HomeMy WebLinkAboutCity of Tamarac Resolution R-96-2111
Temp. Reso. #7540 1
Revision No. 1 - September 13, 1996
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96-ALL
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
OFFICIALS TO EXECUTE THE ADDENDUM
TO THE OCTOBER 1, 1993 INDEPENDENT
CONTRACTOR AGREEMENT BETWEEN
THE CITY OF TAMARAC AND ALPHA
TEMPORARY SERVICES, INC. FOR
SCHOOL CROSSING GUARD SERVICES;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; 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 1996; and
WHEREAS, Alpha Temporary Services, Inc. in accordance with the original contract
(attached hereto as Exhibit "A"), has agreed to an extension of all terms of the School
Crossing Guard Service contract for a period of one (1) year; and
WHEREAS, it is the recommendation of the Director of Community Development
that the Contract with Alpha Temporary Services be renewed; and
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Temp. Reso. #7540 2
Revision No. 1 - September 13, 1996
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 renew, for a period
of one (1) year, the 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.
SECTION 2: That the renewal of a or;e-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 Addendum to the October 1, 1993
Agreement between the City of Tamarac and Alpha Temporary Services, Inc. for School
Crossing Guard Services attached hereto and incorporated herein as Exhibit "B".
SECTION 3: 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hereby repealed to the extent of such conflict.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.
Temp. Reso. #7540 3
Revision No. 1 - September 13, 1996
I- J
SEQTIQN rL This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this �j day of *oyl biew , 1996.
ATTEST:
._ate
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RftOLUTION as, to forf� ,/
MITCHELL S. K
CITY ATTORN
community dev\c:\userdata\wpdata\res\tr7540/ps
J
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COMMISSION VOTE
r u u ; I .. -"F-A
ADDENDUM TO OCTOBER 1, 1993
INDEPENDENT CONTRACTOR
AGREEMENT BETWEEN THE CITY OF
TAMARAC AND ALPHA TEMPORARY
SERVICES FOR SCHOOL CROSSING
GUARD SERVICES
This Addendum to the Independent Contractor Agreement between the City of Tamarac
(hereinafter "CITY") and Alpha Temporary Services, Inc., as an independent contractor
(hereinafter "CONTRACTOR"), is made and entered into this �, day of
hht,'C ,1996.
1993.
0 CITY.
WITNESSETH:
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated October 1,
WHEREAS, CONTRACTOR agreed to provide school crossing guard services for the
NOW, THEREFORE, in addition to the obligations set forth in the Agreement of October
1, 1993, between the CITY and CONTRACTOR, the parties agree as follows:
Option to renew as stated in Paragraph 2 of the Agreement, signed by City of
Tamarac on September 24, 1993, is hereby exercised for a period of one (1) year to commence
on October 1, 1996 through October 1, 1997.
2. The October 1, 1993 Agreement between CITY and CONTRACTOR and all
subsequent amendments and addendums thereto not subject to this or other duly
executed amendments and addendums remain in full force and effect. The failure to specifically
delineate any prior terms or conditions in this Addendum does not operate to relieve CITY and
CONTRACTOR of any obligations pursuant to the Agreement or waive any rights contained
therein.
Page 1 of 4
EXHIBIT "B"
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IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to
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 the o day of 1996 and Alpha Temporary Service, Inc.,
signing by and through�0�te� i c-duly authorized to execute same.
ATTEST:
BY:
CAROL A. EVANS
CITY CLERK
CITY OF TAMARAC:
4Mj444j6 -w
BY:
AnOOL �t
ORMAN ABRAMOWITZ
MAYOR
DATE: 1 D --1 9 (o
BY:
ROBERTS. NOE, JR.
CITY MANAGER
OTT II�/Ilffm
APPROVM AS TO FORM:
AN
MITCHELL S.40Y
CITY ATTORNEY
Page 2 of 4
STATE OF FLORIDA :
' SS
COUNTY OF i3f�ulb-r`d
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
/VDrma-n A)hnwpwl`fc SA' e known to be the person(s) described in and who executed
the foregoing instrument and heW acknowledged before mean
tie -same,
WITNESS my hand and official seal this day of �G� �, 199-1�2.
zrrrrrrrrr»rrJrirr� r»rrr»irrrrrrrrnrrrrrrrjrrr .
°i ot"''"Y °s Karen Jackson
Nota
ry Public, State of Florida ;
t J) Commission No. CC 53915I >
of f'oe My Commission Expires 05/14/00 ;
I.3W3-N0rARY - Fla Notary 5erviu & 9ondins Co. ;
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NO ARY PU Vt
, State of Florida at Large
( ame of Notary Public: Print, Stamp, or
Type as Commissioned)
( Personally known to me, or
( ),produced identification
. Type of I.D. Produced
( ) DID take an oath or (N DID NOT take an oath.
MPage 3 of 4
ALPHA TEMPORARY SERVICES, INC.
By:
CAROLE GREENICH
MANAGER
STATE OF FLORIDA
COUNTY OF j�r0%P& 1 SS
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
LLrole Cr-ee^zcJx to me known to be the person(s) described in and who executed
the foregoing instrument and he/she acknowledged before me amel binder eelh•he/she executed
the same.
WITNFRR my hand nnrl nffirinl ct=nl thic 2
199(0.
�ll/l!l!!JJ/NJNd/i'/!/J, �1JNllJJJIJJJJ///JJNJ/ �
wsKaren JacNotary public, Stara of Flori Corpmissis o No. pi 539151
'l�efao��h(yComrnissionExpires05/14/00;
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NOTARY PUBLI State of Florida at Large
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(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
( ) Personally known to me, or ,
Produced identification Fb .
Type of I.D. Produced
( ) DID take an oath or ( )§ DID NOT take an oath.
0 Page 4 of 4
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40
C�
INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN
CITY OF TAMARAC
AND
ALPHA TEMPORARY SERVICES
This Agreement is made and entered Into this 1ham day of
_tord=i e� . 1993, 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
as an Independent contractor (hereinafter referred to as
'CONTRACTOR'.
RECITALS
WHEREAS, CITY desires to a have school crossing guard
services performed at school locations throughout the corporate
limits of the City of Tamarac.
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 Pompano Beach Bid No. H-38-91, opened
on November 15, 1991, (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
three (3) one (1) year extensions providing:
(a) both parties agree to the extensions;
(b) all the terms, conditions, and specifications
remain the same;
EXHIBIT "A"
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(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 W.
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 Pompano
Beach Bid No. H-38-91 at a total cost of $5.97 per hour. This rate
shall remain constant unless the Federal minimum wage changes. In
that event, the hourly rate shall be the minimum wage plus thirty
seven percent (37%).
(b) The hourly charge 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 5a2ed. '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 shall give aML.RrJ.4= in hiring to current
city of Tamarac School Crossing Guards that desire to obtain
employment as a crossing guard with CONTRACTOR.
8. CONTRACTOR shall make every reasonable effort to
assign former City of Tamarac guards to the same posts that they
were assigned to when employed by the City of Tamarac as crossing
guards.
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9. CONTRACTOR 5hall giveto City of Tamarac
residents for positions in the City of Tamarac.
10. CONTRACTOR shall provide AU training for both
supervisory and non -supervisory school crossing guards. This
specific provision is a valid exception to and shall supercede any
contrary provision in the Pompano Bid. Documents are attached
hereto as Exhibit "A'.
11. 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.
12. 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.
13. 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.
14. 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 Hs relied
on its own judgment in entering this Agreement.
15. No waiver or modification of this Agreement or any
covenant, condition, or limitation contained in this Agreement shall
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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.
16. Hours of performance will be three (3) hours per day, per
post, as agreed upon by both parties. Any variation shall require the
approval of the designated CITY representative.
17. 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.
18. 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.
19. 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.
20. The work to be performed under this contract will be
performed entirely at CONTRACTOR'S risk and CONTRACTOR assumes
all liability and holds 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, 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 coverage's
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,
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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:.
21. CONTRACTOR will secure the payment of compensation
when required to do so under Florida Statute Chapter 440.
22. 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.
23. 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.
24. 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: John P. Kelly, City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321-2401
With copy to: Mitchell S. Kraft, City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321-2401
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As to CONTRACTOR: Alpha Temporary Services. Inc.
1001 W. Cypress Creek Road
Ft. Lauderdale, FL 33309
25. 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.
26.
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.
27. 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.
28. CONTRACTOR agrees to secure a performance bond in a
form and amount acceptable to the CITY.
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 COUNCIL, signing by
and through its Mayor, autho ' ed to executed same by Council action
on the _ day of 1993, and ALPHA
TEMPORARY SERVICES, signing by and through
, duly authorized to execute same.
will"
CITY OF TA C
By:
.L B ER. MAYOR
On this Zjday of
1993.
6
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g
jO P. KELLY, Cl
On this cL - Tay of
ATTEST;
CAROL A. ANS,�
CITY CLERK
On this`�iiay of 1993
APPROVED AS TO FORM AND
(/jEL SJUFFiCIE CY•
MtTGFiELL S. KID
CITY ATTORNEY
ATTEST:
-LILL
CORPORATE SECRETARY ($CAL)
On this (l day of C'. 0 / 1993.
1993.
CITY OF TAMAR.AC
eovanvFn AT mFFTINA nF
W-0 .
PRESIDENT"
7
Zn6 ail
STATE OF
COUN�OF B mD)
BEFORE ME an officer duly authorized to administer oaths,
Personally appeared 't.0 , to me well known and
known to me to be the person described in and who executed the
foregoing instrument. and acknowledged to and before me that
he/she executed said instrument for the purposes therein expressed.
WITNESS my hand and
S'2��, 1993.
NQTA -7AL ZEAL
E1pl`N.:?3Cd�_T,"' ':a¢.ry F_t1iC
MyGar,:rrns3icn'_,wesAuf7US'a 1 96
My commission expires:
official seal, this 1&i�v day of
NOTARY PUBLIC
PRINT OR TYPE NAME OF NOTARY
Personally known: Produced Identification:
Type of Identification produced:
I DID take an oath, or DID NOT take an oath.
8