HomeMy WebLinkAboutCity of Tamarac Resolution R-97-2161
September 3, 1997 - Temp. Reso. #7983 1
September 11, 1997 - Revision No. 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- a7% ca
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE AWARD OF BID #97-24B
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 DATE.
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
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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 not indicate
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
September 3, 1997 - Temp. Reso. #7983 3
September 11, 1997 - Revision No. 1
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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
for School Crossing Guard Services to Alpha Temporary Services, Inc.
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.
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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 "B") 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.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
E TION 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.
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SECTION 5:
passage and adoption.
September 3, 1997 - Temp. Reso. #7983 5
September 11, 1997 - Revision No. 1
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this v21( day of 5� , 1997.
ATTEST:
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CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RE OLUTION as to m.
,MIT ELL S. KRAF
CITY ATTORNEY �,
Comm dev\c: \use rd ata\wpdata\res\7983reso\ps
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR
SCHREIBER
DIST 11:'
COMM. MCKAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
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INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN
CITY OF TAMARAC
AND
ALPHA TEMPORARY SERVICES, INC.
This Agreement is made and entered into this 24 day of September 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".
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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 give preferenceto CITY OF TAMARAC residents for
positions in the CITY OF TAMARAC.
8. CONTRACTOR shall provide A 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.
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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.
14. The CONTRACTOR shall provide school crossing services at the direction
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,
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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
Tamarac, FL 33321-2401
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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.
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IN WITNESS WHEREOF,
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 b and throu C v�
duly authorized to execute same. g g y gh ��
CITY OF TAMARAC:
BY: jc-z-.Q
JOE SCHREIBER
MAYOR
DATE: September 24 1997
ATTEST:
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CAROL A. EVANS� ROBERTS. NOE, JR.
CITY CLERK CITY MANAGER
DATE: September 24, 1997
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0 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 Schr to me 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.
E
WITNESS my hand and official seal this 24 day Of _Lgptembar.- , 199 7
r
LWZA a
NOTAAY PUBLIC, State Off lorida at Large
AV PV OFFICIAL NOTARY SEAL
°tP Bl, PHYLLIS POLIKOFF
= n COMMISSION NUMBER
CC390392
o MISSION ExP• Phyllis Po l ikof f
�° MY COMMISSION (Name of Notary Public: Print, Stamp, or
Fo FrsEFT 23 1998 Type as Commissioned)
( )0 Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath or ( X) DID NOT take an oath.
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ALPHA TEMPORARY SERVICES, INC.
By:
CAROLE GREENICH
gQ,�r -STAFFI14Q-MANAGER
STATE OF FLORIDA
:SS
COUNTY OF BiP-04A41f6 :
I HEREBY CERTIFY that on this date, before me, an officer duly authorized in the State
aforesaid aid in the, ounty aforesaid to take acknowledgments, personally appeared
to me 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 `f day of s , 1992
NOT RY PUBLIC, StatetfFlorida at Large
LLrs d L. a
(Name of Notary Public: Print, Stamp, or
Type as Commissioned)
) Personally known to me, or
01'sroduced identification J�Z Z)L
Type of I.D. Produced
( ) DID take an oath or ( V<ID NOT take an oath.
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NOTARY SEALIS POLIKOFFSION NUMBER390392MISSION EXP. 231998