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HomeMy WebLinkAboutR-2004-130 Staffing Connection RESOLUTION NO. 2004-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE TERM OF THE AGREEMENT EXISTING BETWEEN STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC AND THE CITY OF DANIA BEACH FOR SCHOOL CROSSING GUARD STAFFING SERVICES; PROVIDING THAT THE SERVICES SHALL NOT EXCEED $78,000.00 FOR THE SCHOOL YEAR 2003/04; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has determined that it is advantageous for the City of Dania Beach to extend its contract with Staffing Connection/Action Labor Management, LLC for Staffing Services for a one (1) year period, effective with the 2004-2005 school year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the extension of the Agreement with Staffing Connection/Action Labor Management, LLC for school crossing guard staffing services for a one (1) year period, beginning on August 16, 2004 and in an amount not to exceed $78,000.00. Section 2. That the proper City Officials are authorized to execute the extension to the Agreement and the City Manager and City Attorney are authorized to make minor revisions to such extension document as are deemed necessary and proper and in the best interest of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. RESOLUTION 2004-130 Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on August 10, 2004. C.K.MCELY A MAYOR—COMMISSIONER ATTEST: ROLL CALL: (� \ COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLUKY -YES CITY CLERK VICE-MAYOR MIKES - YES MAYOR MCELYEA- YES APPROVED AS TO FORM AND CORRECTNESS: ® BY: . I—," �j I THOMA J. A SBRO CITY'ATTORNEY 2 RESOLUTION 2004-130 EXTENSION OF AGREEMENT THIS IS AN EXTENSION OF AN AGREEMENT (the "Agreement"), which Agreement is dated August 20, 2002, existing between THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation of Florida (the "City") and STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC, a Florida corporation (the "Company"), jointly referred to as "the Parties". This Extension of Agreement (the "Extension") is dated 2004. Company provides the City School Crossing Guard services. The parties wish to extend the term of the original Agreement for an additional year. 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. Pursuant to Paragraph 8 of the original Agreement, which paragraph is entitled "Term", the parties agreed that the City would have an option to renew the Agreement for a maximum of two (2) one (1) year periods. The parties therefore agree that the second year option is exercised, that all terms and conditions of the Agreement remain in full force and effect, including the specified rates, and that the Agreement, as extended for one (1) year, shall commence on August 16, 2004 and terminate one (1) year thereafter, unless the Agreement is terminated as provided in Paragraph 10. 2. This Agreement, as extended, includes the period from the commencement date through the last day of the academic school year according to the Broward County School Board Schedule, as well as the schedule for summer school, according to the Broward County School Board, for the remaining part of the school year. 3. That in all other respects, except as amended by this Extension, the Agreement is ratified, reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY: ATTEST: CITY OF DANIA BEACH a Florida Municipal Corporation LOUISE STILSON CITY CLERK C.K. MCELYEA MAYOR-COM SIONER BY- APPROVED FOR FORM SERVICES �— IV PATO, CITY MANAGER AND CORRECTNESS BY: ldll�.; THOMAS J. A SB'RO CITY ATTORNEY COMPANY: STAFFING CONNECTION/ACTION LABOR MANAGEMENT LC, a li ' ed liability company J B : IL- PRINT, ature Name _ Title WitneMigrature PRINT Name 2 STATE OF FLORIDA ) ` COUNTY OF BROWARD ) The foregoing instrument wa acknowledged before ine on 2004, by as of Staffing Connection/Action Labor Management, LLC, a limited Iiability ompany, on beh f of the company. Such person is personally known to me or has produced as identification. G cwffwa Gwft � eb� NOTARY PUBLIC/,State of Florida My ComrMswnAW..t 22,2006 Date: A My Commission Expires:, 3 FLORIDA August 20, 2004 Ms. Carole S. Greenich, Manager 1280 South Powerline Road #23 Pompano Beach, FL. 33069 RE: EXTENSION OF AGREEMENT BETWEEN STAFFIN G CONNECTION/ACTION LABOR MANAGEMENT, LLC AND THE CITY OF DANIA BEACH RELATING TO THE SCHOOL CROSSING GUARD PROGRAM Dear Ms. Greenich: On August 10, 2004, the Dania Beach City Commission adopted Resolution No. 2004-130 approving the above Extension of Agreement. We enclose a copy of the resolution and two original agreements that • have been executed by the City of Dania Beach officials. These agreements now require final execution and notarization by your company. Upon execution, please keep one original and return the other original to me for our records. If you have any questions regarding this agreement, please contact Mary McDonald, Director of Human Resources and Risk Management, at 954-924- 3630. Sincerely, 7/,� Miriam Nasser Deputy City Clerk Enclosures "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3000 www.ci.darn ia-beach.fl.us RESOLUTION NO. 2002-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN STAFFING CONNECTION & ACTION LABOR MANAGEMENT, LLC. AND THE CITY OF DANIA BEACH TO PROVIDE FOR VARIOUS LABOR FORCES, INCLUDING, BUT NOT LIMITED TO SCHOOL CROSSING GUARD SERVICES, WITH APPROPRIATE CERTIFICATIONS; CONFIRMING THAT SPECIAL CONDITIONS DO EXIST IN ORDER TO SECURE SAID SERVICES WITH STAFFING CONNECTION & ACTION LABOR MANAGEMENT, LLC.; 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 (J), provides that during unusual conditions or emergencies, the city commission may, by resolution, authorize the purchase by the city manager of designated supplies, services, equipment and materials in amounts in excess of fifteen • thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary for the City of Dania Beach to purchase School Crossing Guard Services for fiscal years 01/02 and 02/03 commencing August 26th, and including the last day of the academic school year as well as the schedule for summer school according to Broward County School District Schedule; and WHEREAS, the City Manager has determined that the initial contract with Staffing Connection and Action Labor Management, LLC. will be for one year, with the option to renew for a maximum two (2) one year periods; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the Agreement with Staffing Connection and Action Labor Management, LLC. 1 RESOLUTION NO. 2002-134 • for School Crossing Guard Services, a copy of which Agreement is attached as Exhibit "A" to this Resolution. Section 2. That the proper City Officials are authorized to execute the Agreement and the City Manager and City Attorney are authorized to make revisions to such Agreement as are deemed necessary and proper and in the best interest of the City. Section 3. - That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED U U T 7, 20 R RT H. CH ` N, R. M YOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES C ARLENEOJHNSON COMMISSIONER MIKES - YES CITY CLER VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO F RM AND CORRECTNESS: r BY: TH MAS J.` NSBRO CITY ATTORNEY 2 RESOLUTION NO. 2002-134 AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND STAFFING CONNECTION/ ACTION LABOR MANAGEMENT, LLC FOR SCHOOL CROSSING GUARDS THIS AGREEMENT, made as of , 2002, by and between the City of Dania Beach, Bro d County, Florida, a municipal corporation organized and existing under the laws of the State of Florida and STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC. WITNES SETH: WHEREAS, the City of Dania Beach is desirous of providing for the satisfaction of its school crossing guard program through an independent labor contract agreement; and WHEREAS, STAFFING CONNECTION & ACTION LABOR 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; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. SCHOOL CROSSING GUARDS: STAFFING CONNECTION & ACTION LABOR shall provide the school crossing guard and supervisory services necessary to satisfy the requirements of the City of Dania Beach School Crossing Guard Program. STAFFING CONNECTION/ ACTION LABOR (hereinafter known as SCG) shall provide the following minimum personnel, at the locations and during the time herein described, for the consideration hereinafter set forth: A (a) number of guards and rate - 8-10 guards@ $11.97 P/H (b) number of supervisory personnel — 1 supervisor The City of Dania Beach reserves the right to require more or less crossing guard services upon (3) days' written notice, specifying its needs. Schedule and locations of services are described in Exhibit A. Z. DUTY HOURS; DUTY LOCATIONS: STAFFING CONNECTION & ACTION LABOR shall provide the personnel described above during school hours and at all posts as deemed necessary by the school board and the City of Dania Beach. The City of Dania Beach 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. 3. CONSIDERATION: STAFFING CONNECTION & ACTION LABOR shall be compensated for the services provided hereunder in accordance with the hourly rate set forth in paragraph 1. STAFFING CONNECTION AND ACTION LABOR 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. Staffing Connection and Action Labor is being retained as an Independent Contractor and acknowledges this agreement does not create any employment relationship with the city. The City of Dania Beach shall bear no responsibility for any such charges, fees, permits, and the like associated with the employment of such personnel. STAFFING CONNNECTION & ACTION LABOR acknowledges that the City of Dania Beach is contracting for the full crossing guard services for the hours and at the described posts as stated in the contract. This agreement requires that qualified personnel service be at each post during the prescribed post hours. w 4. TRAINING AND SUPERVISION: STAFFING CONNECTION & ACTION LABOR shall be responsible for furnishing the training and certification of each of the personnel set forth in Paragraph 1 (a). STAFFING CONNECTION & ACTION LABOR represents that is a qualified trainer and shall provide personnel meeting these training and certification standards required pursuant to Section 234.302, Florida Statutes. No person lacking such certification shall be provided to The City of Dania Beach hereunder by STAFFING CONNECTION /ACTION LABOR. STAFFING CONNECTION /ACTION LABOR shall have, at all times during the term hereof, at its ready disposal, backup Personnel. The City of Dania Beach shall pay the rate as set forth in Paragraph 1 for actual training and retraining of applicable personnel. STAFFING CONNECTION/ACTION LABOR will provide the services • as set forth in Exhibit B. 5. UNIFORM: The City of Dania Beach will turn over all equipment after inventory to STAFFING CONNECTION/ACTION LABOR for continued usage. All personnel shall wear dark slacks, skirts or shorts and a white top with appropriate identification badge. At all times during the performance of their duties all personnel shall dress in a clean and neat manner. STAFFING CONNECTION/ACTION LABOR will assume equipment replacement responsibility as needed. 6. COMPORTMENT; CHANGE OF PERSONNEL: At all times when such personnel are working in the City of Dania Beach whether or not on duty, such personnel shall comport themselves in a manner which will not bring disrespect upon the City of Dania Beach or STAFFING CONNECTION/ACTION LABOR, or call into question the competence or demeanor of such person relative to the performance of the School Crossing Guard Service, which, by its nature, requires such personnel to come into contact with minors. The City of Dania Beach reserves the right to require the change of any personnel upon not 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. a 7. DUTY ROSTER: STAFFING CONNECTION & ACTION LABOR shall provide the City of Dania Beach with the names of each personnel, and the location of such individual's post location. Such roster shall be provided on a weekly basis as of Friday of the week preceding. 8. TERM: T is agreement shall commence on the Day of 2002, and include the period from the Commencement Date through/16 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 Broward County School District, for the remaining part of the school year. The initial contract will be for one year, with the option to renew for a maximum of two (2) one year periods. All terms and conditions shall remain firm for the initial contract period. • Option to renew should be provided in writing pursuant to the notice provision 30 days prior to end of the contract period. 9. BILLING: STAFFING CONNECTION & ACTION LABOR shall provide an invoice to the City of Dania Beach on a weekly basis, and the same shall be satisfied within (30) days. 10.TERMINATION: Either party may terminate this agreement on written notice, provided that the services hereunder shall not be terminated until (30) days subsequent to the date of such written notice. I LINSURANCE: STAFFING CONNECTION & ACTION LABOR shall provide liability insurance coverage, written with such insurance carriers as the City of Dania Beach shall reasonably approve, for personal Injury and property damage. Comprehensive General Liability Insurance must be written on the comprehensive form of policy. The policy must contain minimum limits of liability as follows or $1,000,000 Combined Single Limit; Bodily Injury of$1,000,000and Property Damage of$500,000 each occurrence. Employer's Liability Insurance required $1,000,000, Workers Compensation Insurance statutory requirements. 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 are members of the Florida Guaranty Fund. All required policies of insurance shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least 30 calendar days written notice has been given to the city by certified mail. STAFFING CONNECTION/ACTION LABOR shall submit prior to commencement of any work, a Certificate of Insurance showing the City of Dania Beach as additional insured. 12. ATTORNEY'S FEES: It is hereby understood and agreed that in the event any lawsuit in the judicial system is brought to enforce compliance with this agreement or interpret same, the non-prevailing party shall pay the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. a • 13. INDEMNIFICATION: STAFFING CONNECTION/ACTION LABOR agrees to indemnify, defend and save harmless the City, its officers, agents, and employees, from and against any and all liability, claims, demands, or damages, caused by a negligent act or omission, misfeasance, or malfeasance of STAFFING CONNECTION/ACTION LABOR its agents, servants, or employees, including fines, fees, expenses, penalties, or suit proceedings, actions and costs of action, and attorney's fees for trial and on appeal, of any kind and nature arising or growing out of the actions of STAFFING CONNECTION/ACTION LABOR connected with the performance of this agreement, whether by act or omission of STAFFING CONNECTION/ACTION LABOR its agents, servants, employees or others; unless said claim for liability is caused by the negligence, misfeasance or malfeasance of the city or its agents or employees. 14. NON-ASSIGNABILITY: This agreement or any portion hereof shall not be assigned or transferred by either party without the written consent of the other party. 15. CONSTRUCTION: This agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Broward County, Florida. 16. 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. 17. 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. 18. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. 19. NOTICES: Except as provided above, whenever either party desires to or must 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: CITY: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 WITH A COPY TO: Thomas J. Ansbro, City Attorney Weiss Serota Helfinan Pastoriza & Guedes 3107 Stirling Road, Suite 300 Ft. Lauderdale, Fl. 33312 STAFFING CONNECTION: Carole S. Greenich, Manager 1280 South Powerline Road 923 Pompano Beach, Fl. 33069 a 20. In the event of any conflict between any provisions of this agreement and any provisions in the exhibits hereto, the parties agree that the provisions of this agreement are controlling. (This space left intentionally blank) A IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY OF DANIA BEACH, FLORIDA ATTEST: BY: ayor - Commiss ner Charlene Jo son, City Clerk APPROVED AS Tp LEGAL SUFFICIENCY: i Thomas J. Ansbro, City Attorney Tian Fato, City Manager Signed, sealed and delivered in the STAFFING CONNECTION/ presence of: ACTION LABOR Witness BY: // K�ar HGover,17fesii4ent and CEO Print Name B Witness Print Name EXHIBIT A Schedule and Locations of Service #of Guards (SCHOOL LOCATION IDUTY11ME per post COLLINS NW 10TH CT&NW 7:00-8:0D AM& ELEMENTARY 2ND ST 1145-2:25 PM 1 COLLINS NW 10TH CT-&NW 17:00-8:00 AM& ELEMENTARY 1ST ST 11.45-2:45 PM 1 COLLINS ELEMENTARY 0 REQUIRED GUARDS 1 z DANIA SE 2ND AVE&SE 11:00-8:00 AM 8 ELEMENTARY 3RD TERRACE 11:45-2:25 PM 1 DANIA US 1/SW 3RD ST&7:00-8:00 AM& ELEWNTARY USi/SW ATH ST 1:45-225 PM 1 DANIA ELEMENTARY REQUIRED GUARDS 2 US I/SW 73TH ST OLSEN &US l/SW 1dTH 8:15-7:15 AM& MIDDLE - ST. _._ I2:00-3.00 PM 1 MEN MIDDLE dx REQUIRED GUARDS 1 STERLING SW 40TH AVE& 7:00-8:00 AM& ELEMENTARY SW 54T-H CT �2:00-3:00 PM 1 STERLING STIRLING RD& I7:00-8:00 AM& ELEMENTARY SW 58TH AVE 2:D0-3:00 PM' 2` STERLING ELEMENTARY� REQUIRED GUARDS S TOTAL,S OF GUARDS EMPLOYED BY CRY B All times are regular scheduled school days. See 2002-2003 School Calendar I City of Dania Beach 2002-2003 School Year A * w ff 1 2 q 4 5 6 1 2 3 4 5 6 J82 g 9 117 10 11 12 13 7 8 �_ 10 11 12 13 5 16 18 19 20 '�4 15 16 17 :w . 19 123124 25 26 27 21 22 23124125 6 27 9 30130128 29 30 31 V OF 2 3 4 5 6 4 5 6 7 8 . 9 10 .' , ._ = 12 13 6 7 8 9 10 12 14 .. 16 17 18 19 20 13 14 16 17 18 19 20 21 22 21 22 23 25 26 27 27 28 29 30 31 IWIEFfed 1 2 13 4 3 4 5 6 3 14 5 6 7 7 8 9 10 70 11 13 14 10 11 12 13114 18 19 20 21 17 18 19 20 21 , 22 23 . 25 24 25 26 271281 25 := 27 28 28 29130 Employee Planning (no school for students) Y IF _ Schools 8 Administrative offices closed 1 2 Schools closed 5 6 7 8 9 2 3 4 5 6 12 13t 15 161 9 10 11 12 `~ Report cards issued 19 2® 21 22 23 16 17 18 19 2® Early Release day 27 28 29 L 30 24 25 26 ' First 8 last day of school i 2 „ EXHIBIT B On-going... Promote a referral bonus program for SCCT employees to help recruit new individuals for open positions. All employees will be offered a low cost, employee-paid health, dental, prescription and He insurance plan. All employees, upon reaching certain minimum hour requirements,_wih be awarded a vacation pay bonus by SCCr. Training/operations... SCG will facilitate on going training. Sessions to be held weekly until all • guards are trained, then as required for all new personnel hired. Carole Greenich and Barbara Damico arc certified crossing guard trainers. SCG will administer all necessary crossing guard regulatory forms and other paperwork as required by the State of Florida. After January 1, 2003, institute annual retraining course. Assure that all supervisors are State Certified by the Florida Department of Transportation:. Each City of DAMA 13EACH school crossing guard will be issued a STAFFING ING CONNECTTON/SCG name tag to be worn while on their respective post assignment. ` An SCG Supervisor will be responsible for verifying all posts are covered each day and that all guar.ds are on their posts for the required time period'. An SCCr Liaison manager will travel with the supervisor on a established periodic basis to each post to assure that policies and procedures are being followed. Aa SCG Liaison manager will meet with all crossing guard supervisors weekly to verify accurate reporting of time and address any issues that have arisen. All SCG employees will be offered a vacation pay plan and reasonable priced employee paid health, dental and life insurance plan. All SCG employees wi ie'covered by STAFFTNG CONNECTION'S , liability and worker's compensation insurances. ASAP implementation... Upon approval of contract, STAFFING CONNECTION will: Obtain all names, addresses and phone numbers of frill time and substitute school crossing guards: • welcoming letter and introduction package and mail to all names Create a e coming p provided. Commit to an SCG office location for reception, registration, orientation and management of the City of UANIA BEACH school crossing guard program 13c& background and reference checks on all newly registered and hired guards. Ensure that all crossing guards have been trained to the "Florida School Crossing Guard Training Guidelines". Send letter of introduction to each school's principal so a reference can be on hand for any teacher, parent or Resource Officer who wish to contact us. Prepare recruiting ads and flyers and make available at each school for those who might be interested in a school crossing guard position. Begin extensive recruiting campaign, including presentations at condo and homeowner's associations, local print advertising and use of other medium to assure a complete workforce is in place prior to the new school year. 2 On your part... A primaiy contact person will need to be Identified who can help with situations which require immediate attention. Use of existing equipment:with inventory done by City.of DAN[A BEACH. Re�ilacernent of new equipment:wilI betat the expensa of:STAF ING CONK FCTION'.. � 3