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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-150Temp. Reso. #9049 - June 2, 2000 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- ISO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND AFTER SCHOOL PROGRAMS, INC., FOR PROVIDING PROFESSIONAL CHILDCARE SERVICES IN THE BEFORE/AFTER SCHOOL, WINTER AND SPRING BREAK AND KID'S DAYS OFF PROGRAMS, EXERCISING THE OPTION TO RENEW FOR THE 2000/2001 SCHOOL YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Parks and Recreation Department of the City of Tamarac has provided quality childcare programs for children from Tamarac Elementary School, the Tamarac community, and City of Tamarac employees; and WHEREAS, on July 22, 1998, the City entered into an Agreement with the After School Programs Inc., for provision of its childcare program with the option to renew annually; a copy of said agreement attached hereto as "Exhibit 1 "; and WHEREAS, the original agreement provides for an annual renewal option and After School programs, Inc. has agreed to renew the Agreement to provide childcare services including Before/After School, Winter & Spring Break and Kid's Days Off Programs for the 2000/2001 school year, commencing August 28, 2000 through June 14, 2001; renewal letter attached hereto as "Exhibit 2"; and Temp. Reso. #9049 - June 2, 2000 Page 2 WHEREAS, it is the recommendation of the Parks and Recreation Director that After School Programs, Inc. and the City of Tamarac enter into a renewal of the agreement and execute an Amendment to Agreement, attached hereto as "Exhibit 3"; 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 renew the agreement with After School Programs, Inc., and to execute an Amendment to Agreement. 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 an Amendment to Agreement between the City of Tamarac and After School Programs, Inc., for providing professional childcare services in the Before/After School, Winter and Spring Break and Kid's Day Off programs for the 2000/2001 school year. 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. #9049 - June 2, 2000 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this i 'J' day of , 2000. ATTEST: MARION SWENSON, CIVICINTERIM CITY CLERK I HEREBY CERTIFY that I have a this RE OLUTION as to form. JOE SCHREIBER MAYOR iiE ',ORD OF COMMISSION VOTE MITCHELL S. T MA' OR SCHREIBER U CITY ATTOR Y DIST 1: COMM. PORTNER,.;,,;� DIST 2: COMM. MISHKIN.-.:..::.....' DIST 3: COMM. SULTANOF .. DIST 4: VIM ROBERTS TEMP. RESO. #9049 EXHIBIT 1 EXHIBIT I TR 8606 AGREEMENT BETWEEN THE CITY OF TAMARAC AND AFTER SCHOOL PROGRAMS, INC, FOR PROVIDING PROFESSICNAL 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 22nd day of July, 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 July 22, 1998, 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 IZ5/LEGAUTR 8261 RESO CHILD CARE AGREEMENT WITH ASP EXHIBIT I TR 8606 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 94-0010S 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 15'h'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/LEGAUTR 8261 RESO CHILD CARE AGREEMENT WITH ASP EXHIBIT I TR 8606 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/rR 8261 RESO CHILD CARE AGREEMENT WITH ASP EXHIBIT I TR 8606 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 PPOVIDE'D 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 LI IZS/LEGAL/rR 8261 RESO CHILD CARE AGREEMENT WITH ASP EXHIBIT I TR 8606 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 thv 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. 5 IZS/LEGAL/TR 8261 RESO CHILD CARE AGREEMENT WITH ASP EXHIBIT I TR 8606 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. Section 15: This Agreement constitutes the entire Agreement between the Company and the City, and negotiations and oral understandings between the C.1 IZS/LEGAL/TR 8261 RESO CHILD CARE AGREEMENT WITH ASP EXHIBIT I TR 8606 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 whim 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 shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision of the remainder of this Agreement. rA IZS/LEGAL/TR 8261 RESO CHILD CARE AGREEMENT WITH ASP EXHIBIT I TR 8606 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 suffi By: MI HELL CITY ATTORNEY CITY OF TAMARAC By: JOE SCHREIBER MAYOR Date: J; � a ncy: AFTER SCHOOL PROGRAMS, INC. By: ALAN WOLNEK, PRESIDENT Date: i E:3 IZS/LEGAL/TR 8261 RE50 CHILD CARE AGREEMENT WITH ASP.doc EXHIBIT I TR 8606 Proposal By After School Programs, Inc. To Provide On Site Before and After School Child Care For The City of Tamarac TIME FRAME: October 1, 1998 STAFFING: We would keep all current staff at current salaries including your Site Director. In addition, we would add a second Site Director, with experience from our organization. Our child to staff ratio is 15-1. PROGRAM TIME: We will keep the program times now in effect. These are: Before School — 7:30-9:30 a.m., Kindergarten — 2:00-3:00 p.m., and After School — 3:00-6:00 p. M. PROGRAM FEES: Please see attached A.S.P., Inc. payment schedule for all rates with the exception of Kids Day Off, Spring Break and Winter Break. A.S.P., Inc. reserves the right to raise fees in the event that the Broward County School District raises fees for comparable care. A.S.P., Inc. will not exceed the percentage of increase by the School District. COMMUNICATION: A.S.P., Inc. will be responsible for all communications with parents and community. A separate phone will be installed on site to be used during program hours, at the expense of A.S.P., Inc., and our office telephone number will be given for all communication during non -program hours. EARLY RELEASE DAYS: We will provide care at no additional charge. LATE PICK-UP: A $5.00 charge per child for every 15 minutes, or part thereof, after 6:00 p.m. RETURN CHECK CHARGE: $25.00. Subsequent payments must be in cash KIDS DAY OFF: A.S.P., Inc. will provide field trips on Teacher Planning Days for an additional charge of $15.00 per child. VACATION BREAKS: A.S.P., Inc. will provide field trips during school vacations. The fee will not exceed $25.00 per day per child. SUPPLIES: A.S.P., Inc. will provide all supplies needed for the operation of the after school program. SNACKS: A.S.P., Inc. will provide juice and crackers or cookies for every child every day. EXHIBIT I TR 8606 STAFF QUALIFICATIONS: A.S.P., Inc. will meet or exceed the Broward County HRS requirements and will maintain CPR and First Aid training for all staff' in the program. All staff members must be over 18 years of age. INSURANCE: A.S.P., Inc. maintains General Liability in the amount of one million dollars. The City of Tamarac shall be added as an additional named insured and certificate holder. SCHOLARSHIPS: The Company may award scholarships to some children to cover regular program fees. A student is eligible for a scholarship if the student is on a free or reduced lunch program in school and if the child's parent or parents work or attend school during the A.S.P., Inc. program so that no parent is available to be at home. D!W tmfilesMOLNEK\Propcwal By After School Progsms.doc EXHIBIT I TR 8606 ■ -W1 , A.S.P. PAYMENT SCHEDULE P-Criq4 Payment Due Date $atf—I Rate 2 g3or4 Aug. 31 - Sep. 17 By Aug 20 $81 $10S $36 Sep_ 21 - Oct. 16 Sep. 14 - 17 $108 $140 $48 Oct. 19 - Nov. 13 Oct. 12 - 15 $108 $140 $48 Nov. 16 - Dec. 1 1 Nov. 8 - 12 $108 $140 $48 Dec. 14 - Jan. 22 Dec. 7 - 10 $108 $140 $48 Jan. 25 - Feb. 19 Jan. 18 - 21 $108 $140 $48 Feb. 22 - Mar. 19 Feb. 13 - 18 $108 $140 $48 Mar. 22 - Apr. 23 Mar. 15 - 18 $108 $140 $48 Apr. 26 - May 21 Apr. 19 - 22 $108 $140 $48 May 24 - June 17 May 17 - 20 $108 $140 $48 Registration Fee: $7.00 per child. Rate 1: After School Program Rate 2: Kindergarten Extended Rate 3: Before School Program Rate 4: Kindergarten Hour 3:00 - 6:00 p.m. 2:00 - 6:00 p.m. 7:30 - 9:00 a.m. 2:00 - 3:00 p.m. Temp. \� IS)fl Juric 2, 2000 Kathleen S.Margoles City of Tamarac Parks and Recreation 7501 N. University Drive Tamarac, Fl. 33321 Dear Ms. Margoles, Reso. #9049 — Exhibit 2 AFTER. SCHOOL PROGRAMS QUALITY ON -SITE AFTEU-SCHOOL CABE 6700 Horizons Lane Margate, FL 33063 (954) 970.6700 (888) 720-2882 Alter School Programs, lnc. would like to renew our agreement with the City of Tamarac. We understand that the agreement will be amended to include a cost of$13.41 per hour for times that your custodial staff is not normally there, but has to he there for our morning program. We also would like to amend the agreement to raise thu rate for Before School Care from $48.00 up to $56.00 per 4 week period, if necessary. Very"l,ruly Yours, Alan Wolnek Chief Operating Officer AW'jc Temp. Reso. #9049 "EXHIBIT 3" AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC AND AFTER SCHOOL PROGRAMS, INC. The CITY OF TAMARAC and After School Programs, Inc., agree to amend the original Agreement dated July 22, 1998 as follows: PROGRAM FEES After School Programs, Inc. may change the Before School Program Fee (Rate 3), from $48.00 to $56.00, per 4-week period. CUSTODIAL FEES After School Programs, Inc., agrees to pay the City of Tamarac a cost of $13.41 per hour for Custodial Staff required during times specific to the childcare programs; the total number of hours to be determined and invoiced by the City of Tamarac Parks and Recreation Director. (The remainder of this page intentionally left blank) Page 1 of 2 Jun-08-00 03:20P Temp. HIM 09W P.03 "EXHIBIT 3" AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC AND AFTER SCHOOL PROGRAMS, INC. The term of this agreement commences on the first day of the 2000-2001 school yea' and ends on the last day of the 2000.2001 school year. All other portions of the original Agreement are in effect as written. IN WITNESS WHEREOF, the parties have made and executed this Amendment on ilie respective dates under each signature. CITY OF TAMARAC, through its Mayor and, I FTER SCHOOL PROGRAMS, INC., signing by and through its Chief Operating Officer, dul 0 authorized to execute same. ATTEST: r Marion Swemon,'C/MC, Interim City Clerk / Date: _ 6 ZZA 0_0� ATTEST' C rp ate Serra Type Name of Corporate Secretary CITY OF TAMARAC By (Jae Schreiber, Mayor Date: e reyy itler, City it-�Mant,,)er ` Date: / r �o AFTER SCHOOL PROGRAMS,4, C. 4k� ref Operating Oft 'per Page 2 of 2 (CORPORATE SEAL)