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R-2002-134
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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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, 200 . i R B RT H. CHVJNN,'JR. M YOR — COMMISSIONER • ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES C ARLENE J HNSON COMMISSIONER MIKES - YES CITY CLER VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO F M AND CORRECTNESS: BY: I A Rl�' TH M ,S fJ. NSBRO CITY ATTORNEY 2 RESOLUTION NO. 2002-134 FLORIDA September 12, 2002 Ms. Carole S. Greenich, Manager 1280 South Powerline Road #23 Pompano Beach, FL. 33069 RE: AGREEMENT BETWEEN STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC AND THE CITY OF DANIA BEACH RELATING TO THE SCHOOL CROSSING GUARD PROGRAM Dear Ms. Greenich: ' On August 27, 2002, the Dania Beach City Commission adopted • Resolution No. 2002-134 approving the above agreement, a copy of which is attached. We are enclosing an original of the agreement for your records and we have retained two originals in our files. If you have any questions on this agreement, please contact Mary McDonald, Administrative Services Director, at 954-924-3630. Sincerely, 4r ne o n on City Clerk CJ/mn Enclosures "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND STAFFING CONNECTION/ ACTION LABOR MANAGEMENT, LLC FOR SCHOOL CROSSING GUARDS THIS AGREEMENT, made as of a ua d-i , 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. WITNESSETH: 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) 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. 2. 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. n a 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 I (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. 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 �-7 Day of CjW'AtU4 2002, and include the period from the Commencement Date through e 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 • IL INSURANCE: 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,OOOand 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. 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. i 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 Helfman Pastoriza & Guedes 3107 Stirling Road, Suite 300 Ft. Lauderdale, Fl. 33312 STAFFING CONNECTION: Carole S. Greenich, Manager 1280 South Powerline Road 423 Pompano Beach, Fl. 33069 h 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) 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: ' BY: ( �,. iThomas J. ,Xnsbro, City Attorney Tan Pato, City Manager Signed, sealed and delivered in the STAFFING CONNECTION/ presence of. ACTION LABOR BY. Witness �~ BY. / Kar Hover, resi-d t and CEO Print Name B Witness Print Name EXHIBIT A Schedule and Locations of Service #of Guairds jSCNOOL LDCAT1oN DUTYTIME per post COLLINS NW 10TH CT&NW T:00-8:00 AM'& ELEMENTARY 2ND ST' . 1.45-2.25 PM 1 COLLINS NW 10T CCT&NW IT:00.8:00 AM& ELEMENTARY 1ST ST 1 1:45-2:45 PM 1 COLLINS ELEMENTARY 0 REQUIRED GUARDS Z DANIA SE 2ND AVE&SE 17:00-8:00 AM& ELEMENTARY 3RD TERRACE (1;45-2:25 PM... 1 DANIA US 1/SW 3RD ST&7:00-B:OD'AM& EMMENTARY USi/SW 4TH ST 1:45-2:25 PM- DANIA ELEMENTARY # REQUIR GUARDS 2. ED us vSW 13TH ST OLSEN &US i/SW 14TH 6:15'-7;15 AM& MIDDLE ST. 12:00-3:00 PM. 1 OLSEN MIDDLE N ++ 1 REQUIRED GUARDS I STERLING SW 40TH AVE& T:00 8 00 AM& ELEMENTARY SW 64TN CT, 2:00'-3:00 PM' 1 STERLING . ,. STIRLING RD& 7:00-SM AM.& ELEMENTARY SW 56TH AVE 2:00-3;00 pM 2 STERLING ELEMENTARY 1111 1 REQUIRED GUARDS . TOTAL#OF GUARDS I 8 EMPLOYED BY CRY i I A I limes are regular scheduled school days. See 2002-2003 School Calendar j City of Dania Beach 2002-2003 School Year �1iUs7� TEINBEROROBER tee¢ �r m�mmm�m ; -mmmm mmmm . m ED NOrEMBER lit lSNl1�lRY �00 �0000 Ul- ............ IEM � � �' ._ .. Fes; �€� ��R�L�•,, ���'.- . FEBRII �RY 0 MEACM..- 0000'0. ON 0 nowBMW- nnumn M.Mmmm mmmmm 1 1. m�M�Y¢�`Y�,r ,�-�" �,e^:ee a5$q� )t�NE� .f � $h K£p< I. 1 •1 1 I. µs 3 I.©.DENEE s Noon, mulmom m non m snoul 1 1 } I •1 I• EXHIBIT B On-going... Promote a referral bonus program for SCG employees to help recruit new individuals for open positions. r All employees will be offered a low cost, employee-paid health, dental, prescription and life insurance plan. All employees, upon reaching certain minimum hour requirements,will a , be awarded a vacation pay bonus by SCG- Training/operations... SCCr will facilitate on going training. Sessions to be heldweekly until all guards are trained, then as required for all new personnel hired. Carole Greenich and Barbara Damico arc certi[ied crossing guard trainers. 4 S �E SCG will administer all necessary crossing guard regulatory forms and other qi paperwork as required by the State of Florida. After January 1, 2003, institute annual retraining course. Assure that all f supervisors are State Certified by the Florida Department of Transportation: Each City of DANIA 13EACH school crossing guard will be issued a STAI "INC CONNECTION/SCUT name tag to be worn while on their respective post assignment. ` An SCG Supervisor will be responsible for veri fying all posts are covered each day and that all guards 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. An SCG Liaison manager will meet with all crossing guard supervisors weekly to verify accurate reporting of time and address any issues that have arisen. 1 All SCG employees will be offered a vacation pay plan and reasonable priced employee paid health, dental and li fle insurance plan. All SCG employees will be'covcred'by`STAFFTNG CONNCCTION''S Iiability and worker's compensation insurances. ASAP implementation... Upon approval of contract, STAFFII�IG CONNECTION will: Obtain all names, addresses and phone numbers of frill time and substitute....' school crossing guards: Create a welcoming letter and introduction package and mail to all names provided. Commit to an SCG office location for reception, registration, prienfation and rn uagemcnt of the City of IaA.NIA BEACH school crossing ward program I.ic& background and reference checks on all newly registered and hired guards. Ensure that all crossing guards have been trained it) 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 primary contact perso n wfll need to be identified who can help with situations which requlreimmediate'attention Use old Busting equipment with inventory done by City of DANTA BEACH Replacement of new eqWntnent will be ii the,expense of TAFI~ING CONNFC;.TION 3 ACTION! PLAN FOR CROSSING GUARDS FOR CITY OF DANIA BEACH UPON NOTIFICATION OF CONTRACT: A) Obtain from CITY Or DANIA BEACH (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 DANIA BEACH Crossing Guards to set appointments for registration with STAFFING CONNECTION/ACTION LABOR GUARD DI vgSION. C) Do background and reference checks on all newly registered School Crossing Guards lured through STAFFIl'►iG CONNECTION. AND ACTION LABOR. D) Recruit within T1W, CITY OF DANIA BEACH 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-S25.00 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 '!'raining; Guidelines" before post assignment. 1) Facilitate School Crossing Guard 'Training as required by i "tlorida School Crossing Guard Training Guidelines", sessions to be held weekly until all guards are trained. 4 2) Maintain School Crossing Guard Training as required for all new personnel hired, scheduled on an "as need basis." 3) After January V'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. ph NOTIFICATION TO SCk1UOLS: A) Send letter of introduction/notification to each school principal, advising who the contact person is at STAFFING CONNECTION/ACTION LABOR. 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. SC:FIUOL CROSSING GUARD MAINTENANCE: A) Each CITY OF DANIA BEACH School Crossing Guards will be issued an STAFFING CONNECTION/ACTION LABOR 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) A STAFFING CONNECTION/ACTION LABOR 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. 5 I ,i . . I,. . . . . � . I I I� : . I �I . � I . I I .1 .... . . I I � ,:: I I .. . I. 0,I:-�� . . : . �� � - � . , . 1 . U) A.STA-FFINC CONNE,CT[ON/ACTION LABOR School Crossing Guard Liaison will meet with the;Crossing Guard 5upervisor on a weeny basis;°to verify time is,bei.n re ot'ted'Corrcctly and be h P.. pro activ to any situations th`�tt may art e. �, ti h' "- -�:': l F .:. :.� _ . .I- .. ... 1. . .. ., 0 .... t I ...I 1,.. . . . .... .-.: .. ... . .i :. ... . ... .. .. / 0 .. . 6 . EXPLANATION AS TO WHO' STAFFING C"ONN'ECTION/ACTION LABOR IS QIJAI41FIED TO PERFORM CROSSING GUARD SERVICES FOR TIE CITY OF DANIA BEACH. STAFFING CONNECTION/ACTION LABOR is extremely qualified i:o do CROSSING GUARD SERVICES as they have the highly qualified team o#'CAROLE S. GREENTC�11 AND BARBARA DAMICO, who currently handle (13) city contracts throughout Broward, Dade, Palm Beach and Lee Counties. Both CAROLS GREENICH AND BAR13ARA DAMICO are STATE CER'I'IF]ID 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. 'l .4 DEDICATION and COMNffTMF1NT when, dealing with human lives on a daily basis,is superior to none. STAFFING CONNECTION/ACTION LABOR 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 GTIARD, avoiding open corners, Whore in a moments notice, a tragedy could occur. Accessibility to both CAROLE S. GREENTCH and 13AR13ARA DAM ICO 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 off record, CAROLE GREFNiCH AND BARBARA DAMICO provide CROSSING GITARD SERVICES TO THE CITIES OF TAMARAC, POMPANO, I..AUDERDALE LAKES, LAUDERHILL, COCONUT CREEK, OAKLAND PARK, NORTH LAUDERDALE) SUNRISE, LEE COUNTY SIIERLIT'S DEPARTMENT, PALM BEACH GARDENS AND HOMESTEAD. As of July 2002, this division is in negotiations with 11 additional cities throughout Florida, for Crossing Guard Services and the following cities have been secured- DANIlL 13EACH rLND BOYNTON BEACH. 7 STAFFING CONNECTION/ACTION LABOR was founded in 1986 ley Ms. Karen !Hoover in Gainesville, Florida, to provide reliable temporary labor for diverse industries. The company has steadily grown to over twenty: off ces, located throughout the Southeastern United States and Puerto Rico. Thousands of employees are successfully placed with our satisfied customers each month, making STAFFING CONINECTION/ACTION LABOR a major force in the temporary staffing industry. We are first in the Meld in Safety Training, providing Safety incentive Bonuses and, exceptional Temporary Employee Benefits. STAFFING CONNECTION/ACTION LABOR has received inany honors and awards, and has been featured in regional publications such as the SOUi'Ii FLORTDA BtJSTNLSS JOURNAL, FLORIDA TREND MAGAZINE AND WORKTNG WOMAN'S MAGAZINE. We actively participate in community organizations and charities, helping to promote faii and honest employment practices. STAFFING CONNECTION/ACTION LABOR 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: role in providing a sound Safety and 11calth Program, and for ensuring its effectiveness in maintaining safe working conditions. STAFFING CONNECTION/ACTION LABOR 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. 8 J INFORMATION PERTINENT TO CONTRACT SERVICES FOR SCHOOL CROSSING GUARDS-THE CITV OF DANIA BEAC11 1. WILL CURRENT GUARDS BE ABSORBED BY STAFFING CONNECTION/ACTION LABOR? All current guards will be given the first opportunity to remain' and become employees of STAFFING CONNEC'TION'AND ACTION LABOR. We would also value any input from THE CITY OF DANIA, BEACH regarding exceptional guards that might be used in a supervisory capacity. 2. WHO WILL PROVIDE THE 'TRAINING OF THE GUARDS? CAROLE S. GREENICH, MANAGER AND BARBARA DAMICO, RECRUITMENT SPECIALIST, are Florida Department of Transportation Certified Crossing Guard Trainers, and conduct all formal training of new and present crossing guards. 3. WHO WOULD PROVIDE LIABILITY AND WORKMEN'S COMPENSATION I-NSURANCE:? STAFFING CONNECTION/ACTION LABOR will provide LIABILTTY AND WORKMEN'S COWENSATON as we do' in other cities. THE CITY OF DANIA BEACH will be named as an additional insured. 9 4. 1S THERE COVERAGE IN TILE EVENT A GITA.RD DLD NOT SHOW FOR A POST? A supervisor will be provided for all guards to report directly to. This allows STAFFING CONNECTION/ACTION I.10OR to control on a day to day basis the attendance/punctuality of all guards. We will have at least fire (5) substitutes available at all times and the supervisors will also be available to fill in where needed. Each guard will have the supervisor's phone number and STAFFING CONNECTION/ACTION LABOR has a twenty-four hour answering service, in the event a guard has a problem during non-working hours. ow- 5. WHO W®1JLI) THE CONTACT PERSON BE AT STAFFING CONNECTION/ACTION LABOR FOR PROBLEMS? CAROL {' S.GREENICH AND BARBARA DAMTCO. We currently receive support from either the Police Service Section . or Code Enforcement from all contracted cities. We would expect a contact person from THE CITY OF DANIA BEACH to be available for any needs that may arise. 6. WOULD SiTMER SCHOOL COVERAGE BE PROVIDED? - Currently all contracts cover summer school and would apply to THE CITY OF DANIA BEACH if applicable. 10 7. HOW WOtJLD THE PAY SCREDUIX WORK? All employees are paid on a weekly basis upon submission.of,a group time sheet by the supervisor. All time sheets must be into our office on Friday at 5:00 P.M. $. WHAT WOULD BE THE BILLING TERMS FOR'THE CITY? STAFFING CONEC.TION/ACTION LABOR accounting department works very closely with each city on any invoicing problems that may occur. ALL INVOICES ARE BILLED ON A WEEKLY BASIS AND PAYMENT IS EXPEL iEI3 ` AT LEAST TWICE A MONTH. All cities adhere to this schedule. 9. WHAT WOULD BE THE LENGTH OF THE CONTRACT? This would be up Lo the discretion of THE CITY OF DANIA BFACH. Contracts range from three years with two, one year renewals or one year with, two-three year renewals. . 11 M k;ETING KEQLTIREM ENTS: EQUIPMENT: STAFFING CONNECTION/ACTION LABOR DOES 'NOT PROVIDE TNITIAL EQUIPME-N"T TO CROSSING GUARDS. CURRENTLY 1N ALL CI'1'iES STAFFED, WE ARE USING THE CTJIZRT3NT EQUIPMENT CONSISTINC7 OP STOP SIGN, WHISTLE AND REGULATION VEST. WE WOULD APPRECIATE THE SAME COURTESY LXTENDED TU ITS FROM THE CITY OF DANIA BEACIL SIPERVISOR: A SUPERVISOR WILL BE PICKED FROM THE CURRENT GROUP OF CROSSIl�G ("7tlARDS, AFTER CONSULTATION WITH THF, Hi.TMAN RESOURCE DEPARTMENT. THE SUPERVISOR WTLLBE TN CHARGE OF GETTING THL TIME SLTPS SIGNED ON A DAILY BASIS, CHECKING ALL TITIs POSTS AND FILLING TN AT A MOMENTS NOTICE, IF NECESSARY. THE SUPERVISOR WILL REPORT TO BARBARA DAMICO EVERY FRII)AY MORNTNG 'I'O FINALIZE THE WEEKS ACTTVITIES. THE SUPERVISOR WILL BE PAID FOR 11DDITTONAL HOURS A DAY ANT) 'fl1E CrIJARI�S WILL BE PAID FOR ACTUAL HOURS WORKED PER DAY. TN ALL CITIES WE CURRENTLY STAFF, TIIE SUPERVISORS ARE PAID FOR ADDITIONAL HOURS AND BILLED TO THE CITY ACCORDINGLY. THE SUPERVISORS AREA VIr;RY VALTJABLE ASSET TO THE CITY AND TO STAFFING CONNECTION/ACTION LABOR AND ARE WORTH HISMER WETCTHT IN GOLD, WE CURRENTLY HAVE 17 SEASONED AND EXCELT.HNT SUPERVTSORS IN OUR CURRENT CONTRACTED CITIES. SUBSTITUTIONS: STAFFING CONNECTION/ACTION LABOR.WILL HAVE SUHSTITU"1''E GUARDS IN ADUITION'TO THE'SUPERVTSOR, AT ALL TTM ES, TO 'F LL TN SHOULD'i'I'BECOME NECESSARY. PAYRO LL: ALL CHECKS WIt.I,BE PROCESSED WEEKLY AND AVAILABLE FOR.MATL EVERY 'FIL DAY. INVOICES: ALL IN VUICES WILL BIB; MAILET) ON A WE,EK.LY BASIS TO 'T'1 IE HUMAN RESOURCE DEPARTMENT WITH A COPY OF 'rHE-TiT1� SHEETS ATTACHED. BADGES: STAFFING CONNECT IONIACTION LABOR.CROSSTNG GIJARDS. WILL HAVE BADGES TO WEAR, TTlAT WILT, iDENTFY WHO TI IEY ARE TO TILE CHTLDREN, PARENTS AND TEACIIERS, WIJILE ON THEIR RESPECTIVE POSTS. INSURANCE: ALI. GUARDS WILL BE COVERED BY STAFFING CONNECTION/ACTION LABOR LIABILITY AND WORKMAN'S COMPENSATION TNSURANCF,: 13 TRAINING: ALL TRAINING WILL BE DONE BY CAROLS CiREENTCIi AND BARf3ARADAMICO CERTTFltD CROSSiNC GUARD TRA.INLRS, UNLESS THE INDIVIDUAL CITIES DESIRE TO DO THEIR OWN TRATN TNG ACCORDING TO STATE REQUTRF.MIs"NTS ALL PAPER WORK REQUIRED BY THE STA'1'F OF FLORIDA WILL BrCOMPLETED BY STAFFING CONNECg'ION/ACTION LA130N GUARDS WILL BE TRAINED ON "SCHOOL CLOSED DAYS"11ND PAID AT TIIEIR REGULAR RATE AND BILLED TO THE CITIES nS REGULAR SCHOOL WORK. G DAYS. CONTACT PERSON: • AS IN ALL CONTRACTED CITIES, A CONTRACT PERSON NE�,US TO BE ME AS A HELP DESK TYPE PERSON TO CALL, iT SITUATIONS ARISE FOR INFORMATION PURPOSES. 14 _ AGENDA REQUEST FORM 00" 7 aff CITY OF DANIA BEACH = s AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: E,Z-� l JZ 2. DESCRIPTION OF AGENDA ITEM: .00nn 'f 3. COMMISSION ACTION BEING REQUESTED: Adopt Resolution or Ordinance ❑ Expenditure ❑ Award Bid/RFP Presentation ❑ General approval of item Continued from meeting ❑ Other(please explain) ❑ 4. SUMMARY EXPLANATION & BACKGROUND: , UI�SU�►'C,c� � � Ci�6sst.� � �sti�-G,��-- ��U�� f--��c�(,�--rt.�av��--� 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): 6) C M+K, Cam" (z) J31 4 G Lf,t Q--r� sr (3) ✓ vim �rr� �, 6. FOR PURCHASING REQUESTS ONLY: 4-r� 7. Amount: Fund: GENERAL:0 WATER: ❑ SEWER: ❑ STORMWATER: ❑ Account name: ,f%1 d1nCA 5EK4 teo Account#: ( )i -I 3-- 0,560 Finance Director Approval: Date: 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: OCC-" d 23/2� - Submitted by: Date �/ i � c t Adminis rative Services/Risk Management Date Department Director Date City Manager Date INVITATION TO BID SCHOOL CROSSING GUARD SERVICES BID #200214 — 5/29/02 — FY BID OPENING: MAY 29, 2002 / 10:00 A.M. .4, f 0 � For information contact.- Brian O'Connor, Director of Purchasing City of Homestead — Purchasing Department 790 North Homestead Boulevard Homestead, FL 33030-6299 DATE ISSUED: 4/30/02 •, SCHOOL CROSSING GUARD SERVICES BID #200214—MAY 29, 2002 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: The City of Homestead ("City") will. receive sealed bids for a "SCHOOL CROSSING GUARD SERVICES" FOR THE CITY OF HOMESTEAD no later than 10:00 A.M., WEDNESDAY, MAY 29, 2002, or any time prior thereto at the City Clerk, City Hall, 790 North Homestead Boulevard, Homestead, Florida 33030-6299. Original copy of Bid Form as well as any other pertinent documents must:be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title. Telegraphic bids will not be accepted. Bids received after the closing time and date, for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be decided in the favor of the City of Homestead. fffacsimile idder fax machine may obtain the complete bid package by calling our automated system at (305) 247-1801, ext. 225, and following the recorded instructions. Be prepared to fax number and the Document Number of the bid being requested. Bid tabulations will be posted as they become available on our automated.facsimile system. Please follow the above instructions and request Document Number 1200214. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning an original copy of Bid Form, marking it "No laid," and explain the reason. Repeated failure to bid without sufficient Justification shall be cause for removal of a supplier's name from the bid mailing list. NOTE: A bidder,to qualify as a respondent, must submit a"no bid"and same must be received no later than the stated bid opening date and hour. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. . destination, freight prepaid(unless otherwise stated in special conditions). Discounts for prompt payment: Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). City of Homestead—Bid#200214--5/29/02 2 1.4.1 TAXES: The City of Homestead is exempt from all Federal Excise and State taxes. The applicable tax exemption number is show on the Purchase Order. 1.4.2 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.4.3 CONDITIONS AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.4.4 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid,all manufactured items and fabricated assemblies shall be UL listed or re-examination listing where such has been established by UL for the item(s)offered and furnished. 1.4.5 BIDDER'S CONDITIONS: The City Council reserves the right to accept all, any, or none, of the bids submitted, waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Homestead, FL. The City Council also reserves the right to make award of the bid on the basis of the total bid, or groups of items, or on an item basis, whichever is in the best interest of the City of Homestead,FL. Bid prices should be submitted with the understanding that the City of Homestead is not authorized to pay service charges,which may be imposed due to the late payment of an invoice,which has become delinquent. 1.5 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED ' WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.6 AMERICAN MADE: The City Council of Homestead, acting in session on June 20, 1983, adopted, Resolution No. 83-06-21 • which states, "That it is the intent and policy of the City Council of the-City of Homestead, Florida, that the needs of the City of Homestead for supplies, materials and equipment be met using only those supplies, materials and equipment manufactured in the United States of America when same are available City of Homestead—Bid#200214-5/29/02 3 and when the price of same and the bid of same is consistent with the bidding procedures of the City Code of the City of Homestead." 1.7 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Items delivered,not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.8 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated„ samples should be delivered to the Purchasing Department, 450 S.E. 6th Avenue,Homestead, FL,or mailed to 790 N. Homestead Boulevard, Homestead, FL 33030-6299. 1.9 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery • time may become a basis for making an award. Delivery shall be within the normal working hours of the user,Monday through Friday, excluding holidays. 1.10 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Purchasing Director, 790 N. Homestead Boulevard, Homestead, FL 33030; Fax: (305) 246-3244. 1.11 AWARDS: In the best interest of the City of Homestead, the City Council reserves the right to reject all bids or any portion of any bid they deem necessary for the best interest of the City, to accept any item or group of items unless qualified by the bidder, to acquire additional quantities at prices quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Form must be noted "BID IS FOR SPECIFIED QUANTITY ONLY." All awards made as a result of this bid shall conform to applicable Florida Statutes. 1.12 BID OPENING: Bids shall be opened and publicly read in the Council Chambers, 790 N. Homestead Boulevard, Homestead, FL 33030-6299,on the date and at the time specified on the Bid Form. All bids received after that time shall be returned,unopened. 1.13 INSPECTION,ACCEPTANCE& TITLE: Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage results from negligence by the buyer. If the materials or services supplied to the City are found to be defective or to not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. City of Homestead—Bid#200214--5/29/02 4 • 1.14 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected and found to comply with award specifications,free of damage or defect and properly invoiced. 1.15 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder,the decision of the buyer shall be final and binding on both parties. 1.16 LEGAL REQUIREMENTS: Federal, state, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply.Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.17 PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Homestead, Florida.and its employees from liability of any nature or kind, including cost and expenses for, or on. account of, any copyrighted, patented, or unpatented invention,process,or article manufactured or used in the performance of the contract, including its use by The City of Homestead, Florida. If the bidder uses any design,device or materials covered by letters, patent, or copyright,it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 1.18 OSHA: The bidder warrants that the product supplied to the City of Homestead,Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970,as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.19 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.20 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race,color,religion, sex or national origin. 1.21 QUALITY: All materials used for the manufacture or construction of any supplies,materials or equipment covered by this bid shall be new.The items bid must be new,the latest model,of the best quality,and highest grade workmanship. 1.22 LIABILITY,INSURANCE,LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Homestead property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami-Dade County and City of Homestead building requirements and the South Florida Building Code.The bidder shall be liable for any damages or loss to the city occasioned by negligence of the bidder(or agent)or any person the bidder has designed in the completion of the contract as a result of his or her bid. 1.23 BID BONDS, PERFORMANCE BONDS,CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a Performance Bond and Certificate of insurance in the amount specified in Special Conditions. City of Homestead—Bid#200214—5/29/02 5 W-1.24 DEFAULT: In the event of default on a contract, the successful bidder shall pay all attorneys' fees and court costs incurred in collecting;any liquidated damages. 1.25 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Purchasing Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Council for immediate cancellation. The City Council of Homestead,Florida reserves the right to terminate any contract;resulting from this invitation at any time and for any reason,upon giving thirty(30)days prior written notice to the other party. 1.26 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Homestead, 790 N. Homestead Boulevard, Homestead, FL 33030-6299. 1.27 NOTE TO VENDORS DELIVERING TO WAREHOUSE: Receiving hours are Monday through Friday, excluding holidays, from 7:30 A.M. to 4:30 P.M. The warehouse is located.at 450 S.E. 6 Avenue,Homestead, FL. 1.28 SUBSTITUTIONS: The City of Homestead, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.29 FACILITIES: The City Council reserves the right to conduct site visits to Contractor's business location(s) at any time with prior notice and/or may request that Contractor participate in live presentations. The selection of a contractor may be based wholly or in part upon the results of site visits or live presentations. 1.30 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped enveloped with the bid. 1.31 PROTESTS,APPEALS AND DISPUTES: A contract may not be awarded to the Bidder, unless the bid tabulation is posted in the Purchasing Department, 450 S.E. 6 Avenue,Homestead,Florida,ten(10)working days prior to the scheduled award by the City Council. Protests must be submitted in writing to the Purchasing Director no later than five (5) working days prior to scheduled award by the City Council. Should the matter not be resolved to the satisfaction of the Bidder,the appeal shall be heard by the City Council. The Purchasing Director shall act as the City's representative, in the issuance and administration of all contracts, and shall issue and receive all documents,notices,and all correspondence.Any documentation not issued.by or received by the Purchasing Director shall be null and void. All costs accruing from a bid or award challenged as to quality, etc. (test, etc.) shall be assumed by the challenger. The decision of the City Council shall be final and conclusive. Their decision shall be binding on all parties concerned, reviewable by a court of competent jurisdiction in Miami-Dade County,in accordance with laws of the State of Florida. 1.32 DISCLAIMER: The City Council of the City of Homestead may, in its sole and absolute discretion, accept or reject, in whole or in part, for any reason whatsoever any or all Bids; re-advertise this Bid; postpone or cancel at any time this Bid process; or, waive any formalities of or irregularities in the bidding process. Bids that are not submitted on time and/or do not conform to the City of Homestead's requirements will not be considered. After all bids are analyzed, organization submitting bids that appear, solely in the opinion of City of Homestead—Bid#200214—5/29/02 6 the City of Homestead, to be the most competitive, shall be submitted to the City of Homestead's City Council, and the final selection will be made shortly thereafter with a timetable set solely by-the City of Homestead. The selection by the City of Homestead shall be based on the bid, which is, in the sole opinion of the City Council of the City of Homestead, in the best interest of the City of Homestead. The issuance of this bid constitutes only an invitation to make presentations to the City of Homestead. The City of Homestead reserves the right to determine, at its sole discretion, whether any aspect of the bid satisfies the criteria established in this Bid. In all cases the City of Homestead shall have no liability to any contractor for any costs or expense, incurred in connection with this bid or otherwise. 1.33 EVIDENCE: The submission of a Bid shall be prima facie evidence that the Contractor is familiar with and agrees to comply with the contents of this Bid Project. 1.34 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the: City of Homestead Purchasing Director at least fifteen (15) calendar days prior to scheduled bid opening, a request for clarifications. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretations of the Bid, if made, will be made only by Addendum duly issued by the City of Homestead Purchasing Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The city shall issue a formal Addendum if substantial changes, which impact the technical submission of Bids, are required. A copy of such Addendum will be mailed to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other contract documents to the extent specified. Subsequent Addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing the Addendum and including it with the Bid Proposal. Failure of a bidder to include a signed formal Addendum in its Bid Proposal shall deem its Bid non-responsive provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.35 DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms, which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the-industry and as determined by the City of Homestead. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized 0 . representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplied to the City through the designated City of Homestead—Bid#200214--5/29/02 7 • representative. Any conflicts between this material information provided by the source of supply and the information contained in.the Bidder's Proposal may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.36 AWARD OF CONTRACT: A) The contract will be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Solicitation, is most advantageous to the City of Homestead. The lowest responsive, responsible Bidder(s) will be determined in conjunction with the method of award, which is described in the Special Conditions. Tie Bids will be decided as described in Special Conditions. B) The City shall award a contract to a Bidder through action taken by the City of Homestead City Council at a duly authorized meeting. This action shall be administratively supported by a written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful Bidder; which shall constitute a binding contract without further action by either party. C) The General Terms and Conditions,the Special Conditions,the Technical Specifications,the Bidder's • Proposal and the Purchase Order are collectively an integral part of the contract between the City of Homestead and the successful Bidder. D) While the City of Homestead City Council may determine to award a contract to a Bidder(s) under this Solicitation, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The Bidder shall be in default of the contractual obligations if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default,the City,through the Purchasing Director,will void its acceptance of the Bidder's offer and may determine to accept the offer from the second lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future. Bids for a period of one year. E) The Term of the; Contract shall be stipulated in the Purchase Order, which is issued to the successful Bidder(s). Where there is a conflict between the contractual period stipulated in the Solicitation and the contractual period stipulated on the Purchase Order, the Purchase Order shall prevail. If the contract involves a single shipment of goods to the City, the contract term shall be concluded upon completion of expressed and implied warranty periods. F) The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period provided that such option is stipulated in the Special Conditions. If the City exercises the right in writing, the bidder shall update and submit any legal documents required during the initial Solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. These documents, which are specified in the Special Conditions and include, but:are not limited to, insurance certificates and performance bonds, must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City may rescind its option, declare the Bidder to be in default of its contractual obligations and award to the next low bidder or seek a new Bid Solicitation. The City City of Homestead—Bid#20,0214—5/29/02 8 may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess cost sustained and/or may prohibit the Bidder from submitting the future Bids for a period of one year. G) The City reserves the right to automatically extend this contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to this Bid Form, the Bidder hereby acknowledges and agrees to this right. 1.37 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Homestead. 1.38 LAWS,PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.39 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Purchasing, has certified its use to be cost effective and in the best interest of the state. Contractors have the option of selling these • commodities or services certified by the Division to the other State agencies at the agencies option. 1.40 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be "Spot Market Purchased"may be purchased by other methods, i.e. Federal, State or local contracts. 1.41 SUNSHINE LAW: As a political subdivision, the City of Homestead is subject to the Florida Sunshine Act and Public Records Law. By submitting a Bid, Contractor acknowledges that the materials submitted with the Bid and the results of the City of Homestead's evaluation are open to public inspection upon proper request. Contractor should take special note of this as it relates to proprietary information that might be included in its Bid. 1.42 CONE OF SILENCE: Notwithstanding any other provision of these specifications,the provisions of Section 2.11.1 "Conflict of Interest and Code of Ethics Ordinance," as set forth in subsection (t) "Cone of Silence," of the Miami- Dade County Code are applicable to this purchase transaction. The "Cone of Silence" prohibits the following activities: 1.42.1 Any communication regarding this Bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the City's professional staff including, but not limited to, the City Manager, and his or her staff,and 1.42.2 Any communication regarding this Bid between the Mayor, City Council members or their respective staffs and any member of the City's professional staff including but not :limited to,the City Manager and his or her staff. City of Homestead—Bid#200214—5/29/02 9 1.42.3 The prohibitions do :not apply to communications with the City ?attorney and his or her staff. Further,the "Cone of Silence" shall not be applicable to duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation. 1.42.4 The "Cone of Silence" is imposed upon this Bid after the advertisement of said Bid. The "Cone of Silence"shall terminate at the time that the City Manager makes his or her written recommendation to the City Council., unless the Council refers the Manager's recommendation back to the Manager or staff for further review. 1.42.5 The"Cone of Silence"shall not apply to: 1. oral communications at pre-bid conferences; 2. oral presentations before selection committees; 3. contractt negotiation during any duly noticed public meeting; 4. public presentations made to the City Council during any duly noticed public meeting; or 5. communications made in writing at any time to a City employee, official or member of the City Council,unless specifically prohibited by the Bid Documents.The bidder or proposer shall file a copy of any such written communication with the City Clerk. The City Clerk shall make copies available to any person upon.request. 1.42.6 Please contact the City ALttorney for any questions concerning"Cone of Silence" compliance. City of Homestead--Bid#200214--5/29/02 10 SCHOOL CROSSING GUARD SERVICES BUD #200214—MAY 29, 2002 2.0 SPECIAL CONDITIONS: 2.1 PURPOSE: The purpose of this Bid is to establish a contract, by means of sealed bids, for School Crossing Guard Services as specified herein, from a source(s)of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: Labor rates shall be guaranteed to the City from May 1, 2002 through September 30, 2004. Orders will be placed to vendors on an as-needed basis to meet City usage requirements. Orders will be placed to vendors on an as-needed basis to meet City usage requirements. Providing the successful bidder will agree to maintain the same terms and conditions of the current contract, this contract could be extended for an additional two (2) years, on a year to year basis, if mutually agreed upon by both parties. 2.3 METHOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible bidder whose bid will be most advantageous to the City of Homestead. Bidder must bid on all items listed on Bid Form to qualify for award of the contract. Bid will be awarded on an all or nothing basis. 10 2.4 PAYMENT: All bid prices must be F.O.B. destination,freight prepaid Homestead, Florida with delivery to the location specified at the time of order. Invoices for payment will be submitted on a twice monthly basis for the duration of the contract. Invoices will be subject to verification and approval by Homestead Police Department's Chief Al Rolle or his designee. All invoices MUST reflect the name of the employee, hours worked, pay rate and bill rate as well as have copies of the employees time sheets attached. 2.5 RESPONSE TIME: Vendors shall specify on the attached Bid Form the estimated response time necessary to get crews working after receipt of order. The response time should be your best estimate, as orders will be placed based on that information. 2.6 AIDDITIONS/DELETIONS OF FACILITIES/PERSONNEL: The City of Homestead reserves the right, by mutual written agreement, to add additional personnel to this contract,maintaining the same terms, conditions and price. Although this Solicitation identifies specific facilities to be serviced.by a specific number of personnel, it is hereby agreed and understood that other facilities may be added/deleted to/from this contract at the option of the City. When an addition to the contract is required, successful bidder(s) under this contract shall be invited to submit price quotes for these new facilities. If these quotes are comparable with prices offered for similar services, the award(s) shall be made to the lowest responsible bidder(s) meeting • specifications in the best interest of the City and a separate purchase order shall be issued by the'City. City of Homestead—Bid#200214—5/29/02 11 • 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided however,that the bidder may ofer incentive discounts from this fixed price to the City at any time during the contractual term. 2.8 PRE-BID CONFERENCE: A non-mandatory pre-bid conference will be held on WEDNESDAY, MAY 22, 2002 at 10:00 A.M., EST in the City Hall Council Chambers, 790 North Homestead Boulevard, Homestead Florida. Only contractors attending this conference will be allowed to bid. At that conference all work will be discussed and all questions answered. No questions will be answered except at the pre-bid conference. You may submit questions in writing to be received at least three (3) days prior to the pre-bid conference to: Brian O'Connor, Purchasing Director, City of Homestead, 790 N. :Homestead Boulevard, Homestead, FL 33030;phone: (305) 247-1801, ext. 148;fax: (305)246-3244. 2.9 INSURANCE: Bidders must submit with their bid,proof of insurance meeting or exceeding the following requirements: 2.9.1 Workmen's Compensation Insurance—statutory requirement. 2.9.2 Employer's Liability Insurance-- $1,000,000. 2.9.3 Comprehensive General Liability Insurance—This coverage must be written on the comprehensive form of policy. The basic policy form is not acceptable. The policy must contain minimum limits of liability as follows or$1,000,000 Combined Single Limit. Bodily Injury: $1,000,000; Property Damage: $500,000 each occurrence. 2.9.4 Comprehensive Automobile Liability Insurance— This coverage must be written on the comprehensive form of policy. The basic form is not acceptable. The policy must contain minimum limits of liability as follows or$1,000,000 Combined Single Limit. $1,000,000 each person; $1,000,000 each occurrence bodily injury; $500,000 each occurrence property damage; The policy must provide coverage for non-owned and hired automobiles. 2.9.5 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. The successful bidder must submit, prior to commencement of any work, a Certificate of Insurance showing the City of Homestead as additional insured. 2.10 INDEMNIFICATION: The bidder shall agree to indemnify 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 the bidder, 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, and any kind and nature arising or growing out of the actions of the bidder connected with the performance of the agreement, whether by act or omission of the bidder; its agents, servants, employees City of Homestead—Bid 4200214--5/29102 12 or others; unless said claim for liability is caused by the negligence, misfeasance or malfeasance of the City or its agents or employees. 2.11 CONTACT PERSON: For any additional information regarding the specifications and requirements of this bid, contact: Lynn Hockmuth at(305) 247-1801,ext. 223. 2.12 SAMPLES:N/A 2.13 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Purchasing Department, 790 North Homestead Boulevard, Homestead, Florida 33030; fax: (305) 246-3244. The bid title and number shall be referenced on all correspondence. All questions must be received no later than fifteen (15) calendar days prior to the scheduled bid opening date. All responses to questions will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL.BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.14 TIE BIDS: Whenever two or more Bids which 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 is 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: 2.14.1 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 action that will be taken against:employees for violations of such prohibition. 2.14.2 Inform employees about the dangers of drug abuse in the workplace,the business' 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. 2.14.3 Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection(1). 2.14.4 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 than five(5)days after such conviction. 2.14.5 Impose a sanction 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. 2.14.6 Make a good faith effort to continue to maintain a drug-free workplace through :implementation of this section. is2.15 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes 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 City of Homestead—Bid#200214—5/29/02 13 submit bids on leases, or real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor,or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 2.16 BID/PERFORMANCE BOND: N/A 2.17 SPOT MARKETING PRICING:N/A 2.18 PROPERTY. Property owned by the City of Homestead is the responsibility of the City of Homestead. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Homestead. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Homestead shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value:, less depreciation of the property if any. 2.19 LIQUIDATED DAMAGES:N/A 2.20 DISCOUNTS (From published price lists):N/A 2.21 ESTIMATIED QUANTITIES: N/A 2.22 HOURLY RATE: The hourly rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder. This rate is assumed to be at straight time for all labor, except as otherwise noted. Hourly labor rates are specified as follows: Hourly Labor Rate I — Hourly rate for straight time, i.e., during specified. times, Monday through Friday(rate is to include labor and travel, etc.). 2.23 WARRANTY:N/A 2.24 PRODUCT/CATALOG INFORMATION: N/A 2.25 REFERENCES: Each contractor must provide the City with their bid a list of references of prior experience, as well as a resume and experience of those individuals who will be assigned to this project as Project Manager and/or Project Team. 2.26 COMPLETE PROJECT REQUIRED:N/A 2.27 FACILITY LOCATION:N/A. 2.28 BID SUBMITTAL: All bids submitted shall include the completed Bid Form, PEC form, ADA Disability Nondiscrimination • Statement and all required product information and any other items as indicated on the Bid form. Bids will be considered`lion-Responsive"if the required information is not submitted by the date and time specified. City of Homestead--Bid#200214--5/29/02 14 2.29 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder; maintains a permanent place of business; has technical knowledge and practical experience included in this scope of work;has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incidental to the work; has not had just or proper claims pending against him or his work; and has tested and serviced similar type, size and complexity of such work. The evidence will consist of listing the number of school crossing guards employed for each of the last five(5)years. 2.30 LATE BIDS: The City of Homestead cannot be responsible for bids received after opening time and encourages early submittal. Late bids shall be rejected. 2.31 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form .and shall reference the section. Any exceptions to the General.or Special Conditions shall be cause for the bid to be considered non-responsive. 2.32 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND FIVE COPIES of the Bid Form, PEC form, ADA Disability Nondiscrimination Statement and all required product information and any other items as indicated on the Bid Form must be returned, properly completed, in a sealed envelope as outlined in. the first paragraph of General Conditions. 2.33 MAINTENANCE AGREEMENT:N/A 2.34 EQUAL PRODUCT:N/A 2.35 TERMINATION FOR DEFAULT: If Contractor defaults in.its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Homestead. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or(2)the Contractor's failure to perform is without :his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of.Homestead under Section 2.36. 2.36 TERMINATION FOR CONVENIENCE: The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Homestead. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of:Homestead the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Homestead shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.37 ASSIGNMENT: Contractor agrees not to enter into subcontracts,or assign,transfer,convey, sublet, or otherwise dispose of this Contract,or any or all of its right,title or interest herein,without City of Homestead's prior written consent. City of Homestead--Bid#200214—5/29/02 15 2.38 CONFIDENTIALITY: As a political subdivision, the City of Homestead is subject to the Florida Sunshine Act and Public Records Law. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 2.39 GOVERNING LAW AND VENUE: The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami-Dade County, Florida. 2.40 ATTORNEY'S FEIES: In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through and including appellate litigation and any post judgment proceedings. 2.41 NO PARTNERSHIP OR JOINT VENTURE: Nothing contained in this Contract will be deemed or construed, to create a partnership or joint venture between the: City of Homestead and Contractor, or to create any other similar relationship between the parties. 2.42 PARTIAL INVALIDITY: If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid,then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each ® provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 2.43 PROVISIONS BINDING: Except as otherwise expressly provided in this Contract, all covenants, conditions and provisions of this Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal:representatives, successors and assigns. 2.44 HEADINGS AND TERMS: The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 2.45 ENTIRE A.GRE04ENT: The contract consists of this City of Homestead Bid and specifically this Section II, Contractor's Response and any written agreement entered into by the City of Homestead and Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Bid and/or Response,then the Bid and then the Response shall control. This Contract may be modified.only by a written agreement signed by the City of Homestead and Contractor. City of Homestead--Bid#200214—5/29/02 16 SCHOOL CROSSING GUARD SERVICES BID #200214—MAY 29, 2002 3.0 MINIMUM: SPECIFICATIONS: The intent of this bid is to establish an annual 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. 3.1 COST ADJUSTMENTS: The hourly charges offered and accepted must remain firm for the duration of the initial term of the contract. Costs for any renewal term are subject to an adjustment only if there is a change in the Federal Minimum Wage Rate. Any request for a rate increase or decrease must be documented and submitted in writing to the City at least one: hundred twenty (120) days prior to the end of the current contract term. 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). 3.2 QUALIFIC'ATIONS: The Contractor is required to run a criminal background check on all employees contracted for assignment to the City of Homestead. Eligible employees shall have no felony convictions. The City of Homestead will waive the new background check requirement on City's current employees that are presently working as school crossing guards, if they gain employment with the successful Contractor without delay upon the initial provision of services by Contractor. The Contractor shall!,mandate that all employees utilized by the Contractor for the City of Homestead for school crossing guards, report gpy criminal charges brought against them immediately. The Contractor, upon receipt of such information, will immediately notify the City of Homestead. For service provided under this contract, the Contractor shall employ persons who are neat, clean, well groomed, courteous and at least twenty one (21) years of age. The Contractor must obtain written approval from the designated City representative, at City's sole discretion, for all persons to be employed as crossing,guards before such persons commence work. If requested by the City, Contractor agrees to remove any employee and substitute an acceptable person at that crossing post. Contractor is responsible for ensuring employees have completed all required training before being;assigned to work as a crossing guards. Contractor shall provide the City with a list of names, and telephone numbers, and training dates of all guards,back-up guards,and field supervisors. Changes to the list are to be provided to the City as they occur. 3.3 TIME SHEETS: The Contractor must maintain a daily time sheet with the signature of the employee on each work shift • and the location of their guard post. A copy of this log will be submitted weekly to the City. City of Homestead--Bid#200214-5/29IO2 17 3.4 INVOICES: The City will accept invoices no more frequently than once every two weeks. Each invoice shall be accompanied by a cumulative time sheet detailing all employee time logged for the invoice period as well as a copy of each individual employee's time card.The time sheet must list each guard by name,location,pay rate, bill rate and daily hours worked. 3.5 TRAINING: It shall be the responsibility of the Contractor to ensure that all persons employed as crossing guards receive and successfully complete proper training as required by law.The Contractor may perform the training with its own staff if they axe certified crossing guard trainers,or sub-contract for certified training to meet this requirement. Formal training of all crossing guards assigned to the City contract shall be conducted as per the standards and guidelines established by the State of Florida Department of Transportation, in accordance with Section 316.75, Florida. Statutes, known as the "Ramon Turnquest School Crossing Guard Act." Such training shall be conducted by certified school crossing guard trainers, as required by the Florida Department of Transportation, and consist of, at a minimum: (1) Classroom Training; (2) Field Training. The Contractor will provide at least one (1) training/re-training session per year, which shall be attended by all of the Contractor's employees assigned to work on the City contract. Any additional training, such as training of new employees throughout the school year,will be the sole responsibility of the Contractor. 3.6 SCHEDULE AND LOCATIONS OF SERVICE: It is anticipated that eight (8) school crossing guards will be required for each school day. However, this • is an estimate and the designated City representative 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 eight (8) school crossings, located within the City limits. The City reserves the right to increase or decrease the number of crossing locations to be staffed. The; Contractor shall be flexible and provide guards for the hours needed on the instructions of appropriate City personnel. At present, there will be three schools that require crossing guards.They are: Laura C. Saunders Elementary: 505 S.W. 8 Street,Homestead, FL Redondo Elementary: 18480 S.W. 304 Street,Homestead, FL West Homestead Elementary: 1550 S.W. 6 Street,Homestead, FL A minimum.of four(4)hours(which may vary)coverage daily at each school will be scheduled as follows: LAURA C.SAUNDERS ELEMENTARY 2 Crossing Guards Mon. --Tues., &Thur.—Fri. 7:00 a.m. —9:00 a.m. 1:30 p.m. — 3:30 p.m. Wednesdays 7:00 a.m. —9:00 a.m. 1:00 p.m. — 3:00 p.m. REDONDO ELEMENTARY 4 Crossin Guards Mon. --Tues., &Thur.—Fri. 7:00 a.m. —9:00 a.m. 1:30 p.m. —3:30 p.m. Wednesdays 7:00 a.m. —9:00 a.m. 1:00 p.m. -- 3:00 p.m. WEST HOMESTEAD ELEMENTARY 2 Crossing Guards • Mon. --Tues., &Thur.—Fri. 7:00 a.m. —9:00 a.m. 1:30 .m. — 3:30 .m. Wednesdays 7:00 a.m. —9:00 a.m. 1:00 m. —3:00 m. Please see maps on following pages for more detailed locations. City of Homestead--Bid#200214-—5/29/02 18 It is estimated that school crossing guard services will be required for a total of approximately 200 days per year(approximately 20 days of which will be Summer School). The Contractor will be responsible for obtaining the specific dates services will be required by obtaining the school schedule from the Miami- Dade County Public School system. A maximum of four(4)hours per school day will be paid for each guard, and six(6)hours per school day for each supervisor.l � ilrnot pay for trauung�iours. 3.7 DAILY FIELD SUIPERVISION: The Contractor shall provide one (1) experienced field supervisors overseeing the operations at all times the guards are on duty. All supervisory personnel shall be certified school crossing guards. 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. 3.8 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 his post. The Contractor shall ensure that the back-up guard is fully trained and familiar with the specific crossing location. 3.9 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 supervisor is not on 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. 3.10 EQUIPMENT: The Contractor is responsible for supplying all equipment necessary for the school crossing guards to perform their duties, to include, but not be limited to, the following equipment for each guard: a fluorescent and retro-reflective safety vest, fluorescent orange gloves, and a metal whistle. Guards are to be attired in black sneakers, black pants/skirt and a light colored shirt. Any required replacement of aged, lost or damaged equipment shall be the responsibility of the Contractor. 3.11 PHOTO IDENTIFICATION: The Contractor is :responsible for supplying all employees with photo identification, showing the Contractor's company name, and the employee's name. Crossing guards must wear their photo identification, clearly displayed,while on duty. 3.12 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 middle of June and lasts for approximately 20 school days. The Contractor will be responsible for obtaining the school calendar from Miami-Dade Public Schools. 3.13 ANNEXATION: In the event that additional areas are annexed into the City of Homestead, the Contractor shall assume responsibility for providing school crossing guard services to designated schools in the annexed areas. The services,level of service and hourly charge for services provided in an annexed area must be equal to ® the service provided within the original City limits. The Contractor will be be required to provide school crossing guard service at locations in the annexed areas, as directed by the City. The City shall provide all information regarding the additional number-of school crossing guards required as soon as the annexation City of Homestead—Bid#200214—5/29/02 22 • is approved. The City will work with the Contractor to develop a transition plan before the date upon which the expanded service will be required. 3.14 TRANSITION FROM EXISTING CONTRACT: It is the City's desire that the successful Contractor coordinate with the City's current employees to offer the persons currently employed as crossing guards first consideration for any available crossing guard work in accordance with the successful Contractor's employment terms and conditions. The City of Homestead will waive background check requirement on its employees that are currently working as :school crossing guards, if they gain employment with the successful Contractor without delay upon start up of initial services by the Contractor. • City of Homestead—Bid 4200214—5/29/02 23 AUG, 22. 2002— 2;51PM SI,ATON INS, NO, 7930 _5E{MM1DWYnacORD„ CtK I IFICA 1 r U LIABILITY INSURANCF�io!SiP. 0e 2a 02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8L&TON INSURANCE HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR .0, Box 3857 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW st Palm Beach 8Z 33402 hone:561-683-8383 Fax:561-684-5995 INSURERS AFFORPINO COVERAGE INSURED INSURER A: Lexington Insurance Co. INSURER 8: r group tioa Labor D4ans t>lmerit LLC. INSURER 0� Action Labor Staffing Co Osceola Dr Ste. 222 INSURER0: oP®at Balm Beaefi FL 33409 INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$$USJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE SEEN REOUCED BY PAID CLAIMS, ILK# TYPE OF INSURANCE POLICY NUMBER A LIMITS GENERALLIABIUTY EACH OCCURRENCE 31000000 A X COMMERCIAL GENERALLIASIUTY 1320707 01/01/02 01/01/03 FIRE DAMAGE(Am onefire) 850000 CLAIMS MADE T OCCUR MED EXP(Any one pereon) $NIL PERSONAL 4 AOV INJURY $1000000 GENERAL AGGREGATE S 2000000 GENL AGGREGATE LIMIT APPUES PER: PRODUCTS•COMPIOP AGG $100 000 0 POLICY 7 716 F7 LOC AUTOMOBILEUABIUTY COMBINED SINGLE LIMIT {1D00000 H X ANY AuTO FSR00633500 04/01/02 01/01/03 (EDfwent) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per P—M) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per eoddent)PROPERTY i ( end t S GARAGE U�UTY AUTO ONLY-EA ACCIDENT i ANY AUTO 0111ER THAN EA ACC S AUTO ONLY, AGO $ EXCESS LIABILITY EACH OCCURIIIIIINCE S OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE S RETENTION i s WORKERS COMPENSATION AND X I T"QvLIMITS IERA B EMPLOYERVLIASILITT 5BR00302101 01/01/02 01/01/03 E.L.EACH ACCIDENT $1000000 E.L.DISEASE•FRA EMKDM i 1000000 E.LDISEASE-POLICYUMIT $1000000 OTHER DESCRIPTION OF OPE SIO RATIONWLOCATIONSMWiCL$St6XCLUNS ADDEO DY ENDORSEMENTISPECIAL PROVISIONS -- Certificate holder is listed ae additional insured with r®apeets 1d,..General Liability. j AUG - , CERTIFICATE HOLDER Y ADOITIONAL INSURED;INSURER LETTER: CANCELLATION CITYDAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E"IRATION GATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _tA DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO OO$0 SHALL City of Dania BeaG.h IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 100 W. Dania Beach Blvd. REPRE$ENRA Es, Dania TL 33004 AUTHORIZED a I j ACORD 254(7197) 0ACORD CORPORATION 1988