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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. 1 E LJ 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, i " ' 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 r7 L J • • 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 0 • • 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" • is r� u 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 1 �J • 0 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. • �J 0 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 • 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". 0 eJ. -J// - 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. • 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. 2 of 8 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, 3 of 8 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 4 of8 • C7 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. 5 of 8 • 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 6of8 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-- E(i-�- /MNTARrWT COpM$" CC390392M� 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. 7of8 -�.S 1-:2/(0 CI r� u 1� a 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 8 of8 ONP,QY pG0� 01TICIAL NorAAr SaAL _ PNrLUS POUKO" ,scorr�sswN Muye4r 98 a rr CCC390392 O FLO SEPT IK P.