HomeMy WebLinkAboutR-2003-041 for 2003 Summer program a1a final RESOLUTION NO. 2003-041
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN DEANNA ENTERPRISES, INC. d/b/a A1A
EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO
PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES,
INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING,
PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND
REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF
THE CITY OF DANIA BEACH PARKS AND RECREATION
MANAGEMENT; CONFIRMING THAT SPECIAL CONDITIONS DO
EXIST IN ORDER TO SECURE SAID SERVICES WITH DEANNA
ENTERPRISES; WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS, PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (J), provides that during unusual conditions or emergencies, the City
Commission may, by resolution, authorize the purchase by the City Manager of
designated supplies, services, equipment and materials in amounts in excess of fifteen
thousand dollars ($15,000.00) without competitive bids and without advertisement for
bids; and
WHEREAS, the City Manager has determined that it is advantageous for the City
of Dania Beach to purchase Staffing Services for the Fiscal 2003 summer recreational
program commencing June 9t", 2003 and ending August 151h 2003
WHEREAS, the City Manager has determined that the initial contract with
Deanna Enterprises Inc. d/b/a A1A Staffing Services will be for one year, with the option
to renew for a maximum two (2) one year periods; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission of the City of Dania Beach, Florida,
approves the Agreement with Deanna Enterprises Inc. d/b/a A1A Staffing, for summer
] RESOLUTION NO. 2003-041
program staffing, a copy of which Agreement is attached as Exhibit "A" to this
Resolution.
Section'2. That the proper City Officials are authorized to execute the
Agreement and the City Manager and City Attorney are authorized to make revisions to
such Agreement as are deemed necessary and proper and in the best interest of the
City.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on MARL 24, 22003.
BOB ANTON
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CHARLEN _ J HNSON COMMISSIONER MIKES — YES
CITY CLER VICE-MAYOR MCELYEA - YES
MAYOR ANTON - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: '
TOO A )J. A SBRO
CITY'ATTORNEY
2 RESOLUTION NO. 2002-134
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND DEANNA
ENTERPRISES, INC.,A FLORIDA CORPORATION, D/B/A A-1-A EMPLOYMENT
• OF MIAMI FOR CONTRACT STAFFING OF CITY SUMMER RECREATION
PROGRAM
THIS AGREEMENT, made as of March _6, 2003 by and between the City of Dania
Beach, Florida, a municipal corporation ("CITY") organized and existing under the laws of the
State of Florida, and Deanna Enterprises, Inc., a Florida corporation d/b/a A-1-A Employment of
Miami ("COMPANY").
WITNESSETH:
WHEREAS, CITY desires to provide a summer recreation program, through the use of
an independent labor service; and
WHEREAS, COMPANY is in the business of providing various labor forces, including
but not limited to those involving municipal recreation programs, with appropriate certifications
for staff, and
WHEREAS, the parties are desirous of entering into an Agreement for such services;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
legal sufficiency and receipt of which are hereby acknowledged, the parties agree as follows:
1. SERVICES
COMPANY shall provide parks and recreational staffing to satisfy the requirements of
the City of Dania Beach 2003 Summer Recreational Program ("Summer Program"). All
personnel provided by the COMPANY shall meet all applicable legal requirements of the state of
Florida and Broward County due to the interaction with minors and shall be physically and
,mentally capable of performing the services described in the job description provided by the
CITY. COMPANY shall provide the following minimum personnel at the locations and during
the time described in this Agreement, for the consideration set forth in paragraph two below.
2. COMPENSATION
CITY shall pay COMPANY for services rendered in accordance with the costs set forth
below.
BILL RATE
a) Summer Site Supervisor (1-2 persons) @ $14.13 per hour
b) Head Counselor(1-2 persons) @ $13.44 per hour
c) Activity Specialist (1-2 persons) @ $12.81 per hour
d) Summer Counselors (18 persons) @ $10.54 per hour
• "Bill rate"means the amount of money payable by CITY to COMPANY for the services.
PAY RATE
a) Summer Site Supervisor (1-2) @ $10.09 per hour
b) Head Counselor(1-2) @ $9.61 per hour
c) Activity Specialist (1-2 ) @ $9.15 per hour
d) Summer Counselors (18) @$7.53 per hour
"Pay rate"means the amount of money paid by COMPANY to the staff.
COMPANY's overtime rates will apply to personnel provided to CITY, who work forty
(40) or more hours in a workweek. However, any hours worked in excess of forty (40) hours
shall be paid by CITY to COMPANY at an overtime rate of one and one half(1.5) the times the
regular"pay rate".
3. DUTY HOURS; DUTY LOCATIONS
COMPANY shall provide the personnel described in paragraph two, above, during
program hours at C.W. Thomas Park and Patrick J. Meli Park. CITY has the right to set and to
change the program and duty hours, as well as duty locations, by written directive issued to
COMPANY, which shall become effective on the date set forth in such written directive,
provided that such date shall not be sooner than three (3) business days from the date of the
written directive. The dates established for the Summer Program are June 9, 2003 through and
including August 15, 2003.
• 4. CONSIDERATION
COMPANY shall be paid for the services provided under this Agreement in accordance
with the hourly bill rate set forth in paragraph two, above (except for overtime, in which case
excess hours are payable by CITY at the "pay rate"). COMPANY shall be solely responsible for
and shall provide for the timely, weekly payment of wages to the contracted workers.
-COMPANY shall maintain in effect throughout the term of this Agreement, Workers'
Compensation insurance in full limits as required by Florida Statutes and will be solely
responsible for withholding taxes, FICA, and costs of physical exams and criminal background
screenings as required by CITY. If any claim for Workers' Compensation benefits are asserted
against CITY by any personnel provided to CITY by COMPANY, then upon written notice from
CITY, COMPANY shall defend CITY against all such claims and shall indemnify and hold
harmless CITY from and against any such claims to the extent of all benefits, costs of litigation,
disbursement and reasonable attorney fees incurred in connection therewith. COMPANY is
being retained as an Independent Contractor and acknowledges this Agreement does not create
any employment relationship with CITY. COMPANY shall maintain all personnel and payroll
records. CITY shall bear no responsibility for any such charges, fees, permits, and the like
associated with the employment of such personnel.
COMPANY acknowledges that CITY is contracting for Summer Program Park and
Recreation personnel services as stated in this Agreement. This Agreement requires that all
• qualified personnel be at each post during the prescribed post hours.
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5. TRAINING AND SUPERVISION
• CITY shall be responsible for furnishing orientation and training for each of the
personnel identified in Paragraph two. CITY will also assume responsibility of on-site
supervision for such personnel. COMPANY shall have, at all times during the term hereof, at its
ready disposal, backup personnel. CITY shall pay the rate set forth in Paragraph two for actual
training and retraining of applicable personnel.
6. UNIFORMS
CITY will supply uniform T-Shirts and ID Badges for the Summer Program staff. At all
times during the performance of their duties, all personnel shall be dressed in a clean .uniform
and neatly groomed.
7. COMPORTMENT; CHANGE OF PERSONNEL
At all times that such personnel are employed in CITY, whether or not on duty, such
personnel shall comport themselves in a manner which will not bring discredit-upon CITY or
COMPANY, or call into question the competence or demeanor of such person relative to the
performance of duties in the Summer Program, which, by its nature, requires such personnel to
come into contact with minors. CITY reserves the right to require the change of any personnel
upon not less than one (1) business day's notice, setting forth the name of the person to be
replaced.
• 8. HIRING PROCEDURE
COMPANY shall provide CITY with resumes of candidates who have passed the
screening process for final approval by CITY no later than May 1, 2003. If CITY desires to hire
personnel directly onto its payroll prior to the end of the Summer Program, there will be a
liquidation fee paid by CITY to COMPANY based on a percentage of annual salary payable by
CITY for such position, such percentage not to exceed 15%.
9. TERM
This Agreement shall commence on March 12, 2003, and include the period from the
Commencement Date through the date of completion of the Summer Program.
10. BILLING
COMPANY shall provide an invoice to CITY on a weekly basis, and the same shall be
satisfied within fifteen (15) days of receipt. The invoice shall be divided according to the
assignment of personnel, clearly stating the number of hours worked per day and amount earned
each day for that week and providing the total number of hours and total amount paid for that
week for each individual staff member.
•
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11. TERMINATION
rEither party may terminate this Agreement upon written notice to the other. The
termination date shall not be effective until (30) days subsequent to the date of such written
notice.
12. INSURANCE
COMPANY shall carry professional liability and auto liability insurance coverage, in the
amount of one million dollars, written with such insurance carriers as CITY shall reasonably
approve in writing, naming CITY as an additional named insured, for personal injury, death and
property damage. COMPANY shall deliver fully effective certificates to that effect, including a
clause providing for no less than a (30) day cancellation advance notice to CITY of any proposed
cancellation.
13. INDEMNIFICATION
COMPANY agrees to indemnify, defend and save harmless CITY, its officers, agents
and employees, from and against any and all liability, claims, demands or damages, caused
solely by the gross negligence or willful misconduct of COMPANY its agents, servants or
employees, including fines, fees, expenses, penalties or suit proceedings, actions and costs of
action and attorney fees for trial and on appeal, of any kind and nature arising or growing out of
the actions of COMPANY, its agents, servants, employees or others unless said claim for
. liability is caused by the negligence, misfeasance or malfeasance of CITY or its agents or
employees
14. ATTORNEY FEES
Should any dispute arise hereunder, the prevailing party shall be entitled to recover all
_costs, expenses and attorney fees incurred by the prevailing party in such dispute, whether or not
suit be brought, and such right shall include all of such costs, expenses and attorney fees through
all appeals or other actions.
15. NON-ASSIGNABILITY
This Agreement and any portion hereof shall not be assigned or transferred by either
party without the advance written consent of the other party.
16. CONSTRUCTION
This Agreement and the terms hereof shall be construed in accordance with the laws of
the State of Florida and venue for all acti'ons in a court of competent jurisdiction shall lie in
Broward County, Florida.
• 17. ENTIRE AGREEMENT; MODIFICATION
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The parties acknowledge that this Agreement contains the entire understanding and
agreement. of the parties. No modifications hereof shall be effective unless made in writing and
executed by the parties hereto with the same formalities as this Agreement is executed.
18. JOINT PREPARATION
The preparation of this Agreement has been a joint effort of the parties, and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely
against one of the parties than the other. It is the parties' further intention that this Agreement be
construed liberally to achieve its intent.
19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have set their hands and seals the day acid year set forth
below their respective signatures.
CITY
CITY OF DANIA BEACH,
® a Florida municipal corporation
ATTEST:
By.�6BE TN
N
Y I S, HARENE O SIONER
CITY CLERK %l
f A O
CI MANAGER
APPROVED FOR FORM
AND CORRECTNESS:I 1�1\ fr�,4 This/�J( day of , 2003
By:
THO A J` SBRO, ESQ
CITY ATtORNEY
•
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COMPANY
• WITNE$ES:
DEANNA ENTERPRISES, INC. a Florida
corporation, d/b/a A-1-A EMPLOYMENT OF MIAMI
Si attire
e By:
(Print Nam GARRIE J. HARIffS, VICE PRESIDENT
f
This / 9day of `m Q Q C_h ,2003
Signature
Ske_bv-.__—\D .
(Print Name)
STATE OF FLORIDA )
SS:
COUNTY OF BROWARD )
THIS IS TO CERTIFY, that on , 2003, before me, the undersigned
authority, executed the Agreement for the purposes specified in it and who personally appeared
• Garrie J. Harris as Vice-President of the corporation identified above, who (check one) [►.] is
personally known to me or [ ] produced a drivers license as identification.
NOTARY P BLIC �
Print Name: Utc-Cl r k�►� R v_— a,d s
My Commission Expires: Whom it Fosidn R rds
:Q My Commission DD149991
a„ ExpkW OcWW 22.2006
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Agenda Request Form
City of Dania Beach
Agenda Item:
Date of commission meeting: 3/25/2003
Description of Agenda Item: Approval of Contract for Summer Staffing
Commission action being requested:
Adopt Resolution or Ordinance ❑ Expenditure ® Award BID/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
a
ye
�Summary�explanation antl background v, z�T� ,�_ ."�� .._';. � .
Outsourcing the staffing of non-managerial staff for the 9 week summer program is a cost effective
• alternative. All advertising and recruiting costs are borne by the contractor, turnover and screening
Costs are also borne by the contractor.
Attached exhibits and additional backup�materials(Please list)
Contract
For purchasing requests ONLY
Department: Parks& Recreation:Summer Program Amount: $72,000.00
Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Professional Services Account Number: 00172152353310
Submitted by. Mary McDonald Date: 3/17/2003
Department Director., Mary McDonald Date: 3/17/2003
Admin. Services Director. Mary McDonald Date:
Finance Director. Patricia Varney Date: 3/17/2003
City Manager. IPato Date: 3/17/2003