HomeMy WebLinkAboutR-2011-085 - Authorized an Agreement Extension by Staffing Connection/Action Labor Management, LLC not to Exceed $78,000.00 per Year for School Crossing Guard Staffing Services RESOLUTION NO. 2011-085
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT EXTENSION OFFERED BY STAFFING
CONNECTION/ACTION LABOR MANAGEMENT, LLC, FOR AN AMOUNT
NOT TO EXCEED $78,000.00 PER YEAR TO PROVIDE SCHOOL
CROSSING GUARD STAFFING SERVICES; WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a school crossing guard services contract was entered into between the City
and Staffing Connection/Action Labor Management, LLC ("Staffing Connection") on July 10,
2006, as authorized under Resolution 2006-099; and
WHEREAS, City Administration has found that the contract performance for the past
five years has been responsive and acceptable to the City of Dania Beach; and
WHEREAS, Staffing Connection has offered to continue the existing contract for a
period of one year with no change to the original 2006 contract rate and, further, offers two (2)
one-year extensions of the existing contract upon agreement of both parties; and
WHEREAS, Administration recommends continuation of the existing contract to
adequately prepare for the forthcoming school year;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. The City Commission waives bidding for school crossing guard services
and authorizes the proper City officials to execute a contract extension offered by Staffing
Connection/Action Labor Management, LLC, for school crossing guard services, a copy of
which is attached and identified as Exhibit"A".
Section 2. The contracted bill rate will remain at $12.58 hourly for a total annual
amount not to exceed $78,000.00 per year; funding to be derived from the City's General Fund,
Police Department budget.
Section 3. The City Manager and City Attorney are authorized to make minor
revisions to the agreement which are deemed necessary and proper and in the best interests of
the City.
Section 4. All resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
PASSED AND ADOPTED on August 9, 2011.
PATRICIA A. FLURY
ATTEST:
S FIRST MAYOR
o�A4° ciry
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS T FORM AND LEGALITY
l
THO S B O
CITY ATTORNEY
2 RESOLUTION#2011-085
EXHIBIT"A"
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND ACTION LABOR
MANAGEMENT,LLC DB/A STAFFING CONNECTION
FOR SCHOOL CROSSING GUARDS
THIS AGREEMENT, made on , 2011, by and between the CITY
OF DANIA BEACH ("City"), a Florida municipal corporation and ACTION LABOR
MANAGEMENT, LLC DB/A STAFFING CONNECTION("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—2.5 hours per day
(b) number of supervisory personnel: 1 - 4.5 hours per day
(c) bill rate: $12.58 per hour
The City reserves the right to require more or less crossing guard services upon three (3)
days' written notice, specifying its needs. In no case during the term of this Agreement shall the
cost to the City exceed$78,000.00 in any one year.
2. Duty Hours; Duty Locations:
Company shall provide the personnel described above during the school hours and at al
posts as deemed necessary by the school board and the City. The City has the right to change the
duty hours, as well as duty locations, by written directive, which shall become effective on the
date set forth in such written directive, provided that such date shall not be sooner than three (3)
business days from the date of the written directive.
3 RESOLUTION#2011-085
Company shall give all current guards with the City the first opportunity to remain and
become employees of the Company, based on their previous performance record, as discussed
with the City.
3. Consideration:
Company shall be compensated for the services provided under this Agreement in
accordance with the hourly rate set forth in paragraph 1. Company shall be solely responsible for
and shall provide for the payment of Workers' Compensation insurance coverage and premiums,
withholding taxes,FICA, benefits, if any, all remunerations, all labor contract compliance and all
other charges. Company is being retained as an independent contractor and acknowledges and
agrees that this Agreement does not create any employment relationship with the City. The City
shall bear no responsibility for any such charges, fees, permits and the like associated with the
employment of such personnel.
Company acknowledges and agrees that City is contracting for the full crossing guard
services for the hours and at the described posts as stated in this Agreement. This Agreement
requires that qualified personnel service be at each post during the prescribed post hours.
Company will conduct a criminal history check and provide drug testing, to identify
prospective personnel for hire.
4. Training and Supervision:
Company shall be responsible for furnishing the training and certification of each of the
personnel set forth in paragraph 1. Company represents that it is a qualified trainer and shall
provide personnel meeting these training and certification standards required pursuant to Section
234.302, Florida Statutes. All crossing guards shall be retrained on a yearly basis for four (4)
hours. No person lacking such certification shall be provided to the City by Company. Company
shall have, at all times during the term of this Agreement, at its ready disposal,backup personnel.
The City shall pay the rate as set forth in this Agreement, for actual training and retraining of
applicable personnel.
5. Uniforms:
All personnel shall wear dark slacks, skirts or shorts and a white top with appropriate
photo ID badges. At all times during the performance of their duties, all personnel shall dress in
a clean and neat manner. Company will assume equipment replacement responsibility as needed.
6. Comportment; Change of Personnel:
At all times when such personnel are working for Company whether or not on duty, such
personnel shall comport themselves in a manner which will not bring disrespect upon the City or
Company, or call into question the competence or demeanor of such person relative to the
performance of school crossing guard service, which, by its nature, requires such personnel to
4 RESOLUTION#2011-085
come into contact with minors. The City reserves the right to require the change of any personnel
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 August 11, 2011, and include the period from the
commencement date through the last day of the academic 2011-2012 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
one (1) year, with the option of City to renew for a maximum of two (2) one-year extensions.
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,
5 RESOLUTION#2011-085
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.
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 Cityshall i '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: Jackie Beauzil,Human Resources/Risk Manager
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
Consultants: Karen Hoover,President
6555 North Powerline Road, Suite 306
Fort Lauderdale, Florida 33309
6 RESOLUTION#2011-085
Sharron Cook, Branch Manager
6555 North Powerline Road, Suite 306
Fort Lauderdale, Florida 33309
13. Indemnification:
A. Consultant agrees to indemnify and hold harmless the City for all costs,
losses and expenses including, but not limited to, damages to persons or property including, but
not limited to,judgments and attorneys' fees arising out of the negligent acts, errors or omissions
or the willful misconduct of the Consultant, its agents, servants or employees in the performance
of services under this Agreement. If called upon by the City, the Consultant shall assume and
defend not only itself, but also the City, in connection with any suit or cause of action arising out
of the foregoing, and such defense shall be at no cost or expense whatsoever to the City. This
indemnification does not extend to acts of third parties who or which are wholly unrelated to
Consultant. The covenants and representations relating to this indemnification provision shall
survive the term of this Agreement and continue in full force and effect as to Consultant's
responsibility to indemnify the City.
B. It is specifically understood and agreed that the consideration inuring to
the Consultant for the execution of this Agreement consists of the promises, payments,
covenants, rights and responsibilities contained in this Agreement.
C. The execution of this Agreement by the Consultant shall obligate the
Consultant to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth below.
14. Attornev Fees:
Should any dispute arise under this Agreement, the prevailing party shall be entitled to
recover all costs, expenses and attorney fees incurred by the prevailing party in such dispute,
whether or not suit be brought, and such right shall include all of such costs, expenses and
attorney fees through all appeals or other actions.
15. Non-assignability:
This Agreement or any portion of it shall not be assigned or transferred by either party
without the advance written consent of the other party.
16. Construction:
This Agreement and the terms in it shall be construed in accordance with the laws of the
state of Florida and venue for all actions in a court of competent jurisdiction shall lie in Broward
County,Florida.
17. Joint Preparation:
7 RESOLUTION#2011-085
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.
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:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
r
ROBERT BALDWIN
CITY MANAGER
8 RESOLUTION#2011-085
APPROVED FOR FORM
AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
9 RESOLUTION#2011-085
WITNESSES: COMPANY:
ACTION LABOR MANAGEMENT OF
FLORIDA, LLC DB/A STAFFING
CONNECTION
Signature KAREN HOOVER
PRESIDENT
Print Name
Signature
Print Name
10 RESOLUTION#2011-085