 1997, (attached hereto and made
a part hereof as Exhibit "A").
2. The initial contract period will be for one (1) year; however, the CITY reserves
the right to extend the contract for up to two (2) one (1) year extensions providing:
(a) both parties agree to the extensions;
(b) all the terms, conditions, and specifications remain the same;
(c) such extension is approved by the City of Tamarac, as set forth herein and
in the specifications and bid which are attached as Exhibit "A".
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3. As part of this Agreement, the CONTRACTOR shall provide SCHOOL
CROSSING GUARDS at the pricing as follows:
(a) SCHOOL CROSSING GUARDS per City of Tamarac Bid No. 97-24B at a
total cost of $7.21 per hour. This rate shall remain constant unless the
Federal minimum wage changes. No price increase for the initial twelve
(12) month term will be accepted due to minimum wage change.
(b) The hourly change for each guard offered and accepted must remain firm
throughout the life of the contract, and remain consistent throughout the
actual school year.
(c) Costs for any subsequent years are subject to an adjustment only if an
increase or decrease occurs throughout the local industry as set forth in the
specifications of the bid document under Cost Adjustments (as stated in
Exhibit "A").
4. CITY may cancel the Contract based upon terms and conditions within the bid
documents (as stated in Exhibit "A").
5. CONTRACTOR'S obligations and CITY'S rights as contained in the► bid
documents and CONTRACTOR'S bid are made a part of the contract and are binding as
. if set forth in full herein (Exhibit "A").
6. All insurance policies in a form and amount accepted to the CITY'S Risk
Manager shall be furnished to the CITY prior to any service.
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7. CONTRACTOR aball aive IMfgrgrice to CITY OF TAMARAC residents for
positions in the CITY OF TAMARAC.
S. CONTRACTOR shall provide aff training for both supervisory and non -
supervisory school crossing guards as defined under "Scope of Work" in Exhibit "A".
9. CONTRACTOR shall provide the CITY with the name and telephone number of
its contract administrator so that all complaints can be referred to that number. Complaints
shall be responded to by vendor within twenty-four (24) hours of receipt. CONTRACTOR
shall keep a log of all complaints and responses thereto and shall provide same to CITY
upon reasonable notice.
10. CONTRACTOR agrees that CONTRACTOR will at all times faithfully,
industriously, and to the best of CONTRACTOR'S ability, experience and talents, perform
all the services that may be required of and from CONTRACTOR pursuant to the express
and implicit terms of this Agreement to the reasonable satisfaction of the CITY.
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11. The parties intend that an Independent Contractor relationship will be
created by this Contract. CITY is interested only in the results to be achieved and the
details of the work performed by the CONTRACTOR lie solely with the CONTRACTOR.
CONTRACTOR is not considered an agent or employee of the CITY for purposes of this
contract.
12. This Agreement contains the complete agreement concerning the
CONTRACTOR arrangement between the parties and shall as of the effective date of this
Agreement supersede all other agreements between the parties. The parties stipulate that
neither of them has made any representation with respect to the subject matter of this
Agreement or its execution and duly accept such representations as are specifically set
forth in this Agreement. Each of the parties to this Agreement acknowledge that it has
relied on its own judgment in entering this Agreement.
13. No waiver or modification of this Agreement or any covenant, condition, or
limitation contained in this Agreement shall be valid unless in writing and duly executed by
the party to be charged. No evidence of any waiver or modification shall be offered or
received in evidence in any proceeding, arbitration, or litigation between the parties arising
out of or affecting this Agreement or the rights and obligations of the parties unless such
waiver or modification is in writing and duly executed.
4 &9"- 14. The CONTRACTOR shall provide school crossing services at the direction
§Xr of the CITY at the location and related school opening and closing times per location and
shall be compensated for the specific hours requested, a minimum of three (3) hours. Any
variations shall require approval by the designated CITY representative.
15. All terms, conditions, and covenants contained in this Agreement are
severable and in the event of any of them shall be held to be invalid by any competent
court, this Agreement shall be interpreted as if said invalid terms, conditions or covenants
were not contained in this Agreement.
16. CONTRACTOR covenants and agrees not to assign, sell, mortgage,
hypothecate, or in any manner transfer this Agreement or interest in the premises nor grant
any licenses either voluntarily or by operation of law by any other entity or person without
prior written consent of the CITY.
17. CONTRACTOR agrees to comply with all local, state and federal laws,
including but not limited to all laws related to the training of school crossing guards.
18. The work to be performed under this Contract will be performed entirely at
CONTRACTOR'S risk and CONTRACTOR assumes all liability and hold the CITY, its
employees, and officers harmless for any activity performed by or under the direction of
the CONTRACTOR. CONTRACTOR will carry for the duration of this Contract, insurance
in an amount and form acceptable to the Risk Manager, and the CITY shall be named as
an additional insured. CONTRACTOR agrees to indemnify and hold CITY, its employees,
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and officers harmless for any and all liability or loss arising in any way out of the
performance of this Contract. CONTRACTOR agrees to provide CITY with certificates
evidencing the required coverages before CONTRACTOR begins work hereunder.
CONTRACTOR agrees to release and hold harmless and to defend CITY, its employees
and agents from any and all claims, suits for damages of whatsoever kind brought against
CITY, its officers, employees or agents, in which CITY, an officer, employee, or agent is
named as a Defendant for any suit, judgment, execution or liability as to any injuries or
property damage which are connected with or related to or growing out of this Agreement.
Further, CONTRACTOR agrees to indemnify and hold harmless and to pay all costs,
judgments and reasonable `attorneys' fees incurred by CITY, its officers, agents and
employees as a result of any act of CONTRACTOR, its agents, servants or employees, in
connection with CONTRACTOR'S performance under the terms of this Agreement.
This provision shall survive beyond the life of the Contract for any claims arising
during the life of the Contract. Further, this provision shall supplement any indemnification
provision contained in Exhibit "A".
19. CONTRACTOR will secure the payment of compensation when required
to do so under Florida Statute Chapter 440.
20. This Agreement shall be governed by all United States, Florida, and local
laws, regulations, ordinances, -or other standards as set by any regulatory agency,
. including but not limited to, any and all municipal regulations or any other regulations which
may govern the CITY OF TAMARAC, as a municipality of the State of Florida.
21. CONTRACTOR is to submit monthly invoices for the work performed, such
invoices will specify date of work performed and number of hours worked per day.
CONTRACTOR shall submit daily time sheets to Code Enforcement Manager as defined
in Exhibit"A.
22. All notices between the parties hereto shall be in writing and sent certified
mail, return receipt requested with copies as follows:
As to the CITY: Robert S. Noe, Jr.
City Manager
City of Tamarac
7525 -NW 88th Avenue
Tamarac, FL 33321-2401
With copy to: Mitchell S. Kraft
City Attorney
7525 NW 88th Avenue
0 Tamarac, FL 33321-2401
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As to Contractor: Alpha Temporary Services, Inc.
500 W. Cypress Creek Road, Suite 290
Fort Lauderdale, FL 33309
23. Venue shall be in Broward County, Florida, with respect to any and all
actions which may be brought now or hereafter in connection with this Agreement.
24. In the event any litigation or other action shall arise from this Agreement,
the prevailing party shall be entitled to reasonable attorneys' fees and all costs and
expenses, including attorneys' fees and all costs and expenses for any court proceeding
relative to the disposition of any issues arising under this Agreement.
25. CONTRACTOR agrees that in the performance of this Agreement, that it
will not discriminate or permit discrimination in its hiring practices or in the performance of
this Agreement against any person on the basis of race, sex, religion, political affiliation, .
handicap or national origin.
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IN WITNESS, WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: CITY OF TAMARAC through its
CITY COMMISSION, signing by and through its MAYOR, authorized to execute same by
COMMISSION action on this __ 24 day of , 1997 and ALPHA
TEMPORARY SERVICES, INC. signing by and through F .N c ,
duly authorized to execute same.
CITY OF TAMARAC: '
BY: ► .
JOE SCHREIBER
MAYOR
DATE: September 24, 1997
ATTEST:
vAl
BY. BY:
CAROL A. EVANS ROBERTS. NOE, JR.
CITY CLERK - CITY MANAGER
DATE: September 24, 1997
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STATE OF FLORIDA :
: SS
COUNTY OF Broward:
I HEREBY CERTIFY that on this date, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Joe Schreiber & Robert S . Ugg tome known to be the person(s) described in and who executed the
foregoing instrument and he/she acknowledged before me and under oath he/she executed the
same.
I*
WITNESS my hand and official seal this _ 24 day of September , 199--L--
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Mr cow JEPT 2310
98
Phyllis Polikoff
(Name of Notary Public: Print, Stamp, or -,
Type as Commissioned)_
( x) Personally known to me, or
( ) Produced identification '
Type of I.D. Produced
( ) DID take an oath or(X) DID NOT take an oath.
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ALPHA TEMPORARY SERVICES, INC.
By: u'L
CAROLE GREENICH
„0„ _ ��� MANAGER
STATE OF FLORIDA
:SS
COUNTY OF A&W Wt
I HEREBY CERTIFY that on this date, before me, an officer duly authorized In the State
afores 'd and in the Qpun aforesaid to take acknowledgments, personally appeared
tome known to be the person(s) described in and who executed the
foregoing instrument and he/she acknowledged before me and under oath he/she executed the
same.
WITNESS my hand and official seal this a?, day of
AV-
..
NOTA Y PUBLIC, State�&Fforlda at Large
Pa 4t1r`o
(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
( ) Personally known to me, or
(produced identification ,rL A/L
Type of I.D. Produced
( ) DID take an oath or (&-OID NOT take an oath
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