Loading...
HomeMy WebLinkAboutR-81-0614A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE IN SUBSTANTIALLY THE FORM ATTACHED HERETO AN AGREEMENT BETWEEN THE CITY AND ADVANTAGE PERSONNEL TEMPORARIES INC, FOR FURNISHING, ON AN "AS REQUIRED" BASIS, ON -CALL KEYPUNCH 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 MIAMI, FLORIDA: SECTION 1. The City Manager is hereby authorized to execute in substantially the form attached hereto_ the Agreement between the CITY and ADVANTAGE PERSONNEL TEMPORARIES INC, 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 & Communications, PASSED AND ADOPTED this 9th day of JULY 1981. A ST: 7LPH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY GEOR(V F, KNOX JR, CITY ATTORNEY MAURICE A. FERRE M A Y O R Crry COMMISSION MEETING OF JULO 9 lzsoi M3DUMN NO.,, ...... MOM ......... ..........:«. Howard V. Gard City Manager Request for Cots ig s i5n Approval tryce Gettglinger, fS%rector-� -•- - Department of Computers, Agreement with Advantage Communications Personnel Tetp6rarl_es, Ind, It is recbtnmended that the City Of Miami enter ittto an agreement with the Advanatage Personnel Temporaries Inc, to supply on- call Keypunch Operators to the Department of Computers & Communications per attached agreement. In order to beep abreast of the workload in the City's computer operations, on -call keypunch operators are needed. Advantage Personnel Temporaries Incorporated has agreed to furnish experi- enced competent keypunch operators as the need arises. Advantage Personnel Temporaries Incorporated is highly familiar with our needs for professional data entry services. Their per- formance in the past has been highly satisfactory and we feel it is in the best interests 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 ($p8.20 . Fundinwill be from the budget of the Department of Computers r& Communications. The length of the Agreement will be from June 1, 1981, through September 30, 1981. BG:cw CC: Law Department Management & Budget • 1�C�fEFt`� T'i19 Aftbtf ht erhteted into As of tha ._ day 1981, by and betweaif the City of Miami, A &AMitipai corporation of bade County, Piotida, (heteinaftet tafdttad to as "CITY") and Advantage Personnel Temporaties, tttt, (heteinaftet 'referred to as "ADVANTAGE"). WITNESSETIt: WHEREAS, the City of Miami is desirous of contibuitig to obtain profession on -call keypunch opetatot services fot its computer operations; and WHEREAS, ADVANATAGE is capable and desirous to perfoft said services; and WHEREAS, the City Commission authorized the City Manager to negotiate and execute an agreement; NOW, THEREFORE, the CITY and ADVANTAGE for considetatioti heteinafter set forth, agree and covenant, one unto the other, as follows: 1. 'PERM: This Agreement shall commence .tune 1, 1981, and shall terminate September 30, 1981, with an option to extend on a monthly basis thereafter. 2. BASIC SERVICES: (A) ADVANTAGE shall provide the following profes-• sional 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. 3. COt•IPENSATION : (A) The CITY shall pay ADVANTAGE as compensation for the services required pursuant to Paragraph 2 hereof, as follows: �i� (:t�Rt�i��i�Atli�ir �tif th�ae aef'iiices is hot td.6*6E6'd tight bolfats Afid N6hty Cehts ($8.20) pet hoot. (2) 5uch fee shall be Maid upon submission by A,bVAMtAG2 of monthly billings; such billings shall be paid Withih ten (10) days of submission. The CITY shall ha'ie the tight to review and audit the time records and telated records pertaining to such billings of ADVANTAGE. (3) ADVANTAGE 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. (8) Additionally, the CITY agrees to provide space and working equipment for the Keypunch Operatot(s) Provided by ADVANTAGE. 4, TERtdINATION 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 ADVANTAGE 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 ADVANTAGE an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and ADVANTAGE that any payment made in accordance with this Section to ADVANTAGE shall be made only if said ADVANTAGE is not in default under the terms of this Agreement. If ADVANTAGE is in default under the terms of this AGREEMENT, then the CITY shall in no way be obligated and shall not Pay to ADVANTAGE any sum whatsoever. hmol GbNbffitbNS: Ali notices or other cofAuh1ddtidh§ which shall tit''MAy ba given pursuant to this Agteefndnt shall be in Wtting gild shall be delivered by personal service, or by registered mail or by telegraph addressed to the other= Party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deentded given on the day on which personally served; or, if by frail, on the fifth day after being posted or the date of the actual receipt, whichever is earlier. Titles and paragraph headings are for convenient ref-`erehee 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, OWUERSHIP OF DOCUdENTS: ADVANTAGE agrees that all documents, records and reports maintained and generated puusuant to this con- tractural relationship between the CITY and ADVANTAGE 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 ADVANTAGE pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by ADVANTAGE for any other purposes whatsoever without the written consent of the CITY. 3 - - f� A 9 /A TA wgfiafits ttidt they tide hot dfjoioyed ilf t6teiiied Ahy company or persons to solicit to secure this Agttdnent and that they have not offered to Pay' paid, or agreed to pay any person or company any fee; commission, percentage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. ADVANTAGE is aware of the conflict of interest laws of the City of Miami (tdiami City Code Chapter 2, Artiele V), Dade 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-DELAGABILITY: It is understood and agreed that the obligations undertaken by ADVANTAGE pursuant to this Agreement shall , not be delegated to any 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 nF AGREE14ENT: 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 AN`D ASSIGtiS 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 ADVANTAGE at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. ^4_ Is, t1(KENtFlCAT30N: ANAMACt shall indemnify and §gve Elie Cfrit hjMlegi ttdt and against any and all claims, liabilities, lasses and causes of action which tray arise out of ANANTAGE'S activities under this contract, including all other acts or omissions to act on the part of ADVANTAGE or any of them, including any person acting for of on his or their behalf. 13. CONFLICT OF INTEREST: ADVANNTAGE covenants that no person under its employ who presently exercises any functions or respoilsi- bilities in connection with this Agreement has any per- sonal financial interest, direct or indirect, in this Agreement. ADVANTAGE further covenants that, in the performance of this Agreeemnt, no person having such conflicting interest shall be employed. Any such inter- ests on the part of ADVANTAGE or its employees, must be disclosed in writing to the CITY. ADVANTAGE, 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 govern=. ment. 14, IMEPENDEN'T CONTRACTOR: That ADVANTAGE 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 r or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights generally afforded classified 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. f IA: AbVANtAcE PERSONNEL TEPfPORARIES INC. Ci'�Y �� tf1Att2 i ffi f�uni6i�ffi1 t6fPdfAti6ft 6f the Stffite 6f F16fida Atte�t: Cf2'Y t•tANAGEtt CITY C��� 1 WROM AS TO POM Aft e6MEC2'6Mi mokot F. KNOx JR, CITY ATTORNEY 6 .