Loading...
HomeMy WebLinkAboutR-81-06134) RE80tTI ON NO, 6 13 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE IN SUBSTANTIALLY THE FORM AT- TACHED HERETO AN AGREEMENT BETWEEN THE CITY AND OLSTEN TEMPORARY SERVICES FOR FURNISHING, ON All "AS REQUIRED" BASIS, ON -CALL KEYPUCH OPERATOR SERVICES FOR THE CITY'S COMPUTER OPERATIONS; USING BUDGETED FUNDS OF THE DEPARTMENT OF COMPUTERS AND COMMUNICATIONS, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMt, FLbRIDA: SECTION 1, The City Manager is hereby authorized to execute in substantially the forth attached hereto the Agreement between the CITY and OLSTEN TEMPORARY SERVICES for furnishing, on an "as required" basis, on -call keypunch services for the City's computer operations; using budgeted funds of the Department of Computers and Communications. PASSED AND ADOPTED this 9th day of JULY 1981. MAURICE A. FERRE R ATTEST: oe RALPH G. ONGIE, CITY CL PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPeWED AS TO FO - RN,D CORRECTNESS: CITY ATT CITY COMMISSION i MEETING OF JUL0 9 ic81 OEiourmN IM.R.1...r 6 1 11 :1 Howard V, Gary 16, 1981 City Manager Request for coiaalon Approval .. 13ryoe Cen�li.ngf�r, ��re�to�= .. �.,,�i ... , Department of f ft1 users " : r ;/ Agreement t ith j OtSTE� p - Temporary Servica cotauftiadtioft6Two (2 It is recommended that the City of Miami enter into an agreement with the OLSTEN 'temporary Services to supply on -call Keypunch Operators to the Department of Computers & Communications per attached agreement. In order to keep abreast of the workload in the City's computer oper- ations, on -call keypunch operators are needed. OLSTEN Temporary Ser- vices has agreed to furnish experienced competent keypunch operators as the need arises. OLSTEN Temporary Services is highly familiar with our needs for pro- fessional data entry services. Their performance in the past has been highly satisfactory and we feel it is in the best interest of the City and the Department of Computers & Communications to continue using their services as needed. Fee structure for the keypunch o erator's services will not exceed Eight Dollars and Twenty Cents (U .20) per hour. Funding will be from the budget of the Department of Computers & Communications. The length. of the agreement will be from June 1, 1981, through September 30, 1981. BG:cw cc: Law Department Management & Budget CEORG@ F. KNOX JR. CITY ATTORNEY CITY COMMISSION i MEETING OF JUL 0 9 Izidf NuoUmw 110......... REOM ............. 'his Ag'teement entered into as of the .,, day of u _ , 1981, by and between the City of 11idthi, a fituhitioat totpotation of Dade County, filotids, (hefeifi- Aftef referred to as "CITY") and Olsten tefipbtafy Setvites (hereinditet referred to as "OLSTEtr'). W I T N E S S E T H: WHEREAS, the City of Miami is desitous of tofitifiuiiis to obtain professional on•cail keypunch operatot seivides for its computer operations; and WHEREAS, OLSTEN is capable and desirous to petf6M said services; and WHEREAS, the City Corttnission authorized the City Hafiaget to negotiate and execute an dgteement; NOW. THEREFORE, the CITY and OLSTEN for consideration heteifiafter set forth, agree and covenant, one unto the other, as follows: 1. TERM: This Agreement shall commence June 1, 101, and shall terminate September 30, 1981, with an option to extend on a monthly basis thereafter. 2. BASIC SERVICES: (A) OLSTEN shall provide the following professional services: (1) To provide on -call professional experienced services of KEYPUNCH OPERATOR not to exceed the rate of Eight Dollars and Twenty Cents ($8.20) per hour. (B) The City shall have the right to refuse any Keypunch Operator that it considers not qualified or otherwise unacceptable. GEORG@ F. KNOX JR. CITY ATTORNEY ) CITY COMMISSION MEETING OF JULO 9 Izid, ACIDUTgN No........ . (A) the CttY shall pay OLStM AS cothpahsatioh for till leftiddg requited pursuant to patdgrAph 2 hereof, as �ollo�as (1) Consideration for these services is trot to eteeed Eight Dollars and Twenty Cents ($8.20) per hour. (2) Such fee shall be paid upon submission by OLSttN of monthly billings; such billings shall be paid within ten (10) days of submission. The CITY shall have } - the fright to review and audit the time records and related records of OLSTEN pertaining to such billings. (3) OLSTEN and the CITY hereby agree that the maximum amount payable under this contract shall not exceed Fourteen Thousand Dollars ($14,000.00) and shall terminate, without further action, at such time as that amount is reached. (B) Additionally, the CITY agrees to provide space and working equipment for the Keypunch Operator(s) provided by OLSTEN. 4, TERMI14ATION OF CONTRACT: The CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to ' OLSTEN who shall be paid for all WORK performed prior to the date of this receipt of the notice of termination. In no case, however, will the CITY pay OLSTEN an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and OLSTEN that any payment made in accordance with this Section to OLSTEN shall be made only if said OLSTEN is not in default under the terms of this Agreement. If OLSTEN is in default under the terms of this Agreement, then the City shall in no way be obligated and shall not pay to OLSTEN any sum whatsoever. •2•' OEORCINU F, KNOX JR, CITY ATTORNEY CITY COMMISSION MEETING OF I JULO 9 ldtii RUOUMON NO.......... RE OM .......... ... All h6tices of other c0tftU iicdtidhs which shall of MAy be given pursuant to this Agteement shall be in Wffitiilg Arid shall be delivered by personal setvice, of by registered mail or by telegraph addressed to the other Party at the address indicated herein of as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; at, if by mail, on the fifth day after being posted or the date of the actual "receipt, whichever is earlier. Titles and paragraph headings are for convenient itefetebee and are not a part of this Agreement. In the event of conflict between the terms of this Agreement and any terms or conditions contained in documents, the terms of this Agreement shall rule. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing, 6. OWNERSHIP OF DOCUMENTS: OLSTEN agrees that all documents, records and reports maintained and generated pursuant to this con- tractural relationship between the CITY and OLSTEN shall be subject to all provisions of the Florida Public Records Laws, Chapter 119, Florida Statutes, unless excepted by law. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by the CITY to OLSTEN pursuant to this Agreement shall at all times remain the property of the City and shall not be used by OLSTEN for any other purposes what- soever without the written consent of the CITY. #3' CITY COMMISSION MEETING OF JULO 9 izodi �Y a61 m3ouUfgti fi0.......... i AMR wattghts that they have hot employed of rstfithad Any company or persons to solicit or secute this A0e0efit and that they have not offered to pay; paid, of dAteed to pay any person or company any fee, commission, percentage, brokerage fee, of gifts of any kind contingent Upon of resulting from the award of making this Agreement, Ot9ttN is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), bade County, Florida (Dade County Code, Section 2.11.1) and the Florida Statutes, and agree that they will fully comply in all respects with the terms of said laws. S. NON-DELEGABILITY: It is understood and agreed that the obligatiofls undertaken by OLSTEN pursuant to this Agreement shall not be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such services or any part thereof by another person or firm. 9. CONSTRUCTION OF AGREEMENT: The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. 10. SUCCESSORS A','D ASSI0S : This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 11. AUDIT RIGHTS: The CITY reserves the right to audit the records of OLSTEN at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. GE0 F- KNOX JR, CITY ATTORNEY --.MEETING OF JUL 09lz3di �o.... .....p 6 10N — ... ... .... ...:::. e KMN shall indeintiify a?id save the Ottl harmless Eta aftAAgaitist any and all claims, liabilities, losses, and oausas of action which may arise out of OLSTEN'S activities Utdet this contract, including all other acts or omissions to act on the part of OLSTEN or any of them, including any , person acting for or on his or their behalf. _ 13, COtSFLICT OF INTEREST: OLSTEN covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, in this Agreement. OLSTEN futther covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of OLSTEN or its employees, must be disclosed in writing to the CITY. OLSTEN, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 14. I:TDEPENDENT CONTRACTOR: That OLSTEN and its employees and agents shall be deemed to be an independent contractor, and not an Agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordin- ance of the CITY, or any rights generally afforded classi- fied or unclassified employees; further he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this the day and year first above written. CITY COMMISSION MEETING OF r� d61 03pUMN NO......... - wx.................�:. U,r1! 1 vvenmwv.v.v MEETING OF JULO 9 1:1d+ pi - 6 1 WANUMON NO........ REMARK& .......