HomeMy WebLinkAboutR-2014-057 - Executed an Agreement with Staffing Connection, Inc. for a period of Three Years not to exceed $119,257.40 for School Crossing Guard Services; waiving bidding & without Ads for Bidding RESOLUTION NO. 2014-057
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH STAFFING CONNECTION, INC. FOR A
PERIOD OF THREE YEARS IN AN AMOUNT NOT TO EXCEED
$119,257.40 PER YEAR, TO PROVIDE SCHOOL CROSSING GUARD
STAFFING SERVICES; WAIVING COMPETITIVE BIDDING AND
AUTHORIZING CITY OFFICIALS TO PROCEED WITHOUT
ADVERTISEMENTS FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and
materials
e als for the City government in amounts in excess of the established monetary threshold
without competitive bidding and without advertisement for bids if he is authorized to do so in
advance by a resolution adopted by the City Commission; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
"Monetary thresholds for certain purchases and payment disbursement authorizations",
Subsection(a), set the monetary threshold or limitation at$25,000.00; and
WHEREAS, the City Manager has determined that it is advantageous for the City of
Dania Beach to continue to utilize Staffing Connection, Inc. for school crossing guard staffing
services, which services the City has used for a number of years; and
WHEREAS, the City Manager has determined that such services can best be obtained
with Staffing Connection, Inc., under the City of North Bay Village Request for Proposals
("RFP")No. NBV 2013-002, a copy of which is attached as Exhibit"A", and made a part of and
incorporated into this Resolution by this reference; and
WHEREAS, the City's current contract rate per hour is twelve dollars and fifty-eight
cents ($12.58), and Staffing Connection, Inc. has agreed to and shall maintain the same rate for
the City of Dania Beach for a period of three years, beginning with school year 2014-2015 up to
and through the 2016-2017 school year (i.e., until June, 2017), and the City has the option to
renew the Agreement for one (1)renewal period consisting of two(2) school years; and
WHEREAS, the City Charter provides that competitive bids and advertisements for bids
are not required if a purchase is made pursuant to a competitive bid obtained within the last
i
eighteen (18) months by other governmental agencies such as the federal government, state of
Florida or a Florida municipality or county;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing recitals are true and they are incorporated into this
Resolution by this reference.
Section 2. That the City Commission of the City of Dania Beach authorizes the
proper City officials to execute an agreement with Staffing Connection, Inc. for school crossing
guard staffing services, a copy of which Agreement is attached as Exhibit `B", and made a part
of and incorporated into this Resolution by this reference.
Section 3. That the contracted billing rate per hour will be twelve dollars and fifty-
eight cents ($12.58) for an amount not to exceed $119,258.40 per year for a period of three
years, beginning with school year 2014-2015 up to and through the 2016-2017 school year (i.e.,
until June, 2017), and the City has the option to renew the Agreement for one (1)renewal period
consisting of two (2) school years.
Section 4. That funding for the school crossing guard staffing services was planned
and is available in the City's Annual General Fund, Police Department budget appropriation in
Contractual Services Account, Account No. 001-21-01-521-34-10.
Section 5. 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 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
2 RESOLUTION#2014-057
Section 7. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on July 22, 2014.
ATTEST: IS F1�tsr
LOUISE STILSON, CMC W TER B. DUKE, III
CITY CLERK MAYOR
APPROVED AS T FORM AND CORRECTNESS:
i
THOMAS ANS RO
CITY ATTORNE
3 RESOLUTION#2014-057
North Bay Village, Florida
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REQUEST FOR PROPOSALS
FOR
SCHOOL CROSSING GUARDS
RFP NO.NBV 2013-002
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SEALED PROPOSALS WILL BE RECEIVED BY THE VILLAGE CLERK,
1666 KENNEDY CAUSEWAY,SUITE 300,NORTH BAY VILLAGE,FL 33141
ON OR BEFORE DECEMBER 30,2013
North Bay Village, Florida
Request for Proposals No. NBV 2013-002
Page 0
Table of Contents
Section 1 Request for Proposals Notice ...............................................................2
Section 2 Introduction/Information .....................................................................5
Section 3 General Conditions ..........................................................................6
Section 4 Special Conditions .........................................................................12
Section 5 Technical Specifications/Scope of Services ............................................19
Section 6 Consideration for Award/Award Procedures ...........................................25
Section 7 Requirements of the Proposal .............................................................27
Section 8 Technical Proposal .........................................................................28
Section 9 Cone of Silence .............................................................................30
Section 10 Qualification Forms ......................................................................33
Section11 Contract ....................................................................................54
ExhibitA.................................................................................................63
ExhibitB.................................................................................................64
Page 11
SECTION 1 -REQUEST FOR PROPOSAL NOTICE
NORTH BAY VILLAGE
REQUEST FOR PROPOSALS
SCHOOL CROSSING GUARDS
RFP NO.NBV 2013-002
Public Notice is hereby given that North Bay Village, Florida is soliciting proposals from
qualified companies to provide School Crossing Guards within North Bay Village, Florida.
Sealed Responses clearly labeled with the RFP title and number must be received by mail
or hand delivered on or before December 30, 2013 no later than 2:00 p.m. local time at
which time they will be publicly opened. Late submittals and facsimile submissions will not be
considered. The respondent shall bear all costs associated with the preparation and submission
of the submittal documents.
Respondents must submit an original unbound package, six(6)additional copies, and one(1) CD
ROM to the Office of the Village Clerk,North Bay Village, 1666 Kennedy Causeway, Suite 300,
North Bay Village, Florida 33141.
Copies of this Proposal Document may be obtained at DemandStar by Onvia at
www.demandstar.com., at the Village Administrative Offices, 1666 Kennedy Causeway, Suite
300, North Bay Village, Florida 33141 from 9:00 a.m. to 4:00 p.m., Monday through Friday, or
by emailing yyonne.hamiltonnnbvilla ems.
The Village reserves the right at any time to modify, waive or otherwise vary the terms and
conditions of the bid including but not limited to deadlines for submission, submission
requirements, informalities or irregularities in any submittal, and the Scope of Work. The Village
further reserves the right to reject any or all submittals,to cancel or withdraw this bid at any time
or take any other such actions that may be deemed in the best interest of the Village, to award in
whole or in part to one or more respondents, or take any other such actions that may be deemed
in the best interest of the Village.
Pursuant to Section 38.18 of the Village Code, "Ethics Ordinance", a Cone of Silence is hereby
imposed whereby any communications between any potential bidder, service provider, lobbyist
or consultant and the Village's staff and elected officials pertaining to this bid are prohibited.
Yvonne P. Hamilton, CMC
Village Clerk
Page 12
BID/PROPOSAL SIGNATURE PAGE
How to submit bids/proposals:
It will be the sole responsibility of the Bidder to ensure that the bid reaches North Bay Village,
Village Hall, 1666 Kennedy Causeway, Suite 300, North Bay Village, Florida, 33141, prior to
the bid opening date and time listed. Bids/proposals submitted by email will NOT be accepted.
Proposal security in the form of cash, cashier's check, or bid bond made payable to North Bay
Village in the amount of$2,500.00 will be required to be submitted with the Proposal package in
a separate marked envelope.
The below signed hereby agrees to furnish the following article(s) or services at the price(s) and
terms stated subject to all instructions, conditions, specifications addenda, legal advertisement,
and conditions contained in the bid. I have read all attachments including the specifications and
fully understand what is required. By submitting this signed proposal, I will accept a contract, if
approved by the Village and such acceptance covers all terms, conditions, and specifications of
this bid/proposal.
Submitted
by:
(Signature) (Date)
Name (printed)
Title:
Company: (Legal
Registration)
CONTRACTOR,IF FOREIGN CORPORATION,SHALL BE REQUIRED TO OBTAIN
A CERTIFICATE OF AUTHORITY FROM THE DEPARTMENT OF STATE,IN
ACCORDANCE WITH FLORIDA STATUTE §607.1501 (visit
http://www.dos.state.fl.us/doc/).
Address:
City: State:
Zip Code:
Telephone No.
FAX No.
E-MAIL:
Delivery: Calendar days after receipt of Purchase Order:
Payment Terms : Total Bid Discount :
Page 13
VARIANCES: State any variations to specifications, terms and conditions in the space provided
below or reference in the space provided below all variances contained on other pages of bid,
attachments or bid pages.No variations or exceptions by the Proposer will be deemed to be part
of the bid submitted unless such variation or exception is listed and contained within the bid
documents and referenced in the space provided below. If no statement is contained in the below
space, it is hereby implied that your bid/proposal complies with the full scope of this solicitation.
Page 14
SECTION 2-INTRODUCTIONANFORMATION
2.1. Purpose
North Bay Village is requesting proposals from qualified firms to establish a multiyear contract
for the provision of School Crossing Guard Services, as and when needed. The successful
Contractor shall be responsible for providing State of Florida Department of Transportation
(FDOT) certified crossing guards at locations and times specified by the Village, shall be
completely responsible for the supervision and training of such personnel in accordance with
contract specifications, terns and conditions, and shall exercise exclusive control over persons
employed to fulfill these contract requirements, in accordance with the RFP specifications.
2.2. Information or Clarification
Material changes, if any, to the scope of services or bidding procedures will only be transmitted
by written addendum. No variation in price or conditions shall be permitted based upon a claim
of ignorance. Submission of a proposal will be considered evidence that the proposer has
familiarized himself with the nature and extent of the work, and the equipment, materials, and
labor required.
23. Eligibility
To be eligible to respond to this RFP, the proposing firm must demonstrate that they, or the
principals assigned to the project, have successfully completed services, similar to those
specified in the Technical Specifications/Scope of Services section of this RFP, to at least one
agency similar in size and complexity to North Bay Village.
Page 15
SECTION 3—GENERAL CONDITIONS
3.1. RFP Documents
These RFP documents constitute the complete set of Proposal specifications and forms. All
forms and documents must be executed, sealed and submitted as provided in this RFP. Proposals
not submitted on the prescribed Proposal forms may be rejected. By submitting a Proposal, the
Proposer agrees to be subjected to all terms and conditions specified herein. Submittal of a
response to this RFP constitutes a binding offer by the Proposer.
3.2. Taws
The Proposer shall not be entitled to the Village's tax exempt benefits.
3.3. Interpretations and Inquiries
All Proposers shall carefully examine the RFP documents. An ambiguities or inconsistencies
Po Y Y Su
shall be brought to the attention of the Village or its agent in writing prior to the Proposal
deadline.
Any questions concerning the intent, meaning and interpretation of the RFP documents shall be
requested in writing, via email or fax, and received by the Village no later than 3:00 PM, local
time, on December 24, 2013. Responses will be provided by December 27, 2013. Written
inquiries shall be sent with the subject line "School Crossing Guards, RFP No. NBV 2013-002
to:
Yvonne P. Hamilton, Village Clerk
North Bay Village
1666 Kennedy Causeway, Suite 300
North Bay Village,Florida 33141
Fax: (305) 756-7722
Email: yyonne.hamiltongnbvilla eg com
Submission of a Proposal shall serve as prima facie evidence that the Proposer has examined the
Contract and is fully aware of all conditions affecting the provision of Services.
No person is authorized to give oral interpretations of, or make oral changes to, the RFP
documents. Therefore, oral statements shall not be binding and should not be relied upon. Any
interpretation of, or changes to, the RFP documents shall be made in the form of a written
addendum to the RFP document and shall be furnished by the Village to all Proposers. Only
those interpretations of, or changes to, the RFP document that are made in writing and furnished
to the Proposers by the Village may be relied upon.
Page 16
3.4. Verbal Agreements
No verbal agreement or conversation with any officer, agent, or employee of the Village, either
before or after submittal of the Proposal, shall affect or modify any of the terms or obligations
contained in the RFP. Any such verbal agreement or conversation shall be considered as
unofficial information and in no way binding upon the Village or the Proposer.
3.5. No Contingent Fees
Proposer warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Proposer, to solicit or secure this Contract, and that it has
not paid or agreed to pay any person,company, corporation, individual or firm, other than a bona
fide employee working solely for the Proposer, any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of this Contract.
3.6. Independence
On the form provided in Section 10 of this RFP, the Proposer shall list, and describe any
relationships—professional, financial or otherwise—that it may have with the Village, its elected
or appointed officials, its employees or agents or any of its agencies or component units for the
past five (5) years, together with a statement explaining why such relationships do not constitute
a conflict of interest relative to performing the Services sought in this RFP. Additionally, the
Proposer shall give the Village written notice of any other relationships —professional, financial
or otherwise—that it enters into with the Village, its elected or appointed officials, its employees
or agents or any of its agencies or component units during the period of the Contract.
3.7. No Collusion
More than one Proposal from an individual, firm, partnership, corporation or association under
the same or different names will not be considered. Reasonable grounds for believing that a
Proposer is involved in more than one Proposal for the same work will be cause for rejection of
all Proposals in which such Proposers are believed to be involved.
3.8. Assignment; Non-transferability of Proposal
Proposals shall not be assigned or transferred. A Proposer who is, or may be, purchased by or
merged with any other corporate entity during any stage of the Proposal process, through to and
including awarding of and execution of an Contract, is subject to having its Proposal disqualified
as a result of such transaction. The Village Manager shall determine whether a Proposal is to be
disqualified in such instances.
Page 17
If, at any time during the Proposal process, filings, notices or like documents are submitted to
any regulatory agency concerning the potential acquisition of Proposer, or the sale of a
controlling interest in the Proposer, or any similar transaction, Proposer shall immediately
disclose such information to the Village. Failure to do so may result in the Proposal being
disqualified, at the Village Manager's sole discretion.
3.9. Leeal Reguirements
Proposers are required to comply with all provisions of federal, state, county and local laws,
ordinances, rules and regulations that are applicable to the Services being offered in this RFP.
Lack of knowledge of the Proposer shall in no way be a cause for relief from responsibility, or
constitute a cognizable defense against the legal effects thereof.
3.10. Familiarity with Laws and Ordinances
The submission of a Proposal on the Services requested herein shall be considered as a
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representation that the Proposer is familiar with all federal, state and local laws, ordinances,rules
and regulations which affect those engaged or employed in the provision of such Services, or
equipment used in the provision of such Services, or which in any way affects the conduct of the
provision of such Services; and no plea of misunderstanding will be considered on account of
ignorance thereof. If the Proposer discovers any provisions in the RFP documents that are
contrary to or inconsistent with any law, ordinance, or regulation, he or she shall report it to the
Village in writing.
3.11. Advertising
In submitting a Proposal, Proposer agrees not to use the results therefrom as a part of any
Advertising or Proposer sponsored publicity without the express written approval of the Village
Manager or designee.
3.12. Award of Contract
Award shall be made to the responsible Proposer whose proposal is determined in writing to be
the most advantageous to the Village, taking into consideration price and the evaluation factors
set forth in the request for proposals.No other factors or criteria shall be used in the evaluation.
3.13. Execute Contract
The terms, conditions and provisions in this RFP shall be included and incorporated in the final
Contract between the Village and the successful Proposer(s). Following ranking of the most
qualified Proposers and selection by the Village Commission, the successful Proposer(s) shall,
within ten (10) days of receipt of a written notice of the Award of the Contract, deliver to the
Village a fully executed Contract and all requested certificates of insurance.
Page 18
The final Contract shall be subject to the approval of the Village Manager in his or her sole
discretion, and approved as to form and legality by the Village Attorney. The order of
precedence will be the Contract, the RFP Documents, the Proposer's response and general law.
Any and all legal action.necessary to interpret or enforce the Contract will be governed by the
laws of Florida. Venue shall be proper exclusively in Miami-Dade County, Florida.
3.14. Facilities
The Village Manager or designee reserves the right to inspect each Proposer's facilities at any
reasonable time, during normal working hours, without prior notice to determine that the
Proposer has a bona fide place of business, and is a responsible Proposer.
3.15. Withdrawal or Revision of Proposal Prior to and After Openine
A Proposer may withdraw its Proposal at any date and time prior to the time the Proposals are
scheduled to be opened. No Proposer may withdraw its Proposal within one hundred twenty
(120)calendar days after the Proposal opening date.
3.16. Village's Exclusive Rights
The Village Manager reserves the exclusive rights to:
1. Waive any deficiency or irregularity in the selection process;
2. Accept or reject any or all Proposals in part or in whole;
3. Request additional information as appropriate;or
4. Reject any or all submittals if found to be in the best interest of the Village.
By submitting a Proposal for the Services, all Proposers acknowledge and agree that no
enforceable Contract arises until the Village Commission approves a Contract with the selected
Proposer.
3.17. Addenda
The Village reserves the right to issue addenda. Each Proposer shall acknowledge receipt of
such addenda on the form provided herein. In the event any Proposer fails to acknowledge
receipt of such addenda, his/her Proposal shall nevertheless be construed as though the addenda
had been received and acknowledged and the submission of his/her Proposal shall constitute
acknowledgment of receipt of all addenda, whether or not received by him/her. It is the
responsibility of each prospective Proposer to verify that he/she has received all addenda issued
before depositing the Proposal with the Village.
Page 19
3.18. Review of the RFP Documents
By the submission of a Proposal to do the Services, the Proposer certifies that a careful review of
the RFP documents has taken place, and that the Proposer is fully informed and understands the
requirements of the RFP documents and the quality and quantity of service to be performed.
3.19. Adiustment/Chanees/Deviations
No adjustments, changes or deviations to the RFP will be accepted unless the conditions or
specifications of the RFP expressly so provide.
3.20. Public Records
Upon award recommendation or ten (10) days after Proposal opening, whichever is earlier, any
material submitted in response to this RFP will become a"public record" and shall be subject to
public disclosure consistent with Chapter 119, Florida Statutes (Public Record Law). Proposers
must claim the applicable exemptions to disclosure provided by law in their response to the RFP
by identifying materials to be protected, and must state the reasons why such exclusion from
public disclosure is necessary and legal. The Village reserves the right to make all final
determination(s)of the applicability of the Florida Public Records Law.
3.21. Subcontractine
No subcontracting shall be permitted, except with the prior approval of the Village Manager,
which shall be in his or her sole and absolute discretion. A list of all such subcontractors shall be
included in the Proposal. If additional subcontractors are to be used during the term of the
Contract, other than those submitted in the Proposal, a list of such subcontractors shall be
provided to the Village Manager, subject to his or her approval.
3.22. Public Entities Crime
A person or affiliate as defined in Section 287.133, Florida Statutes, who or which has been
placed on the convicted vendor list maintained by the Florida Department of Management
Services following a conviction for a public entity crime, may not submit a Proposal on an
Contract to provide any goods or services to the Village and may not transact business with the
Village in an amount set forth in Section 287.017, Florida Statutes, for Category Two for a
period of thirty-six(36)months from the date of being placed on the convicted vendor list.
By submitting a response to this RFP, Proposer certifies that it is qualified under Section
287.133, Florida Statutes,to provide the Services set forth in this RFP.
Page 110
3.23. Non-Collusion Affidavit
The Proposer shall include the Non-Collusion Affidavit as set forth in the form provided in
Section 10 of this RFP and as described in this RFP. Proposer's failure to include the affidavit
may result in disqualification.
Page 111
SECTION 4- SPECIAL CONDITIONS
4.1. General Conditions
RFP General Conditions are included and made a part of this RFP.
4.2. Variances
While the Village allows Contractors to take variances to the RFP terms, conditions, and
specifications, the number and extent of variances taken will be considered in determining
proposal responsiveness and in allocating proposal evaluation points.
4.3.RFP Documents
The Contractor shall examine this RFP carefully. Ignorance of the requirements will not relieve
the Contractor from liability and obligations under the Contract.
4.4.Proposers' Costs
The Village shall not be liable for any costs incurred by proposers in responding to this RFP.
4.5. Proposal Security
Each Proposal shall be accompanied by Proposal security in the amount of Two Thousand Five
Hundred Dollars ($2,500.00), pledging that the Proposer shall proceed with the continued
development of its Proposal and, if the Proposer is selected, to enter into a Contract with the
Village, and shall furnish a cash bond, letter of credit or performance bond in the amount of 20k,
in a form approved by the Village Attorney covering the faithful performance of the Contract.
Should the Proposer refuse to continue with the development of its Proposal, refuse to enter into
the Contract contained in this RFP, or fail to furnish such bond or check, the amount of the
Proposal security shall be forfeited to the Village as liquidated damages, not as a penalty.
Proposals not accompanied by the proper Proposal security shall be deemed non-responsive and
will not be considered. The Proposal security shall be in the form of cash, cashier's check, or bid
bond made payable to North Bay Village. The Village shall have the right to retain the Proposal
security of Proposers from whom an award of the Contract is being considered until either(1)the
Agreement has been executed and bonds have been furnished, or (2) the specified time has
elapsed so that Proposals may be withdrawn, or (3) the Proposer's submitted Proposal has been
determined to be non-responsive or disqualified by the Village Manager, or (4) all Proposals
have been rejected. Default of Proposer shall occur upon the failure of the Proposer to deliver
within the time required by the RFP, including the executed Agreement, and any performance
and payment bonds required by the RFP and the Agreement. Proposal securities will be returned
to unsuccessful Proposers within fifteen (15) days following notice of the non-responsiveness or
disqualification of the Proposal and the award of bid to the qualified Proposer or of the rejection
of any or all Proposal(s). Proposal security for the awarded Proposer will be returned following
the execution of the Contract.
Page 112
4.6.Approved Equal Or Alternate Product Proposals
The Technical Specifications contained in this RFP are to be used as a reference only and are not
to be considered of a proprietary nature. These specifications represent a level of quality and
features which are desired by North Bay Village. The Village is receptive to any product which
would be considered by qualified personnel as an approved equal.
The proposer must state clearly in his proposal pages any variance to the specifications. If
proposing an approved equal or alternate product, it will be the proposer's responsibility to
provide adequate information in his proposal to enable the Village to ensure that the proposal
meets the required criteria. If adequate information is not submitted with the proposal, it may be
rejected.
The Village will be the sole judge in determining if the product proposed qualifies as approved
equal. The Village reserves the right to award to that proposal which will best serve the interest
of the Village as determined by the Village. The Village further reserves the right to waive minor
variations to specifications and in the bidding process.
4.7. Contract Period
The initial contract period shall be three (3) years, commencing January 6, 2014 and expiring
three years from that date. The schedule for annual coverage and expiration on the initial and any
extension terms shall be based on the actual Miami-Dade County School Board calendar set each
year. The dates of the actual contract years are subject to modification in accordance with the
School calendar, as determined by Miami-Dade County School Board. Typically, the Regular
School Year consists of one-hundred eighty (180) days. The Village reserves the right to extend
the contract for one (1), two-year extension, providing Contractor provides written notice to the
Village not less than one hundred twenty (120) days prior to renewal date, both parties agree to
the extension, all terms, conditions and specifications remain the same, and such extension is
approved by the Village. In the event services are scheduled to end because of the expiration of
this contract, the Contractor shall continue the service upon the request of the Village Manager.
The extension period shall not extend for more than one-hundred twenty (120) days beyond the
expiration date of the existing contract. The Contractor shall be compensated for the service at
the rate in effect when this extension clause invoked by the Village.
4.8.Invoices/Payment
The Village will accept weekly invoices; however, payments are processed no more than once
monthly. Each invoice shall be fully detailed, including guard and supervisor names, dates and
hours worked, and hourly charge. The Village shall make every attempt to process correct
invoices within thirty (30) days of receipt. The Village will advise the Contractor or any items
questioned within thirty (30) days of invoice receipt. The Contractor shall prepare verification
data for the amount claimed and provide complete cooperation during such investigation of any
areas questioned.
Page 113
4.9. Deletion Or Modification Of Services
The Village reserves the right to delete any portion of this Contract at any time without cause,
and if such right is exercised by the Village, the total fee shall be reduced in the same ratio as the
estimated cost of the work deleted bears to the estimated cost of the work originally planned. If
work has already been accomplished on the portion of the Contract to be deleted, the Contractor
shall be paid for the deleted portion on the basis of the estimated percentage of completion of
such portion.
If the Contractor and the Village agree on modifications or revisions to the task elements, after
the Village has approved work to begin on a particular task or project, and a budget has been
established for that task or project, the Contractor will submit a revised budget to the Village for
approval prior to proceeding with the work.
4.10.Additional Items
The Village may require additional items of a similar nature, but not specifically listed in the
contract. The Contractor agrees to provide such items, and shall provide the Village prices on
such additional items based upon a formula or method which is the same or similar to that used
in establishing the prices in his proposal. If the price(s) offered are not acceptable to the Village,
and the situation cannot be resolved to the satisfaction of the Village, the Village reserves the
right to procure those items from other vendors, or to cancel the contract upon giving the
Contractor thirty(30)days written notice.
4.11.Warranties Of Usage
No warranty or guarantee is given or implied as to the total number of guards and supervisors
that will be required as a result of this Contract. The numbers of guards stated in the RFP
specifications are estimates of annual requirements, based on the Village's current requirements,
subject to increases or decreases at any time during the school year or contract period. Actual
guard services will be requested as needed.
4.12.Independent Contractor
The Contractor is an independent contractor under this Contract. Personal services provided by
the Contractor shall be by employees of the Contractor and subject to supervision by the
Contractor, and not as officers, employees, or agents of the Village. Personnel policies, tax
responsibilities, social security, health insurance, employee benefits, purchasing policies and
other similar administrative procedures applicable to services rendered under this Contract shall
be those of the Contractor.
Page 114
4.13.Uncontrollable Circumstances("Force Majeure")
The village and Contractor will be excused from the performance of their respective obligations
under this contract when and to the extent that their performance is delayed or prevented by any
circumstances beyond their control including, fire, flood, explosion, strikes or other labor
disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or
omission of any governmental authority, delay or failure or shortage of any type of
transportation, equipment, or service from a public utility needed for their performance,provided
that:
a.the non performing party gives the other party prompt written notice describing the particulars
of the Force Majeure including, but not limited to, the nature of the occurrence and its expected
duration, and continues to furnish timely reports with respect thereto during the period of the
Force Majeure;
b. the excuse of performance is of no greater scope and of no longer duration than is required by
the Force Majeure;
C. no obligations of either party that arose before the Force Majeure causing the excuse of
performance are excused as a result of the Force Majeure; and
c.the non performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a period in
excess of two (2) months, provided that in extenuating circumstances, the Village may excuse
performance for a longer term. Economic hardship of the Contractor will not constitute Force
Majeure. The term of the contract shall be extended by a period equal to that during which either
party's performance is suspended under this Section.
4.14.Insurance
The contractor shall furnish proof of Worker's Compensation Insurance, General Liability
Insurance and Comprehensive Automobile Liability Insurance. The coverage is to remain in
force at all times during the contract period. The following minimum insurance coverage is
required. The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 for each accident. The Village is to be added as an "additional insured" with
relation to General Liability and Automobile Insurance. Any costs for adding the Village as
"additional insured"will be at the contractor's expense.
a. Workers Compensation: Notwithstanding FS 440.055, any firm performing work on behalf of
North Bay Village must provide Workers' Compensation Insurance for the benefit of its
employees.
Page 115
Exceptions and exemptions can only be made if they are in accordance with Florida Statute.
b. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00)
each occurrence; two million dollars ($2,000,000.00) general aggregate limit. Such certificate
shall list the Village as an additional insured.
NOTE: If Comprehensive General Liability limits are less than one million dollars
($1,000,000.00), the sum of Comprehensive General Liability limits and Excess Liability limits
must equal no less than one million dollars($1,000,000.00).
c. Automobile Liability with minimum limits of five hundred thousand dollars ($500,000.00)
each occurrence. The Contractor shall provide to the Village original certificates of such
coverage prior to engaging in any activities under this contract. Certificates shall have no less
than thirty (30) days' notice of cancellation. No work can be started until the certificate is
submitted and approved by the Village Manager.
In the event that you are the successful bidder,you will be required to provide a certificate
naming the Village as an "additional insured" for both General Liability and Automobile
coverages.
Certificate holder should be addressed as follows:
North Bay Village
1666 Kennedy Causeway, Suite 300 \
North Bay Village Florida 33141
4.15. Bonds
The successful bidder shall provide within three (3) days of the Effective Date of Contract, a
cash bond, letter of credit or performance bond in an amount equal to Twenty Thousand Dollars
($20,000) in a form satisfactory to the Village Attorney.
The surety providing such Bonds must be licensed authorized and admitted to do business in the
State of Florida and must be listed in the Federal Register(Dept. of Treasury, Circular 570).
The cost of the premiums for such Bonds shall be at no cost to the VILLAGE. If notice of any
change affecting the work under the Contract, the Contract Prices or Term or any of the
provisions of the RFP Documents is required by the provisions of any Bond to be given to a
surety,the giving of any such notice shall be CONTRACTOR'S sole responsibility.
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4.16. Lobbyine Activities
ALL BIDDERS/PROPOSERS PLEASE NOTE: Any bidder or proposer submitting a response
to this solicitation must comply, if applicable, with North Bay Village Ordinances, Lobbying
Activities. Copies of Ordinances may be obtained from the Village Clerk's Office. The
ordinance may also be viewed on the Village's website
4.17. Service Test Period
The Village reserves the right to require a test period of thirty(30), sixty(60), or ninety(90)days
prior to enacting an annual contract for these services,to determine if the Contractor can perform
in accordance with the requirements of the RFP and to the Village's satisfaction. During the
course of any trial period, the Contractor shall perform and such trial shall be based on
compliance with all specifications,terms and conditions as contained in the RFP. A performance
evaluation shall be conducted by the Village's Contract Administrator, or designee, and may
include additional input from other Village staff, and/or outside sources, (School Board,
neighborhood groups, School Officials, or residents), at various intervals during the trial period,
and that evaluation shall be the basis for the Village's decision to continue with the Contractor,or
to select another Contractor under the same trial terms and conditions. The Contractor will be
rated on the RFP specifications, including: quality of services performed, timeliness of service
performed, and responsiveness to the Village's needs. If a Performance Trial is enacted, and such
trial is successful, the actual Contract date and commencement of contract term shall begin
retroactive to the commencement date of the trial period.
Pricing proposed by the Contractor shall be firm not only for the trial period but also for the three
(3)years of the initial contract term.
If the Contractor's performance is determined to be unsatisfactory any time during the trial
period, the Village reserves the right to terminate the Contract, after providing the Contractor
written notification, and the Village shall issue an award to the next lowest responsible Proposer,
in accordance with the RFP specifications, and so on until a successful Contract can be
established.
4.18. Contract Administrator
The Village will designate a Contract Administrator whose principal duties shall be Liaison with
Contractor. Coordinate and approve all work under the contract.
Resolve any disputes. Assure consistency and quality of Contractor's performance.
Schedule and conduct Contractor performance evaluations and document findings.
Review and approve for payment all invoices for work performed or items delivered.
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4.19. Contractor Performance Reviews And Ratings
The Village Contract Administrator shall develop a Contractor performance evaluation report.
This report shall be used to periodically review and rate the Contractor's performance under the
contract with performance rating as follows:
• Excellent-far exceeds requirements.
• Good-Exceeds requirements
• Fair-Just meets requirements.
• Poor - does not meet all requirements and Contractor is subject to penalty provisions
under the contact.
• Noncompliance — does not comply with requirements or continued poor performance
after notice or a performance level that does not meet a significant portion of the
requirements. This rating makes the Contractor subject to the default or cancellation for
cause provisions of the contract.
The report shall also list all discrepancies found during the review period. The Contractor shall
be provided with a copy of the report, and may respond in writing if he takes exception to the
report or wishes to comment on the report. Contractor performance reviews and subsequent
reports will be used in determining the suitability of contract extension.
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4.20. Bid Tabulations/Intent To Award
Notice of Intent to Award Contract/Bid, resulting from the Village's Formal solicitation process,
requiring Village Commission action,may be found at the Village Hall. Tabulations of receipt of
those parties responding to a formal solicitation may be found at the Village Hall or any
interested party may call the Village Clerk at(305) 756-7171.
4.21.Records/Audits
The Contractor shall maintain during the term of the contract, all books of account, receipt
invoices, individual timesheets signed by the guard and Contractor, weekly group time sheets
signed by the Contractor, State of Florida and national criminal background checks including
sexual predator and sexual offender checks, Florida Department of Transportation (FDOT)
training certificates, FDOT training checklists, reports and records in accordance with generally
accepted accounting practices and standards. The Contractor shall maintain and make available
such records and files for the duration of the contract and retain them beyond the last day of the
contract term and any extensions for the period of two (2)years.
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SECTION 5-TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES
5.1. Scone And Purpose
North Bay Village is requesting proposals from qualified firms to establish a multi-year contract
for the provision of School Crossing Guard Services, as and when needed. The successful
Contractor shall be responsible for providing State of Florida Department of Transportation
(FDOT) certified crossing guards at locations and times specified by the Village, shall be
completely responsible for the supervision and training of such personnel in accordance with
contract specifications, terms and conditions, and shall exercise exclusive control over persons
employed to fulfill these contract requirements, in accordance with the RFP specifications.
5.2. SchedulinOStaffma Requirements
It is anticipated that Three (3) school crossing guards will be required for each school day.
However,this is an estimate and the Contract Administrator 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 school crossings for the times indicated.
(See Exhibit "A" for list of locations and hours of coverage, all tentative.) The Contractor shall
be flexible and provide guards for the hours and locations needed on the instructions of
appropriate Village personnel. A maximum of three (3) hours will be paid by the Village for
daily coverage.
All crossing guards are required to be at their assigned post one (1) hour prior to the start of
school in the morning, and one-half(1/2) hour following dismissal in the afternoon. However,
should the required reporting times be changed by the Miami-Dade County School Board,
Contractor shall comply with no added cost to the Village.
5.3. Training
It shall be the responsibility, at no cost to the Village, of the Contractor to ensure that all persons
employed as school crossing guards, including supervisors, receive proper training. The
Contractor must comply with Title XXIII, Chapter 316 Section 316.75,Florida Statutes, "School
Crossing Guards" (previously Section 234.302, Florida Statutes, the "Ramon Tumquest School
CrossingGuard Act"), b employingFDOT certified crossing guard trainers to ensure that all
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crossing guards receive proper training as required b law. Contractor shall
persons employed as c o g gu p pe g q y
provide evidence i.e. FDOT issued training certificate or FDOT training performance checklist,
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if no certificate has yet been issued by the State) of training to Contractor Administrator prior to
employment by Contractor. It is the Contractor's responsibility to keep all training
documentation up to date and to provide copies to the Contract Administrator. All FDOT issued
training certificates shall be signed by Contractor before forwarding to the Contract
Administrator. Under no circumstances shall the Contractor place a school crossing guard at a
location who does not meet the state-mandated training requirements.
Page 119
Use of crossing guards or supervisors who have not successfully met the training criteria may
result in rejection of invoices for service and/or may serve as grounds for termination of the
Contract. State required initial and annual re-training of all crossing guards, including
supervisors, shall be conducted by a MOT certified trainer as per the standards established by
the FDOT. It shall be the sole responsibility of the Contractor, at no cost to the Village, to
comply with all requirements of this regulation prior to contract commencement. The Contractor
may provide its own certified staff training, or sub-contract for certified training to meet this
requirement. Proposers shall include in their RFP response which method shall be used. If the
Contractor uses its own staff for training, trainers shall be identified, and all pertinent
information and qualifications, including copies of MOT crossing guard trainer certifications,
be included as a part of your RFP response. If a sub-contractor shall be the source of training,
such sub-contractor shall be identified, and all pertinent information and qualifications, including
copies of MOT crossing guard trainer certifications, be included as a part of your RFP response.
Any required additional training throughout the school year will be the sole responsibility of the
Contractor, at no cost to the Village.
5.4. Employee Qualifications
a. Criminal Background History Check: The Contractor, at no cost to the Village, shall conduct a
State of Florida and national criminal background history check on all school crossing guards,
back-up guards, supervisors and trainers assigned to this contract including sexual predator and
sexual offender checks. The Contractor shall provide the Contract Administrator with proof that
the check has been performed prior to employing a crossing guard, back-up guard, supervisor or
trainer to be assigned to the contract.
Guards, back-up guards, supervisors, and/or trainers with felony arrest history, misdemeanor
arrest history involving moral turpitude, or being listed as a sexual predator or offender, shall not
work on this contract without the express written consent of the Contract Administrator. The
Contractor shall provide the Contract Administrator with the results of the criminal background
history check prior to employment. The Contract Administrator will utilize North Bay Village's
employment standards used for inspection, enforcement, security or uniformed fire personnel
positions when making a determination regarding employment of personnel assigned to this
contract. Use of guards,back-up guards, supervisors or trainers who have not successfully passed
the criminal background history check may result in rejection of invoices for service and/or may
serve as grounds for termination of the Contract. Contractor shall mandate that all employees
assigned to this contract report any criminal charges brought against them immediately.
Contractor, upon receipt of such information, will immediately notify the Contract
Administrator.
Annual criminal background history re-checks as provided in paragraph a above, at no cost to the
Village, for all persons assigned to this Contract shall be required each summer prior to
commencement of the new school year in August.
Page 120
b. Training: All appropriate Contractor personnel must have received training in accordance with
the Village's training requirements as set forth in Section 5.3 above, prior to being assigned to
the Village's Contract. Use of untrained guards or supervisors may result in rejection of invoices
for service and/or may serve as grounds for termination of the Contract. Contractor shall provide
the Village with credentials supporting this training,prior to guard, back-up guard, supervisor or
trainer assignment. Previous school crossing guard experience of Contractor employees who
would be assigned to this Contract is preferred by the Village.
c. Dress Code/Identification: All Contractor employees shall present a professional appearance,
be neat, clean, well groomed, courteous, properly uniformed, conduct themselves in a
respectable manner, and be a minimum of eighteen (18) years old. The preferred uniform
consists of a white shirt or blouse and navy or dark slacks or trousers. The Contractor or its
employees are responsible for the cost of such uniform.
Proposer shall provide the Village with information on their written dress code policy as a part of
the RFP response. Contractor personnel shall under no circumstances be permitted to wear open
toed shoes, sandals, sling backs or slip-ons, or suggestive clothing. Contractor personnel shall
wear some identification indicating they are the Contractor's employee. This may be in the form
of a T-Shirt bearing the Contractor's name (i.e. Contractor name/"Contract Employee"); hat or
cap, bearing Contractor's name; or an identification badge, prominently displayed, bearing
Contractor's name, employee name,and may include a photo.
d. Personnel Removal/Reassignment/Substitution: The Village acknowledges that all employees
and contractors of the Contractor shall be considered to be, at all time, the sole employees or
contractors of the Contractor under its sole discretion and not an employee, Contractor, or agent
of the Village.
However, the Village reserves the right to request the Contractor to remove any Contractor
employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose
continued performance of the services is not in the best interest of the Village. Such Contractor
employee will be replaced with an acceptable substitute employee. Such request, if made by the
Contract Administrator, shall be complied with immediately.
5.6. Daily n Field Su envision
The Contractor shall provide a minimum of one (1) experienced field supervisor overseeing the
operations, at all times, while the guards are on duty. A maximum of three (3) hours will be paid
by the Village for daily supervision for a maximum of one (1) field supervisor. All supervisory
personnel shall, at a minimum, be FDOT certified school crossing guards; FDOT certification as
a trainer is preferred. 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 Village. Field
supervisors are permitted to work a post only on an emergency basis; supervisors are to be active
in the field,not working posts.
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Additional supervisory personnel may be provided by the successful Contractor to ensure a
greater degree of monitoring and contract compliance. However, this will be provided at no cost
to the Village.
5.7. Guard Back Up
The Contractor shall ensure that adequate employees are available for the backup of any crossing
guard in case of absenteeism. Each backup crossing guard shall be fully trained, FDOT certified,
and familiar with the specific crossing location. Each working crossing guard shall be provided
with the name and telephone number of a back-up guard and field supervisors in case the
working guard cannot be at his/her post. The Contractor, at no cost to the Village, shall conduct a
State of Florida and national criminal background history check on all back-up school crossing
guards assigned to this contract including sexual predator and sexual offender checks. The
Contractor shall provide the Contract Administrator with proof that the check has been
performed prior to employing a back-up crossing guard to be assigned to the contract.
5.8. Twenty-Four(24)Hour Answerine Service
The Contractor shall provide for its employees a 24-hour answering service. The Contractor may
setup its own call-out procedure,and this information shall be included in the RFP response.
5.9. Resorts
Contractor shall provide the following reports to the Contract Administrator in the frequencies
specified:
A. Weekly Group Time Sheet: This report shall include each post location, by school name in
alphabetical order, identification of the guard assigned to each post location,number of hours per
day worked at each location during the week and other pertinent information to document that all
crossing guard posts were properly staffed during the week. (See Exhibit`B" for a weekly group
time sheet.) Each report shall be signed by the Contractor certifying that the Contractor's
employees worked the hours listed on the timesheet. This report shall be faxed to the Contract
Administrator not later than the Wednesday following each week worked. The report shall also
be sent via electronic mail, in Microsoft Excel format, to the Contract Administrator at the same
time it is provided via fax.
B. Master Guard List: This report shall include all crossing guards and their assigned posts,
back-up guards and supervisors assigned to the contract. This report is to be provided at
commencement of the school year and updated periodically as changes occur. This report shall
be faxed or sent via electronic mail to the Contract Administrator in Microsoft Excel format.
C. Student Count Report: A "student count report" shall be conducted, upon request of the
Contractor Administrator. This report shall contain the following information: Guard name,
location and the number of students crossed A.M. and P.M. This report,when requested, shall be
faxed or emailed to the Contract Administrator.
Page 122
D. Complaint Report: Contractor shall have an established procedure for handling, responding
to, and documenting actions regarding all complaints received. A report of all complaints shall
be provided to the Contract Administrator as follows: due January 15th for the period covering
commencement of the school year in August through Winter Break; due June 15th for the period
covering commencement of school following Winter Break through the end of the Regular
school year in May/June. This report shall include the following minimum information: Date of
complaint, post location, guard identification, type of complaint, action taken, total number of
complaints for the reporting period. This report shall be faxed or sent via electronic mail to the
Contract Administrator in Microsoft Excel format.
E. Daily Time Sheets: Contractor shall maintain at its offices, and make available for inspection
by Village personnel, daily time sheets for all crossing guards and supervisors assigned to this
contract. The daily time sheet shall, at a minimum, identify the crossing guard or supervisor and
total number of hours worked each day. Daily time sheets shall be signed by the Contractor's
employees certifying as to the number of hours worked.
F. Additional Reports: The Contract Administrator may request additional reports from time to
time for the purpose of Contractor performance evaluation. Contractor agrees to provide these
reports to the Village,as requested, and at no additional charge.
5.10 Contractor/Villaee Meetings
The Village may request periodic meetings with the Contractor to review performance, address
specific issues, etc. Contractor agrees to attend these meetings, at no charge to the Village, as
necessary during the Contract term. Contractor, at a minimum, must attend periodic countywide
meetings organized by the School Board and Miami-Dade County Traffic Engineering.
Additionally, the Contractor may be requested to attend various meetings involving the school
principals,parents, and similar entities regarding contract and/or safety-related issues. Contractor
agrees to do so at no charge to the Village.
5.11. EQUIPMENT
The Contractor is responsible, at no cost to the Village, for supplying all equipment required by
the FDOT standards and guidelines and necessary for the school crossing guards and supervisors
to perform their duties, to include at a minimum, but not limited to, the following: 1) retro-
reflective stop paddle that conforms to the guidelines in MUTCD (Manual on Uniform Traffic
Control Devices) Section 6E.03 and/or fluorescent or retro-reflective orange gloves; 2)
fluorescent and retro-reflective safety vest; 3) metal whistle with lanyard; and 4) hi-visibility
yellow rain gear. Any required replacement of aged, lost or damaged equipment shall be the
responsibility of the Contractor, at no cost to the Village. The Contractor shall provide, at its sole
expense,all other equipment that may be required to properly perform the services in accordance
with the terms of this RFP.
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5.12. School Year Schedule
It is estimated that school crossing guard services will be required for a total of approximately
1,800 days per year. The Contract Administrator will inform the Contractor of the specific dates
when they are made available from the School Board. No warranty or guarantee is given or
implied as to the total number of days of guard and Supervisor coverage that will be required as a
result of this Contract.
Approximate School Year scheduling is as follows:
a. Regular School Year: The Regular School Year (consisting of 180 school days) typically
begins in mid-August and is in session until approximately early June,with appropriate holidays,
breaks and teacher work days that do not require coverage.
5.13. Retention Program
If Proposer has an established program designed to recruit and retain personnel assigned to this
contract, Proposer shall include in their RFP response a description of such program.
5.14. Basic Pre-Employment Physical Examination
MOT guidelines recommend that each prospective school crossing guard be given a basic
physical examination, including agility, blood pressure, vision and hearing tests. If Proposer has
an established program designed to meet this criteria, Proposer shall include in their RFP
response a description of such program.
5.15. Special Events
The Contractor may be requested to provide school crossing guards for special events. The
Village will provide the Contractor with specific dates of these events when known to the
Village and will provide the Contractor seven (7) days advance notice of the Village's
requirements. A maximum of four(4) hours will be paid to the Contractor,per crossing guard at
the hourly rate in effect at the time of service. Additional hours of coverage and the number of
hours that will be paid by the Village will be mutually agreed upon by the Contractor and the
Village Contract Administrator.
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SECTION 6-CONSIDERATION FOR AWARD/AWARD PROCEDURES
The award of the contract will be based on certain objective and subjective considerations listed
below:
1. Manpower and organization of company (qualifications of staff assigned to the contract,
number of employees and supervisors available for the contract, firm's ability to secure
additional personnel,number of FDOT certified trainers,etc.). Weight Factor: 15%
2. Financial stability of company to perform services, bank references, audited financial
statements,other business references. Weight Factor: 10%
3. References for which school crossing guard services are currently being provided in this area.
Weight Factor: 10%
4.Number of years'experience in providing similar services. Weight Factor: 5%
5.Program or incentives offered to employees to retain services to ensure low turnover.
Weight Factor: 5%
6.Approach and concept to the project,proposed scope of services. Weight Factor: 15%
7.Method to be used for FDOT training program. Weight Factor: 5%
8. Compliance with FDOT recommended guidelines regarding pre-employment physicals.
Weight Factor: 5%
9.Dress code/identification of employees. Weight Factor: 5%
10. Call-out procedure. Weight Factor: 5%
11. Total cost to the Village. The lowest hourly cost to the Village shall receive the maximum
cost points. Weight Factor: 20%
Evaluation of proposals will be conducted by an evaluation committee of qualified Village Staff,
or other persons selected by the Village. It may be a two-step process. In step one the committee
will evaluate all responsive proposals based upon the information and references contained in the
proposals as submitted. The committee will score and rank all responsive proposals and
determine a minimum of three (3), if more than three (3)proposals are responsive,to be finalists
for further consideration. In the event there are less than three (3) responsive proposals, the
committee will give further consideration to all responsive proposals received. Proposers or
Finalists may be required to provide an oral presentation by appearing before the Evaluation
Committee or by conference telephone call for clarification purposes only. with the finalists and
re-score and re-rank the finalists proposals. Information and references submitted will be
considered in the award. The committee will then make a recommendation to the Village
Manager for final recommendation to the Village Commission for award.
Page 125
The Village may require additional information and Proposers agree to furnish such information.
The Village reserves the right to award the contract to that Proposer who will best serve the
interest of the Village. The Village reserves the right, based upon its deliberations and in its
opinion, to accept or reject any or all proposals. The Village also reserves the right to waive
minor irregularities or variations to the specifications and in the bidding process.
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SECTION 7-REQUIREMENTS OF THE PROPOSAL
All proposals must be submitted as specified on the proposal pages which follow. Any
attachments must be clearly identified. To be considered, the proposal must respond to all parts
of the RFP. Any other information thought to be relevant, but not applicable to the enumerated
categories, should be provided as an appendix to the proposal. If publications are supplied by a
proposer to respond to a requirement, the response should include reference to the document
number and page number. This will provide a quick reference for the evaluators. Proposals not
providing this reference will be considered to have no reference material included in the
additional documents.
All proposals should be submitted through RFP Depot. If mailed,proposals must be submitted in
a sealed package with the RFP number, due and open date, and RFP title clearly marked on the
outside. If more than one package is submitted they should be marked 1 of 2,etc.
All mailed proposals must be received at Village Hall, 1666 Kennedy Causeway, Suite 300,
North Bay Village, FL, 33141 prior to 2:00 pm on the date specified in this RFP. The proposal
shall be signed by a representative who is authorized to contractually bind the Contractor.
IF MAILED, PROPOSERS MUST SUBMIT AN IDENTIFIED ORIGINAL COPY PLUS SIX
(6) COPIES AND ONE (1) CD ROM OF THE PROPOSAL PAGES INCLUDING ANY
ATTACHMENTS THE ABOVE REQUIREMENT TOTALS EIGHT(8) COPIES OF YOUR
PROPOSAL.
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SECTION 8 -TECHNICAL PROPOSAL
The following issues should be fully responded to in your proposal in concise narrative form.
Each issue should be referenced and be presented in the following order:
Tab 1:Proposal Signature Page
Tab 2: Statement of Qualifications
This section should contain a statement of understanding of the critical issues and opportunities
associated with the project and how the Proposer is uniquely qualified to assist the Village in this
effort. Briefly describe the number of employees and supervisors available for this contract and
the firm's ability to secure additional personnel, if necessary.
Tab 3: Preliminary Scope of Services Provide an outline detailing your approach and concept to
the project, and provide a proposed Scope of Services to demonstrate an understanding of the
project. Include method to be used for training, dress code policy,call-out procedure, etc.
Tab 4:Ability to Meet the Project Schedule
Include a proposed schedule that shows how the Contractor would provide services within the
time frame required.
Tab 5: State number of years' experience the proposer has had in providing similar services. If
services provided differs from the one presented in your proposal, please delineate such
differences. If your company has not provided similar services in the past, explain fully why you
consider your company qualified to perform this service for North Bay Village.
Tab 6: List the qualifications of staff to be assigned to this contract demonstrating the specialized
knowledge, experience and skills they would bring to this assignment. List name,title or position
and duties. A resume or summary of experience and qualifications should accompany your
proposal.
Tab 7: Proposer to provide a minimum of three (3) references for which school crossing guard
services are currently being provided in this area. If additional space is required, include as an
appendix to RFP response. If additional references are provided,please attach this information as
an appendix to your RFP response. Description of services rendered: During the
month(s)/year(s):Name of Governmental Agency(Village or county):
Principal Contact Person:
Telephone Number:
Fax Number:
Email Address:
If you have ever failed to complete work awarded to you, explain where and why.
Page 128
Tab 8: List those North Bay Village agencies with which the proposer has had contracts or
agreements during the past three(3)years.
Tab 9: Provide a summary of any litigation filed against Proposer, principals, or individuals
employed by the Proposal in the past three (3)years which is related to the services the Proposer
provides in the regular course of business. The summary shall state the nature of the litigation,
a brief description of the case, the outcome or projected outcome, and the monetary amounts
involved.
Tab 10: Provide documentation to support your financial ability to perform the contract services.
You may include an audited financial statement, bank references and other business references
(excluding North Bay Village).A minimum of three(3) is required.
Tab 11: Proposer please quote your firm, Fixed Hourly Rate in accordance with the RFP:
Estimated Number of combined Guard(3)and Supervisor(1)Hours Per Day= 12 hours
Estimated Number of School Days= 180 days
Tab 12:Attach copies of all Insurance Certificates for our review.
Tab 13: Any additional information. The proposer understands that the information contained in
these Proposal Pages is to be relied upon by the Village in awarding the proposed Contract, and
such information is warranted by the proposer to be true. The proposer agrees to furnish such
additional information, prior to acceptance of any proposal, relating to the qualifications of the
proposer,as may be required by the Village.
COMPLETE AND RETURN THE REQUIRED NUMBER OF PROPOSAL PAGES AND
ATTACHMENTS.
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SECTION 9—CONE OF SILENCE
9.1 Cone of Silence
You are hereby advised that this Request for Proposal No. NBV 2013-002 is
subject to the "Cone of Silence" in accordance with Section 38.18 of the North
Bay Village Code of Ordinances. A proposer who violates these provisions
shall not be considered for this Request for Proposal in addition to any other
applicable penalties.
38.18 -Cone of Silence.
(A) Contracts for the provision of goods and services.
(1) "Cone of Silence" is hereby defined to mean a prohibition on:
a.any communication regarding a particular RFP, RFQ, or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and the
Village's professional staff including, but not limited to, the Village Manager
and his or her staff,
b.any communication regarding a particular RFP, RFQ, or bid between the
Mayor or Village Commissioners and any member of the Village's
professional staff including, but not limited to,the Village Manager and his or
her staff;
c.any communication regarding a particular RFP, RFQ or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and any
member of the selection committee therefor;
d.any communication regarding a particular RFP, RFQ or bid between the
Mayor, Village Commissioners and any member of the selection committee;
e.any communication regarding a particular RFP, RFQ or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and the
Mayor or Village Commissioners; and
f,any communication regarding a particular RFP, RFQ or bid between any
member of the Village's professional staff and any member of the selection
committee.
Page 30
The Village Manager and the Chairperson of the selection committee may
communicate about a particular selection committee recommendation, but
only after the committee has submitted an award recommendation to the
Village Manager and provided that should any change occur in the committee
recommendation, the content of the communication and of the corresponding
change shall be described in writing and filed by the Village Manager with the
Village Clerk and be included in any recommendation memorandum
submitted by the Village Manager to the Village Commission.
Notwithstanding the foregoing,the Cone of Silence shall not apply to:
a.communications with the Village Attorney and his or her staff;
b.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 Village Manager makes his or her written
recommendation;
c.any emergency procurement of goods or services;
d.communication regarding a particular RFP, RFQ or bid between any
person and the contracting officer responsible for administering the
procurement process for the RFP, RFQ or bid, provided the
communication is limited strictly to matters of process or procedure
already contained in the corresponding solicitation document.
(2) Procedure.
a.A Cone of Silence shall be imposed upon each RFP, RFQ and bid after the
advertisement of the RFP, RFQ or bid. At the time of imposition of the Cone
of Silence,the Village Manager or his or her designee shall provide for public
notice of the Cone of Silence. The Village Manager shall issue a written
notice to the affected departments, file a copy of the notice with the Village
Clerk, with a copy to the Mayor and each Village Commissioner, and shall
include in any public solicitation for goods and services a statement disclosing
the requirements of this ordinance. Notwithstanding any other provision of
this section, the imposition of a Cone of Silence on a articular RFP, RFQ or
i 1� P Q
bid shall not preclude staff from obtaining industry comment or performing
market research, provided all communications related thereto between a
potential vendor, service provider, bidder, lobbyist, or consultant and any
member of the Village's professional staff including, but not limited to, the
Village Manager and his or her staff, are in writing or are made at a duly
noticed public meeting.
Page 131
b.The Cone of Silence shall terminate at the time the Village Manager makes
his or her written recommendation to the Village Commission; provided,
however, that if the Village Commission refers the Village Manager's
recommendation back to the Village Manager or staff for further review, the
Cone of Silence shall be re-imposed until the time as the Village Manager
makes a subsequent written recommendation.
(3) Exceptions. The provisions of this ordinance shall not apply to oral
communications at pre-bid conferences, oral presentations before selection
committees, contract negotiations during any duly noticed public meeting, public
presentations made to the Village Commission during any duly noticed public
meeting or communications in writing at any time with any Village employee,
official or member of the Village Commission unless specifically prohibited by the
applicable RFP, RFQ or bid documents. The bidder or proposer shall file a copy of
any written communication with the Village Clerk. The Village Clerk shall make
copies available to an person upon request.p y p po q est.
(B) Penalties. In addition to the penalties provided in this chapter and Miami-Dade
County Code Section 2-11.1 (s) and (v), violation of this section by a particular bidder
or proposer shall render any RFP award, RFQ award or bid award to the bidder or
proposer voidable. Any person who violates a provision of this ordinance shall be
prohibited from serving on a Village competitive selection committee. In addition to any
other penalty provided by law, violation of any provision of this ordinance by a Village
employee shall subject the employee to disciplinary action up to and including
dismissal. Additionally, any person who has personal knowledge of a violation of this
ordinance shall report the violation to the State Attorney and, or, may file a complaint
with the Ethics Commission.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 32
SECTION X—QUALIFICATION FORMS
The forms located in this section of the RFP shall be included in the Sealed Proposal. Forms not
completed in full may result in disqualification.
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 133
FORM 1
BID PROPOSAL NORTH BAY VILLAGE CROSSING GUARDS
The following Bid Proposal is presented to assist the Village in evaluating the Proposals. The
Total Base Bid Amount will include all items described in the Section 5 of the Bid Documents
(Technical Specifications/Scope of Services). Any additional services that are not included in
the Contract shall be performed at the request of the Village Manager. Payment shall be made
on the basis of Work actually performed and completed.
Hourly Rate per Crossing Guard $
Hourly Rate for Supervisor $
Taxpayer Identification Number:
BIDDER:
(Company Name)
(Signature of Authorized Representative)
(Printed Name and Title)
Page 134
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 135
FORM 2
PROPOSER'S STATEMENT OF ORGANIZATION
1. Full Name of Business Concern(Proposer):
Principal Business Address:
2. Principal Contact Person(s):
3. Form of Business Concern(Corporation, Partnership,Joint Venture, Other):
4. Provide names of partners or officers as appropriate and indicate if the individual has the
authority to sign in name of Proposer. Provide proof of the ability of the individuals so
named to legally bind the Proposer.
Name Address Title
Page 136
If a corporation,in what state incorporated:
Date Incorporated:
Month Day Year
If a Joint Venture or Partnership,date of agreement:
5. List all firms participating in this project(including subcontractors,etc.):
Name Address Title
1.
2.
6. Outline specific areas of responsibility for each firm listed in Question 5.
1.
2.
7. Licenses:
a. County or Municipal Occupational License No.
(Attach Copy)
b. Occupational License Classification:
Page 137
c. Occupational License Expiration Date:
d. Social Security or Federal I.D.No:
Page 138
FORM 3
PERSONNEL
For each person providing services sought in the RFP,provide a detailed resume
indicating that individual's areas of expertise and experience. Resumes must be provided
in the following format,however,additional information may be provided at the option
of the Proposer.
A. Name&Title
B. Years of Experience with:
This Firm:
With Other Similar Firms:
C. Education:
Degree(s)
Year/Specialization
D. Professional References: (List a minimum of 3)
E. Other Relevant Experience and Qualifications
F. Attach applicable licenses for each individual performing services pursuant to this
Contract.
Page 39
FORM 4
REFERENCES
The Proposer shall provide a minimum of three(3)references of public agencies presently being
served by the Proposer with similar services to those being proposed in this Proposal.
1. Name of Public Agency:
Address:
Phone Number:
Principal Contact Person(s):
Year Contract Initiated:
2. Name of Public Agency:
Address:
Phone Number:
Principal Contact Person(s):
Year Contract Initiated:
3. Name of Public Agency:
Address:
Phone Number:
Principal Contact Person(s):
Year Contract Initiated:
Page 40
FORM 5
NON-COLLUSION AFFIDAVIT
The undersigned individual,being duly sworn, deposes and says that:
1. He/She is of ,
the Proposer that has submitted the attached Proposal;
2. He/She is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
3. Such Proposal is genuine and is not a collusive or sham Proposal;
4. Neither said Proposer nor any of its officers,partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded,
connived, or agreed, directly or indirectly, with any other Proposer, firm or person to
submit a collusive or sham proposal in connection with the Contract for which the
attached Proposal has been submitted or to refrain from proposing in connection with
such agreement, or has in any manner, directly or indirectly, sought by agreement of
collusion or communication of conference with any other Proposer, firm, or person to
fix the price or prices in the attached RFP, or of any other Proposer, or to fix any
overhead,profit or cost element of the Proposal or the response of any other Proposer,
or to secure through any collusion, connivance, or unlawful agreement any advantage
against North Bay Village, Florida, or any person interested in the proposed Contract;
and
5. The response to the attached RFP is fair and proper and is not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the
PROPOSER or any of its agents, representatives, owners, employees, or parties in
interest, including this affiant.
Signature(Blue ink only)
Print Name
Title
Date
Page 141
Witness my hand and official notary seal/stamp at the day
and year written above
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE )
BEFORE ME,an officer duly authorized by law to administer oaths and take
acknowledgments,personally appeared as
, of ,
an organization authorized to do business in the State of Florida, and acknowledged
executing the foregoing Affidavit as the proper official of
for the use and purposes mentioned in the Affidavit and affixed the official seal of the
corporation, and that the instrument is the act and deed of that corporation. He/She is
personally known to me or has produced as
identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of , 201_
NOTARY PUBLIC
My Commission Expires:
Page 142
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 143
FORM 6
DRUG-FREE WORKPLACE
The undersigned vendor(firm) in accordance with Chapter 287.087,Florida Statutes,
hereby certifies that does:
(Name of Company)
1. Publish a statement notifying employees that the unlawful manufacturing, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Give each employee engaged in providing the contractual services that are under
consideration a copy of the statement specified in subsection(1).
4. In the statement specified in subsection (1), notify the employee that, as a condition of
working on the contractual services that are under consideration, 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.
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.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
Page 144
7. As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Signature(Blue ink only)
Print Name
Title
Date
Witness my hand and official notary seal/stamp at the day
and year written above
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
BEFORE ME,an officer duly authorized by law to administer oaths and take
acknowledgments,personally appeared as
of ,
an organization authorized to do business in the State of Florida, and acknowledged
executing the foregoing Form as the proper official of for the
use and purposes mentioned in the Form and affixed the official seal of the corporation, and
that the instrument is the act and deed of that corporation. He/She is personally known to me
or has produced as identification.
Page 145
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of ,201_.
NOTARY PUBLIC
My Commission Expires:
Page 146
FORM 7
ACKNOWLEDGMENT OF ADDENDA
The Proposer hereby acknowledges the receipt of the following addenda issued by the
Village and incorporated into and made part of this RFP. In the event the Proposer fails to
include any such addenda in the table below, submission of this form shall constitute
acknowledgment of receipt of all addenda,whether or not received by him/her.
ADDENDUM DATE PRINT NAME TITLE SIGNATURE
NUMBER RECEIVED (BLUE INK ONLY)
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 147
FORM 8
INDEPENDENCE AFFIDAVIT
The undersigned individual, being duly sworn, deposes and says that:
1. He/She is of , the
Proposer that has submitted the attached Proposal;
2. (a) Below is a list and description of any relationships,professional, financial or
otherwise that Proposer may have with the Village, its elected or appointed
officials, its employees or agents or any of its agencies or component units for the
past five (5) years.
(b) Additionally, the Proposer agrees and understands that Proposer shall give the
Village written notice of any other relationships professional, financial or
otherwise that Proposer enters into with the Village, its elected or appointed
officials, its employees or agents or any of its agencies or component units during
the period of the Contract.
(If paragraph 2(a)above does not apply,please indicate by stating,"not applicable"in the space
below.)
3. I have attached an additional page to this form explaining why such relationships do not
constitute a conflict of interest relative to performing the services sought in the RFP.
Signature(Blue ink only)
Print Name
Title
Date
Page 148
[Acknowledgment on following page.]
Page 149
Witness my hand and official notary seal/stamp at the day
and year written above
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments,personally appeared as
, of ,
an organization authorized to do business in the State of Florida, and acknowledged
executing the foregoing Affidavit as the proper official of for
the use and purposes mentioned in the Affidavit and affixed the official seal of the
corporation,and that the instrument is the act and deed of that corporation. He/She is
personally known to me or has produced as
identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of ,201_
NOTARY PUBLIC
My Commission Expires:
[THIS SPACE INTENTIONALLY LEFT BLANK]
Page 150
FORM 9
CERTIFICATION TO ACCURACY OF PROPOSAL
PROPOSER, by executing this Form, hereby certifies and attests that all Forms, Affidavits and
documents related thereto that it has enclosed in the Proposal in support of its Proposal are true
and accurate. Failure by the PROPOSER to attest to the truth and accuracy of such Forms,
Affidavits and documents shall result in the Proposal being deemed non-responsive and such
Proposal will not be considered.
The undersigned individual,being duly sworn, deposes and says that:
1. He/She is of the
PROPOSER that has submitted the attached Proposal;
2. He/She is fully informed respecting the preparation and contents of the attached
Proposal and of all Forms, Affidavits and documents submitted in support of such
Proposal;
3. All Forms, Affidavits and documents submitted in support of this Proposal and
included in this Proposal are true and accurate;
4. No information that should have been included in such Forms, Affidavits and
documents has been omitted; and
5. No information that is included in such Forms, Affidavits or documents is false or
misleading.
Signature(Blue ink only)
Print Name
Title
Date
Page 151
Witness my hand and official notary seal/stamp at the day
and year written above
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as
of ,
an organization authorized to do business in the State of Florida, and acknowledged
executing the foregoing Form as the proper official of for the
use and purposes mentioned in the Form and affixed the official seal of the corporation, and
that the instrument is the act and deed of that corporation. He/She is personally known to me
or has produced as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of 9201 ._
NOTARY PUBLIC
My Commission Expires:
Page 152
FORM 10
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to the NORTH BAY VILLAGE by:
[print individual's name and title]
for
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the
individual signing this sworn statement: ).
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not limited
to , any bid or contract for goods or services to be provided to any public entity or an
agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict,nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
Page 53
b. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership by
one person of shares constituting a controlling interest in any person, or a pooling of
equipment or income among persons when not for fair market value under an arm's
length agreement, shall be a prima facie case that one person controls another person. A
person who knowingly enters into a joint venture with a person who has been convicted
of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 (1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract and which bids or applies to
bid on contracts for the provision of goods or services let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives,partners, shareholders, employees,
members, and agents who are active in management of an entity.
Based on information and belief,the statement which I have marked below is true in relation
to the entity submitting this sworn statement. [Indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent of July 1, 1989. However, there has
been a subsequent proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list. (attach a copy of the final order.]
Page 54
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS
FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Signature
STATE OF FLORIDA )
COUNTY OF MIAMI-DADS )
On this the day of , 20 , before me, the undersigned Notary
Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared
before notary) and whose name(s)
is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they
executed it.
WITNESS my hand and official seal.
Notary Public, State of Florida
NOTARY PUBLIC:
SEAL OF OFFICE:
(Name of Notary Public: print, stamp or type as commissioned.
Personally known to me, or
Personal identification:
(Type of Identification Produced)
Did take an oath,or
Did Not take an oath
Page 155
I
Page 156
Section 11
SAMPLE CONTRACT.
THIS CONTRACT ("Contract"), made as of , 201_by and between
NORTH BAY VILLAGE (VILLAGE), a Florida municipality and , a
Florida corporation("CONTRACTOR"), located at
WHEREAS, the VILLAGE has awarded RFP Number 2013-002 for School Crossing
Guard Services to CONTRACTOR, pursuant to Village Commission Resolution No. 2013-XX;
and
WHEREAS, Resolution 2013-XX authorizes the Village Manager to execute a Contract
with CONTRACTOR, in the form provided in RFP 2013-002 together with such changes to
form as approved by the Village Manager and Village Attorney.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
legal sufficiency of which is hereby acknowledged,the parties agree as follows:
1. SCOPE OF WORK -CONTRACTOR shall provide all materials,personnel and services
necessary to perform the scope of work as outlined in Section 5 of the RFP, Technical
Specifications/Scope of Services following the Miami-Dade Public Schools Calendar for
Elementary Schools.
1.1 The crossing guards will be billed at three hours per day except Wednesday; on
Wednesdays the early release makes it a two-hour day.
1.2 Field Supervisor will be billed at-three hours per day.
1.3 CONTRACTOR shall have, at all times during the term hereof, at its ready
disposal,backup personnel.
1.4 CONTRACTOR shall provide the VILLAGE with a DUTY ROSTER providing
the names of each Personnel,and the location of such individual's post location.
1.5 DUTY HOURS and LOCATIONS:
1.5.1 CONTRACTOR shall provide the personnel described above during
school hours and at all posts as deemed necessary by the VILLAGE.
1.5.2 VILLAGE has the right to change the duty hours, as well as duty
location,by written directive,which shall become effective on the date set
forth in such written directive,provided that such date shall not be sooner
than three(3)business days from the date of the written directive.
Page 57
1.5.3 CONTRACTOR acknowledges that VILLAGE is contracting for the full
crossing guard services for the hours and at the described posts as stated
in the RFP. CONTRACTOR shall ensure all crossings are covered with
qualified personnel at each post during the prescribed post hours.
1.6 SCREENING, TRAINING AND SUPERVISION:
1.6.1 CONTRACTOR will conduct a Criminal History check and provide Drug
Testing, to identify perspective personnel for hire. CONTRACTOR shall
be solely responsible for the costs of conducting such checks and testing.
Criminal history check will be in accordance to Florida Statute 1012.465.
1.6.2 CONTRACTOR shall be responsible for furnishing the training,
certification and annual re-training of each of the required personnel.
1.6.3 CONTRACTOR represents that it is a qualified trainer, or has contracted
with a qualified trainer approved as part of the initial RFP 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 VILLAGE by
CONTRACTOR.
1.7 UNIFORM:
1.7.1 All personnel shall wear dark slacks, skirts or shorts and a white top with
appropriate identification badge and reflective vest.
1.7.2 At all times during the performance of their duties, all personnel shall
dress in a clean and neat manner.
1.7.3 CONTRACTOR is responsible for supplying all equipment required by
the state of Florida, to include the following for each guard: A hand-held
stop sign (retro reflective), a fluorescent retro reflective safety vest and a
metal whistle with a lanyard
1.8 COMPORTMENT; CHANGE OF PERSONNEL:
1.8.1 At all times when such personnel are working in the VILLAGE whether
or not on duty, such personnel shall comport themselves in a manner
which will not bring disrespect to the VILLAGE or CONTRACTOR, or
call into question the competence or demeanor of such person relative to
the performance of School Crossing Guard Services, which, by its nature,
requires such personnel to come into contact with minors.
Page ( 58
1.8.2 VILLAGE 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
2. CONSIDERATION:
2.1 CONTRACTOR shall be compensated for the services provided hereunder in
accordance with the following hourly rates:
2.1.1 Crossing Guards shall be billed at an hourly rate of. $
2.1.2 Supervisor shall be billed at an hourly rate of: $
2.2 CONTRACTOR 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 remuneration; all labor contract compliance, and all
other charges.
2.3 CONTRACTOR is being retained as an Independent CONTRACTOR and
acknowledges this Contract does not create any employment relationship with
VILLAGE.
2.4 VILLAGE shall bear no responsibility for any salary, wages, charges, fees,
permits, and the like associated with the employment of CONTRACTOR
personnel.
2.5 CONTRACTOR shall provide the Village with an invoice on a monthly basis
within ten (10) days of the end of each month stating the services provided in the
preceding month.
2.6 The Village shall make payment on said invoices of approved amounts due,
which are not subject to set off, as required under the Florida Prompt Payment
Act. No payments shall be due or payable for Work not performed or materials
not furnished.
2.7 Any and all additional services outside of the Detailed Specifications as defined in
Exhibit"A" and performed by the CONTRACTOR, shall be at the sole discretion
of the Village Manager and shall be paid pursuant to the terms and conditions of
this Contract.
Page 59
3. TERM/RENEWAL:
3.1 This Contract shall commence on February 3, 2014 and include the period from
the commencement date through February 2, 2017. The initial contract will be for
a period of three years.
3.2 The Village Manager may, at his or her sole option, extend this Contract on the
same terms and conditions for up to one (1) additional two (2) year term (the
"Renewal Term"). Such Renewal Term shall be effective upon receipt of a
written notice from the Village Manager to the CONTRACTOR received no later
than thirty(30)days prior to the date of termination.
4. TERMINATION:
4.1 Either party may terminate this Contract without cause upon thirty (30) days
written notice to the other party.
4.2 Upon notice of such termination, the VILLAGE shall determine the amounts due
to the CONTRACTOR for services performed up to the date of termination. The
CONTRACTOR shall not be entitled to payment of any lost profits or for Work
performed after the date of termination.
4.3 After receipt of a notice of termination, and except as otherwise directed, the
CONTRACTOR shall stop all Work under this Contract on the date specified in
the notice of termination.
4.4 The VILLAGE may terminate this Contract upon five (5) days written notice if
the CONTRACTOR defaults on any material term of this Contract. The
VILLAGE will be responsible only for the cost of Work accepted and approved
by the Village Manager at the time of termination.
5. CONTRACT DOCUMENTS: The following documents shall, by this reference, be
considered part of this Contract:
RFP;
All Addenda;
Contract;
Proposal, including all Forms submitted;
Detailed Specifications;
Insurance and Bond or Security Certificates and Instruments.
Page 160
6. INSURANCE AND BONDS:
6.1 The CONTRACTOR shall secure and maintain throughout the duration of this
Contract, insurance of such type and in such amounts necessary to protect its
interest and the interest of the VILLAGE against hazards or risks of loss as
specified below. The underwriter of such insurance shall be qualified to do
business in Florida, be rated A or better, and have agents upon whom service of
process may be made in the State of Florida. The insurance coverage shall be
primary insurance with respect to the VILLAGE, its officials, employees, agents
and volunteers. Any insurance maintained by the VILLAGE shall be in excess of
the CONTRACTOR'S insurance and shall not contribute to the
CONTRACTOR'S insurance. The insurance coverages shall include a minimum
of:
6.2 Worker's Compensation and Employer's Liability Insurance: Coverage to apply
for all employees for statutory limits as required by applicable State and Federal
laws. The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident.
6.3 Comprehensive Automobile and Vehicle Liability Insurance: This insurance shall
be written in comprehensive form and shall protect the CONTRACTOR and the
VILLAGE against claims for injuries to members of the public and/or damages to
property of others arising from the CONTRACTOR'S use of motor vehicles or
any other equipment and shall cover operation with respect to onsite and offsite
operations and insurance coverage shall extend to any motor vehicles or other
equipment irrespective of whether the same is owned, non-owned, or hired. The
limit of liability shall not be less than $1,000,000.00 per occurrence, and two
million dollars($2,000,000)general aggregate limit:
6.4 Commercial General Liability: This insurance shall be written in comprehensive
form and shall protect the CONTRACTOR and the VILLAGE against claims
arising from injuries to members of the public or damage to property of others
arising out of any act or omission to act of the CONTRACTOR or any of its
agents, employees, or subcontractors. The limit of liability shall not be less than
$1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability
and Property Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Commercial General Liability Policy,
without restrictive endorsements, as filed by the Insurance Services Office, and
must include: (1) Premises and/or Operations; (2) Independent contractors and
Products and/or completed Operations; (3) Broad Form Property Damage,
Personal Injury and a Contractual Liability Endorsement, including any hold
harmless and/or indemnification agreement.
Page 61
6.5 Certificate of Insurance: CONTRACTOR shall provide the Village Manager with
Certificates of Insurance for all required policies. The Certificates of Insurance
shall not only name the types of policy(ies) provided, but also shall refer
specifically to this Contract and shall state that such insurance is as required by
this Contract. The VILLAGE reserves the right to require the CONTRACTOR to
provide a certified copy of such policies, upon written request by the VILLAGE.
If a policy is due to expire prior to the completion of the services, renewal
Certificates of Insurance or policies shall be furnished thirty (30) calendar days
prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days' written
notice shall be provided to the VILLAGE before any policy or coverage is
cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of
the Village Manager.
6.6 Additional Insured: The VILLAGE is to be specifically included as an Additional
Insured for the liability of the VILLAGE resulting from operations performed by
or on behalf of CONTRACTOR in performance of this Contract.
CONTRACTOR'S insurance, including that applicable to the VILLAGE as an
Additional Insured, shall apply on a primary basis and any other insurance
maintained by the VILLAGE shall be in excess of and shall not contribute to
CONTRACTOR'S insurance. CONTRACTOR'S insurance shall contain a
severability of interest provision providing that, except with respect to the total
limits of liability, the insurance shall apply to each Insured or Additional Insured
in the same manner as if separate policies had been issued to each.
6.7 Deductibles: All deductibles or self-insured retentions must be declared to and be
approved by the Village Manager. The CONTRACTOR shall be responsible for
the payment of any deductible or self-insured retentions in the event of any claim.
6.8 Bond: Prior to performing under this Contract and within three (3) days of the
Effective Date hereof, the CONTRACTOR shall deliver to the VILLAGE a cash
bond, letter of credit or performance bond in the amount of twenty thousand
dollars ($20,000), in a form approved by the Village Attorney. The surety
providing any such Bond must be licensed authorized and admitted to do business
in the State of Florida and must be listed in the Federal Register (Dept. of
Treasury, Circular 570).
The cost of the premiums for such Bond shall be at no cost to the VILLAGE. If
notice of any change affecting the work under the Contract,the Contract Prices or
Term or any of the provisions of the RFP Documents is required by the provisions
of any Bond to be given to a surety, the giving of any such notice shall be
CONTRACTOR'S sole responsibility.
Page 62
7. INDEMNIFICATION:
7.1 CONTRACTOR shall indemnify, save harmless and defend VILLAGE, its
agents, servants, and employees from and against any and all claims, liability,
losses, and/or cause of action, including court costs and attorneys' fees, fines,
expenses, and penalties up through trial and on appeal of any kind or nature which
may arise from any negligent act or omission, misfeasance, or malfeasance of
CONTRACTOR, its agents, servants, or employees in the performance of
services under this contract.
7.2 CONTRACTOR further agrees to indemnify, save harmless and defend
VILLAGE, its agents, servants, and employees from and against any claim,
demand or cause of action whatsoever kind or nature, including court costs and
attorneys' fees, arising out of any conduct or misconduct, act or omission of
CONTRACTOR not included in the paragraph above and for which the
VILLAGE, its agents, servants or employees are alleged to be liable.
7.3 The CONTRACTOR shall be held responsible for any violation of laws, rules,
regulations or ordinances affecting in any way the conduct of all persons engaged
in or the materials or methods used by him, on the Work. CONTRACTOR shall
give all notices and comply with all laws, ordinances, rules, regulations and
orders of any public authority bearing on the performance of the Work under this
Contract.
8. INDEPENDENT CONTRACTOR RELATIONSHIP: CONTRACTOR is, and shall be,
in the performance of all work services and activities under this Contract, an Independent
CONTRACTOR, and not an employee, agent,or servant of VILLAGE .
9. ASSIGNMENT AND AMENDMENT: No assignment by the CONTRACTOR of this
Contract or any part of it, or any monies due or to become due, shall be made, nor shall
the CONTRACTOR hire a subcontractor to perform its duties under this Contract without
prior written approval of the VILLAGE. This Contract may only be amended, by the
parties,with the same formalities as this Contract.
10. CONSTRUCTION: This Contract 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 exclusively in Miami-Dade County,Florida.
Page 163
11. INSPECTION AND AUDIT: During the term of this Contract and for three (3) years from
the date of Termination the Contract shall allow City representatives access during
reasonable business hours to Contractor's and any subcontractor's records related to this
Contract for the purposes of inspection or audit of such records. If upon audit of such
records, the City determines the Contractor was paid for services not performed, upon
receipt of written demand by the City, the Contractor shall remit such payments to the
City.
12. ACCESS TO PUBLIC RECORDS: The CONTRACTOR shall comply with the
applicable provisions of Chapter 119, Florida Statutes. The VILLAGE shall have the
right to immediately terminate this Contract for the refusal by the CONTRACTOR to
comply with Chapter 119, Florida Statutes. The CONTRACTOR shall retain all records
associated with this Contract for a period of three (3)years from the date of Termination.
13. SEVERABILITY: If a term, provision, covenant, contract or condition of this Contract is
held to be void, invalid, or unenforceable, the same shall not affect any other portion of
this Contract and the remainder shall be effective as though every term, provision,
covenant, contract or condition had not been contained herein
14. JOINT PREPARATION: The preparation of this Contract 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 Contract be construed liberally to achieve its intent.
15. COUNTERPARTS: This Contract 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
contract.
16. 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:
VILLAGE: NORTH BAY VILLAGE
Frank J. Rollason; Village Manager
1666 Kennedy Causeway, Suite 300
North Bay Village,FL 33141
With COPY to: North Bay Village
Robert J. Daniels; Chief of Police
1666 Kennedy Causeway, Suite 300
North Bay Village, FL 33141
Page 64
CONTRACTOR:
17. In the event of any conflict between any provisions of this Contract and any provisions in
the exhibits hereto,the parties agree that the provisions of this Contract are controlling.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first above written.
ATTESTED: NORTH BAY VILLAGE:
BY: BY:
Yvonne Hamilton,Village Clerk Frank J. Rollason,Village Manager
APPROVED AS FORM FOR THE USE
OF NORTH BAY VILLAGE:
Weiss Serota Helfman
Pastoriza Cole &Boniske
Village Attorney
SIGNED, SEALED AND
DELIVERED IN THE
PRESENCE OF: CONTRACTOR:
BY: BY:
WITNESS
WITNESS
Page 165
EXHIBIT A
North Bay Village School Crossing Guard Locations—School Year 2013-2014
School—Treasure Island Elementary: 7540 East Treasure Drive,North Bay Village Florida
33141
All post times will be 07:30 am to 09:00 am and 2:00 pm to 3:30 pm. On early release days
(currently Wednesdays),will be 1:00 pm to 2:30 pm. for a total of three man hours per school
day for each Guard. Total Guard work hours will be 12 hours per day.
Guard post#1 —Kennedy Causeway at intersection of East Treasure Drive,north side of
roadway.
Guard post#2 Kennedy Causeway at intersection of East Treasure Drive, south side of
roadway.
Guard post#3 —7601 East Treasure Drive at crosswalk on East Treasure Drive in front of
school.
Page 166
EXIHBIT B
Weekly Group Time Sheet
Page 167
EXHIBIT "B"
AGREEMENT BETWEEN THE CITY OF DANIA BEACH,FLORIDA,AND
STAFFING CONNECTIONS,INC. FOR SCHOOL CROSSING GUARD
STAFFING SERVICES
THIS IS AN AGREEMENT, made on , 2014, by and between the
CITY OF DANIA BEACH, FLORIDA (the "City"), a Florida municipal corporation and
STAFFING CONNECTIONS, INC. (the"Company"), a Florida corporation.
WHEREAS, City is desirous of providing a 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 staffing services,with appropriate certifications; and
WHEREAS, the parties are desirous of providing for the terms and conditions of their
Agreement;
NOW, THEREFORE, In consideration of the mutual covenants contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged,the parties, intending to be legally bound, covenant and agree as follows:
1. Services.
Company shall provide the school crossing guard staffing 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 times 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 staffing services upon
three (3) days' written notice, specifying its needs. In no case during the three (3) year term of
this Agreement, shall the cost to the City exceed One Hundred Nineteen Thousand Two Hundred
Fifty-Seven Dollars and Forty Cents ($119,257.40) 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 Broward County 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
4 RESOLUTION#2014-057
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.
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 this Agreement. 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
staffing services for the hours and at the described posts as stated in this Agreement. This
Agreement requires that qualified personnel staff be at each post during the prescribed post
hours.
Company will conduct a criminal history check and also provide drug testing to
prospective employees in order to identify personnel for hire.
4. Training and Supervision.
Company shall be responsible for furnishing the training and certification of its
personnel. Company represents that it is a qualified trainer and shall provide personnel meeting
the training and certification standards required pursuant to Section 234.302, Florida Statutes.
All school crossing guards shall be retrained on a yearly basis for four (4) hours. No person
lacking such training or certification shall be provided to the City by Company. Company shall
have, at all times during the tern of this Agreement, at its ready disposal,backup personnel. The
City shall pay the hourly rate as set forth in this Agreement, for actual training and retraining of
applicable personnel by Company.
5. Uniforms.
All personnel ro ided by the Comp any shall wear dark slacks, skirts or shorts and a
white top with appropriate photo ID badges attached to it. At all times during the performance of
their duties, all personnel shall dress in a clean and neat manner. Company will assume
replacement responsibility of personnel as needed.
6. Comportment; Change of Personnel.
5 RESOLUTION#2014-057
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 staffing services, 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 upon no less than three (3) business days' written notice, setting forth the name of
the employee to be replaced or in the absence of a name,the description of that employee and the
location of the post.
7. Duty Roster.
Company shall provide the City with the names of all personnel and the location of all
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individuals' post locations. Such roster shall be provided on a weekly basis as of Friday of the
preceding work week.
8. Term.
This Agreement shall commence on the first day of school and include the period from
the commencement date through the last day of the academic 2014-2015 school year, according
to the Broward County School District schedule, as well as the schedule for summer school, for
the remaining part of the school year. The initial term of the Agreement will be for three (3)
years, with the option of City to renew the Agreement for one (1) renewal period of two (2)
years. Option of the City to renew shall be provided in writing to Company pursuant to the
notice provision,thirty(30)days' prior to the end of the Agreement term.
9. BiUinE•
Company shall provide invoices to the City on a weekly basis and the same shall be paid
to Company within thirty(30)days.
10. Termination.
Either party may terminate this Agreement upon written notice to the other, provided that
the staffing services shall not be terminated until thirty (30) days subsequent to the date of such
written notice.
11. Insurance.
The Company shall not commence providing the staffing services until Company has
obtained all insurance coverage required under this Agreement, and not until such time that the
coverages are approved by the Risk Manager of the City. The Company shall not allow any
employee of Company or any Subcontractor of Company to commence Work at any crossing
guard post until the Subcontractor and all Coverages required of any Subcontractor have been
obtained and approved by the Risk Manager of the City. In addition, Company shall be
responsible for any and all policy deductibles and self-insured retentions.
6 RESOLUTION#2014-057
11.1 All Certificates of Insurance must clearly identify the contract to which
they pertain, including a brief description of the subject matter of the contract. The
certificates shall contain a provision that coverage afforded under the policies will not be
canceled until at least thirty (30) days' prior written notice has been given to City. If the
coverage is not provided, then Company is responsible for such notice to City. Insurance
policies for required coverages shall be issued by companies authorized to do business
under the laws of the State of Florida and any such companies' financial ratings must be no
less than A-VII in the latest edition of the "BEST'S KEY RATING GUIDE", published by
A.M. Best Guide. In the event that the insurance carrier's rating shall drop, the insurance
carrier shall immediately notify the City in writing.
11.2 In the event insurance certificates provided to City indicate that the insurance
shall terminate and lapse during the term of this Agreement, or any renewal term of it, then
in that event, the Company shall furnish, at least thirty (30) days prior to the expiration of
the date of such insurance, a renewed Certificate of Insurance as proof that equal and like
coverages for the balance of the period of this Agreement, or any renewal term of it, is in
effect. THE COMPANY AND ANY SUBCONTRACTOR OF THE COMPANY,
SHALL NOT PERFORM OR CONTINUE TO PROVIDE STAFFING SERVICES
TO THE CITY PURSUANT TO THE AGREEMENT, UNLESS ALL INSURANCE
COVERAGES REMAIN IN FULL FORCE AND EFFECT.
INSURANCE REQUIREMENTS.
11.3 The below insurance coverages are minimum limit requirements. Umbrella
or Excess Liability policies are acceptable to provide the total required liability limits, as
long as the Risk Manager of the City reviews and approves insurance limits on each of the
policies. The City must approve any changes to these specifications and has the right to
review and amend coverage requirements. The Company shall be held responsible for any
modifications, deviations, or omissions in these insurance requirements. Company shall be
responsible for any deductible amounts.
11.3.1 GENERAL LIABILITY INSURANCE is to include bodily injury,
broad form property damage, blanket contractual liability and personal/advertising injury
with limits of no less than One Million Dollars ($1,000,000.00) per occurrence, and Two
Million Dollars ($2,000,000.00) annual aggregate.
SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
• Annual Aggregate shall apply"Per Job";
• "The City of Dania Beach,Florida" is added as a named"Additional Insured";
• Additional insured coverage shall be no more restrictive than Insurance Services
Office (ISO) form CG 2037 (07 04);
• Contractor's insurance shall be primary and non-contributory;
• Waiver of Subrogation in favor of the City;
• 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies,then Company has responsibility for notification); and
7 RESOLUTION#2014-057
• Copy of Additional Insured Endorsement or other endorsements may be attached to
the Certificate.
11.3.2 WORKERS' COMPENSATION INSURANCE shall be maintained
by Company and any subcontractors of it during the life of the Agreement and it is to
apply to all "statutory employees" of Company (as that phrase is defined by Chapter 440,
Florida Statutes), in compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws, for the benefit of the Company, its employees,
and Subcontractors.
In the case any of the staffing services are sublet as otherwise addressed in this
Agreement, Company shall require any Subcontractors similarly to provide Workers'
Compensation Insurance for all of the latter's employees, in addition to any coverage
afforded by the Company, by furnishing statutory limits Part A.
In all cases, no less than and One Million Dollars ($1,000,000.00) employers'
liability limits Part B must be provided for all persons performing services under this
Agreement.
In no event shall the company be permitted to utilize in the prosecution of the
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staffing services,the following:
i) any employee, subcontractor or subcontractor employee that is
exempted or purported to be exempt from Workers'
Compensation Insurance coverage; or
ii) any employee, subcontractor or subcontractor employees who will be
covered by an employee leasing arrangement.
SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
• 30 Days' Notice of Cancellation or modification to City(if not available on the
insurance Certificates,then Company has responsibility for notification); and
• Waiver of Subrogation in favor of City.
12. Notices.
Except as provided above, whenever either parry 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 Director/Risk Manager
City of Dania Beach, Florida
8 RESOLUTION#2014-057
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
Company: Karen Hoover, President
Staffing Connections, Inc.
6555 North Powerline Road, Suite 306
Fort Lauderdale, Florida 33309
13. Indemnification.
Company shall, in addition to any other obligation to indemnify the City and to
the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City,
including its agents, elected officials and employees from and against all claims, actions,
liabilities, losses(including economic losses),or costs arising out of any actual or alleged:
(a) bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting from, or any other damage or loss arising out
of or resulting or claimed to have resulted in whole or in part from any actual or alleged
act or omission of the Company, anyone directly or indirectly employed by it, or anyone
for whose acts it may be liable in the performance of the work;
(b) any violation of law, statute, ordinance, governmental administrative order, rule,
regulation, or infringement of patent rights by Company in the performance of the work;
(c) liens, claims, actions made by the Company or other party performing the work;
(d) claims of whatsoever nature related to collection practices or any actions of a
contradictory nature pursuant to the Agreement, or in an attempt to collect monies due or
claimed to be due to the City.
14. Attorney's Fees and costs.
If City or Company incurs any expense in enforcing the terms of this Agreement,
whether suit is brought or not each shall bear its own costs and expenses including, but not
l� P�3' P
limited to, court costs and reasonable attorney's fees.
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. Governing Law; Consent to Jurisdiction.
9 RESOLUTION#2014-057
The law of the State of Florida shall govern this Agreement. This Agreement is not
subject to arbitration. The parties submit to the jurisdiction of any Florida state or federal court
in any action or proceeding arising out of, or relating to it. Venue of any action to enforce this
Agreement shall be in Broward County, Florida. The parties expressly waive all rights to trial by
jury for any disputes arising from or in any way connected with this Agreement. The parties
understand and agree that this waiver is a material contract term.
16.1 All claims, counterclaims, disputes and other matters in question between
City and Company arising out of, relating to or pertaining to this Agreement, or the breach of it,
or the services of it, or the standard of performance required in it, shall be addressed by resort to
non-binding mediation as authorized under the laws and rules of Florida; provided, however, that
in the event of any dispute between the parties, the parties agree to first negotiate with each other
for a resolution of the matter or matters in dispute and, upon failure of such negotiations to
resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such
matter may be determined by litigation in a court of competent jurisdiction in Broward County,
Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate
courts for such venue and jurisdiction.
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. 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.
19. Severability. If any provision of this Agreement or the application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full
force and effect, and shall be enforced to the fullest extent permitted by law.
20. All Prior Agreements Superseded. This Agreement incorporates and includes
all prior negotiations, if any, correspondence, conversations, agreements and understandings
applicable to the matters contained in this Agreement, and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this Agreement
that are not contained in it. Accordingly, it is agreed that no deviation from the terms and
conditions of this Agreement shall be predicated upon any prior representations or agreements,
whether oral or written.
21. Independent Contractors.
Company and personnel provided by and through it, and their agents shall be and remain
independent contractors and not employees of the City with respect to all of the acts and services
performed by them under the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint undertaking, enterprise or
10 RESOLUTION#2014-057
venture between the parties to this Agreement. All agents, personnel and subcontractors of the
Company retained to perform services pursuant to this Agreement, shall comply with all laws of
the United States concerning work eligibility.
22. The Company understands and agrees that the City, during any fiscal year, is not
authorized to expend money, incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year and that any Agreement, verbal or written, made in violation
of this subsection is null and void and that consequently, no money may be paid on such
Agreement beyond such limits. Nothing contained in this Agreement shall prevent the making
of Agreement terms for periods exceeding one (1) year, but any Agreement so made shall be
executory only for the value of the services to be rendered or agreed to be paid for in succeeding
fiscal years. Company shall not proceed with services under this Agreement without City's
written verification that the funds necessary for Company compensation and other necessary
expenditures are budgeted as available within the appropriate fiscal year budget.
23. Company warrants and represents that no elected official, officer, agent or
employee of the City has a financial interest, directly or indirectly, in this Agreement or the
compensation to be paid under it and, further, that no City employee who acts in the City of
Dania Beach as a"purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected
or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing
agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the
Company and, further, that no such City employee, purchasing agent, City elected or appointed
officer, or the spouse or child of any of them, alone or in combination, has a material interest in
the Company. Material interest means direct or indirect ownership of more than five percent
(5%)of the total assets or capital stock of the Company.
24. Company shall comply with all federal, state and City laws applicable to the
Company providing school crossing guard staffing services and specifically those covering
Equal Opportunity Employment, the Americans With Disabilities Act ("ADA") eligibility to
perform services as specified in the Florida Public Entity Crime law and the Florida Building
Code. The Company is expected to fully comply with all provisions of all applicable federal,
state, county and City laws, ordinances and rules, and the City reserves the right to verify the
Company's compliance with them. Failure to comply with any laws will be grounds for
termination of this Agreement for cause.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY:
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a Florida Municipal Corporation
LOUISE STILSON, CMC WALTER B. DUKE, III
11 RESOLUTION#2014-057
CITY CLERK MAYOR
APPROVED AS TO FORM AND
LEGAL CORRECTNESS:
THOMAS J. ANSBRO ROBERT BALDWIN
CITY ATTORNEY CITY MANAGER
DATE: , 2014.
COMPANY:
WITNESSES:
STAFFING CONNECTIONS, INC., a
Foreign corporation authorized to
conduct business in Florida
Signature
PRESIDENT
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me on , 2014, by
, as of Staffmg Connections, Inc., a Florida
corporation on behalf of the corporation, who is personally known to me or has produced
as identification and did(did not)take an oath.
NOTARY PUBLIC
State of Florida at Large
My commission expires:
12 RESOLUTION#2014-057