Loading...
HomeMy WebLinkAboutR-2006-099 Staffing Connection /r RESOLUTION NO. 2006-099 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC FOR A PERIOD OF THREE YEARS, FOR AN AMOUNT NOT TO EXCEED $78,000.00 PER YEAR TO PROVIDE SCHOOL CROSSING GUARD STAFFING SERVICES, 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), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is advantageous for the City of Dania Beach to continue to utilize Staffing Connection/Action Labor Management, LLC for school crossing guard staffing services for a period not to exceed three years with possible extensions for an additional two years, beginning and effective with the 2006-2007 school year; and WHEREAS, the City Manager has determined that such services can best be obtained pursuant to an agreement with Staffing Connection/Action Labor Management, LLC under the City of Tamarac bid no. 02-03B, a copy of which is attached to this agreement and the City of Sunrise negotiated contract rate of$12.58 per hour (which City relied upon the City of Tamarac bid) and which rate is valid through October 31, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an agreement with Staffing Connection/Action Labor Management, LLC for school crossing guard staffing services, a copy of which is attached and identified as Exhibit "A". Section 2. That the contracted bill rate will be $12.58 hourly for an amount not to exceed $78,000 per year; funding will be derived from the General Fund. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper and in the best interest 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 June 13, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: 34--O-jeno LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: ( r;l r &�\ THO1MAS J. ANSBRO CITY ATTORNEY i 2 RESOLUTION #2006-099 } 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND STAFFING CONNECTION AND ACTION LABOR MANAGEMENT, LLC FOR SCHOOL CROSSING GUARDS THIS AGREEMENT, made as of C , 2006, by and between the CITY OF DANIA BEACH ("City"), a loridaVC, nicipal corporation and STAFFING CONNECTION/ACTION LABOR MANAGEMENT, a Florida limited liability company ("Company"). WHEREAS, City is desirous of providing for the satisfaction of its school crossing guard program through an independent labor contract agreement; and WHEREAS, Company is in the business of providing various labor forces, including, but not limited to school crossing guard services, with appropriate certifications; and WHEREAS, the parties are desirous of providing for the terms of their Agreement; In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: 1. Services: Company shall provide the school crossing guard and supervisory services necessary to satisfy the requirements of the City's School Crossing Guard Program. Company shall provide the following minimum personnel, at the locations and during the time described in this Agreement, for the consideration set forth below: (a) number of guards: 11 guards (b) number of supervisory personnel: 1 (c) bill rate: $12.58 per hour The City reserves the right to require more or less crossing guard services upon three (3) days' written notice, specifying its needs. In no case during the term of this Agreement shall the cost to the City exceed $78,000.00 in any one year. 2. Duty Hours; Duty Locations: Company shall provide the personnel described above during the school hours and at al posts as deemed necessary by the school board and the City. The City has the right to change the duty hours, as well as duty locations, by written directive, 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. Page 1 of 7 t I Company shall give all current guards with the City the first opportunity to remain and become employees of the Company, based on their previous performance record, as discussed with the City. 3. Consideration: Company shall be compensated for the services provided under this Agreement in accordance with the hourly rate set forth in paragraph 1. Company shall be solely responsible for and shall provide for the payment of Workers' Compensation insurance coverage and premiums, withholding taxes, FICA, benefits, if any, all remunerations, all labor contract compliance and all other charges. Company is being retained as an independent contractor and acknowledges and agrees that this Agreement does not create any employment relationship with the City. The City shall bear no responsibility for any such charges, fees, permits and the like associated with the employment of such personnel. Company acknowledges and agrees that City is contracting for the full crossing guard services for the hours and at the described posts as stated in this Agreement. This Agreement requires that qualified personnel service be at each post during the prescribed post hours. Company will conduct a criminal history check and provide drug testing, to identify prospective personnel for hire. 4. Training and Supervision: Company shall be responsible for furnishing the training and certification of each of the personnel set forth in paragraph 1. Company represents that it is a qualified trainer and shall provide personnel meeting these training and certification standards required pursuant to Section 234.302, Florida Statutes. All crossing guards shall be retrained on a yearly basis for four (4) hours. No person lacking such certification shall be provided to the City by Company. Company shall have, at all times during the term of this Agreement, at its ready disposal, backup personnel. The City shall pay the rate as set forth in this Agreement, for actual training and retraining of applicable personnel. 5. Uniforms: All personnel shall wear dark slacks, skirts or shorts and a white top with appropriate photo ID badges. At all times during the performance of their duties, all personnel shall dress in a clean and neat manner. Company will assume equipment replacement responsibility as needed. 6. Comportment; Change of Personnel: At all times when such personnel are working for Company whether or not on duty, such personnel shall comport themselves in a manner which will not bring disrespect upon the City or Company, or call into question the competence or demeanor of such person relative to the performance of school crossing guard service, which, by its nature, requires such personnel to come into contact with minors. The City reserves the right to require the change of any personnel Page 2 of 7 i upon no less than three (3) business days' written notice, setting forth the name of the person to be replaced or in the absence of a name, the description and the location of the post location. • 7. Duty Roster: Company shall provide the City with the names of all personnel and the location of all individuals' post locations. Such roster shall be provided on a weekly basis as of Friday of the week preceding. 8. Term: This Agreement shall commence on /�UC-i1jT , 2006, and include the period from the commencement date through the last day of the academic school year, according to the Broward County School District schedule, as well as the schedule for summer school, according to the City for the remaining part of the school year. The initial contract will be for three (3) years, with the option of City to renew for a maximum of two (2) one-year periods. Option to renew shall be provided in writing pursuant to the notice provision thirty (30) days prior to end of the contract period. 9. Billing: Company shall provide an invoice to the City on a weekly basis and the same shall be satisfied within thirty(30) days. • 10. Termination: Either party may terminate this Agreement on written notice, provided that the services under this Agreement shall not be terminated until thirty(30) days subsequent to the date of such written notice. 11. Insurance: Company shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' Compensation insurance and comprehensive general liability insurance as stated below: A. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Company's employees and Employer's Liability Insurance with a limit of $1,000,000.00. B. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured"with respect to any claims arising out of this Agreement. Page 3 of 7 i t 2 C. If Company hires a subcontractor for any portion of any work, then such . subcontractor shall provide professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). D. The Company shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty(30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. All insurance policies must be issued by companies authorized to do business under the laws of the state of Florida. The companies must be rated no less than `B+" as to management and no less than "Class V" as to strength by the latest edition of Best's Insurance guide, published by A.M. Best Company, Olwick, New Jersey or its equivalent, or the companies must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to do Business in Florida," issued by the State of Florida Department of Insurance and shall be members of the Florida Guaranty Fund. 12. Notices: Except as provided above, whenever either party desires to give notice to the other, it • must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: t City: Mary McDonald, Human Resources Director/Risk Manager City of Dania Beach 100 West Dania Beach Boulevard • Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Consultant: Carole S. Greenich, Manager 1280 South Powerline Road #25 Pompano Beach, FL 33069 Page 4 of 7 13. Indemnification: • Company agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all liability, claims, demands or damages caused by any negligent act or omission, misfeasance, or malfeasance of Company, its agents, servants or employees, including fines, fees, expenses, penalties or suit proceedings, actions and causes of action and attorney fees for trial and on appeal, of any kind and nature arising or growing out of the actions or inactions of Company connected with the performance of this Agreement,whether by act or omission of Company its agents, servants, employees or others, unless the claim for liability is caused by the sole negligence, misfeasance or malfeasance of the City or its agents or employees. 14. Attornev Fees: Should any dispute arise under this Agreement, 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 or any portion of it 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 in it 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. 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. 19. Exhibits: All exhibits attached to this Agreement or mentioned in it which contain additional terms shall be deemed incorporated by this reference. • Page 5 of 7 20. Conflicts: . In the event of any conflict between any provisions of this Agreement and any provisions in the exhibits attached to it, the parties agree that the provisions of this Agreement are controlling. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: t �CM c-�'�-- -�L UISESTILS0N, C PATRICIA FLURY CITY CLERK MAYOR / i i IVA ATO, TY MANAGER • APPROVED FOR FORM AND CORRECTN-hSS: THO A�J. A SBRO CITY ATTORNEY Page 6 of 7 C f i i WITNESSES: COMPANY: STAFFING CONNECTION/ACTION • LABOR, LLC, a Florida 'mited li ility com an Signature ` en o er, Presi ent/ Prin 4ameSi atur -�- Print Name • Page 7 of 7 i CITY OF ®AMA BEACH Agenda Item# s • t Agenda Request Item Date of Commission Meeting: 6/13/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: ON �Requested Action�� (Idenfity appropriate Action or Motion) �: � � � � � � �, �� � �; �"�� Adoption of Resolution nn� , ,,...�;,:.,..� � � .>..a ,.,, ,. ,.. _> a..F ...a r:..,�... ..a„- v- � :, a:,s�.,,,.�.:<r��._.� �..,,., a.� :. � � ,,. :�..��i��.,. ..,,:;'�.,racs➢!�u'..,�E$,�, _,w ..,_._. Contract with Staffing Connection to provide School Crossing Guard services is expiring. What Actwn Accom lashes � � r �3 3 ,�.: Renews contract with current provider, provides continuity of staffing, maintains competitive rates. Dept: 1300 Human Resources Acct#: 001-1300-513.34-10 Amt: Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ The City of Dania Beach has successfully worked with Staffing Connection for four years, receiving excellent service, continuity in employees, and affordable rates(no rate increase had been requested during these years). Staffing Connection has honored our request to give Dania Beach residents first priority in hiring and currently the majority of the guards are Dania Beach residents. There are limited providers of this service, and rates among the providers are competitive. The rates are impacted by localized hiring demographics. While we can piggy back on the City of Tamarac bid/RFP process, we are not able to get the same bill rate without reducing our current guards' current pay rate, which will likely result in losing these valuable workers.We have opted to accept a renewal term that is consistent with the City of Sunrise, will allow us to maintain current workers, and continue the level of safety our community has enjoyed for the last four years. FiscalylmpactlCost Summary rx "ram . R � �� s� a r Not to exceed $78,000 per year May 10 memo to Commission Contract between Dania Beach and Staffing Connection (cannot be attached electronically. hard copy sent) Bid Documents (cannot be attached electronically, hard copy sent) Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Mary McDonald Date 05/30/06 Department Director Mary McDonald Date 05/30/06 HR Director Mary McDonald Date 05/30/06 Finance Director Patricia Varney Date 05/31/06 City Attorney Thomas J. Ansbro Date 05/31/06 City Manager Ivan Pato Date 05/31/06 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ • CITY OF DANIA BEACH F DEPARTMENT OF HUMAN RESOURCES AND RISK c MANAGEMENT TO: Mayor Flury Vice Mayor Anton Commissioner Bertino Commissioner Castro Commissioner McElyea Cc: Ivan Pato, City Manager FROM: Mary McDonald, Director Human Resources DATE: May 10, 2006 SUBJECT: RESOLUTION: CROSSING GUARD CONTRACT Our current contract with Staffing Connection for crossing guard services will expire August 2006. We have enjoyed excellent service from this firm, they have honored our request to give Dania Beach residents preference in employment (seven of the twelve • guards on staff are Dania Beach residents) and they have not raised our rates for three years. Our bill rate is currently $11.97 hourly. We have the option of"piggy backing" on the RFQ done by the City of Tamarac, the City of Sunrise has also "piggybacked" on this RFQ. The City of Tamarac bill rate is $9.60 hourly (paying the employees minimum wage), the City of Sunrise contracts with a bill rate of$12.58 (paying our staff $8.50). The estimated worked hours per year are 5760. If we align with Tamarac, we could save approximately $17,000. However, it is my recommendation that we do NOT take this route, and instead align with the Sunrise contract. I ask your support of the attached resolution. My recommendation is based on the following: 1) The lower rate we will reduce the pay of workers who have been consistent, reliable performers for over three years. The reduction is $2.10 hourly. 2) We will likely lose the employees we have (7 are Dania Beach residents). 3) Paying minimum wage for employees charged with safe guarding school children in high traffic areas is not a smart move. The pool of quality, reliable personnel willing to work for minimum wage dwindles. (The demographics of the City of Tamarac are significantly different from those in Dania, this impacts the pool of mature, responsible applicants from which to hire). • PA1Agenda Request Items\HUMAN RESOURCES\memo to commission crossing guards.doc 1 r CITY OF -� • RISE November 23, 2005 Action Labor and Staffing Connection 1280 S Powerline Road Ste 25/26 Pompano Beach, Florida 33309 Attn. Carole Greenich Subject: Contract Renewal- Temporary Crossing Guards Fourth Amendment to the Contract No. (02)A-01 Dear Ms. Greenich, • Enclosed please find a fully executed copy of the Fourth Amendment to the Agreement for Temporary Crossing Guards for your records. The renewal term is from November 1, 2005 through October 31, 2007. Please call me if you have any questions. Sincerely, Ali a Shand, CPPB Purchasing Specialist • Fourth Amendment To Contract No. (02)A-01 Between THE CITY OF SUNRISE And ACTION LABOR AND STAFFIlVG CONNECTION For Temporary CrossinE Guards This Fourth Amendment To Contract No. (02)A-01 is made by and between the CITY OF SUNRISE ("City") and ACTION LABOR AND STAFFING CONNECTION. ("Contractor") WHEREAS, a Contract was entered into between the parties on December 12, 2001, as authorized under Resolution No. 01-179; and WHEREAS,the First Amendment to the Contract,which extended the term of the Contract, was signed and became effective respectively on October 17, 2002; and WHEREAS, the Second Amendment to the Contract, which extended the term of the Contract, was signed and became effective respectively on October 31, 2003; and WHEREAS, the Third Amendment to the Contract, which extended the term of the Contract, was signed and became effective respectively on October 29, 2004; and WHEREAS,the parties agree that an amendment to the Contract is necessary to extend the Contract for the final renewal period and to increase the number of crossing guards.- NOW THEREFORE, in consideration of the mutual covenants and obligations created hereby, as well as other good and valuable considerations, the parties agree as follows: 1. Recitals Incorporated. The foregoing recitals are incorporated by reference and made part of this Amendment. 2. Amendment to Contract. a) Article 2, Schedule is hereby amended to add the following sentence after the first sentence: "The parties agree to extend1he Agreement for the final renewal period from November 1, 2005 thr ctober 31, 2007, under the same teens and conditions." b) Exhibit "A", Contractor Requirements is hereby amended to add the following sentence: • l "The parties agree that the number of school crossing guards per school day,Monday through Friday, except school holidays and planning days,will be increased from thirty- five (35) to thirty eight(38)." 3. Conflicting Terms. In the event the terms of this Amendment conflict with those of the Initial Agreement, the terms of this Amendment shall govern. All other terms of the Contract and any Amendments to Contract,collectively, shall remain and continue in full force and effect. 4. Captions. The captions of this Amendment are for convenience only and are not to be construed as defining or limiting in any way the scope or intent of the provisions of this Amendment. 5. Effective Date. This Amendment shall be effective on November 1, 2005. THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK i • IN WITNESS WHEREOF, the City and Contractor have caused this Fourth Amendment to the Contract to be executed on the date indicated below. CITY OF SUNRISE, a Florida Municipal corporation By: M rsha Peterson, Purchasing Director this,�/ day of me—tc 2005. CITY OF SUNRISE, a Florida Municipal corporation By: �/ David T. Boyett, ief of Police this-—(day of �'`` ° . 2005. • ACTION LABOR AND STAFFING CONNECTION C.0 By: Witness Title: wajwu�4� Witness Date: • 3 CENTRAL SERVICES DEPARTMENT CITY OF °' Phone: (954) 572-227, Purchasing Division Fax: (954) 572-227E • October 29, 2004 Action Labor and Staffing Connection 1280 S Powerline Road #22-23 Pompano Beach, Florida 33069 Attn. Carole Greenwich Subject: Temporary Crossing Guards Contract No. (02)A-01 Dear Ms. Greenwich, Enclosed please find a fully executed copy of the Third Amendment to the contract for • Temporary Crossing Guards for your records. The term is for one(1) year from November 1, 2004 through October 31,2005. Please call me if you have any questions. Sincerely, JA', @cia�Shand, CPPB Purchasing Specialist • 10770 West Oakland Park Boulevard Sunrise, FL 33351 Third Amendment To • Contract No. (02)A-01 Between THE CITY OF SUNRISE And ACTION LABOR AND STAFFING CONNECTION For Temporary Crossing Guards This Third Amendment To Contract No.(02)A-01 is made by and between the CITY OF SUNRISE ("City") and ACTION LABOR AND STAFFING CONNECTION.("Contractor") WHEREAS, a Contract was entered into between the parties on December 12, 2001, as authorized under Resolution No. 01-179; and WHEREAS,the First Amendment to the Contract,which extended the term of the Contract, was signed and became effective respectively on October 17, 2002; and WHEREAS, the Second Amendment to the Contract, which extended the term of the Contract, was signed and became effective respectively on October 31, 2003; and • WHEREAS,the parties agree that an amendment to the Contract is necessary to extend the Contract for an additional one (1) year period; NOW THEREFORE, in consideration of the mutual covenants and obligations created hereby, as well as other good and valuable considerations, the parties agree as follows: 1. Recitals Incorporated. The foregoing recitals are incorporated by reference and made part of this Amendment. 2. Amendment to Contract. Article 2, Schedule is hereby amended to extend the services for an additional one(1)year period from November 1, 2004 through October 31,2005. 3. Conflicting Terms. In the event the terms of this Amendment conflict with those of the Initial Contract, Amendment No. 1,or Amendment No. 2, the terms of this Amendment shall govern. All other terms of the Contract and any Amendments to Contract, collectively, shall remain and continue in full force and effect. 4. Captions. The captions of this Amendment are for convenience only and are not to be construed as defining or limiting in any way the scope or intent of the provisions of this Amendment. . 5. Effective Date. This Amendment shall be effective on November 1, 2004. 1 • IN WITNESS WHEREOF,the City and Contractor have caused this Third Amendment to the Contract to be executed on the date indicated below. CITY OF SUNRISE, a Florida Municipal corporation By: M sha Peterson, Purchasing Director this!!�T day of 0 ' Sr2004. CITY OF SUNRISE, a Florida Municipal cor oration By: David T. Boyett, Chief of Police this day of d2004. • ACTION LABOR AND STAFFING CONNECTION Witn s Title: 6 z Wj,fxiess Date: • 2 .�CITY OF CENTRAL SEMCES DEPARTMEN r ( `f Phone: (954) 572-2274 Purchasing Division � B 1 �I Fax: (954) 572-21278 1-3, 2003 Action Labor and Staffing Connection 1280 S Powerline Road #22-23 Pompano Beach, Florida 33069 Attn. Carole Greenich Subject: Contract Extension Contract No. (02)A-01 Contract Title: Temporary Crossing; Guards Dear Ms. Greenich, The above referenced agreement will expire on October 31, 2003. Per our conversation, the City would like to extend this contract for a one(1) year period, through October 31, 2004. Enclosed please find three (3) copies of an amendment to the original contract for your review and signature. Kindly return all copies and a fully executed copy will be sent to you shortly. Please provide a current certificate of Insurance, listing the City of Sunrise as additional insured. Sincer , Alicia Shand Purchasing Specialist ��eaoimee�niot� e�.mreiaeenm ®a�imui®c®aeu� 10770 West Oakland Park Boulevard • Sunrise, Florida 33351 Second Amendment • To The Agreement Bebveen THE CITY OF SUNRISE And ACTION LABOR AND STAFFING CONNECTION For Temporary Crossing Guards This Second Amendment To the Agreement .is made by and between the CITY OF SUNRISE ("CITY") and ACTION LABOR AND STAFFING CONNECTION ("CONTRACTOR"). WHEREAS, an Agreement between the City of Sunrise, Florida and Action Labor and Staffing Connection, for temporary school crossing guard services, Con.traet-No4. -02)—A was entered into between the parties on December 12,2001, as authorized under Resolution No.01-179 and WHEREAS, the parties agree that an amendment to the Agreement, is necessary to extend the services for an additional one (1) year period at the same rates; • NOW THEREFORE, in consideration of the mutual covenants and obligations created hereby, as well as other good and valuable considerations, the parties agree as follows: 1. Recitals Incorporated. The foregoing recitals are incorporated by reference and made part of this Amendment. 2. Amendment to Agreement. Article 2-Schedule is hereby amended to extend services for an additional one (1) year period from November 1, 2003 through October 31, 2004. 3. Conflicting Terms. In the event the terms of this Amendment conflict with those of the Initial Agreement, the terms of this Amendment shall govern. All other terms of the Agreement shall remain and continue in full force and effect. 4. Captions. The captions of this Amendment are for convenience only and are not to be construed as defining or limiting in any way the scope or intent of the provisions of this Amendment. 5. Effective Date. This Amendment shall become effective on the date this document is signed by all parties. IN WITNESS WHEREOF, the CITY and CONTRACTOR have caused this First Amendment to the Agreement to be executed, on the date indicated below. 1 r CITY OF SUNRISE, a Florida Municipal corporation By: e Mar6ha Peterson, Purchasing Director this.�L day of�, 2003. By: /6i5,/Q David T. Boyett, Chief of Police this 1-')day of c- t / , 2003. ACTION LABOR AN STAFFING CON ' CTON. • B. G/ Print Name: ?� ;L Title: - �U this day of , 2003. • CENTRAL SERVICES DEPARTMENT CITY OF —. — — Phone: (954) 572-227, Purchasing Division Fax: (954) 572-2271 SUNRISE October 14, 2004 Action Labor and Staffing Connection 1280 S Powerline Road #22-23 Pompano Beach, Florida 33069 Attn. Carole Greenwich Subject: Temporary Crossing Guards Contract No. (02)A-01 Dear Ms. Greenwich, Enclosed please find three (3) originals of the Third Amendment to the contract for Temporary • Crossing Guards. This amendment renews the contract for.one year from November 1, 2004 through October 31, 2005. Kindly have all copies signed and return to the Purchasing Division by October 25, 2004. A fully executed copy of the amendment will be sent to you for your records. Please call me if you have any questions. Sincerely, AlrciaShand, CPPB Purchasing Spec' r �� lWlj • 10770 West Oakland Park Boulevard Sunrise, FL 33351 CITY OF FINANCE DEPARTMENT Phone:(954) 572-2274 Purchasing Division Fax:(954) 572-2278 • October 1, 2002 Action Labor and Staffing Connection 1280 S Powerline Road#22-23 Pompano Beach, Florida 33069 Attn. Carole Greenich Subject: Contract No. (02)A-01 for Temporary Crossing Guards Dear Carole: The above-referenced agreement will expire on October 31, 2002. Per our discussion, the City would like to extend this contract for a one (1)year period, through October 31, 2003. Enclosed please find three originals for your signature. Kindly sign all and return to the Purchasing Division as soon as possible. Please provide a current Certificate of Insurance to the Purchasing Division, listing the City as an additional insured. Sincerely, --� —Alicia Shand Purchasing Specialist • 10770\Nest Oakland Park Boulevard • Sunrise, Florida 33351 CONTRACT NO. (02)A-01 This Contract is made by and between City of Sunrise, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the CITY and Action Labor and Staffing Connection, a corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I. D. number is 65-1038622. In consideration of the mutual promises contained herein, the CITY and the CONTRACTOR agree as follows: ARTICLE 1 - SERVICES The CONTRACTOR'S responsibility under this Contract is to provide temporary crossing guards for the CITY'S Police Department, as stated in Exhibit"A", Scope of Services, attached hereto and made a part of this document. The CITY'S representative/liaison during the performance of this Contract shall be Sgt. Bob Clark, telephone number(954) 746-3386 or designee. The CONTRACTOR'S representative/liaison during the performance of this Contract shall be • Carole S. Greenich, telephone number(954) 315-2100. ARTICLE 2 -SCHEDULE The CONTRACTOR shall commence services on November 1, 2001 through October 31, 2002. ARTICLE 3 - PAYMENTS TO CONTRACTOR A. The total amount to be paid by the CITY under this Contract for all services and materials shall not exceed the department's budgeted funds for the fiscal year 2001/2002. B. The CONTRACTOR will bill the CITY on a weekly basis for services rendered toward the completion of the work defined herein at the rate of S 12.58 per hour. Submit invoices to: City of Sunrise Attn: Accounts Payable 10770 W. Oakland Park Blvd. Sunrise, FL 33351 r � C. Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed • and approved by the CITY'S representative, indicating that services have been rendered in conformity with the Contract and then will be sent to the Finance Department for payment. Invoices will generally be paid within thirty (30) days following the CITY representative's approval. D. Final Invoice: In order for both parties herein,to close their books and records, the CONTRACTOR will clearly state "final invoice"on the CONTRACTOR'S final/last billing to the CITY. This certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY: Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice,or which are in excess of the not to exceed amount, are waived by the CONTRACTOR. ARTICLE 4 -TRUTH-IN-NEGOTIATION CERTIFICATE Signature of this Contract by the CONTRACTOR shall also act as the execution of a truth-in- negotiation certificate certifying that the wage rates, over-head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the CONTRACTOR'S most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate presentation of fees paid to outside contractors. The CITY shall exercise its rights under this Article 4 within three (3) years following final payment. ARTICLE 5 - TERMINATION This Contract may be canceled by the CONTRACTOR upon sixty (60) days prior written notice to the CITY'S representative in the event of substantial failure by the CITY to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the CITY, with or without cause, immediately upon written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the CITY'S satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the CITY, the CONTRACTOR shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work within ten (10) calendar days from the Stop Work Date. C. Transfer all work in process, completed work, and other materials related to the • 2 terminated work to the CITY within thirty (30) calendar days from the Stop Work • Date. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 6 - PERSONNEL The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the required services shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the services shall be fully qualified and authorized or permitted under state and local law to perform such services. Any changes or substitutions in the CONTRACTOR'S key personnel, as may be listed in Exhibit "A", must be made known to the CITY'S representative and written approval must be granted by the CITY'S representative before said change or substitution can. become effective. The CONTRACTOR warrants that all professional services shall be performed by skilled, trained and competent personnel to the highest professional standards in the field. • ARTICLE 7 - SUBCONTRACTING The CITY reserves the right to accept the use of a subcontractor, or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new subcontractor by the CITY. ARTICLE 8 - FEDERAL, AND STATE TAX The CITY is exempt from payment of Florida State Sales and Use Taxes. The CITY will sign an exemption certificate submitted by the CONTRACTOR. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the CITY, nor is the CONTRACTOR authorized to use the CITY'S Tax Exemption Number in securing such materials. The CONTRACTOR shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this contract. 3 ARTICLE 9 - AVAILABILITY OF FUNDS The CITY'S performance and obligation P g n to pay under this Contract is contingent upon an annual appropriation for its purpose by City Commission. ARTICLE 10 - INSURANCE Unless otherwise specified in this contract, CONTRACTOR shall at its sole expense,maintain in effect at all times during the life of this Contract the following required insurance coverages with limits not less than those set forth below: COMMERCIAL GENERAL LIABILITY.• CONTRACTOR shall maintain Commercial General Liability, occurrence form, with minimum limits of$1,000,000 per occurrence combined single limit for bodily injury, personal injury, and property damage liability. Coverage shall include, but not be limited to, Premises and Operations, Independent CONTRACTORS, Products and Completed Operations, Contractual Liability, Personal Injury & Advertising Injury, Medical Payments, and Broad Form Property Damage coverage parts. When applicable, coverage for the hazards of explosion, collapse and underground property damage(X-C-U) must also be included. B USINESS A UTO LIABILITY.• • CONTRACTOR shal l maintain Business Auto Liability with minimum limits of$1,000,000 per occurrence combined single limit for bodily injury and property damage liability. Coverage shall include all Owned Autos, Hired-Autos, and Non-owned Auto liability. If CONTRACTOR does not have any Owned or Specifically Insured Autos, then CONTRACTOR shall maintain only the Hired-Auto and Non-Owned Auto Liability coverage under a separate policy or endorsed to the Commercial General Liability policy. I VORKER'S COMPENSA TION: CONTRACTOR shall maintain Worker's Compensation & Employers Liability applying to ALL employees for statutory limits in compliance with Florida Statute Chapter 440 and applicable Federal Laws. Coverage must include Employers Liability with minimum limits of$100,000 Each Accident, $500,000 Disease-Policy Limit, and $100,000 Disease-Each Employee. If CONTRACTOR has NO employees, and is NOT in the construction industry, a Certificate of Exemption from the Worker's Compensation Law along with an Affidavit of Independent CONTRACTOR status shall satisfy this requirement when provided to and approved by CITY'S Risk Management Department. • 4 ADDITIONAL INSURED CLAUSE: • Except as to Workers Compensation & Employers Liabilit and Professional Liability when P pY ( Y applicable), said Certificates of Insurance shall clearly state that the coverages required by this Contract have been endorsed to include a CG 2026 Additional Insured - Designated Person or Organization, or similar endorsement, in favor of the CITY with the following clause: OTHER LIN'SURANCE CONDITIONS: All insurance must be acceptable to and approved by CITY as to types of coverage, forms,and acceptability of the insurers, who must be authorized and licensed to conduct business under the insurance laws of the State of Florida. The requirements contained herein as to types and limits, as well as CITY'S approval of insurance coverage to be maintained by CONTRACTOR are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONTRACTOR under the Contract. CONTRACTOR shall deliver to CITY Certificates of Insurance, evidencing that such policies are in full force and effect prior to the final approval of this Contract. Furthermore, said Certificates of Insurance shall unequivocally provide thirty (30) days written notice to CITY prior to any adverse change, cancellation, or non-renewal of coverage thereunder. • t insure al tors 1 with It shall be the responsibility of the CONTRACTOR othat 1 subcontractors comply the same insurance requirements referenced above. ARTICLE 11 - INDEMNIFICATION The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any and all claims, liability, losses, and/or cause of action which may arise from any negligent act or omission of the CONTRACTOR, its agents, servants, or employees in the performance of services under this Contract. The CONTRACTOR further agrees to indemnify, save harmless and defend the CITY, its agents, servants and employees from and against any claim, demand or cause of action whatsoever kind or nature arising out of any conduct or misconduct of the CONTRACTOR not included in the paragraph above and for which the CITY, its agents, servants or employees are alleged to be liable. ARTICLE 12 - SUCCESSORS AND ASSIGNS The CITY and the CONTRACTOR each binds itself and its partners, successors, executors, • 5 administrators and assigns to the other party of this Contract and to the partners, successors, • executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the CITY nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other, except that CONTRACTOR may assign its right to receive payment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CITY which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONTRACTOR. ARTICLE 13 - REMEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the contract will be held in Broward County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 14 - CONFLICT OF INTEREST The CONTRACTOR represents that it presently has no interest and shall acquire no interest, • either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in Florida Statute 112.311. The CONTRACTOR further represents that no person having any interest shall be employed for said performance. The CONTRACTOR shall promptly notify the CITY'S representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the CONTRACTOR'S judgement or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONTRACTOR may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the CONTRACTOR. The CITY agrees to notify the CONTRACTOR of its opinion by certified mail within thirty (30) days of receipt of notification by the CONTRACTOR. If, in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONTRACTOR, the CITY shall so state in the notification and the CONTRACTOR shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the CONTRACTOR under the terms of this Contract. ® 6 ARTICLE 15 - EXCUSABLE DELAYS • The CONTRACTOR shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractor and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONTRACTOR'S request, the CITY shall consider the facts and extent of any failure to perform the work and, if the CONTRACTOR'S failure to perform was without it or its subcontractors fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the CITY'S rights to change, terminate, or stop any or all of the work at any time. ARTICLE 16 -ARREARS The CONTRACTOR shall not pledge the CITY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgement, lien, or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. ARTICLE 17 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS tThe CONTRACTOR shall deliver to the CITY'S representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the CITY under this Contract. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONTRACTOR and will not be disclosed to any other party, directly or indirectly, without the CITY'S prior written consent unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Contract for or at the CITY'S expense shall be and remain the CITY'S property and may be reproduced and reused at the discretion of the CITY. The CITY and the CONTRACTOR shall comply with the provisions of Chapters 119 and 286, Florida Statute, popularly known as the "Public Records Law" and the "Government in the Sunshine Law"respectively. All covenants, Contracts, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. ARTICLE 18 - INDEPENDENT CONTRACTOR RELATIONSHIP The CONTRACTOR is, and shall be, in the performance of all work services and activities under this Contract, an Independent CONTRACTOR, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONTRACTOR'S relationship and the relationship of its employees to the CITY shall be that of an Independent CONTRACTOR and not as employees or agents of the CITY. The CONTRACTOR does not have the power or authority to bind the CITY in any promise, Contract or representation other than specifically provided for in this Contract. ARTICLE 19 - CONTINGENT FEES The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift , or any other consideration contingent upon or resulting from the . award or making of this Contract. ARTICLE 20-ACCESS AND AUDITS The CONTRACTOR shall maintain adequate records related to all charges, expenses, and costs .incurred in estimating and performing the work for at least three (3) years after completion of this Contract. The CITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONTRACTOR'S place of business. ARTICLE 21 -NONDISCRIMINATION The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 22 - AUTHORITY TO PRACTICE The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its • 8 business activities in a reputable manner. Proof of such licenses and approvals shall be submitted • to the CITY'S representative upon request. ARTICLE 23 - SEVER-4BILITY If any term or provision of this Contract or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 24 - ENTIRETY OF CONTRACT The CITY and the CONTRACTOR agree that this Contract sets forth the entire Contract between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 26 - Modifications of Work. ARTICLE 25 - PUBLIC ENTITY CRINIES As provided in F.S. §§ 287.132-133, by entering into this Contract or performing any work in • furtherance hereof, the CONTRACTOR certifies that it, its affiliates, suppliers, subcontractors and CONTRACTORS who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). ARTICLE 26- MODIFICATIONS OF WORK The CITY reserves the right to make changes in Scope of Services, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the CITY'S notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of any estimated change in the completion date, and (3) advise the CITY if the contemplated change shall effect the CONTRACTOR'S ability to meet the completion dates or schedules of this Contract. The parties agree to negotiate in good faith changes in the Scope of Services that may occur. If the CITY so instructs in writing, the CONTRACTOR shall suspend work on that portion of the Scope of Services affected by a contemplated change, pending the CITY'S decision to proceed with the change. • 9 If the CITY elects to make the change, the CITY shall initiate a Contract Amendment and the • CONTRACTOR shall not commence work on any such change until such written amendment is signed by the CONTRACTOR and approved and executed by the CITY'S Chief of Police and Purchasing Director. ARTICLE 27 - NOTICE All written notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the CITY', shall be mailed to: Marsha K. Peterson, Purchasing Director City of Sunrise 10770 W. Oakland Park Blvd. Sunrise, FL 33351 cc: Jeffrey D. Olson City Attorney City of Sunrise 10770 W. Oakland Park Blvd. Sunrise, FL 33351 and if sent to the CONTRACTOR, shall be mailed to: Carole S. Greenich Action Labor and Staffing Connection 900 Osceola Drive, Suite 222 West Palm Beach, FL 33409 THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY 10 • IN WITNESS WHEREOF, the Purchasing Director and the Chief of Police, authorized to execute same by City Commission, have made and executed this Contract on behalf of the CITY the day and year below written and CONTRACTOR has hereunto set its hand the day and year below written. CITY OF SUNRISE, A Florida Municipal corporation By: ��a" 6e, (J:lj JLF�� M rsha K. Peterson, Purchasing Director Dated this )-2--day of December, 2001. 'By: David T. Boyett, Chief of Police Dated this ,� /day of December, 2001. • Approved as to form and legal sufficiency Office of the City Attorney, Sunrise, Florida Jeffrey D. Olson, City Attorney 10700 W. Oakland Park Boulevard Sunrise, Flo ' as 33351 By: 47� 1 mberly A. egist r Witness: ACTION LABOR / G COTT TIO y: Signature nature Name (Print or type) Typed Name Title • 11 EXHIBIT "A" SCOPE OF SERVICES A. GENERAL The CONTRACTOR shall provide temporary personnel to serve as school crossing guards, on an as needed basis. The crossing guards must be certified in accordance with Florida Department of Transportation (FDOT) guidelines. The CITY has approximately 45 posts, which require school guards, mornings and afternoons. Currently, the bulk of these posts are manned by CITY personnel. B. PERSONNEL REQUIREMENTS All personnel provided under this Contract must have the following: 1. Knowledge and ability to perform trained methods of crossing streets and creating safe gaps in traffic in a safe manner. 2. Ability to assist school children in crossing the street while en route to and from • school. 3. Ability to understand and follow verbal and written instructions, including the ability to communicate well in the English language. 4. Ability to safeguard school children at intersections. 5. Ability to stand for the required shift. 6. A light color shirt with dark pants or shorts, which shall be worn at all times while on assignment to a post. C. CONTRACTOR REQUIREMENTS The CONTRACTOR shall: 1. Provide all necessary personnel. The City anticipates a minimum twelve (12) and no more than thirty-five (35) guards per school day, Monday through Friday, except school holidays and planning days. Personnel provided under this Contract shall be paid at the rate of$9.46 per hour. 2. Provide training by an FDOT certified crossing guard trainer(s) for all temporary personnel provided to the CITY under this Contract. • 12 3. Provide one (1) crossing guard supervisor per each day that school crossing guards as present. 4. Notify the CITY prior to start of any assigned post if personnel cannot be provided to a designated number provided by CITY. CONTRACTOR will strive to give as much advance notification as possible. 5. Maintain time records for all employees assigned under this Contract. D. CITY REQUIREMENTS The CITY shall provide the following: 1. Classroom space, if requested by the CONTRACTOR, in which to hold training required under this Contract. 2. Background checks on each prospective crossing guard. 3. Provide schedule to posts to be manned. 4. Provide the following equipment to each crossing guard provided by • CONTRACTOR under this Contract: • Retroreflective Stop Paddle • Fluorescent and retroreflective vest • Whistle • Raincoat • Ball cap • 13 Temp Reso #10713 May 11, 2005 Revision 1 — May 18, 2005 Revision 2 — May 19, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- CI l A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE SECOND RENEWAL OPTION OF THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA, LLC (AKA: STAFFING CONNECTION) PROVIDING FOR CROSSING GUARD SERVICES EFFECTIVE OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2007; AND AMENDING THE AGREEMENT TO APPROVE A RATE INCREASE FROM $7.98 PER HOUR TO $8.92 PER HOUR, EFFECTIVE MAY 2, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac requires School Crossing Guard Services to promote the safety and well being of children walking and bicycling to and from school; and WHEREAS, the City entered into an agreement with Action Labor of Florida LLC aka Staffing Connection executed on October 19, 2001, via Resolution No. R-2001-312, for a one year period with the option to renew for two (2) additional two(2)year periods, a copy of said Agreement is attached hereto as Exhibit "1"; and • Temp Reso #10713 May 11, 2005 Revision 1 — May 18, 2005 Revision 2 — May 19, 2005 Page 2 WHEREAS, Resolution No. R-2003-190 executed on August 27, 2003 approved the first two (2) year renewal option, effective October 1, 2003 through September 30, 2005, attached hereto as Exhibit "T, and WHEREAS, the State of Florida Constitution, Article'X"Miscellaneous", Section 24 "Florida Minimum Wage", effective May 2, 2005, a minimum wage is established in the State of Florida; and WHEREAS Action Labor of Florida LLC aka Staffing Connection has requested an increase in the hourly cost for each crossing guard to provide for compliance with the new Florida Minimum Wage requirements as shown in their correspondence of April 30, 2005, a copy of which is included herein as Exhibit "T'; and WHEREAS the current Agreement provides for price adjustments as a result of changes to the Minimum Wage; and WHEREAS, in order to comply with the requirement to pay the Florida Minimum Wage Section 5, Contract Sum, of the original agreement should be changed from$7.98 per hour to $8.92 per hour; and Temp Reso #10713 May 11, 2005 Revision 1 — May 18, 2005 Revision 2 — May 19, 2005 Page 3 WHEREAS, the current agreement between Action Labor of Florida, LLC (aka: Staffing Connection)and the City of Tamarac providing for school crossing guard services will expire on September 30, 2005; and WHEREAS, Action Labor of Florida LLC, (aka: Staffing Connection) has satisfactorily performed its contractual services for the City of Tamarac and has agreed to extend the term of the Agreement through September 30, 2007, via the Agreement Amendment between the City of Tamarac and Action Labor of Florida LLC aka Staffing Connection, attached hereto as Exhibit 'A"; and WHEREAS, funding is available in the General Fund for said purposes; and WHEREAS, the Director of Building and Code Compliance and the Purchasing and Contracts Manager recommend approval of the second two (2) two-year renewal option periods between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection) effective October 1, 2005 through September 30, 2007; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to exercise the first renewal option of the Agreement between the City of Tamarac and Action Labor of Florida, LLC (aka Staffing Connection) for school • crossing guard services effective October 1, 2005 through September 30, 2007; original Temp Reso #10713 May 11, 2005 Revision 1 — May 18, 2005 Revision 2 — May 19, 2005 Contract awarded by Resolution No. R-2001-312. Page 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS"clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the Agreement Amendment between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection)to approve amending Section 5 of the Agreement to adjust the rate increase from $7.98 per hour to $8.92 per hour beginning May 2, 2005 (attached hereto as Exhibit "4"). SECTION 3: The appropriate City Officials are hereby authorized to execute the Agreement Amendment between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection)for the second renewal of school crossing guard services for a period beginning October 1, 2005 and ending on September30, 2007(attached hereto as Exhibit "4"). SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso #10713 May 11, 2005 Revision 1 — May 18, 2005 Revision 2 — May 19, 2005 Page 5 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thisA5day of YY)O�.I , 2005. JO SCHREIBER Mayor ATTEST: ee.� C"CORD OF COMMISSION VOTE: CMC MAYOR SCHREIBER,�ilVIARION SWENSO , CITY CLERK DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4NT L S. GOREN M CITY ATTORNEY Temp Reso #10713 Exhibit #1 October 18, 2001 - Temp Reso#9579 1 Revision No. 1 - October 19, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO R-2001-312 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 02-038 ENTITLED "SCHOOL CROSSING GUARD SERVICES"AND ACCEPT AND EXECUTE A CONTRACT WITH ACTION LABOR OF FLORIDA, LLC (AKA STAFFING CONNECTION) FOR A ONE (1) YEAR PERIOD COMMENCING ON NOVEMBER 1, 2001 WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND • PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Tamarac, Florida requires School Crossing Guard Services to promote the safety and well being of children walking and bicycling to school; and WHEREAS, the City of Tamarac publicly advertised Bid No. 02-03B for School Crossing Guard Services in the Sun Sentinel on both September 23 and 30, 2001 (attached hereto as Exhibit"1"); and LWHEREAS, three (3) vendors were solicited and two (2) bids were opened and ed to determine cost and responsiveness to the City's specifications; and WHEREAS, Action Labor of Florida, LLC (aka Staffing Connection)submitted the responsive,responsible bid as per the copy of Bid No.02-03B and Bid tabulation as October 18, 2001 - Temp Reso#9579 2 Revision No. 1 — October 19, 2001 follows; and Action Labor of Florida, LLC $7.98/hour DSI Security Services, Inc. $12.08/hour WHEREAS, sufficient funds are available in the appropriate operating fund; and WHEREAS, it is the recommendation of the Director of Community Development and Purchasing/Contracts Manager to award Bid No. 02-03B entitled "School Crossing Guard Services"and accept and execute a Contract with Action Labor of Florida, LLC(aka Staffing Connection)for a one(1)year period commencing on November 1,2001 and with the option to renew for two (2) additional two (2) year periods; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to award Bid No. 02-03B entitled "School Crossing Guard Services" and accept and execute a Contract with Action Labor of Florida, LLC (aka Staffing Connection)for a one(1)year period commencing on November 1,2001 and with the option to renew for two (2) additional two(2) year periods. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: October 18, 2001 - Temp Reso#9579 3 Revision No. 1 - October 19, 2001 SEC--1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a speck part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to award Bid No.02-0313 entitled"School Crossing Guard Services"and accept and execute a Contract with Action Labor of Florida, LLC (aka Staffing Connection) for a one (1) year period commencing on November 1, 2001 and with the option to renew for two (2) additional two (2) year periods, a copy of said Contract (attached hereto as Exhibit"2"). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4; If any clause,section,other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. • October 18, 2001 - Temp Reso #9579 4 Revision No. 1 - October 19, 2001 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 24`^day of October, 2001. JOE SCHREIBER MAYOR ATTEST: . RECORD OF COMMISSION VOTE: MARION SW N ON, CMC CITY CLERK MAYOR SCHREIBER A,Xel DIST 1: COMM. PORTNER Ay& DIST 2: COMM. MISHKIN Aver I HEREBY CERTIFY that I DIST 3: V/M SULTANOF & have approved this DIST 4: COMM. ROBERTS Aver 0 UTION as to fo—jfir I CHEL . KRA CITY ATTORNE commdev\u:\pats\userd2ta\wppd ateVes\9579 A EXHIBIT T �F TA TEMP RESO #9579 eQRQ: o City of Tamarac Finance Department,Purchasing Division 7525 N.W.88th Avenue,Tamarac,Florida 33321-2401 Telephone:(954)724-2450 Facsimile(954)724-2408 Website:www.tomarac.org INVITATION TO BID BID NO. 02-03B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida,will be received in the Purchasing Office,7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Wednesday, October 10, 2001, 2001 at 2:00 PM, at which time bids will be publicly opened and announced for: SCHOOL CROSSING GUARD SERVICES All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide school crossing guard services, as per the conditions and specifications contained in this document. One (1) original and two (2) copies of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive.The submittal shall be plainly marked"Bid No.02-03B,SCHOOL CROSSING GUARD SERVICES opening on Wednesday, October 10, 2001 at 2:00 PM" on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non-technical inquiries, contact the Purchasing Office at (954) 724-2450. 4Ln CP 0 Purchasing and C tracts Manager z Equal opportunity Employer • • TABLE OF CONTENTS BID NO. 02-03B INVITATIONTO BID..................................................... ..........................................................2 INSTRUCTIONS TO BIDDERS............................ 3 GENERAL TERMS AND CONDITIONS ......................... .........................................................3 1. SUBMISSION OF THE BID: 3 2. BONDING.................................................................................................................4 3. WITHDRAWAL OF BID............................................................................................4 4. PUBLIC ENTITY CRIMES STATEMENT.....................,............................................4 5. NON-COLLUSIVE AFFIDAVIT.................................................................................4 6. QUANTITIES............................................................................................................4 7. PRICES, PAYMENTS AND DISCOUNTS.................................................................4 8. DELIVERY................................................................................................................5 9. BRAND NAMES .......................................................................................................5 10, SAMPLES AND DEMONSTRATIONS......................................................................5 11. CONDITIONS OF MATERIALS................................................................................5 12. COPYRIGHTS OR PATENT RIGHTS ............................ ..........................................5 13. SAFETY STANDARDS.............................................................................................5 14. PERFORMANCE.............................................. • 15. DEFAULT.......................•...............................................,.........................................6 16. TERMINATION FOR CONVENIENCE OF CITY.......................................................6 17. ASSIGNMENT...............•.............•............•..................,............................................6 18. EMPLOYEES............................................................................................................6 19. TAXES......................................................................................................................6 20. BID PREPARATION EXPENSE................................................................................7 21. OMISSION OF DETAILS..........................................................................................7 22. INSURANCE REQUIREMENTS...................................................:...........................7 23. INDEMNIFICATION.............................................. ................................,,:...... .,......8 24. CLARIFICATION TO TERMS AND CONDITIONS....................................................8 25. BID TABULATION....................................................................................................9 26. RECORDS/AUDITS..................................................................................................9 TECHNICAL SPECIFICATIONS...............:.............................................................................10 ATTACHMENT'A"Bid Form................................................................:.................................15 ATTACHMENT"B"Non-Collusive Affidavit.............................................................................22 ATTACHMENT"C"Certification.................•....•.........,.......•.....................,...............................24 ATTACHMENT"D'Bidder's Qualification Statement......................•.......................................25 ATTACHMENT"E"References........ ....................................................................................26 ATTACHMENT"F"Vendor Drug-Free Workplace ..................................................................27 • INSTRUCTIONS TO BIDDERS BID NO, 02-03B It i$the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals.As such the words"bid"and"proposal"are used interchangeably in reference to all offers submitted by prospective bidders. I. SUBMISSION OF THE BID: The Bidder is directed to deliver sealed bids to the City's Purchasing Office, City of Tamarac,7525 N.W.88th Avenue,Tamarac, Florida 33321,on Wednesday,October 10, 2001, no later than 2.00 PM.At this time the bids will be opened,the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend.The Bidder must show the bid number,bid name,time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the City Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified the Bidder must use the bid form furnished in the bid packet, Bidders are required to state exactly what they intend to furnish to the City via this Solicitation and must indicate any variances to the terms,conditions and specifications of this bid,no matter how slight. If variations are not stated in the bid, it shall be construed that the Bidder's bid fully complies with all conditions identified in this bid. The Bidder shall submit one (1) original and two (2) copies (blue forms only) of the bid. The ORIGINAL bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature.All quotations must be typewritten or filled in with pen and ink. Bids having erasures or corrections must be initialed in ink by the Bidder.All prices,terms and conditions quoted in the submitted bid will be firm for acceptance for sixty days from the date of the bid opening unless otherwise stated by the City. 3 i • 2. BONDING Not applicable for this bid. 3. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the City Purchasing Office. 4. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 5. NON-COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non-Collusive Form and shall submit the form with the Proposal. CITY considers the failure of the Contractor to submit this document to be a • major irregularity and may be cause for rejection of the Proposal. 6. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 7. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions.Payment will be made only after receipt and acceptance of materials/services. Cash discounts may ! be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered,the Bidder shall enter zero(0)for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product,whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 4 8. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price.All exceptions shall be noted. Failure to do so may be cause for rejection of the bid.The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 9. r BRAND NAMES i Manufacturers'name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. 10. SAMPLES AND DEMONSTRATIONS When requested, samples are to be fumished free of charge to the City. if a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract.All demonstrations will be done at the expense of the Bidder. i 11. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 12. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 13. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conforms with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. 14. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. The City 5 • may, by written notice to the Bidder,terminate the contract for failure to perform.The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 16. DEFAULT In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 16. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy,terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY.Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience,the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub-contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub-contracts except as they may be necessary,and • complete any continued portions of the work. 17. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 18. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City.The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable.Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 19. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. • 6 i 20. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this bid shall bear all expenses p associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 21.., OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. f 22, INSURANCE REQUIREMENTS IBidder agrees to, in the performance of work and services und er this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this i Agreement. Bidder shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Line of Business/ Coverage Occurrence LimitsAggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Liability Statutory 7 • The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida.Policies shall be"Occurrence"form. Each carrierwill give the City sixty (60)days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self-insured retentions.The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self-insured retention. If the Bidder is to provide professional services under this Agreement,the Bidder must provide the City with evidence of Professional Liability insurance with,at a minimum, a limit of$1,000,000 per occurrence and in the aggregate. "Claims-Made" forms are acceptable for Professional Liability insurance. 23, INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims,suits,actions,damages,liability, and expenses (including attorneys'fees)in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors,agents,officers, employees or independent contractors,excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 24. CLARIFICATION TO TERMS AND CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents.Any inquires,suggestions,request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The City shall not be responsible for oral interpretations given by any City employee or its representative. • 8 i 25. BID TABULATION Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid, or by requesting a tabulation be sent to their fax machine. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1)and s. 24(a),Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to S. 120.57(3)(a) or within 10 days after bid or proposal opening, whichever is earlier. 26. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books,reports and records in'accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor,during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one(1) year beyond the last day or the contract term. r • 11 I 9 TECHNICAL SPECIFICATIONS BID No 02-03B SCHOOL CROSSING GUARD SERVICES 1. PURPOSE OF BID:To establish a contract for the provision of School Crossing Guard Service as and when needed. The company awarded this contract will be responsible for providing crossing guards at locations specified by the City, shall be completely responsible for the supervision of such personnel in accordance with contract specifications, terms and conditions, and shall exercise exclusive control over persons employed to fulfill these contract requirements. To obtain School Crossing Guard Services for an initial period from approximately November 1, 2001 through September 30, 2003. The City reserves the right to renew this agreement for two (2) additional two (2) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period. The City of Tamarac also reserves the right to.terminate this Agreement for any reason or no reason. 2. REQUIREMENTS: Bidders must satisfy the following minimum requirements to be considered responsive. A. SCHEDULING It is expected that twenty (20) school crossing guards will be required for each school day. However, this is an estimate and the Housing and Code Enforcement Manager will keep the Contractor informed as to the exact number of school crossing guards that will be required at any one time. The Contractor shall be required to provide coverage at the twelve school crossings, located within the City limits. (See Page 13 for list of locations) The Contractor shall be flexible and provide guards for the hours and locations needed on the instructions of appropriate City personnel. A minimum of three (3) hours (which will vary slightly with each school) coverage daily at each school will be scheduled as.follows: See attached schedule on page 13 B. TRAINING AND CERTIFICATION It shall be the responsibility of the Contractor to ensure that all guards Y receive proper training and certification prior to occupying their posts. Certification of all guards must be recognized by the State of Florida 10 Department of Transportation. In addition, the Contractor must be able to comply with Section 234.302, Florida Statutes, the 'Ramon Turnquest School Crossing Guard Act", by having crossing guard trainers, certified by the Florida Department of Transportation, ensure that all persons employed as crossing guards receive proper training and certification as required by law. The City of Tamarac shall not be liable for any costs incurred to meet the above requirements. Any required additional training throughout the year will be the sole responsibility of the Contractor. Proof of certification shall be required for each crossing guard prior to the beginning of each school year. The Contractor shall provide proof that all crossing guards have successfully passed a criminal background check. C. DAILY FIELD SUPERVISION The Contractor shall provide an experienced field supervisor(s) overseeing the operations at all times the guards are on duty. It will be the responsibility of the field supervisor(s) to ensure that all crossings are properly staffed at all times such staffing is required by the City. D. GUARD BACK UP The Contractor shall provide each working guard with the name and telephone number of a back-up in case the working guard cannot be at their assigned post. The Contractor shall ensure that the back-up guard is fully trained and familiar with the specific crossing location. E. TWENTY-FOUR (24) HOUR ANSWERING SERVICE The Contractor shall provide for his employees a 24-hour answering service. During non-working hours when the field supervision is not on f duty a working guard shall, in the event that he cannot be at his assigned post, first contact his back-up and then contact the service. This service will then contact the Contractor who will in turn confirm that the back-up guard will be on duty at his assigned crossing. F. EQUIPMENT Mas The City shall provide the Contractor with the following equipment: A hand-held stop sign for each of the guards. Contractor shall provide any ' 11 • other protective wear that is required. All equipment shall be returned to the City upon termination of the agreement, in the same condition as it was when originally provided, excluding normal wear and tear. Any required replacement of lost or damaged equipment shall be the responsibility of the Contractor. The Contractor shall provide all other equipment that may be required. G. SCHOOL YEAR SCHEDULE The school year begins in late August and will run until approximately the middle of June, with appropriate holidays and teacher work days that do not require coverage. In addition to the regular school year, summer school at all schools usually begins around the first of July and lasts for approximately six (6)weeks. The City will inform the Contractor of the specific dates when they are made available. H. DAILY TIME SHEETS A daily time sheet will be maintained by the Contractor with the signature of the employee on each work shift and the location of their guard post.This log will be delivered by the Contractor weekly to the Code Enforcement Manager. 3. Cost Adjustment Bidders must include the impact of current and proposed Federal Minimum Wage increases in their bid price. No price increase for the initial contract period will be accepted unless due to Federal Minimum Wage changes. Costs for any renewal term are subject to an adjustment only if an increase or decrease occurs throughout the local industry. The City will use changes in the Federal Minimum Wage and the Consumer Price Index (CPI) (United States All Urban Consumers), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, and documented payroll figures provided by the Contractor in any adjustment review. Such adjustment, if approved, may not exceed 5%. Any increase or decrease must be documented and submitted in writing to the City at least one hundred twenty(120)days prior to the contract anniversary date. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented or are considered by the City to be excessive. In the event that the City determines that the costs as submitted are not properly documented or are excessive, and the matter cannot be resolved to the satisfaction of the City,the contract will not be renewed for the additional optional renewal period(s). 12 SCHOOL CROSSING GUARD LOCATIONS AND TIMES Schools Guard Locations Times Pinewood Elementary Bailey Road/NW 81 Avenue 7:00 AM -8:00 AM & 2:00 PM-3.00 PM Tamarac Elementary NW 75 Street/NW 80 Avenue 8:00 AM - 9:00 AM & 3:00 PM-4:00 PM NW 76 StreeUNW 75 Avenue 8:00 AM-9:00 AM & 3:00 PM -4:00 PM NW 77 Street/NW 75 Avenue 8:00 AM-9:00 AM & 3:00 PM-4:00 PM NW 77 Street/Pine Island Road 8:00 AM -9:00 AM & - 3:00 PM -4:00 PM NW 78 StreeUNW 78 Avenue 8:00 AM -9:00 AM & 3:00PM -4:OOPM NW 79 Street/NW 75 Avenue 8:00 AM - 9:00 AM & 3:00 PM -4:00 PM NW 79 Street/NW 70 Avenue 8:00 AM -9:00 AM & 3:00 PM-4:00 PM NW 82 StreeUNW 74 Terrace 8:00 AM -9:00 AM & 3:00 PM -4:00 PM 4 Lagos DeCampos Blvd./McNab Rd. 8:00 AM -9:00 AM & 3:00 PM-4,00 PM 2 guards required 7601 N. University Drive/Overpass 8:00 AM -9:00 AM & • 3:00 PM-4:00 PM WESTPINE MIDDLE SCHOOL i Pine Island/Commercial Blvd. 8:00-AM -9:00 AM & 3:00 PM-4:00 PM ELEMENTARY SCHOOL F-91 (August 2001) Pine Island/Commercial Blvd. 8:00 AM -9:00 AM& 6700 NW 94 Avenue 3:00 PM -4:00 PM 3 guards required McNab Road/Nob Hill Road 8:00 AM-9:00 AM & 3'00 PM -4:00 PM 2 guards required NW 94 Avenue/Commercial Blvd, 8:00 AM -9:00 AM & 3:00 PM -4:00 PM LELEMENTARY SCHOOL "X" (January 2002) State Road 7/Commercial 8:00 AM -9:00 AM& 3925 N. SR7, Laud. Lakes 3:00 PM -4:00 PM 13 • COMPANY NAME: (Please Print): Phone: Fax: NOTICE Bid 02-03B School Crossing Guard Services BEFORE SUBMITTING YOUR BID MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and Technical Specifications and then properly fill out the BID FORMS (Attachment"A"). ❑ 2. Fill out and sign the NON-COLLUSIVE AFFIDAVIT (Attachment "B") and have it properly notarized. ❑ 3. Sign the CERTIFICATION page (Attachment "C"). Failure to do so will result in your Bid being deemed non-responsive. ❑ 4. Fill out the BIDDERS QUALIFICATION STATEMENT(Attachment "D"). ❑ 5_ Fill out the REFERENCES page (Attachment "E"). ❑ 6. Sign the VENDOR DRUG-FREE WORKPLACE FORM (Attachment "F") ❑ 7. Include Proof of Insurance. F18. Carefully read the AGREEMENT. ❑ 9. Submit ONE(1)Original and TWO(2)Photocopies of your bid,clearly marked with the BID NUMBER and BID NAME on the outside of the package. ❑ 10. Make sure your bid is submitted PRIOR to the deadline.Late bids will not be accepted. Failure to provide the requested attachments may result In your bid being deemed non-responsive. THIS PAGE AND THE FOLLOWING COLORED PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 14 ATTACHMENT "A" BID FORM BID NO. 02-03B School Crossina Guard Services Submitted by: (Bidder) (Date) THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88t Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty(60)days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the z t City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents,locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 15 • ATTACHMENT "A" BID FORM (continued) BID NO. 02-03B School Crossing Guard Services To: The Purchasing and Contracts Manager of the City of Tamarac: We propose to furnish the following in conformity with the specifications and at the following bid prices. The bid prices quoted have been checked and certified to be correct. Description price Hourly charge per each guard $ /hr. Successful bidder must secure the required Worker's Compensation insurance coverage, and the required Liability insurance coverage with the City of Tamarac named as an additional insured, and provide proof of this insurance Answer the following questions (use attachments if necessary): Has your company provided Crossing Guard contract services in the past? NO YES If"no", explain fully in an attachment why you consider your company qualified to perform this service for the City of Tamarac. If"yes", please list current and prior crossing guard contract information below: 1. Description of services rendered: During the months)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: 16 2. Description of services rendered. During the months)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: 3. Description of services rendered: During the months)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30)days of delivery. Return of rejection will be at the expense of the bidder. Company Name Authorized Signature Address Typed/Printed Name City, State, ZIP Telephone & Fax Number Contractor's License Number Federal Tax ID# 17 ATTACHMENT"A" BID FORM (continued) I BID 02-03B School Crossing Guard Services Bidders Name: NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non-responsive and ineligible for award. TERMS: % DAYS: Delivery/completion: calendar days after receipt of Purchase Order NOTE: To be considered eligible for award,one(1)ORIGINAL and two(2)copies of this Bid Form must be submitted with the Bid. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: j Please Indicate reason(s) why a Bid is not being submitted at this time. Return the • Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 18 • ATTACHMENT "A" BID FORM (continued) BID 02-03B School Crossing Guard Services The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Company Name Authorized Signature Address Typed/Printed Name City, State, ZIP Telephone & Fax Number Contractor's License Number Federal Tax ID# 19 • • ATTACHMENT"A" BID FORM (continued) BID 02-03B School Crossi,na Guard Services Bidders Name: TERMS: % DAYS: Delivery/completion: calendar days after receipt of Purchase Order To be considered eligible for award, one(1)original and two(2)copies of this bid form MUST be submitted with the Bid. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non-responsive and ineligible for award. IF"NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor . listing. I zo ATTACHMENT"A" BID FORM (continued) BID 02-03B School Crossing Guard Services Bidder's Name: Variations: The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below; provided, however,that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non-responsive and ineligible for award: Section Variance Section Variance Section Variance Section Variance Attach additional sheets if necessary. =s 21 i ATTACHMENT "B" Bid 02-03B School Crossing Guard Services NON-COLLUSIVE AFFIDAVIT State of ) )ss. County of ) being first duly sworn,deposes and says that.- 1. He/she is the ,(Owner,Partner,Officer, Representative or Agent)of the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives,employees or parties in interest, including this affiant,have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror,or to fix any overhead, profit,or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against(Recipient),or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By Witness Witness Printed Name Title • 22 ATTACHMENT"B" NON-COLLUSIVE AFFIDAVIT continued ACKNOWLEDGMENT State of Florida County of On this the day of , 2001, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s)who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC ,lL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 23 ATTACHMENT"C" Bid 02-03B School Crossing Guard Services CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ If"Other", Explain: Typed) Authorized Signature Name (Printed Or yp ) Title Federal Employer I.D./Social Security No. Company Name Address City/State/Zip Telephone Fax Number Contact Person 24 ATTACHMENT"D" Bid 02-03B School Crossing Guard Services BIDDERS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Address City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present name? Years 2. If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). A. Are you Certified? Yes ❑ No[] if Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License 6. Has your company or you personally ever declared bankruptcy? Yes ❑ No [] If Yes, explain: 7. Are you a Sales Representative❑ Distributor❑ Broker❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes [] No ❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No❑ If yes, explain: 25 ATTACHMENT"E" Bid 02-03B School Crossing Guard Services REFERENCES Plepse list name of government agency or private firm(s) with whom you have done business within the past five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 26 ATTACHMENT"F" Bid 02-03B School Crossing Guard Services VENDOR DRUG-FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows. IDENTICAL TIE BIDS-Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for Y violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, • rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, x, certify that this form complies fully with the above requirements. Authorized Signature Company Name 27 • EXHIBIT 11211 TEMP RESO #9579 AGREEMENT BETWEEN THE CITY OF TAMARAC AND F' ACTION LABOR OF FLORIDA, LLC (A.K.A. STAFFING CONNECTION) THIS AGREEMENT is made and entered into this day of , 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the"CITY") and Action Labor of Florida, LLC (A.K.A. Staffing Connection), a Nevada corporation with principal offices located at goo Osceola Drive, Suite 222, West Palm Beach, FL 33409 (the "Contractor") to provide for school crossing guard services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor,materials,and equipment necessary to perform school crossing guard services pursuant to Bid No.02-03B"School Crossing Guard Services". b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations In the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 1 c All equipment must be stored in a safe manner when not in operation. The City shall q P tY not be responsible for damage to any equipmentor personal injuries caused by the Contractor's failure to safely store equipment. d) Contractor shall comply with any and all Federal,State,and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The term of this Agreement shall be for an initial period beginning on date of execution through September 30, 2003. The City reserves the right to renew this agreement for two (2) additional two (2) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period. 5) Contract Sum The Contract Sum for the above work is $7.98 per hour per school crossing guard. 2 6) Payments Contractor shall perform the services described in Paragraph 2 and upon satisfactory performance of said services and City's acceptance of an itemized invoice, the City shall pay Contractor as specified in Paragraph 5. Payment shall be made within thirty(30)days after the City's receipt and approval of Contractor's statement of services and costs,' prepared in such form and detail as the City may specify.Consultant shall not incur costs for performance of services under this Agreement in excess of said amount without the prior written authorization of the City Manager or designee. 7) Indemnification The Contractor shall indemnify and hold harmless the City,its elected and appointed officials, employees,and agents from any and all claims,suits,actions,damages, liability, and expenses (including attorneys'fees) in connection with loss of life, bodily or personal Injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers,employees, agents,subcontractors,or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or Its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8) Non-Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, jand to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee 3 • benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 10)Assignment and Subcontracting Contractor shall not transferor assign the performance required by this Agreement without the prior consent of the City.This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice,sent by registered United States mail, with return receipt requested, addressed to the party for whom it Is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. • CONTRACTOR Karen Hoover, President Action Labor of Florida, LLC A.K.A. Staffing Connection 900 Osceola Drive, Suite 222 West Palm Beach, Florida 33409 12)Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 4 i • Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13)Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 14)Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed In Broward County, Florida. 15) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. • 16) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 17) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 5 r IN WITNESS WHEREOF,the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC,through its Mayor and Action Labor of Florida, LLC (A.K.A. Staffing Connection), signing by and through its President, duly authorized to execute same. CITY OF TAMARAC Joe Schreiber, Mayor Date: ATTEST: Jeffrey L. Miller, City Manager Marion Swenson, CIVIC Date: City Clerk Date: Approved as to form and legal Sufficiency: Mitchell S. Kraft, City Attorney ATTEST: ACTION LAB OF FLORIDA, PLC (A.K.A. ST FING CO NECTION) (Corp rate Secretary (Name of President) �T2 t y J Type/Print Name of Corporate Secy. Type/Print Name of President (CORPORATE SEAL) Date: 6 CORPORATE ACKNOWLEDGEMENT STATE OF Fro e.,,- COUNTY OF _eALt4 at-acu y The foregoing instrument was acknowledged before me this�day of 20o k by A&F-M µo o.,� (name of officer or agent, title of officer or agent) of A &ysco LAr-, nb roa .LI,&,.{name of corporation acknowledging), a 0eyA tsa,- (state or place of incorporation) corporation, on behalf of the corporation.SHe i ersonally nown to me (type of identification)as identification and did(did not) take an oath. -ate Signature of otary Public-State of Florida Print, Type or Stamp Name of Notary Public cQ��S6IOJV f � 7 Oct 17 .04 04:47p ACTION LHOUR Oblbujiieb2 p, 4 OCT-17-2001 WED 11:06 An HOBBS GROUP LLC FAX NO, 7702480841 . P, 02 Cliend ACT :Acag CERTIFICATE OF. LIABILITY INSURANCE PRODuceR THIS CERTIFICATE IS ISSUED AS A MATTER OF IMAIJ ITION obbr. Group, LLC ONLY AND CONFERS NO RIGHTS .UPON THE CERTIFICATE 585 Engineering Drive H ALTER THEH'COVERRAGE AFFORDD D GY.TME��165TIEND OR W-LLM, Suite 300 Norcross, GA 30092 INSURERS AFFORDINGCOVERAQE INSURCD ';,NcUnrRA:Lexingion Insurance Company Action Labor of Florida, LLC INsuReR eXemper 900 Osceola Drive INiuNEAC: suite 222 wwNCAo: West Palm Beach, FL 33409 I,NtNRCR C COVERAGES THE POLICIES OP PUUAANCE LISTED 86LOW ►IAYE BEEN ISSUED TO 1HE WSufED NAMED ABOVE FOR TM POLICY PERIOD INDICATCIO. NOTWITHSTAHOM ANY REOUTACMEM. TERM OR CONDITION OF ANY CONTRACT OR DTMER DOCUMENT WRM REBPlcT TO WHICH TH16 CERTIFICATE MAY BE IOSUEO OR MAY PERTAIN, THE INIIURANGe APPORDEO BY THE FOLIC166 OESCAOEO HEREIN 19 SUBJECT TO ALL Ins TERMS,FXGj 61ONIS AND CONDITIONS op Such POLICIES.AOOREDATE LMITI MOWN MAY HAVE BEEN REDUCED BY PAID CLAMS TYPT:OF INSURANCR POLICTNvuld" p'�lEv Err. OTTVE TID - LI►Q7 A DEN6RALLaRjUTT 1078971 04/01/01 O1/01/02 EACMOCCURRtNCE S1,000,000 X ICOMAMACIALGEMEFIAL L MILITT F RE DA1pAGQ IAAY Ohl IV t IS 0, 0 0 0 CLAIMS MAOCI XI OCCUR •MCOCAI(7 OM OSItpA( T, IERSOriAIY►DvINJuni 31, 0001 000 1 OC NCRK AOO REOATE Ill , 000,000 �CtNtAaDReOATtu+utAPPLIItptP: PRovvore COuwIOPAQO tl,000,000 POIICr PRO g :AUTo►109)Le uA9IUTY F5RD06334 D0 09/O1 01 ;04/01/02 COMA INeQ STNOL G L WAIT X ANY AUrO (ea•a,o,M) it, 000, 000 ALL DwNEDA"' OODR Y INJURY 9 SCME O UL C 0 AVT OS p-0���°^I PiAF 0 AVl OS DOOR.Y INjUAY NON.OWNe0 AUTOS I (PM su[IOTM) l t fl 1 I FROFCRTY DA)MADE •t 1 (PI,KCItltAII GARAGE►IAOIUTT AUTO ONLY-EAACCIOE S • ANYAUTO I OTHER THAN eAADC ! AUTO ONLY: AGO 'S CACC33 LIA011LITY EACH OCGVRRENCE I OCCUR I Cl AIM7 MAO AOORl DATE S , 7 . Df OUCTIALS A RETENTION 1 f 6 WOA9E113COA1►fNSATIONAND .5SRO0302100 01/01/01 .01/01/02 X TcnYTIw.G�; °�p' EMPLOYI:RVUAEILRY E.L.EACH 4CCIDCAI7 t1, 000,000 e.L.vlxAeE-EAEMPIDYe tl,00 0,000 E.L. IIICASE-POLICY LIMI tl 000,000 -OTHER , OE SCA IP'110N Of OPC A ATIONpL00A T1ON S/VEHICLi S/19C LU 0WN N A DDC D I I EA DORSENE NTI>IPEC UL PAOVt$"8 workera Compensation includee the Alternate Employer Endoraement . CEATIFICATE HOLDER 1 D MiLaE-ALC CJIIICE LATION 5HOUW ANY OF TIQ(AOOVI DFRipOE DrOu01ES OE CANO[LIAO Wow THE awmmN City of Tamarac OATVTHEAEOP,THi161VW4 INSURER WILL&%OEAYOATOAtML30 0AYSWVn1N Attn: Steve Beanadefer AIOTILIETOTHE CEMrWALHOLO"MAMEDTOTOGULT,BVTFIUWIe YODOMOWALL 7525 NW 88th Avenue MTPOS WORLMLATIONOALIANILIn OFANTNI OVPTO THEIw A.MeNTSOA ort Lauderdale, FL 33321-2401 RePIIE"PITAiTWO6. 444, AUTHORIZED REPRi OSNTpTYE ACOAD2S.s(TJ*7)1 of 2 4158303 SML 9 ACORD CORPORATION IOU • I CERTIFIED RESOLUTION l� (Name), the duly elected Secretary of • (Corporate Title), a corporation organized and existing under 0 the laws of the State of , , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation, "IT IS HEREBY RESOLVED THAT hQ0,)-rz (Name)", the duly elected - P Qr«n s-c .,,_. . , (Title of Officer) of •AsX^ , e Q o;� ttootm I- (Corporates Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those • persons authorized to act by the foregoing resolution. NAME TITLE GNATURE Pee `+ Given under rriy hand and the Seal of the said corporation thi day of 20 0�_. ISEAL) By: a Secretary >> Corporate Title ve is a suggested form of the type of Corporate Resolution desired. Such '',,j�•�' •.fin}r`ieed not be followed explicitly, but the Certified Resolution submitt n ad must ciebr)y show to the satisfaction of the City of Tamarac that the person signing the and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 4 • i CITY OF TAMARAC J FINANCE DEPARTMENT, PURCHASING DIVISION 7525 N.W. 88"i AVENUE, TAMARAC, FLORIDA 33321 LYNDA S. FLURRY, CPPO Dear Ms. Flurry: Thank you for the opportunity to bid on your services. Currently we are with Oasis Staffing which does your Czossing Guards. As of this bid process, we will be moving to ACTION LABOR/STAFFING CONNECTION since Oasis Staffing will no longer be doing CrossingGuards. We want you to be aware that Federal Express did not deliver . the original bid form to our office and it has been tracked to another area. We have included-all copies from the original Bid form until such time when our package is found today and • delivered to us. Any questions please contact Carole Greenich, Crossing Guard Division Manager at 954-315-2100. Thank you for your consideration. Sincerely, CAROLE S. GREENICH MANAGER • COMPANY NAME: (Please Print): JO&O F(cQi� Qsl^ aIb'-blob Phone: stfll -6Sc3- t2t I Fax: NOTICE Bid 02-03B School Crossing Guard Services BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... Y, Carefully read the General Terms & Conditions, Special Conditions and Technical Specifications and then properly fill out the BID FORMS (Attachment"A"). E6. Fill out and sign the NON-COLLUSIVE AFFIDAVIT(Attachment "B") and have it properly notarized. �. Sign the CERTIFICATION page (Attachment "C"). Failure to do so will result in your Bid being deemed non-responsive. [�4. Fill out the BIDDERS QUALIFICATION STATEMENT(Attachment"D"). Qk:�5. Fill out the REFERENCES page (Attachment "E"). [Z6. Sign the VENDOR DRUG-FREE WORKPLACE FORM (Attachment"F") [X7. include Proof of Insurance. 16- Carefully read the AGREEMENT. U y. Submit ONE(1)Original and TWO(2)Photocopies of your bid, clearly marked with the BID NUMBER and BID NAME on the outside of the package. J10. Make sure your bid Is submitted PRIOR to the deadline.Late bids will not be accepted. ;r Failure to provide the requested attachments may result in your bid being deemed non-responsive. THIS PAGE AND THE FOLLOWING COLORED PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 14 ATTACHMENT"A" BID FORM BID NO. 02.03E School Crossing Guard Services Submitted by: Action Labor of Florida, LLC (Bidder) 16/09/01 (Date) A.K.A. Staffing Connection THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88`"Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty(60)days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations • that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly 11 induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 15 • ATTACHMENT"A" BID FORM (continued) BID NO. 02-03B School Crossing Guard Services To: The Purchasing and Contracts Manager of the City of Tamarac: We propose to furnish the following in conformity with the specifications and at the following bid prices. The bid prices quoted have been checked and certified to be correct. Description Price Hourly char a per each guard $ -7. q& /hr. Successful bidder must secure the required Worker's Compensation insurance coverage, and the required Liability insurance coverage with the City of Tamarac named as an additional insured, and provide proof of this insurance Answer the following questions (use attachments if necessary): Has your company provided Crossing Guard contract services in the past? NO 4_ YES , g1Le, If"no", explain fully in an attachment why you consider your company qualified to perform this service for the City of Tamarac. If"yes", please list current and prior crossing guard contract information below: P t *—I 9t 11—caAa-0 1 1���-o f 1. Description of services rendered: ICO i During the month s)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: 16 2. Description of services rendered: During the month(s)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: 3. Description of services rendered: During the month s)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package;.and also agrees th roducts and/or equipment to be delivered which fail to meet bid specifications wi rejected by the City within thirty(30) days of delivery. Return"of rejectiofrw' e a e x ense of the bidder. Action Labor 4 Florida, UZ_ Company Name A.K.A. staffing conne6tionAutho ized Sig tur6� 90_ 0 Osnpnla DrivPT gHtA 222 Address Typed/Printed Name Want palm anh, FT. _13409 561-683-1211;, fax" 683-3375 City, State, ZIP Telephone & Fax Number gBL491 !3 65-1038622 Contractor's License Number Federal Tax ID# 17 i • EXPLANATION AS TO WHY ACTION LABOR/STAFFING CONNECTION IS QUALIFIED TO PERFORM CROSSING GUARD SERVICES FOR THE CITY OF TAMARAC. ACTION LABOR/STAFFING CONNECTION is extremely qualified to do CROSSING GUARD SERVICES as they have the highly qualified team of CAROLE S. GRRENICH AND BARBARA DAMICO, who currently handle nine (9) city contracts throughout Broward and Lee County. Both CAROLE GRRENICH AND BARBARA DA.MICO are STATE CERTIFIED SCHOOL CROSSING GUARD TRAINERS since 1992 and are considered by many, to be the best knowledgeable outside contractors Of SCHOOL CROSSING GUARD SERVICES in the Broward Area. Their DEDICATION and COMMITMENT when dealing with human lives on a daily basis, is superior to none. ACTION LABOR/STAFFING CONNECTION has opened a separate division to handle SCHOOL CROSSING GUARD CONTRACTS. The very unique recruitment skills of the staff, has made it possible to staff each and every post with a CROSSING GUARD, avoiding open corners, where in a moments notice, a tragedy could occur. Accessibility to both CAROLE S. GRRENICH and BARBARA DAMICO was extremely • important, not only to the CROSSING GUARDS, but to the cities as well. All calls were answered quickly and whatever action needed to be taken, was done so swiftly. As a matter of record, CAROLE GRRENICH AND BARBARA DAMICO provide CROSSING GUARD SERVICES TO THE CITIES OF TAMARAC, POMPANO, LAUDERDALE LAKES, LAUDERHILL, COCONUT CREEK, OAKLAND PARK, NORTH LAUDERDALE AND LEE COUNTY SHERIFF'S DEPARTMENT. As of October 2001, this division is in negotiations with additional cities throughout Florida, for Crossing Guard Services. • ACTION LABOR/STAFFING CONNECTION was founded in 1986 by Ms. Karen Hoover in Gainesville, Florida, to provide reliable temporary labor for diverse industries. The company has steadily grown to over twenty offices, located throughout the Southeastern United States and Puerto Rico. Thousands of employees are successfully placed with our satisfied customers each month, making ACTION LABOR/STAFFING CONNECTION a major force in the temporary staffing industry. We are first in the field in Safety Training, providing Safety Incentive Bonuses and Exceptional Temporary Employee Benefits. ACTION LABOR/STAFFING CONNECTION has received many honors and awards, and has been featured in regional publications such as the SOUTH FLORIDA BUSINESS JOURNAL, FLORIDA TREND MAGAZINE AND WORKING WOMAN'S MAGAZINE. We actively participate in community organizations and charities,helping to promote fair and honest employment practices. ACTION LABOR/STAFFING CONNECTION is a proud member of the National Safety Council and the South Florida Construction Safety and Health Partnership (C.A.R.E.P.) We take full responsibility and a leadership I role in providing a sound Safety and Health Program, and for ensuring its effectiveness in maintaining safe working conditions. ACTION LABOR/STAFFING CONNECTION believes in the honor and dignity of a job well done, and we foster pride and purpose in our trusted employees, to the benefit of our valued customers. • i • REFERENCES FOR CAROLE GREENICH MANAGER AND BARBARA DAMICO RECRUITER-SCHOOL CROSSING GUARD DIVISION. 1r PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF LAUDERHHILL 2000 CITY HALL DRIVE LAUDERHILL, FL.33313-0000 SGT. JOHN RHAMES 954-730-3010 FAX-954-730.3062 PROVIDE SERVICES FROM 8/28/99 TO PRESENT 2, PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF COCONUT CREEK 4800 WEST COPANS ROAD COCONUT CREEK, FL. 33063 SGT. TIMOTI Y BRADSHAW 954-973-6730 FAX 954-973-6794 PROVIDE SERVICES FROM 8/28/00 TO PRESENT 3. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF POMPANO BEACH 1801 N.E. 6TH STREET POMPANO BEACH, FL. 33060 CAROL FOLAND 954-786-4185 FAX 954-786-4113 PROVIDE SERVICES FROM 8/28/99 TO PRESENT • 4. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF LAUDERDALE LAKES s 4300 NW 36TR STREET LAUDERDA]LE LAKES, FL. 33319 GUITH]ELE RUIZ i 954-731-1212X289 FAX 954-733-5126 PROVIDE SERVICES FROM 10/1/99 TO PRESENT 5. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF TAMARAC 7525 NW 88TR AVENUE TAMARAC, FLORIDA 33321 CINDY DEIMER 954-724-2450 FAX 954-724-2408 PROVIDE SERVICES FROM 8/28/99 TO PRESENT 6. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF OAKLAND PARK PARKS AND RECREATION 3900 N.E. 3"AVENUE OAKLAND PARK, FLORIDA 33334 VITO J. PETRONE • 954-561-6264 FAX 954-561-6190 PROVIDE SERVICES FROM 10/30/00 TO PRESENT 7. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF SUNRISE 10770.W. OAKLAND PARK BLVD. SUNRISE, FLORIDA 33357 MARSHA PETERSON, PURCHASING 954-572-2274 FAX 954-572-2278 PROVIDE SERVICES FROM 4/2/01 TO PRESENT • 8. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF NORTH LAUDERDALE 701 SW 71 Sir AVENUE NORTH LAUDERDALE, FLORIDA 33068 CAPTAIN RONALD BARANSKI 954-954-720-8900 FAX 954-722-5820 NEW CONTRACT EFFECTIVE 8/27/01 9. PROVIDE SCHOOL CROSSING GUARD SERVICES LEE COUNTY SHERIFF'S OFFICE 14750 6 MILE CYPRESS PARKWAY FT. MYERS, FLORIDA 33912 .IENNA CLARK, PURCHASING DIRECTOR 941-477-1313 FAX 941477-1315 NEW CONTRACT EFFECTIVE 9/1/01 TO SHOW OUR UNIQUE RECRUITMENT SHILLS, WE HAVE INCLUDED THE FOLLOWING REFERENCE: FLORIDA DEPARTMENT OF AGRICULTURE 6901 WEST SUNRISE BLVD.. ,. PLANTATION, FLORIDA 33313-0000 GILBERT A. RINCON 954-327-7803 FAX 954-797-6919 PROVIDED 500 Ml IVIDUALS TO INSPECT CITRUS TREES. ,.rtT 1�y051, w1n . , AAb # `-''`�* ¢f^.. �Ss3I• ' "'•� +. ,' "`i` '•- y„ �;, � �@.,.. #,_� � ;v4�� �'sk�' �-�"f'=� �t��, t \�a'�µ.� t" ��n�•�.��� x "�.. v a'^y,F4y � � -4,%o-: Vy '�.,.. '�' a ,�.qy�} �"�� � �#•;sdri x[t ,, tic ": Ir� ��t ra, '7..,.j,. .,( r.� �� Y�``��, , ,����� x ' ��^.•: � 1 #,fe.� �3t+t � t$' J:d�S, �'s<. / �.�d�' ���� �� x k ��s ya a i�. d Ez� r #rli a " ,aai a a !- '*. ;�^ ktn m' 4 •. Ei'w,r r' �F' Lf;�..f 1.• XX Y T' 3 R e v. �� � Jar W r.<;m,r+ �, .. It �. ��$,� '�' �"•t� �� �, ,���� rJ. JIM ° _ A ,�� Yf• • r�t 'Ar a f � ��� � a�� S � � � � s���'"��'5a'�Y��kkficl�' ����.eG '�,s��'' :a• ''YTr .� a°t -fx,¢=s,�"��.. s a. lniq 's A$^ r �'�"�xr x F� m`�! F,{`-^.� � d s i fi s� a •# _ �s r,.�xc 3 • x �t sr � �1I�x„�4.r ; ��� y � .� �� �,#'tq v'�y :as� �. +�� �•, ;4 Y�.� ' ; '44, ,' S� � q, .'�. .x•'.h' ,�' x R '�'-� t.�� ;' #'»'�`sl zap ��' s t �, �� �s 1r � �.� i fi -, ro , # 5}� �^A &`.�, +�d. � Ud s�'•,'r�fy �� ��. +:tr #i`#�r �Y� a^ ,•��p"U v t >s "�'y• r s.^�.x �R a 5�'.'. Yp._, � v �s i"� .., e i .� .L , �.,�{ jAz• �. �'a»�Y '-'� S 'aa�:�-'m r. .�¢r,'�Y'Y'"'.k'�,�*t i @.b a ya x7 x� st i-?•' � x yY � 5 Ey:. a �* � <,.,' ° �`P�;yr xEi. n F ,e � fit"`•� c '�' ., s r � � a yq a+-{ i��,�S�J�^ � .t .Yry...,_R.'.Y6.3"S.a..".. _•.._��.. v �LZ1R.2Lr...�.'T.� fT Ar o, ` r i owVW 4 ff A ' �mm ` `.. .mow , F• fia. �w mt1 e�yC f m d >oc X�c MEETING REQUIREMENTS: EQUIPMENT: ACTION LABOR/STAFFING CONNNECTION DOES NOT PROVIDE EQUIPMENT TO CROSSING GUARDS. CURRENTLY IN ALL CITIES STAFFED, WE ARE USING THE CURRENT EQUIPMENT CONSISTING OF STOP SIGN, WHISTLE AND REGULATION VEST. WE WOULD APPRECIATE THE SAME COURTESY EXTENDED TO US FROM THE CITY OF TAMARAC. SUPERVISOR: A SUPERVISOR WILL BE PICKED FROM THE CURRENT GROUP OF CROSSING GUARDS, AFTER CONSULTATION WITH THE HUMAN RESOURCE DEPARTMENT. THE,SUPERVISOR WILL BE IN CHARGE OF GETTING THE TIME SLIPS SIGNED ON A DAILY BASIS, CHECKING ALL THE POSTS AND FILLING IN AT A MOMENTS NOTICE, IF NECESSARY. THE SUPERVISOR WILL REPORT TO BARBARA DAMICO EVERY FRIDAY MORNING TO FINALIZE THE WEEKS ACTIVITIES. THE SUPERVISOR WILL BE PAID FOR 5 HOURS A DAY IN ADDITION TO THE PROPOSED 3 HOURS A DAY FOR THE' REGULAR GUARDS. IN ALL CITIES WE CURRENTLY STAFF, THE SUPERVISORS ARE PAID FOR ADDITIONAL HOURS AND BILLED TO THE CITY ACCORDINGLY. THE SUPERVISORS ARE A VERY VALUABLE ASSET TO THE CITY AND TO ACTION LABOR/STAFFING CONNNECTION AND ARE WORTH HISIHER WEIGHT.IN GOLD. WE CURRENTLY HAVE 10 SEASONED AND EXCELLENT SUPERVISORS IN OUR CURRENT CONTRACTED CITIES. SUBSTITUTIONS: I ACTION LABOR/STAFFING CONNNECTION WILL HAVE SUBSTITUTE GUARDS IN ADDITION TO THE SUPERVISOR, AT ALL TIMES, TO FELL IN SHOULD IT BECOME NECESSARY. PAYROLL: ALL CHECKS WILL BE PROCESSED WEEKLY AND AVAILABLE FOR MAIL OR PICK UP EVERY FRIDAY. IWOICES: ALL INVOICES WILL BE MAILED ON A WEEKLY BASIS TO THE HUMAN RESOURCE DEPARTMENT WITH A COPY OF THE TIME SHEETS ATTACHED. BADGES: ACTION LABOR/STAFFING CONNNECTION CROSSING GUARDS WILL HAVE BADGES TO WEAR, THAT WILL IDENTFY WHO THEY ARE TO THE CHILDREN, PARENTS AND TEACHERS, WHILE ON THEIR RESPECTIVE POSTS. INSURANCE: ALL GUARDS WILL BE COVERED BY ACTION LABOR/STAFFING CONNECTION LIABILITY AND WORKMAN'S COMPENSATION INSURANCE. r rr TRAINING: ALL TRAINING WILL BE DONE BY CAROLE GREENICH AND BARBARA DAMICO CERTIFIED CROSSING GUARD TRAINERS, UNLESS THE INDIVIDUAL CITIES DESIRE TO DO THEIR OWN TRAINING ACCORDING TO-STATE REQUIREMENTS. ALL PAPER WORK REQUIRED BY THE STATE OF FLORIDA, WILL BE COMPLETED BY ACTION LABOPUSTAFFING CONNECTION. GUARDS WILL BE TRAINED ON"SCHOOL CLOSED DAYS"AND PAID AT THEIR REGULAR RATE AND BILLED TO THE CITIES AS REGULAR SCHOOL WORKING DAYS. CONTACT PERSON: AS IN ALL CONTRACTED CITIES, A CONTRACT PERSON NEEDS TO BE IDENTIFIED AS A HELP DESK TYPE PERSON TO CALL, IF SITUATIONS ARISE FOR INFORMATION PURPOSES. �a x, s ACTION PLAN FOR CROSSING GUARDS FOR THE CITY OF TAMARAC I UPON NOTIFICATION OF AWARDED CONTRACT: II IA) Obtain from THE CITY OF TANfARAC ( if not a current client) names, address's, and phone numbers of all School Crossing Guards and substitute School Crossing Guards. B) Notify all CITY OF TAMARAC Crossing Guards to set appointments for registration with ACTION LABOR/STAFFING CONNECTION. C) Do background and reference checks on all newly registered School Crossing Guards hired through ACTION LABOR/STAFFING CONNECTION. D) Recruit within THE CITY OF TAMARAC at home owner associations, local organizations and advertise in local publications. for School Crossing Guards. • E) A bonus program is available to all School Crossing Guards who refer individuals for open post positions-$40.00 after a new guard has worked a total of 40 hours. SCHOOL CROSSING GUARD TRAINING: A) Ensure that all School Crossing Guards have been trained to the "Florida School Crossing Guard Training Guidelines" before post assignment. 1) Facilitate School Crossing Guard Training as required by "Florida School Crossing Guard Training Guidelines", sessions to be held weekly until all guards are trained. i • 2) Maintain School Crossing Guard Training as required for all new personnel hired,scheduled on an "as need basis." 3) After January 1"Institute School Crossing Guard annual retraining course to ensure all School Crossing Guards are retrained. B) All School Crossing Guard Supervisors must be State Certified by the Florida Department of Transportation. NOTIFICATION TO SCHOOLS: A) Send letter of introduction/notification to each school principal, advising who the contact person is at ACTION LABOR/STAFJFING CONNECTION. This will serve as a reference for the School Resource Officer or any parent wishing to contact our office. B) Leave fliers at the school office and or article in school newspaper for recruitment of parents as School Crossing Guards. SCHOOL CROSSING GUARD MAINTENANCE: A) Each CITY OF TAMARAC School Crossing Guard will be issued • an ACTION LABOR/STAFFING CONNECTION name tag, which must be worn while on their respective post assignment. B) The School Crossing Guard Supervisor will be responsible to verify the covering of all posts each day and that the School Crossing Guards are on their posts for the required time frame. C) An ACTION LABOR/STAFFING CONNECTION School Crossing Guard Liaison will travel with the supervisor on a periodic schedule, to ensure that policies and procedures for School Crossing Guards are being met. • D) An ACTION LABORISTAF'F'ING CONNECTION school Crossing Guard Liaison will meet with the Crossing Guard Supervisor on a weekly basis, to verify time is being reported correctly and be proactive to any situations that may arise. i MEETING REQUIREMENTS: EQUIPMENT: ACTION LABOR/STAFFING CONNNECTION DOES NOT PROVIDE EQUIPMENT TO CROSSING GUARDS. CURRENTLY IN ALL CITIES STAFFED, WE ARE USING THE CURRENT EQUIPMENT CONSISTING OF STOP SIGN, WHISTLE AND REGULATION VEST. WE WOULD APPRECIATE THE SAME COURTESY EXTENDED TO US FROM THE CITY OF TAMARAC. SUPERVISOR: A SUPERVISOR WILL BE PICKED FROM THE CURRENT GROUP OF CROSSING GUARDS, AFTER CONSULTATION WITH THE HUMAN RESOURCE DEPARTMENT. THE SUPERVISOR WILL BE F IN CHARGE OF GETTING THE TIME SLIPS SIGNED ON A DAILY BASIS, CHECKING ALL THE POSTS AND FILLING IN AT A MOMENTS NOTICE, IF NECESSARY. THE SUPERVISOR WILL REPORT TO BARBARA DAMICO EVERY FRIDAY MORNING TO FINALIZE THE WEEKS ACTIVITIES. THE SUPERVISOR WILL BE PAID FOR 5 HOURS A DAY IN ADDITION TO THE PROPOSED 3 HOURS A DAY FOR THE REGULAR GUARDS. IN ALL CITIES WE CURRENTLY STAFF, THE SUPERVISORS ARE PAID FOR ADDITIONAL HOURS AND BILLED TO THE CITY ACCORDINGLY. THE SUPERVISORS ARE A VERY VALUABLE ASSET TO THE CITY AND TO ACTION LABOR/STAFFI`NG CONNNECTION AND ARE WORTH HIS/HER 'A"EIGHT IN GOLD. WE CURRENTLY HAVE 10 SEASONED AND EXCELLENT SUPERVISORS IN OUR CURRENT CONTRACTED CITIES. • 00 SUBSTITUTIONS: ACTION LABOR/STAFFING CONNNECTION WILL HAVE SUBSTITUTE GUARDS IN ADDITION TO THE SUPERVISOR, AT A�L TIMES, TO FILL IN SHOULD IT BECOME NECESSARY. ]PAYROLL: ALL CHECKS WILL BE PROCESSED WEEKLY AND AVAILABLE FOR MAIL OR PICK UP EVERY FRIDAY. INVOICES: ALL INVOICES WILL BE MAILED ON A WEEKLY BASIS TO THE HUMAN RESOURCE DEPARTMENT WITH A COPY OF THE TIME SHEETS ATTACHED. • BADGES: ACTION LABOR/STAFFING CONNNECTION CROSSING GUARDS WILL HAVE BADGES TO WEAR, THAT WILL IDENTFY WHO THEY ARE TO THE CHILDREN, PARENTS AND TEACHERS, WHILE ON THEIR RESPECTIVE POSTS. INSURANCE: ALL GUARDS WILL BE COVERED BY ACTION LABOR/STAFFING CONNECTION LIABILITY AND WORKMAN'S COMPENSATION INSURANCE. • TRAINN$NG: ALL TRAINING WILL BE DONE BY CAROLE AND BARBARA DAMICO CERTIFIED CROSSING GUARD CT AAINERS, UNLESS THE INDIVIDUAL CITIES DESIRE TO DO THEIR OWN TRAINING ACCORDING TO STATE REQUIREMENTS. ALL PAPER WORK REQUIRED BY THE STATE OF FLORIDA, WILL BE COMPLETED BY ACTION LABOR/STAFFING CONNECTION. GUARDS WILL BE TRAINED ON"SCHOOL CLOSED DAYS"AND PAID AT THEIR REGULAR RATE AND BILLED TO THE CITIES AS REGULAR SCHOOL WORKING DAYS. I CONTACT PERSON: i AS IN ALL CONTRACTED CITIES, A CONTRACT PERSON NEEDS TO BE IDENTIFIED AS A HELP DESK TYPE PERSON TO CALL, IF SITUATIONS ARISE FOR INFORMATION PURPOSES. I • ` /181u1 ' Li �rV, �c � rC tp,, r ill 1 JA q O� LL:C lvC WO O 40 J _az ` = ~ z > LL 4 C .r L. w W Lw `,C rC c ry G V acn C Q ZCCv <X • C r:_ CL X< Q Zft f C 1 _ ry CM Cw�. Zr C Vic! a C "� CCGw ur — LL 'o x Li _ O�-t z LL 9 u N O !U U U Q > W w C C " z a CF-ON C- x L) 2 Q Z x m � a ►� r �- Q P-7e t:: Y c0 0 c; u < .. W r� U y O N rn ti 'jr U O • E _ G EYLP �_ a yx r` a.0 M c O Q Q C) w O cO w O^'7 a < ^ W r 0 U Z M co _� cA ��. O a o m w � Mom? 0 w -, -J Q m EE 0 ; r — as " Uc � d N + N 00 w W LL Q c0 D O� < ( 7 Z rE J W Z C �� 0 z W .�. LLJ ►'� O w U O �- .;i > d J r-1 w Cl) � h � 00 O Q ` _ _ m 2lk O O �; W w ?L. Z L) :� 1 = C a 7 ❑ C .:C w e G � dd ¢ cz O > J C7 ui 3a,r y it 1 cz O Col 2 o O $Z�W 2 V 3 c O z 6 Z �z N O sp r.� J LW � a O LLJ m J C) N O O S31dOO llb' Nuni3w HOV13C LON Oa • ATTACHMENT"A" BID FORM (continued) BID 02-03B School Crossing Guard Services Bidders Name: _Artinn r.ahnr of Fl rWa, LLC (A.K.A. Staffing Connection) NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non-responsive and ineligible for award. TERMS: 30 N DAYS: Delivery/completion: calendar days after receipt of Purchase Order NOTE:To be considered eligible for award,one(1)ORIGINAL and two(2)copies of this Bid Form must be submitted with the Bid. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: ase Indicate reason(s) why a Bid Is not being submitted at this time. Return the c.+,d Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 44 ie -ATTACHMENT"A" BID FORM (continued) BID 02-038 School Crossin Guard Senrlces The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty(30) days of delivery. Return of rejecWn will be at the expense of the bidder. 4n Labor of Florj , LTX r Company Name A.K.A. Staffing Conn ti uthornze ign ure 900 Osceola Drive, Suite 222 Karen Hoover Address Typed/Printed Name West Palm Beach FL 33409 561-683-1211- fax; 561-683-3375 City, State, ZIP Telep one& Fax Number 65-1038622 Contractor's License Number Federal Tax ID# 19 ATTACHMENT"A" DID FORM (continued) BID 02-03B School Crossing Guard Services Bidders Name: Action Tabor of Florida, LLC (AKA, Staffing Cormection) TERMS: '`' �� DAYS: Delivery/completion: calendar days after receipt of Purchase Order To be considered eligible for award,one(1)original and two(2)Co Pies of this bid form MUST be submitted with the Bid. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non-responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal Is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 20 • • ATTACHMENT"A" BID FORM (continued) BID 02-03B School Crossing Guard Services Bidder's Name: Action Igbor of Florida .�LI,C (A.K.A. Staffing ice) Variations: The Bidder shall identify all variations and exceptions taken to the Instructions to bidders, the Special Conditions and any Technical Specifications in the space provided below, Provided, however, that such variations are not expressly prohibited in the bill documents. For each variation listed, reference the applicable section of the bid document. If no terms and conditions. It is further understood that such variations may be variations are listed here, it is understood that the Bidder's Proposal fully complies with all termining that the Bid Proposal is non-responsive and ineligible for award: cause for Section_ Variance Section_--_:.— `Variance Section------—Variance Section------ Variance Attach additional sheets if necessary. 21 ATTACHMENT "B" Bid 02.03E ' School Crossingg Guard Services NON-COLLUSIVE AFFIDAVIT State of Florida ) County of Palm npagh ) Karer. Hoover being first duly sworn,deposes and says that: 1. He/she is the_ Pr-es"dent ,(Owner, Partner,Officer,Representative or Agent)of Action Lbar of Florida IA:r (A x A the Offeror that has submitted the attached Proposal; Staffing Connection) 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives,employees or parties in interest, including this affiant, have in anyway colluded, conspired, connived or agreed, directly or indirectly,with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror,or to fix any overhead,profit,or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against(Recipient),or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy,connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners,employees or parties in interest, including this affiant. Signed, sealed and delivered / in the presence of: By .�/ Witness i Karen Hoover Witness Printed Name President Title 22 ATTACHMENT r`B" • NON-COLLUSIVE AFFIDA VI7 continued ACKNOWLEDGMENT State of Florida County of palm aAlth On this the 9t;h day of September , 2001, before me, the undersigned Notary Public of the State of Florida, personally appeared ar Hooves(Name(s) of individual(s) who appeared before nota and ry) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC NOTARY PUBLIC, STATE OF FLORIDA SEAL OF OFFICE: (Name of Notary Public: Print, M610nk&Forrester Stamp, or T `• �1�WCOK44SONl CCO41949 EXPIRES Ype as Commissioned) a ` lino too Personally known to me, or ❑ Produced identification: (Type of Identification ❑ DID take an oath, or 1 DID NOT take nuoath 23 ATTACHMENT"C" Bid 02-03B School Crossing Guard Services CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (I) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP [] CORPORATION ❑ OTHER r If"Other", Explain: Ka ri jthorizeq ig atur Name (Printed Or Typed) President• _ F5_1Q3RF,?� Title Federal Employer I.D./Social Security No. Company Name staffing Connection Address ivP, S"'rP 2" -- West t Palm P.-A-h FL j 409 City/State/Zip Telephone Fax Number Contact Person �� 24 ATTACHMENT"D" Bid 02-03B School Crossing Guard Services BIDDERS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company _Action�5 r of F1orida, LW A K,A Staffing Connection Address 900 991�ive, sulttg 222 City State Zip West_palm Beach, EL 33409 Telephone I5151 a 6AI-1211 Fax Number 1561) 683-3375 1. How many years has your organization been in business under its present name? 1,-5 _Years 2. If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: _ 3. Under what former names) has your business operated? List former address(es) of that business (if any). 4. Are you Certified? Yes ❑ No❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No❑ If Yes, attach copy of License 6. Has your company or you personally ever declared bankruptcy?Yes ❑ No If Yes, explain: 7. Are you a Sales Representative❑ distributor❑ Broker[] or Manufacturer❑ of the commodities/services bid upon? &)P} 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No 0 If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No® If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No fX If yes, explain: 25 ATTACHMENT,,E" BIdO School Crossing Guard Services REFERENCES Please list name of government agency or private firm(s) with whom you have done business within the past five years: 0 Your Company Name p`-}-inn Tghn of Flnr9 a� TIC A x n Staff nq (]3nnWtjon Address _900 Osceola Drive. Suite 222 City State Zip West Palm Beach, , 3 4_QS___,_ _ Phone/Fax �: 561-683-1 -11 x• SF 6g3 3375 Agency/Firm Name: City of Tallahassee Address 100 &av i tr ee City State Zip Phone/Fax ra50) aaL_fiaa2 Contact Name Ckatis Watkins Agency/Firm Name: city of mare Ester _ \ddress 195 Christobal Road City State Zips 32569 ' Phone/Fax (e Contact Name 243-3566Lft Tfprs `_� • Agency/Firm Name: city of Pensacola Address City State Zip IMM Phone/Fax (850) 595-1466 Contact Name Steve Winecki ^^ Agency/Firm Name: city of Riviera Beach Address p 06 City State Zip Riviera ea Bch,_PL 33404 Phone/Fax —L5G11 845-4057 Contact Name oorma Holder Agency/Firm Name: city of Ft. Pierce Address p O x 4 City State Zip F_P!:erce. L�r, 34950 _ Phone/Fax (567) 460- 2nn Contact Name canp -- - 26 W In ATTACHMENT "F" Bid 02-03B School Crossing Guard Services VENDOR DRUG-FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS-Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services - that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5)days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee w o is so convicted. 6. Make a good f th effort to continue to maintain a drug-free workplace through implemei�afio of this section. As the person authorized to sign the statement, I ce i at this, rm complies fully with the above requirements. Action bo of Florida uthorizef! Sign ture Company Name A.K.A. Staffing Connection 27 0 C t 1s 01 03: 51p RCTION LsDaR 5616633262 p. Z U;1-14-1UU1 FXI IU: Ie Hn VdK5 RVUP LLU rlix NU. 11UegbU8g1 r L UC fi D CENTIFICo'ATE OF LIABILITY INSURANCE °TCn1AUD0/Y�I Hobbs Group, LLC TICE uen AS A 14ATTAM 0/1 MAn OOU ANA Lori JkV RIGHTS UPOd tNp AMAn 3585 Engineering Drive NaA,DeW. TNIq Ci[ATw►r�� ogee aoT� �C�ATiflsrAT! Suite 300 ALTtff TNe CdY6RAP♦� gyvpLTp� DY THE RaU4F3gELGIfMonI Norcross, GA 30092 IM>�uAEtgSAFMPMGC0WaAQS Action Labor of Florida, LLC Itseurarlce Company 900 orcoolA Drive '-sv4t•0-Xemper Suite 222 INcun[wc• west Palm HeAch, FL 33409 •su■kKo. OpVCtdACA1i® INAUAr�t6 111"E POl6 of NpJG4NCF lO:TED BEIiTM HAVE NtttM I$8tklp Tp T►g ANV�fOLhAE4T81T, TEgyl Oq COMMON Of ANY CONTILACT on aT R41R1E0 MAM[D �{t}q i'OLCr PERIOD WDtC4TED. MO'TWfi}fTANOWO MAY PCpTAMI,Tub UpLyt•MLOIF A W VAN ObC1GNO bw D OD 01 Is rT IWnHMC TNALCT TO WHOO THW,OEATYC ATE AA°Y W **Upo on POIIC�; A0olKO•TE 19dR6 s++Ow1V MAY"WE BEEN pE0004b W v W a sUNJO Cr io aLL THE TEM4.FXCWSOMB alp CONO(hON!of 9UCN ►rotor w>we+nvor •QUO•MVM4 Yq � J{ 1078971 LOW, X Icommewcw661-UPKLIA°Lm I04/01/O1 O1/Ol/02 tAc••ocrugREwce �1.,000, 000 f IeLAIM;l.AO— XIDCGUPI tIwro•IkaoeNmo°o�♦c ,50, 0Q0 ae7 SX01 wo..oY'v+r+) f I I • �'C�=NNALI°Dv�Wuw• •�, QQO,C7D0 '0t'rt 400p90A.e L iM•Amk WzPww i I bMAI°�1A;AotlA9 dsTt 11 r tl�p r 000 oot— Icn . ,L ""DOU4T4ca+A��crAea�Al', 000, 000 B ;.Yurn►Aopll6lApllnr F3 0063340D D4/01/Ol Q4 0 X i AN•AVTO /D2 ,rrLIM°�Nab I,AIGL�.'Nr7 CAae+loAnb '1, 000,000 QC•IIDULCO AI,TOI I OD'_�WJu�♦ 400ED AUTOS I NON.pwlr[O lVTG4 t 1 .S.e rOOIL nNJI!■• IAAr OAA•G6 LIAalllln AN,W+o I AJ♦OOrr,•.G•ACC'nt MtT ♦ oTMSgy+Nr. tAACC 1 lxC6EyL1ArILITT I AJ700K•. ACC,i (occu4 I IuuvcuAoE I ►AcNotaw�ccE �, ' ;A°°�ru•-rE ;c � I j IDE4UG*ulC I I ' ff n♦.,,r.le� y T B .�• LDA000AAnL,MIpT1agAA+O hint:00302100 !01 O1 O1O1/01/02 ,X;� sr., CwLORNr LLABILIn ' I G�vLIMi4a Gr [l [AQVACC10t4T I9.61:- A69.6611ARo•Ct 11, 000, 00G on+fw elblstAa[.v ♦ t 1 OOOLdpp '` OtlOA1PrI�D0 Wea8TtLN lR—A" y` -CLlIrE1tCL1IctONGAOD@D VEN004le►t workers compensation inclu6e® the Alternate Emplayer Endorsement. Cer"ficate holders is named az additonal insured for General Liability only. crwT p 'Abb 1 City of Tamarac bbULDAMDo114Aeow�, ,�DWiPfYYIGWCELLL'D®BDRaT►RLY9�R!fTOn A[Cn: Steve Seansdefer Ew e►.r»eLssLnwolrAu•rwp,lleNDD�wnrowA,l3o7525 Nw 69th Avenue OT't°tat�ra't"°>°'w+MA�C THE evr►akUW Na oa>'wTIbN a.uA�I o08N•Ll Crt Lauderdala, FL 33321-2401 +►♦ Du T TSOA • � Rt►neat fl g, A . AUTNCwltto Aefwt�•TAt acawa ae-s nreT71 of a ►I 15 6 3 0 3 9MT, v Aoonacaaro�eTl�If00 EIS-3 ZKO d Ot¢-1 BIIZSJs-rse-! 90jivis stsro-mud eo:el In-�t-nl • a EXHIBIT 7" TEMP RES4 #9579 AGREEMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA, LLC (A.K.A. STAFFING CONNECTION) THIS AGREEMENT is made and entered into this 2-4 day of C,T T. , 2001 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the"CITY") and Action Labor of Florida, LLC (A.K.A. Staffing Connection), a Nevada corporation with principal offices located at 900 Osceola Drive, Suite 222, West Palm Beach, FL 33409 (the"Contractor")to provide for school crossing guard services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2)The Work The contractor shall perform all work forthe City required by the contract documents as set forth below: a) Contractor shall furnish all labor,materials, and equipment necessary to perform school crossing guard services pursuant to Bid No.02-03B"School Crossing Guard Services". b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. d) Contractor shall comply with any and all Federal, State,and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractor; comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The term of this Agreement shall be for an initial period beginning on date of execution through September 30, 20,03. The City reserves the right to renew this agreement for two (2) additional two (2) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period. 5) Contract Sum The Contract Sum for the above work is $7.98 per hour per school crossing guard. 2 6 Payments Contractor shall perform the services described in Paragraph 2 and upon satisfactory performance of said services and City's acceptance of an itemized invoice, the City shall pay Contractor as specified in Paragraph 5. Payment shall be made within thirty(30)days after the City's receipt and approval of Contractor's statement of services and costs, prepared in such form and detail as the City may specify. Consultant shall not incur costs for performance of services under this Agreement in excess of said amount without the prior written authorization of the City Manager or designee. 7) indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims,suits,actions,damages, liability, and expenses(including attorneys'fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees,agents,subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8) Non-Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination- The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee 3 benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 10)Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue {.: Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Karen Hoover, President Action Labor of Florida, LLC A.K.A. Staffing Connection 900 Osceola Drive, Suite 222 West Palm Beach, Florida 33409 12) Termination This Agreement may terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 4 • Default by Contractor: In addition to all other remedies available to the City, this Agreement shall'be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13)`Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 14) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 15) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 16) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 17)Merger;Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. i 5 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC , through its Mayor and Action Labor of Florida, LLC (A.K.A. Staffing Connection), signing by and through its President, duty authorized to execute same. CITY OF TAMARAC J Schreiber, Mayor Date: .! ��. �(-0/ ATTEST: ` /'►c(l Jeffre Iler, City Manager a✓ p Marion Swene n, CIVIC Date: �l'�' ► 'mil, ;:'C.c r City Clerk Date: A pr ed as to and le S ffi enc i hell S. K Attorney ATTEST: ACTION LAB OF FLORIDA, LLC (A.K.A. ST FING CO NECTION) (Corp rate Secretary (Name of President) Msct:v :cam. Type/Print Name of Corporate Secy. Type/Print Name of President (CORPORATE SEAL) Date: 6 CORPORATE ACKNOWLEDGEMENT STATE OF r-coZy COUJJTY OF R g,, rn -g f-"u The foregoing instrument was acknowledged before me this day of ,2001by__ K,42Er-, L*oGissuz (name of officer or agent, title of officer or agent) of Aa--, op L-Ap--,a- - r- .&rcu► Vic, (name of corporation acknowledging), a N ev A D 2 (state or place of incorporation) corporation, on behalf of the corporation-ISHe i ersonally nown to me (type of identification)as identification and did(did not) take an oath. r Signature of otary Public- State of Florida Print, Type or Stamp Name of Notary Public. `\ 0%11na1IgNgii .� •aWS�Hf•�'• �% tCCE23303 •"' �'9/ �'Feln•IM;. �� 7 CERTIFIED RESOLUTION I, l 0 (Name), the duly elected Secretary of kd C,(Corporate Title) a corporation organized and existing under the laws of the State of Oe►`li , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT ,j o a,= (Name)", the duly elected p Qf_t-.nFtiz (Title of Officer) of Aea .nj�-,ftQoe rj;! tjw= L c (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been 1 revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE GNATURE Given under my hand and the Seal of the said corporation thi day of O�roaEQ , 20 o � _. c-- (SEAL) By: e Secretary �'FolsOro Corporate Titl NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 Temp Reso #10713 Exhibit #2 • Temp Reso#10182 07/30/2003 Rev#1 08/13/2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO: R-2003- ( go A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE FIRST RENEWAL OPTION OF THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA, LLC (AKA: STAFFING CONNECTION) PROVIDING FOR SCHOOL CROSSING GUARD SERVICES EFFECTIVE OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2005; PROVIDING FOR CONFLICTS,• PROVIDING FOR SEVERABILITY; AND r PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac requires School Crossing Guard Services to promote the safety and well being of children walking and bicycling to and from school; and WHEREAS, the Agreement authorized by Resolution No. R-2001-312, attached hereto as Exhibit 1", along with Resolution No. R-2002-288 amending the expiration date, attached hereto as Exhibit "2", provides for renewal of the contract with Action Labor of Florida, LLC (aka: Staffing Connection) providing for school crossing guard services for two (2) additional two-year periods; and WHEREAS, the current agreement between Action Labor of Florida, LLC (aka: Staffing Connection) and the City of Tamarac providing for school crossing guard services will expire on September 30, 2003: and • Temp Reso 410182 07/30/2003 Rev#1 08/13/2003 WHEREAS, Action Labor of Florida LLC, (aka: Staffing Connection)has Page 2 satisfactorily performed its contractual services for the City of Tamarac and has agreed to extend the term of the Agreement through September 30, 2005, via the renewal agreement attached hereto as Exhibit "3"; and WHEREAS, funding is available in the General Fund for said purposes; and WHEREAS, the Director of Building and Code Compliance and the Interim Purchasing and Contracts Manager recommend approval of the first of two (2) two-year renewal option periods between the City of Tamarac and Action Labor of Florida LLC • (aka: Staffing Connection) effective October 1, 2003 through September 30, 2005; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the t appropriate City Officials to exercise the first renewal option of the Agreement between the City of Tamarac and Action Labor of Florida, LLC (aka Staffing Connection)for school crossing guard services effective October 1, 2003 through September 30, 2005; original Contract awarded by Resolution No. R-2001-312, AdIlk Temp Reso#10182 07/30/2003 Rev#1 08/13/2003 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS"clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the renewal agreement between the City of Tamarac and Action Labor of Florida LLC (aka: w Staffing Connection)for school crossing guard services for a period beginning October 1, 2003 and ending on September 30, 2005 (attached hereto as Exhibit "3"). r SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp Reso #10182 07/30/2003 Rev#1 08/13/2003 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27t'day of August, 2003. Xrt SCHREIBER ATTEST: Mayor RECORD OF COMMISSION VOTE: MARION SWEN ON, CMC MAYOR SCHREIBER CITY CLERK DIST 1; COMM. PORTNER DIST 2: COMM, FLANSBAUM-TALABISC DIST 3: COMM. SULTANOF I HEREBY CERTIFY that DIST 4: V/M ROBERTS I have approved this RESOLUTION as to form. i _ MITCALL S. K 1±T CITY ATTORNEY • Cit,of Tanmr„,:. �', Pi cl ,si:!� a:d r;r.ntrads Division AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA LLC aka STAFFING CONNECTION The CITY OF TAMARAC (City) and Action Labor of Florida LLC, aka Staffing Connection (Contractor), a limited liability corporation, with principal offices located at 900 Osceola Dr., Suite 222, West Palm Beach, FL 33409, agree to amend the original Agreement dated October 24, 2001 as follows: Per the terms of Section 4, Time of Commencement and Substantial Completion, of ¥e the original Agreement dated October 24, 2001, the City and Contractor exercise the first renewal option for the term October 1, 2003 through September 30, 2005. All other provisions of the original agreement remain in effect as written. F IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of k: Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and Action Labor of Florida LLC, aka Staffing Connection,signing oa, by and through its President/CEO, duly authorized to execute same. xt CITY OF TAMARAC Joe Schreiber, Mayor Date ATTEST: Jeffrey L. Miller, City Manager Marion Swenson, CMC Date City Clerk _ Appro*d as'to fprm andl-,gal sufficiency: '$ Date 1 Mitchell S. Kraft, City Attorney Date 2 "4 i ATTEST: Action Labor of Florida LLC, aka Staffing --- -- Connection Company Name, (Corporate Secretary) Signature of Pfesident/CEO Karen Hoover Type/Print Name of Corporate Secy. Type/Print Name of President/CEO (CORPORATE SEAL) Date CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF P :SS Ifl ' 1 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Karen Hoover, President/CEO of Action Labor of Florida LLC, aka Staffing Connection, a • limited liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day ofjL-Q , 2003. Melanie D.Forrester Signature of� ' Public MYCOMMISSION► CCf41849 EMNS iw�. fir•` 7Une 4,2004 State of Florida at Large a;;^ tC*ot0 T"FU Troy fAX WSLf +CE MC M In n ie Print, Type or Stamp Name of Notary Public �j Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. U8/UJ/U5 12:41 t'AS V54 724 24011 CITY-TAkt.9}iAC- UHGHAallr'G WJU02 R27U-J 0•[U f1❑ p 1 u u l V 1 V V J J J f! • ,v i i v Jill MW12WS.Pmdine.Road %2= Pompano Beach,FL 33M p:954.979.g6'4 B8$M.7008 I:9S4979.7M APRM 30, 2005 Temp REso #10713 City of Tamarac E:)�bit #3 7525 N. W. 88`"Avenue Tamarac, Fl• 33321 i Attention: Keith Glatz Dear Mr. Glatz: i As per our phone conversation, the new billing rate for the minimum wage change effective May 2, 2005 will be S8.92_ We are happy to honor this rate from October 1, 2005 Uuu September 30, 2007. The exception to this would be if the Mini=n} wage nceds to be adjusted to reflect the rate of inflation during the 12 months prior to September 1st of that year. I have sent to you as an attachment to this letter, the Employment Law update and what the Florida minimum wage amendment meant to you and to Staffing Connection. "Failure to adjust the minimum wages of its employees poses serious consequences for employers_" Thauk you for your help and we look forward to our continued Working relationship. Sincerely, i r I CAROLS S. GREENTCH MANAGER SCHOOL CROSSING GUARD DIVISION i I i j • j I .. , a.w• WOLry Sol taltt t ueoSuu• I Employment Law Update What Ths Florida Minimum Wage Amendment Means For Your Business On election day, November 2,2004, Florida voters voted in favor of a constftutional amendment to increase the minimum wage statewide.The minimum wage,currently$5.15/hour,will be Increased to$6.151hour on May 2, 2005(6 months after its enactment on election day),Additionally,on September 30, 2005. and every following September 30th,the minimum wage will be adjusted to reflect the rate of inflation during the 12 months prior to September 1 st of that year.This adjustment, however,can only be to increase the minimum wage. Therefore, if the rate of inflation is negative,the minimum wage will not be reduced accordingly.The task of calculating the yearly adjustments for the minimum wage has been charged to the Florida Agency for Workforce Innovation.The Agency will likely use the consumer price Index to calculate the minimum wage, although the Agency is permitted to use an index calculated by the U.S.Department of Labor.The Agency will publish each adjusted minimum wage and the new wage will take effect on January 1st following the September calculation. Failure to adjust the minimum wages of its employees poses serious consequenoes for employers.The constitutional amendment specifically provides for the right of an employee or the Florida Attorney General to file a lawsuit, including a class action suit,to recover any wrongfully withheld wages. The amendment allows employees to recover double the difference between the amount they were paid and the amount to which they were entitled, plus reasonable attorneys fees and costs.The amendment also prohibits employers from retaliating against employees for exercising their rights under the amendment,therefore, employees may also seek relief outside of monetary damages,including injunctive relief and reinstatement of employment if the employee has been terminated in retaliation for exercising any of the protected rights-Additionally,the employer is subject to fines imposed by the State,up to and including$1,000,00 per violation.Employers must take all necessary steps to ensure compliance with the new amendment by May 2,2005, Although the increase in wages may have a tremendous financial impact on Florida employers,the impact of the wage increase is slight in comparison to the impact of the potential fines and litigation costs imposed on employers who fail to comply. "Failure to adjust the minimum wages of its employees poses serious consequences for employers." <BACK http://www.macf.cc/wliat-the-flotida-minimum-wage�_am.btm 3/31/2005 s City of Tamarac Purchasing and Contracts Division • AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA LLC aka STAFFING CONNECTION The CITY OF TAMARAC (City) and Action Labor of Florida LLC, aka Staffing Connection(Contractor), a limited liability corporation, with principal offices located at 900 Osceola Dr., Suite 222, West Palm Beach, FL 33409, agree to amend the original Agreement dated October 24, 2001 as follows: Per the terms of Section 4,Time of Commencement and Substantial Completion, of the original Agreement dated October 24, 2001, the City and Contractor exercise the second renewal option for the term October 1, 2005 through September 30, 2007. In accordance with the State of Florida Constitution, Article X "Miscellaneous", Section 24"Florida Minimum Wage",effective May 2,2005,a minimum wage is established in the State of Florida. As a result of the implementation of the Florida Minimum Wage, Section 5, Contract Sum, of the original Agreement is amended to read as follows: "The Contract Sum for the above work is$7:88 $8.92 per hour per school crossing guard." • All other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank • 2 --------------------- --- City of Tamarac 0 Purchasing and Contracts Division • IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and Action Labor of Florida LLC, aka Staffing Connection, signing by and through its President/CEO, duly authorized to execute same. CITY OF TAMARAC J Schreiber, Mayor Date ATTEST: Jeffre L. Viller, City Manager ill"City arion Swenson, CM Date Clerk ►-Q�0 0-'s Approved a to form and legal sufficiency: Datel iL • City Attor ey 513&fi Date ATTEST: Action Labor of Florida LLC, aka Staffing Connection Compan ame (Corporate Secretary) iqXat eoTk4aiiager Karen Hoover Type/Print Name of Corporate Secy. Type/Print Name of Manager 15-/3 (CORPORATE SEAL) Date City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF J•»BeaCh I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Karen Hoover, Manager of Action Labor of Florida LLC, aka Staffing Connection, a limited liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 2005. Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public • [ Personally known to me or ❑ Produced Identification Type of I.D. Produced ®' DID take an oath, or ❑ DID NOT take an oath.