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HomeMy WebLinkAboutR-2008-053 Summer Program 2008 RESOLUTION NO. 2008-053 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, d/b/a AIA 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 FOR AN AMOUNT NOT TO EXCEED $40,000; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH 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 0), 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 twenty five thousand dollars ($25,000.00) 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 2008 summer recreational program commencing June 9, 2008 and ending August 1, 2008; 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 an agreement, for an amount not to exceed $40,000, with Deanna Enterprises d/b/a AIA Staffing, for 2008 summer program staffing. Section 2. That staffing levels, contract rates and pay rates are reflected in the attached document, and the City Manager and City Attorney are authorized to make minor revisions to the 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 March 25, 2008. C ALBERT C. JONES MAYOR—COMMISSIONER AT EST: CO&W - LOUISE S ILSON, C C CITY CLERK APPROVED AS TO FO AND CORRECTNESS: BY: MAS . NSBRO CITY A ORNEY 2 RESOLUTION #2008-053 AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND DEANNA ENTERPRISES INC . d/b/a/AlA EMPLOYMENT OF MIAMI FOR CONTRACT STAFFING OF CITY SUMMER RECREATION PROGRAM THIS IS AN AGREEMENT, made as of March , 2008 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 Deana Enterprises, Inc. d/b/a/ AIA 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 2008 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) Head Counselors (2 person) @ $16.50 per hour b) Summer Counselors (7persons) @ $12.00 per hour "Bill rate" means the amount of money payable by CITY to COMPANY for the services. 3 RESOLUTION #2008-053 PAY RATE a) Head Counselor $12.00 per hour b) Summer Counselors $9.00 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 Frost 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, 2008 through and including August 1, 2008. The date established for orientation is June 3, 2008. 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. 4 RESOLUTION #2008-053 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. TERM This Agreement shall commence on March _, 2008 and include the period from the Commencement Date through the date of completion of the Summer Program. 9. 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. 5 RESOLUTION #2008-053 10. TERMINATION Either 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. 11. 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. 12. 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 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 13. 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. 14. 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. 15. CONSTRUCTION This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Broward County, Florida. 6 RESOLUTION #2008-053 16. ENTIRE AGREEMENT; MODIFICATION 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. 17. JOINT PREPARATION The preparation of this Agreement has been ajoint 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. 18. 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 and year set forth below their respective signatures. CITY IVAN PATO CITY MANAGER ATTEST: LOUISE STILSON, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 7 RESOLUTION 42008-053 COMPANY WITNESSES: Deanna Enterprises Inc. /d/b/a AIA Employment of Miami Signature By: (Print Name) This day of , 2008 Signature (Print Name) 8 RESOLUTION 42008-053