HomeMy WebLinkAboutR-2009-128 Staffing Connection Crossing Guard Extension RESOLUTION NO. 2009-128
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE
CURRENT AGREEMENT WITH STAFFFING CONNECTION/ACTION
LABOR MANAGEMENT, LLC, FOR A PERIOD OF TWO YEARS, FOR AN
AMOUNT NOT TO EXCEED $74,000.00 PER YEAR TO PROVIDE SCHOOL
CROSSING GUARD STAFFING SERVICES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a Contract was entered into between the City and Staffing
Connection/Action Labor Management, LLC on July 10, 2006 as authorized under Resolution
2006-099; and
WHEREAS, such agreement provided for a two year extension of the original contract
term of three years; and
WHEREAS, the City Manager has determined that it is advantageous for the City of
Dania Beach to extend the existing contract and continue to utilize Staffing Connection/Action
Labor Management, LLC for school crossing guard staffing services for a period of two years
with a possible extension for an additional two years, beginning and effective with the 2009-
2010 school year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to extend the agreement as
provided above with Staffing Connection/Action Labor Management, LLC for school crossing
guard staffing services, a copy of which is attached and identified as Exhibit"A".
Section 2. That the contracted bill rate will be $12.58 hourly for an amount not to
exceed $74,000 per year; funding will be derived from the General Fund.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper and in the best interest of the
City.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on July 28, 2009.
0, G.z�
ANNE CASTRO
MAYOR—COMMISSIONER
ATTEST: Is
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LOUISE STILSON, CMC
CITY CLERK
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APPROVED AST ORM AND CORRECTNESS:
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THOMA9 J. ANSBRO
CITY ATTORNEY
2 RESOLUTION #2009-128
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND STAFFING
CONNECTION AND ACTION LABOR MANAGEMENT, LLC
FOR SCHOOL CROSSING GUARDS
THIS AGREEMENT, made as of -4-c-ei /P 2006, by and between the
CITY OF DANIA BEACH ("City"), a lorida icipal corporation and STAFFING
CONNECTION/ACTION LABOR MANAGEMENT, LC, a Florida limited liability company
("Company").
WHEREAS, City is desirous of providing for the satisfaction of its school crossing guard
program through an independent labor contract agreement; and
WHEREAS, Company is in the business of providing various labor forces, including,
but not limited to school crossing guard services, with appropriate certifications;and
WHEREAS, the parties are desirous of providing for the terms of their Agreement;
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
1. Services:
Company shall provide the school crossing guard and supervisory services necessary to
satisfy the requirements of the City's School Crossing Guard Program. Company shall provide
the following minimum personnel, at the locations and during the time described in this
Agreement, for the consideration set forth below:
(a) number of guards: 11 guards
(b) number of supervisory personnel: 1
(c) bill rate: $12.58 per hour
The City reserves the right to require more or less crossing guard services upon three(3)
days' written notice, specifying its needs. In no case during the tern of this Agreement shall the
cost to the City exceed$78,000.00 in any one year.
2. Duty Hours: Duty Locations:
Company shall provide the personnel described above during the school hours and at a]
posts as deemed necessary by the school board and the City. The City has the right to change the
duty hours, as well as duty locations, by written directive, which shall become effective on the
date set forth in such written directive, provided that such date shall not be sooner than three (3)
business days from the date of the written directive.
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Company shall give all current guards with the City the first opportunity to remain and
become employees of the Company, based on their previous performance record, as discussed
with the City.
3. Consideration:
Company shall be compensated for the services provided under this Agreement in
accordance with the hourly rate set forth in paragraph 1. Company shall be solely responsible for
and shall provide for the payment of Workers' Compensation insurance coverage and premiums,
withholding taxes,FICA, benefits, if any, all remunerations, all labor contract compliance and all
other charges. Company is being retained as an independent contractor and acknowledges and
agrees that this Agreement does not create any employment relationship with the City. The City
shall bear no responsibility for any such charges, fees, permits and the like associated with the
employment of such personnel.
Company acknowledges and agrees that City is contracting for the full crossing guard
services for the hours and at the described posts as stated in this Agreement. This Agreement
requires that qualified personnel service be at each post during the prescribed post hours.
Company will conduct a criminal history check and provide drug testing, to identify
prospective personnel for hire.
4. Trainine and Supervision:
Company shall be responsible for furnishing the training and certification of each of the
personnel set forth in paragraph 1. Company represents that it is a qualified trainer and shall
provide personnel meeting these training and certification standards required pursuant to Section
234.302, Florida Statutes. All crossing guards shall be retrained on a yearly basis for four (4)
hours. No person lacking such certification shall be provided to the City by Company. Company
shall have, at all times during the term of this Agreement, at its ready disposal,backup personnel.
The City shall pay the rate as set forth in this Agreement, for actual training and retraining of
applicable personnel.
5. Uniforms:
All personnel shall wear dark slacks, skirts or shorts and a white top with appropriate
photo ID badges. At all times during the performance of their duties, all personnel shall dress in
a clean and neat manner. Company will assume equipment replacement responsibility as needed.
6. Comportment: Change of Personnel:
At all times when such personnel are working for Company whether or not on duty, such
personnel shall comport themselves in a manner which will not bring disrespect upon the City or
Company, or call into question the competence or demeanor of such person relative to the
performance of school crossing guard service, which, by its nature, requires such personnel to
come into contact with minors. The City reserves the right to require the change of any personnel
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upon no less than three (3) business days' written notice, setting forth the name of the person to
be replaced or in the absence of a name, the description and the location of the post location.
7. Duty Roster:
Company shall provide the City with the names of all personnel and the location of all
individuals' post locations. Such roster shall be provided on a weekly basis as of Friday of the
week preceding.
8. Term:
This Agreement shall commence on ;&C VZ�r 94 , 2006, and include the period
from the commencement date through the last day of the academic school year, according to the
Broward County School District schedule, as well as the schedule for summer school, according
to the City for the remaining part of the school year. The initial contract will be for three (3)
years, with the option of City to renew for a maximum of two (2) one-year periods. Option to
renew shall be provided in writing pursuant to the notice provision thirty (30) days prior to end
of the contract period.
9. Billine:
Company shall provide an invoice to the City on a weekly basis and the same shall be
satisfied within thirty(30)days.
10. Termination:
Either party may terminate this Agreement on written notice, provided that the services
under this Agreement shall not be terminated until thirty(30)days subsequent to the date of such
written notice.
11. Insurance•
Company shall provide,pay for and maintain in force at all times during the term of this
Agreement, such insurance, including professional liability insurance, Workers' Compensation
insurance and comprehensive general liability insurance as stated below:
A. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws, for the benefit of the Company's
employees and Employer's Liability Insurance with a limit of
$1,000,000.00.
B. Comprehensive general liability insurance, including contractual, with
minimum limits of One Million Dollars ($1,000,000.00) per occurrence,
combined single limit for bodily injury liability and property damage
liability. The City is to be included as an "additional insured"with respect
to any claims arising out of this Agreement.
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C. If Company hires a subcontractor for any portion of any work, then such
subcontractor shall provide professional liability insurance with minimum
limits of liability of One Million Dollars ($1,000,000.00).
D. The Company shall provide the Risk Manager of the City Certificates of
Insurance for coverages and policies required by this Agreement. All
certificates shall state that the City shall be given thirty(30) days' advance
notice prior to expiration or cancellation of any policy. Such policies and
coverages shall not be affected by any other policy of insurance which the
City may carry in its own name. All insurance policies must be issued by
companies authorized to do business under the laws of the state of Florida.
The companies must be rated no less than "B+"as to management and no
less than "Class V"as to strength by the latest edition of Best's Insurance
guide, published by A.M. Best Company, Olwick, New Jersey or its
equivalent, or the companies must hold a valid Florida Certificate of
Authority as shown in the latest "List of All Insurance Companies
Authorized or Approved to do Business in Florida," issued by the State of
Florida Department of Insurance and shall be members of the Florida
Guaranty Fund.
12. Notices:
Except as provided above, whenever either party desires to give notice to the other, it
must be given by written notice, sent by certified U.S. mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified and the place for giving
of notice in compliance with the provisions of this paragraph. For the present, the parties
designate the following as the respective persons and places for giving of notice:
City: Mary McDonald, Human Resources Director/Risk Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro,City Attorney
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Consultant: Carole S. Greenich,Manager
1280 South Powerline Road#25
Pompano Beach, FL 33069
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13. Indemnification:
Company agrees to indemnify, defend and hold harmless the City, its officers, agents and
employees from and against any and all liability, claims, demands or damages caused by any
negligent act or omission, misfeasance, or malfeasance of Company, its agents, servants or
employees, including fines, fees, expenses, penalties or suit proceedings, actions and causes of
action and attorney fees for trial and on appeal, of any kind and nature arising or growing out of
the actions or inactions of Company connected with the performance of this Agreement, whether
by act or omission of Company its agents, servants, employees or others, unless the claim for
liability is caused by the sole negligence, misfeasance or malfeasance of the City or its agents or
employees.
14. Attorney Fees:
Should any dispute arise under this Agreement, the prevailing party shall be entitled to
recover all costs, expenses and attorney fees incurred by the prevailing party in such dispute,
whether or not suit be brought, and such right shall include all of such costs, expenses and
attorney fees through all appeals or other actions.
15. Non-assienability:
This Agreement or any portion of it shall not be assigned or transferred by either party
without the advance written consent of the other party.
16. Construction:
This Agreement and the terms in it shall be construed in accordance with the laws of the
state of Florida and venue for all actions in a court of competent jurisdiction shall lie in Broward
County,Florida.
17. Joint Preparation:
The preparation of this Agreement has been a joint effort of the parties, and the resulting
document shall not, solely as a matter of judicial construction, be construed more severely
against one of the parties than the other. It is the parties' further intention that this Agreement be
construed liberally to achieve its intent.
18. Counterparts:
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which shall constitute one and the same Agreement.
19. Exhibits:
All exhibits attached to this Agreement or mentioned in it which contain additional terms
shall be deemed incorporated by this reference.
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20. Conflicts:
In the event of any conflict between any provisions of this Agreement and any provisions
in the exhibits attached to it, the parties agree that the provisions of this Agreement are
controlling.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
CITY:
CITY OF DANIA BEACH,
a Florida Municipal Corporation
ATTEST:
AUISE STIISON, CMC PATRICIA FLURY
/fe -11VC— CITY CLERK MAYOR '
IV ATO, TY MANAGER
APPROVED FOR FORM
AND CORRECTN SS:
THO A J. A SERO
CITY ATTORNEY
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WITNESSES: COMPANY:
STAFFING CONNECTION/ACTION
LABOR, LLC, a Florid ' ited It ility
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Signature en o er, Presi enU
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