HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-150Temp. Reso. #9049 - June 2, 2000
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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
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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
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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:
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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
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IZS/LEGAUTR 8261 RESO CHILD CARE AGREEMENT WITH ASP
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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
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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
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IZS/LEGAL/rR 8261 RESO CHILD CARE AGREEMENT WITH ASP
EXHIBIT I
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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.
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IZS/LEGAL/TR 8261 RESO CHILD CARE AGREEMENT WITH ASP
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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
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IZS/LEGAL/TR 8261 RESO CHILD CARE AGREEMENT WITH ASP
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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
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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 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)
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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
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