HomeMy WebLinkAboutR-2010-072 Atrium Personnel, Inc. D/B/A Transhire to provide staffing services RESOLUTION NO. 2010-072
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN ATRIUM PERSONNEL, INC.
D/B/A TRANSHIRE TO PROVIDE STAFFING SERVICES FOR THE CITY'S
2010 SUMMER RECREATION PROGRAM, 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 $31,160.40; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part XII, Article 5, Section 3,
provides that the City Commission may, by resolution, authorize the purchase of designated
supplies, services, equipment and materials in amounts in excess of twenty-five thousand dollars
($25,000.00) without competitive bids and without advertising for bids, if such purchases are
made pursuant to a competitive bid obtained within the last eighteen (18) months by other
governmental entities such as the federal government, the State of Florida, or a Florida county or
municipality; and
WHEREAS, the City of Coral Springs, in participation with the Southeast Florida
Government Purchasing Cooperative Group, awarded Bid#080D-001 F to Atrium Personnel d/b/a
Transhire for temporary employment services for a two year period commencing October 17,
2009 through October 16, 2011, with an additional two year renewal option; and
WHEREAS, it has been determined advantageous for the City of Dania Beach to
purchase temporary staffing services for its 2010 Summer Recreation Program commencing June
14, 2010 and ending August 6, 2010, pursuant to the competitive bid process initiated by the City
of Coral Springs;
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 $31,160.40 with Atrium Personnel, Inc. d/b/a
Transhire for staffing services for its 2010 Summer Recreation Program, and that such agreement
shall provide a two (2) year renewal option.
Section 2. That costs of this agreement were planned, approved and are available in
the City's current approved General Fund budget within the Recreation Department Summer
Program professional services account #001-7208-572- 3110 (balance remaining available on 4-
21-10 equals $38,559.00).
Section 3. 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 interests of the
City.
Section 4. That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on May 11, 2010.
C. K. Iv c LYE/
MAYOR—COMMISSIONER
ATTEST OPo�prw's F1RSr Cam`
l
LOUISE STILSON, CMC
CITY CLERK
ATEO ��
APPROVED AS T F, RM AND CORRECTNESS:
THOMA9 J. AT4Si3kO
CITY ATTORNEY
2 RESOLUTION #2010-072
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND ATRIUM
PERSONNEL,INC. D/B/A TRANSHIRE FOR STAFFING OF CITY SUMMER
RECREATION PROGRAM
THIS IS AN AGREEMENT, made as of May , 2010, 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 Atrium Personnel Inc, a Florida corporation d/b/a Transhire
("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 2010 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
Summer Camp Head Counselor(2 persons) @ $16.50 per hour
Summer Camp Counselors (7persons) @ $12.38 per hour
(See attached descriptions of employee functions, qualifications and requirements,
which are incorporated by this reference)
"Bill rate" means the amount of money payable by CITY to COMPANY for the services.
PAY RATE
Summer Camp Head Counselor $12.00 per hour
Summer Camp 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) 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, 300 N.E. 2°d Street in Dania Beach Florida. Program hours have
been defined as Monday through Friday, with staggering shifts.
7:30-3:00 7 hours paid, 30 min unpaid break COUNSELOR SHIFT A
8:30 -4:00 7 hours paid, 30 min unpaid break COUNSELOR SHIFT B
7:30-4:00 8 hours paid, 30 min unpaid break HEAD COUNSELOR A
9:30-6:00 8 hours paid, 30 min unpaid break HEAD COUNSELOR B
ORIENTATION: June 10, 2010, from 5:00 PM-7:00 PM
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 14, 2010 through and including August 6th, 2010.
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). 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,
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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.
5. TRAINING AND SUPERVISION
CITY shall be responsible for furnishing orientation and training for each of the
personnel identified in Paragraph two. Orientation is scheduled for June 10`h, 2010 at 6PM.
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 Mayl4, 2010.
9. TERM
This Agreement shall commence on May 11, 2010, and include the period from the
Commencement Date through the date of completion of the Summer Program.
10. BILLING
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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.
11. 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.
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 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
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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.
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 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.
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
City of Dania Beach, Florida,
a Florida municipal corporation
C. K. McELYEA
MAYOR—COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
5
THOMAS J. ANSBRO
CITY ATTORNEY
COMPANY
WITNESSES: Atrium Personnel, Inc. a Florida corporation
d//b/a Transhire
Signature
By:
Scott Rasbach, Vice President
(PRINT Name)
Dated 2010
Signature
(PRINT Name)
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CITY OF DANIA BEACH
SUMMER PROGRAM HEAD COUNSELOR
ESSENTIAL FUNCTIONS
The list of essential functions, as outlined herein, is intended to be representative of the tasks performed within this
classification. It is not necessarily descriptive of any one position in the class. The omission of an essential function does
not preclude management from assigning duties not listed herein if such duties are a logical assignment to the position.
• Monitors a recreation facility and activities during assigned hours.
• Plans and conducts activities, organizes and supervises programs, games, maintains order and
discipline.
• Issues equipment to participants and is responsible for care and return.
• Inspects park grounds and equipment and reports unsafe conditions
• Prepares reports and maintains simple records.
• Opens and closes the recreational programming facilities according to established program schedules.
• Checks in registered summer program participants; performs data entry tasks in entering registered
and new participants in scheduled programs. .
• Monitors participants'actions and activities to ensure safety
MINIMUM QUALIFICATIONS
High school diploma/GED; two years experience in recreation program supervision, or an
equivalent combination of education, training and/or experience. CPR certified, successful
completion of required background screening.
PHYSICAL REQUIREMENTS
Tasks involve the ability to exert very moderate physical effort in light work, typically involving
some combination of reaching or bending, and that may involve some lifting, carrying, pushing
and/or pulling of objects and materials of moderate weight (12-20 pounds).
ENVIRONMENTAL REQUIREMENTS
Some tasks include working around moving parts, light to moderate weight motor equipment,
and materials handling where physical risks are predictable and/or controllable by observance of
standard safety precautions.
Summer Program Head Counselor
CITY OF DANIA BEACH
SUMMER PROGRAM COUNSELOR
ESSENTIAL FUNCTIONS
The list of essential functions, as outlined herein, is intended to be representative of the tasks performed within this
classification. It is not necessarily descriptive of any one position in the class. The omission of an essential function does
not preclude management from assigning duties not listed herein if such duties are a logical assignment to the position.
• Assists in the organization and delivery of summer programs activities
• Assists in maintaining order and discipline.
• Issues equipment to participants and is responsible for care and return.
• Inspects park grounds and equipment, reports unsafe conditions
• Checks in registered program participants and may perform simple data entry tasks
• Monitors participants'actions and activities to ensure safety
MINIMUM QUALIFICATIONS
High school diploma/GED; one year experience in recreation programs or an equivalent
combination of education, training and/or experience. CPR certified, successful completion of
required background screening
PHYSICAL REQUIREMENTS
Tasks involve the ability to exert very moderate physical effort in light work, typically involving
some combination of reaching or bending, and that may involve some lifting, carrying, pushing
and/or pulling of objects and materials of moderate weight (12-20 pounds).
ENVIRONMENTAL REQUIREMENTS
Some tasks include working around moving parts, light to moderate weight motor equipment,
and materials handling where physical risks are predictable and/or controllable by observance of
standard safety precautions.
Summer Program Head Counselor