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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-217=I/ Page 1 Temp. Reso. #8261 Rev.# 2- 07/13/98 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 98 - o2l % A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND AFTER SCHOOL PROGRAMS, INC. FOR PROVIDING PROFESSIONAL CHILD CARE SERVICES IN THE BEFORE/AFTER SCHOOL, WINTER AND SPRING BREAK AND KID'S DAYS OFF PROGRAMS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Parks and Recreation Department of the City of Tamarac is a licensed childcare provider providing quality child care programs for children from Tamarac Elementary School, the Tamarac community, and City of Tamarac employees; and WHEREAS, the City of Tamarac has one of the few municipal recreation department administered child care programs in Broward County and the majority of Broward County child care programs are provided under contract with the The School Board of Broward County, Florida; and WHEREAS, the School Board of Broward County, Florida does an annual Request for Proposals to choose qualified providers for school based child care programs; and WHEREAS, the City of Tamarac has the ability to utilize the agreement of The School Board of Broward County, Florida and a qualified provider under City Code Section 6-155; and Page 2 Temp. Reso. #8261 Rev.# 2- 07/13/98 WHEREAS, to provide the best quality child care programs possible, the City of Tamarac, Florida will contract the provision of its child care programs to After School Programs, Inc. utilizing the The School Board of Broward County, Florida Agreement, attached hereto as "Exhibit I"; and WHEREAS, After School programs, Inc. has agreed to provide child care services including Before/After School, Winter & Spring Break and Kid's Days Off Programs for the 1998/1999 school year, commencing October 1, 1998 through June 30, 1999; and WHEREAS, the fiscal year 1999 Parks and Recreation Proposed Budget will include a reduction of revenues and appropriations in order to reflect the contracting of child care programs with After School Programs, Inc.; and WHEREAS, the reduction in revenues exceeds the reduction in appropriations by $65,045; and WHEREAS, the contracting of child care programs enables the Parks and Recreation Department to provide a broader range of recreational programs to a greater number of the population of Tamarac; and WHEREAS, it is the recommendation of the Parks and Recreation Director and Purchasing and Contracts Manager that After School Programs, Inc. and The City of Tamarac enter into this agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the City of Tamarac to enter into an agreement with After School Programs, Inc.; and Page 3 Temp. Reso. #8261 Rev.# 2- 07/13/98 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 upon adoption hereof. Section 2: That the appropriate City Officials are hereby authorized to execute the Agreement between the City of Tamarac and After School Programs, Inc. for providing Pro fessional child care services in the Before/After School, Winter and Spring Break and Kid's Day Off programs, a copy of which is attached hereto as "Exhibit IIA&B". Section 3: For consistency purposes, the contractors fee schedule, hereto attached as part of "Exhibit IIB", is hereby adopted as of August 1, 1998. Section 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6: This Resolution shall become effective immediately upon its passage and adoption. Page 4 Temp. Reso. #8261 Rev.# 2- 07/13/98 PASSED, ADOPTED AND APPROVED this as day of qtA� 1998. ATTEST: CAROL LD, CMC/AAE CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to MITC ELL S. KR CITY ATTORNEY Parks/Rec-izs W-wAW%Wi7A7.dW�/ • A • RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: WM MISHKIN DIST 3: COMM. SULTANDF DIST 4:.,, COMM. R09 -RTc _ EXHIBIT IIA TR 8261 AGREEMENT BETWEEN THE CITY OF TAMARAC AND AFTER SCHOOL PROGRAMS, INC, FOR PROVIDING PROFESSIONAL CHILD CARE SERVICES IN THE BEFORE/AFTER SCHOOL, SPRING AND WINTER BREAK, AND KID'S DAY OFF PROGRAMS THIS AGREEMENT made and entered into this ao2 day of Jul , 1998, by and between the City of Tamarac, Florida, (hereinafter referred to as City,) and After School Programs, Inc. (hereinafter referred to as the Company.) WHEREAS, on JV 3, the City Commission of the City of Tamarac awarded to the Company, on the basis of a proposal submitted to the City, a contract to provide professional child care services for the Before and After School Program, Winter and Spring Break Programs and Kid's Days Off Programs, as designated by the Parks and Recreation Department. WHEREAS, this Agreement makes, and is intended to make the terms, specifications and conditions of that proposal a formal contract between the City and the Company, as they relate to the Before and After School, Spring and Winter Break and Kid's Days Off Programs. WHEREAS, the parties agree that it is the intention of each to make the terms, specifications and conditions of said bid proposal, as herein amended, a formal contract; NOW THEREFORE, the City and the Company, in consideration of their mutual convenants herein, agree in respect of the performance of services by the Company and those services by the City as set forth below: 1 IZS/LEGAUrR 8261 RESo CHILD CARE AGREEMENT WITH ASP.doc EXHIBIT IIA TR 8261 Section 1: The proposal submitted by the Company, for Child Care Programs as more particularly described in said proposal, a copy of which is attached hereto as "Exhibit IIB", is incorporated herein by specific reference, and that each party agrees to be bound to each other by the terms, specifications and conditions contained therein, except as otherwise expressly amended or modified herein. Section 2: The City shall provide adequate indoor and outdoor facilities for the Child Care Programs referred to herein. Section 3: The Company agrees to implement services commencing on October 1 1998, to furnish sufficiently trained personnel to implement the Before and After School, Spring and Winter Break and Kid's Days Off Programs through June 17, 1999, as specified in the proposal submitted by After School Programs, Inc., attached as part of this agreement as Exhibit IIB, and the proposal RFP 94-OO1OS submitted and accepted by the School Board of Broward County, attached hereto as Exhibit 1, consistent with Broward County Child Care Ordinance No. 94-2. This agreement may be renewed by both parties no later than April 15th of each year prior to the commencement of the program in the fall of that year. Section 4: This Agreement may be terminated by City or the Company for cause, upon thirty (30) days written notice by the terminating party to the other party of such termination. In the event the Company abandons this Agreement or causes it to be terminated; it shall indemnify the City against loss pertaining to this termination. Default by the Company: In addition to all other remedies available to the City, this Agreement 2 IZS/LEGAL/TR 8261 RESo CHILD CARE AGREEMENT WITH ASPAOC EXHIBIT IIA TR 8261 ► shall be subject to cancellation by the City should the Company 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 the Company, of written notice of such neglect or failure. Section 5: The Company agrees that it will, in the performance of work and services under this Agreement, comply with any and all Federal, State and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement which are applicable to the Company, its employees, agents or consultants, if any, with respect to the work and services described herein. Section 6: The Company shall maintain in full force and effect during the life of the Agreement, Automobile and General Liability Insurance of not less than One Million Dollars ($1,000,000.00) and Workers' Compensation insurance covering all employees in performance of work under the contract. requirement of any of its subcontractors. The Company shall make this same The Company shall indemnify and save the City, its officers, employees and agents harmless from any damage resulting to them for failure of the Company to take out or maintain such insurance. Neither the Company nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have 3 IZS/LEGAL/TR 8261 RESO CHILD CARE AGREEMENT WITH ASPAOC EXHIBIT IIA prrTR 8261 supplied City with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The Company shall be responsible for delivery to the City the certificate of Insurance for City approval. The City shall approve such certificates. ALL INSURANCE COMPANIES PROVIDED SHOULD: Be rated at least A- VII per Best's Key Rating Guide; Be licensed to do business in Florida. All policies should be Occurrence not Claims Made Forms. The Company shall name the City as an additional insured on its general liability insurance. The Company shall require insurance companies providing coverage to give City thirty (30) days written notice of the Company's intent to cancel or terminate policy except only (10) days prior notice in writing shall be given for non-payment of premium. The Company's insurance shall be primary. Section 7: In performing its services hereunder, the Company will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. Section 8: (a) The Company shall indemnify and save the City, its officers, employees and agents harmless from and against any, and all claims, suits, actions, damages and causes of action arising out of this Agreement arising from the Company's negligent performance of this Agreement, as measured against the standard of performance described in Section 7 above, and 4 IZS/LEGAL/TR 8261 RESO CHILD CARE AGREEMENT WITH ASP.doc EXHIBIT IIA TR 8261 from and against all reasonable costs, counsel fees, expenses, liabilities, judgements and decrees incurred in, or arising out of, such negligence, or the defense of any action or proceeding brought on them, and from and against any order, judgments, or decrees which may be entered as a result of such negligence. The covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the Company's responsibility to indemnify City. (b) It is specifically understood and agreed that the consideration inuring to the company for the execution of this Agreement are the promises, payments, covenants, rights and responsibilities contained herein. (c) This indemnity shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Section 9: In the event that this contract is the subject of litigation between the Company and the City, the parties hereto agree that this contact shall be construed according to the laws of the State of Florida and venue of such litigation shall be in Broward County. Section 10: If the City or the Company incurs any expense in enforcing the terms of this Agreement, whether suit can be brought or not, the nonprevailing party agrees to pay all such costs and expenses including, but not limited to, court or other action costs, interest, and reasonable attorney's fees. I: IZS/LEGALrrR 8261 RESO CHILD CARE AGREEMENT WITH ASPAOC EXHIBIT IIA TR 8261 Section 11: The Company is an independent contractor under this Agreement. Personal services provided by the Company shall be by employees of the Company and subject to supervision by the Company, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Company. Section 12: News releases, publicity releases, or advertisements pertaining to these Child Care Programs will not be made without prior City approval, and then only in coordination with the Parks and Recreation Department Director. Section 13: This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstance, by the Company without prior written consent of the City. Child care services under this Agreement or any portion thereof, may not be subcontracted without prior written consent of the City. Section 14: This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. IZS/LEGAL/TR 8261 RESO CHILD CARE AGREEMENT WITH ASPAOC EXHIBIT IIA TR 8261 Section 15: This Agreement constitutes the entire Agreement between the Company and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by written document executed by both the Company and the City. Section 16: Whenever either party desires to give notice unto any other Party, it must be given by written notice, sent by registered United States mail; with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to wit: CITY: City Manager City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321-2401 COMPANY: Alan Wolnek Director of Operations After School Programs 5665 NW 29 Street Margate, FL 33063 With a Copy to: Director of Parks and Recreation City of Tamarac 7501 N. University Drive Tamarac, FL 33321 City Attorney: City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321-2401 Section 17: Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to jurisdiction, be ineffective to the extent of such prohibition or enforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. Also, the non -enforcement of any provision by either party 7 IZS/LEGAUTR 8261 RESO CHILD CARE AGREEMENT WITH ASP.doc EXHIBIT IIA TR 8261 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 Manager and its City Commission signing by and through its Mayor, City Manager, City Attorney and City Clerk, signing by and through them duly authorized to execute same. ATTEST: CAROL GO , CMC/AAE CITY CLERK Approved t form and legal s By: MI HELL SARAViU CITY ATTORNEY CITY OF TAMARAC By: JOE SCHREIBER MAYOR Date: �J a AFTER SCHOOL PROGRAMS, INC. By: ALAN WOLNEK, PRESIDENT Date: IZ5/LEGAL/TR 8261 RESO CHILD CARE AGREEMENT WITH ASPAOC