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HomeMy WebLinkAboutR-2019-080 City Authorizing to Utilize the Pricing Under the City of Tamarac RFP No. 19-23R to Provide School Crossing Guard Staffing Services w/ Waterfield Florida Staffing, LLC, D/B/A RESOLUTION NO. 2019-080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO UTILIZE THE PRICING UNDER THE CITY OF TAMARAC REQUEST FOR PROPOSAL ("RFP") NO. 19-23R TO PROVIDE SCHOOL CROSSING GUARD STAFFING SERVICES WITH WATERFIELD FLORIDA STAFFING, LLC, D/B/A ACTION LABOR OF FLORIDA, LLC, FOR A PERIOD OF TWO (2) YEARS, COMMENCING SEPTEMBER 1, 2019 THROUGH AUGUST 31, 2021 WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; 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 for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if she 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 Twenty Five Thousand Dollars ($25,000.00); 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 eighteen (18) months by other governmental agencies such as the federal government, state of Florida or a Florida municipality or county; and WHEREAS, the City Administration has determined that it is advantageous for the City of Dania Beach to utilize Waterfield Florida Staffing, LLC. d/b/a Action Labor of Florida, LLC (f/k/a Staffing Connections of Ft. Lauderdale) for school crossing guard staffing services; these are services which the City has utilized for a number of years; and WHEREAS, the City Administration has determined that such services can best be obtained with Waterfield Florida Staffing, LLC. d/b/a Action Labor of Florida, LLC, under the City of Tamarac's Request for Proposals ("RFP") No. 19-23R, 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) with an estimated annual cost of Eighty Eight Thousand Dollars ($88,000.00) during normal school year and One Hundred Nineteen Thousand Dollars ($119,000.00) in years in which summer school may occur in Dania Beach; and WHEREAS, the new proposed rate is eleven dollars and fifty-two cents ($11.52), and Waterfield Florida Staffing, LLC, d/b/a Action Labor of Florida, LLC, has agreed to and shall maintain the same rate for the City of Dania Beach for a period of two years, beginning September 1, 2019 through August 31, 2021; and WHEREAS, the existing contract with Staffing Connections of Ft. Lauderdale is set to expire August 26, 2019, with no further renewal options, a copy of which is attached as Exhibit "B", and made a part of and incorporated into this Resolution by this reference; and WHEREAS, the new contract will not be effective until September 1, 2019, leaving a period of one (1)week without an existing contract; the Human Resources Department is seeking to extend the existing contract until September 1, 2019; 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 Waterfield Florida Staffing, LLC, d/b/a Action Labor of Florida, LLC, for school crossing guard staffing services, a copy of which Agreement is attached as Exhibit "C", and made a part of and incorporated into this Resolution by this reference. Section 3. That the City Commission of the City of Dania Beach also authorizes the proper City officials to execute an amendment to an agreement with Staffing Connections of Ft. Lauderdale, LLC, from August 26, 2019 to September 1, 2019, a copy of which Agreement is attached as Exhibit "D", and made a part of and incorporated into this Resolution by this reference. 2 RESOLUTION#2019-080 Section 4. That the contracted billing rate per hour for Waterfield Florida Staffing, LLC, d/b/a Action Labor of Florida, LLC, will be Eleven Dollars and Fifty-Two cents ($11.52) and further will exceed the annual vendor threshold of Twenty Five Thousand Dollars ($25,000.00) each fiscal year the contract is in place. Section 5. That funding for the school crossing guard staffing services is planned and appropriated annually in the General Fund Contractual Services Account, Account No. 001-21- 01-521-34-10 and such purchases are to be made within the respective Departments' approved annual budget appropriations. Section 6. That the City Manager and City Attorney are authorized to make minor revisions to such documents as are deemed necessary and proper and in the best interest of the City. Section 7. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 8. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on July 30, 2019. ATTEST: o y THOMAS SCHNEIDER, CMC R` L EN CITY CLERK MAYOR �qeI/SHE0ti90 APPROVED A 0 F AND CORRECTNESS: t THOMAS . ANSB O CITY ATTORNEY 3 RESOLUTION#2019-080 TAMARACPurchasing and Contracts Division The City For Your Life Date: May 9, 2019 RFP NO. 19-23R REQUEST FOR PROPOSALS RFP 19-23R SCHOOL CROSSING GUARD SERVICES ALL QUALIFIED PROPOSERS: Sealed Proposals,shall be received through the City's e-Procurementwebsite bidsandtendersTM for the above referenced RFP before 3:00 PM EDT local time, MAY 29,2019. Interested parties shall submit packages to: https://www.tamarac.ora/bids for the following project: School Crossing Guard Services The City of Tamarac(City)is soliciting proposals on behalf of the Tamarac Community Development Department,and members of the Southeast Florida Governmental Purchasing Cooperative located in Northwest Broward County to obtain the services of a qualified firm to provide School Crossing Guard Services. Proposers shall submit responses electronically via https://tmarac.bidsandtenders.org/Module/Tenders/en,on or before the date and time referenced above.The City's solicitation management system will not accept electronic responses after 3:00 p.m. without exception. Any uncertainty regarding the time a submittal is received will be resolved against the submitting vendor. Bidder shall be required to register with bidsandtendersTm at www.tamarac.org/bids in orderto obtain access to the bid documents,and to submit their electronic response. Additionally, all written inquiries shall be submitted through bidsandtendersTm and all written addenda shall be communicated through bidsandtendersTA° as well. For inquiries, contact the Purchasing & Contracts Division Office at (954) 597-3570. City reserves the right to reject any or all Proposals,to waive any informalities or irregularities in any Proposals received, to re-advertise for Proposals, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained via the Internet at the website above. Keith K. Glatz, CPPO Purchasing and Contracts Manager Publish Sun-Sentinel: Wednesday, May 9, 2019 1525 NVtl 88 Avg,%, 1 famaras. FL 33321 0 (95411 597-31570 1 F: 1954) 1,597- 565 TAMARAC t The City For Your life City of Tamarac Purchasing and Contracts Division REQUEST FOR PROPOSALS RFP 19-23R SCHOOL CROSSING GUARD SERVICES Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract. Proposals will be opened in private. Award will be based on the criteria set forth herein. I. INTRODUCTION The City is soliciting proposals on behalf of the Tamarac Community Development Department, and various cities in Northwest Broward County to obtain the services of a qualified firm to provide School Crossing Guard Services. II. INFORMATION For information pertaining to this Request for Proposals (RFP), contact Purchasing and Contracts Manager Keith Glatz at (954) 597-3567. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted only by written addendum. All questions must be electronically submitted in writing through the City's Bids&Tenders electronic platform, available at www.tamarac.org/bids. III. SCHEDULE OF EVENTS A. The schedule of events related to this Request for Proposals shall be as follows: RFP Document issued May 9, 2019 Deadline for Written Questions May 20, 2019 @ Noon Deadline for Receipt of Proposals May 29, 2019 @ 3:00 PM Evaluation of Proposals May 29 — June 11, 2019 Presentations by Short-listed Proposers (if applicable) June 11, 2019 Final Ranking of Firms June 13, 2019 Anticipated Award by Commission July 10, 2019 All dates are tentative. City reserves the right to change scheduled dates. 2 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division REQUEST FOR PROPOSAL 19-23R SCHOOL CROSSING GUARD SERVICES B. VENDOR REGISTRATION 1. HOW TO REGISTER FOR OUR E-PROCUREMENT WEBSITE 1.1 Follow the step-by-step below to see how to sign up for our new e-Procurement system. A. Once you arrive at the registration page, you may sign-up by clicking-on the "Create Account" tab as shown below: j T , r � 1 Welcome to the City of Tamarac Current Solicitations Website " .wa�nmrymm.dmaem m wm..saa�mm�r.em„X�...s�mww=-.-aar.Aw.a wrm.m.m�.m..�s„s,.mmw�n m.r.�m w.e+xecwermwn..wwer &dewa..Nxf�rry�e&4�a uww0 pW Yatlw eom�r itlwua6enM1beoM Mep q Mp Y.eumm m n..r m a'er ae Mel-v qm.e Mr m me'fec6v u4x Mrh.a�05wW.t repimm..hou.aPRlkd"6wmrmN W.m denl..aMim Xmaewnveen imdntln Utl bm.eeK IedNci r.W.r. .no..nlw 4mmal ma.c f.�<wL�t A++Plal:�i^sn.6.wxc..; bae.ymnMe.ewrmmrmi�e nines PYimr.bbe.Ywa.mmM1�leY6MnmY+Xmemdgen.Wrtlo-r.eM 1» rein 2L.is Lamm 3us:J .. 4 Amer• �,. aumrm.—.—_ — nu sa.w mrcm.mr um. Lwr.ir *�•+...o.m.M�ma«�m,T,e�mw»e.z+:am. cmcam ew.aa ea.• i9nremroP TAWTAW PAG B. Fill-in your firm's contact information on the next page where the blue arrows are shown: 40 Organization Details win=-w+•.�,. o¢r� rorwriroar• ..—.,-.m...�„a.�...m.m,.4we.wam.,.....,�o.�,X�M1-�.....�+•v.«.m�....w..�...w�-,.....m,..,.a�..,b..., C. Use the Search Function to find the categories that you wish to bid on (example: Roofing). Then select the categories for which you are interested in receiving bid 3 ____ TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division notifications. D. Select the City of Tamarac as an entity. The default is checked to all, but you can clear the selections, and just click on the City of Tamarac(which will be ABSOLUTELY FREE for you.) You may also wish to choose other entities as well, but some entities may require you to pay a small fee. Please note that most entities,at this point,are located in Canada. eo.pow M �-� 1-.M-�•�•e- Categories Agency Notifications ca `r c.Yi►f 4..c. E. Add your contact information and set-up your user name and password. (The password parameters are shown to assist you in developing your USERID and password). We recommend that you specify emergency contact information as shown. After you press "Continue", you will receive an acknowledgement of successful entry. _. ......... __......... ...._...- I --r 4 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division IV. INSTRUCTIONS TO OFFERORS & lump sum or individual item basis unless otherwise stated, STANDARD TERMS AND CONDITIONS whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing 19-23R Procedures", Section 6-141 et seq. 2. TYPES OF SOLICITATIONS ISSUED BY THE CITY SCHOOL CROSSING GUARD SERVICES Anytime the City releases a new solicitation it will contain a suffix OUR VISION&MISSION of one of the following types: Our Vision: The City of Tamarac, our community of choice-- B=Invitation for Bid(ITB) leading the nation in quality of life through safe neighborhoods, R=Request for Proposal(RFP) a vibrant economy, exceptional customer service and L=Letter of interest(LOI) recognized excellence. Q=Request for Qualifications(RFQ) Our Mission:We Are"Committed to Excellence...Always"It is RB=Re-Bid ourjob to foster and create an environment that RP=Re-Proposal FQ=Formal Quotation(RFFQ) Responds to the Customer IQ=Informal Quotation(RFIQ) Creates and Innovates Works as a Team HQ=Housing Quotation(RFHQ) Achieves Results, and Makes a Difference This prefix/suffix will determine what type of solicitation the City will be utilizing. In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality 3. DEFINED TERMS service. Our vendors are truly partners in meeting these commitments to 3.1 "Addenda" —Written or graphic instruments the community, and in support of that vision and mission, we issued prior to the opening of Solicitations are committed to ensuring that qualified, competitive vendors which clarify,correct,or change the solicitation who share our commitment to quality,efficiency,teamwork and requirements or the contract document. customer service are employed to provide goods and services 3.2 "Agreement" — The written agreement to the City. Our vendors are expected to deliver high quality between the City and the Contractor covering products and efficient service that is provided on time and as the Work to be performed including other ordered; in a manner that improves the overall value of the Contract Documents that are attached to the services that the City provides to its residents. In addition, we Agreement and made a part thereof expect our vendors to work with the City as a team and exhibit the highest level of integrity when dealing with any office or 3.3 "City" - the City of Tamarac, a municipal department of the City. corporation of the State of Florida. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services 3.4 "Contract Administrator" — The provided to the entire community. The City is searching for a Department's Director, or some other firm who will exemplify these ideals in the execution of their employee expressly designated as Contract work, and the successful firm will be measured against the Administrator in writing by the Director,who is performance standards outlined in this bid invitation. the representative of the Board concerning the ACCESSIBILITY Contract Documents. The information contained in this document is available in an 3.5 "Contract Documents" — The contract accessible format at: documents consist of this Agreement, https//tmarac.bidsandtenders.ora/Module/Tenders/en conditions of the contract (General, A. INSTRUCTIONS TO OFFERORS Supplementary and other Conditions), drawings,specifications of this Solicitation,all 1. INTRODUCTION &AUTHORITY addenda issued prior to, all modifications issued after execution of this Agreement, It is the intent of the City to award to the most responsible and Notice of Award, Notice to Proceed, responsive Responding firm. The City reserves the right to Certificate(s) of Insurance, Bonds and any accept or reject any or all responses and to waive any additional modifications and supplements, informality concerning the responses when such rejection or Change Orders and Work directive changes waiver is deemed to be in the best interest of the City The City issued on or after the effective date of the reserves the right to award the response on a split order basis, 5 .00 MiRL� The City For Your Life City of Tamarac Purchasing and Contracts Division Contract.These contract documents form the the Responding firm shall contact the Purchasing & Agreement, and all are as fully a part of the Contracts Division Office immediately. Agreement if attached to this Agreement or 4.3 Any inquiries, suggestions, requests concerning repeated therein. clarification,or requests for additional information shall be submitted online at 3.6 "Contractor" -the individual(s) or firm(s)to hftps://tamarac.bidsandtenders.org/. whom the award is made and who executes the Contract Documents. 4.4 The City of Tamarac reserves the right to amend this proposal document prior to the response opening date 3.7 "On-line e-procurement system" or "e- indicated by written addenda Written addenda shall procurement system"—The City of Tamarac's serve as the sole means of clarification.The City shall solicitation management partner not be responsible for oral interpretations given by any "bidsandtendersTM" City employee or its representative. 3.8 "bidsandtendersTM" — The City of 4.5 **** SPECIAL NOTE —Addendums will only be Tamarac's on-line solicitation management issued electronically through the City's web-site. partner and the e-procurement system used Vendors will be notified of the availability of new by the City. The terms "on-line e- solicitations and addendums via e-mail (per the procurement system and vendor's selected commodity choice). "bidsandtendersTM" may be used interchangeably herein. It is essential that all vendors receiving a bid orproposal 3.9 "Request for Proposals(RFP)"—A Request download the document from the City's web-site. for Proposals (RFP) is a method of All responding firms must visit procurement permitting discussions with https://tamarac.bidsandtenders.or-g to download responsible respondents and revisions to response documents. Responders must create a New proposals prior to award of a contract. Account with the City's solicitation distribution partner, Proposals will be opened in private. Award bids&tenders TM,and must select the commodity codes may be made based on the responses based for which they wish to be notified. Upon selection of on the criteria set forth herein. commodity codes and the completion of registration, responders will receive electronic e-mail notifications 3.10 "Respondent/Offeror/Proposer"-one who any time new solicitations are uploaded for the specific submits a Proposal in response to a solicitation, commodity codes selected. The notifications will as distinct from a Sub-Respondent,who submits provide vendors a link,allowing the vendor to download a Proposal to the Offeror. the package and receive all new addendums released by the City for that solicitation. It is the Contractor's 3.11 "Response Documents/Proposal" - the responsibility to select the correct Commodity Code Request for Qualifications, Instructions to associated with what type of items or services they can Offerors,Respondents Qualifications Statement, provide to the City. Non-Collusive Affidavit, Certified Resolution, Vendor Drug-Free Workplace, Respondent's Upon completion of the registration process, a Proposal,Proposal Security and Specifications, confirming e-mail will be sent to the individual who if any, and the proposed Contract Documents registered. Addendums will be uploaded to the City's (including all Addenda issued priorto opening of website but regardless of the means of transmission of Proposals). an Addendum it is the responsibility of the bidder or proposer to ensure that they have received all 3.12 "Successful Offeror/Respondent"-the addendums issued for a solicitation priorto submitting a qualified, responsible and responsive response. Offerors shall be solely responsible for Offeror/Respondent to whom City(on the basis maintaining accurate contact data with the Responses of City's evaluation as hereinafter provided) and Tenders. The City shall under no circumstances be makes an award. responsible for and errors or omissions in vendor's contact information on file with. Updates to contact 4. CLARIFICATION&ADDENDA information may be requested by contacting Bids and Tenders at supportCcDbidsandtenders org. 4.1 Where there appears to be variances or conflicts 5. SUMMARY OF DOCUMENTS TO BE between the General Terms and Conditions and the Special Conditions and/or Scope of Work outlined in SUBMITTED WITH PROPOSALS this document, the Special Conditions and/or the Scope of Work shall prevail. The following is a summary of documents required to be submitted, or agreed to electronically for this proposal. 4.2 The responding firm shall examine all response Failure to include a technical proposal, cost proposal, bid documents and shall judge all matters relating to the surety(only if required below),or any other document that, adequacy and accuracy of such documents. If, upon by its omission, may prejudice the rights of other review, any material errors in specifications are found, respondents, may result in immediate rejection of your proposal Many of the requirements require proposer to 6 T�AMAAR.AC The City For Your Life City of Tamarac Purchasing and Contracts Division agree or disagree electronically, and the system will not 6.8 In accordance with Florida Statutes, Chapter allow for proposal electronically transmission until each item §119.07(1)(a)and except as may be provided by other receives a response by Proposer.Otherforms ordocuments applicable state and federal law, the Request for which, by their nature do not impact price or the Offeror's Proposals and the responses thereto are in the public cost of doing business should accompany the Proposal;but domain. However, Proposers are requested to must be provided within three(3)business days of the City's specifically identify in the submitted Proposal any request to be considered responsive: financial information or trade secrets considered confidential and/or proprietarywhich may be considered • Letter of Transmittal(upload) exempt under Florida Statute§119.07(t). • Required Narratives responding to requirements outlined in the Statement of Work. 6.9 All Proposals received from Offerors in response to the (upload) Request for Proposals will become the property of City. • Certification Forms(electronic) In the event of Contract award, all documentation • References(electronic) produced as part of the Contract shall become the • Vendor Drug Free Workplace Requirement exclusive property of City. (electronic) • Non-Collusive Affidavit Form(uploaded) 6.10 The Proposer preparing a submittal in response to this • Scrutinized Nations Requirement (electronic) RFP shall bear all expenses associated with its • Proof of applicable insurance(uploaded) preparation.The Proposershall prepare a submittal with • Listing of any Subcontractors to be utilized. the understanding that no claim for reimbursement shall (electronic) be submitted to the City for the expense of proposal • The City reserves the right to request the most preparation and/or presentation. recently completed audited financial statement,or 6.11 Electronic Media Submission: The City may require that other approved documentation to verify financial machine readable information and data, including viability. computer assisted drafting designs(AutoCAD files)be 6. SUBMISSION OF PROPOSALS provided by the proposing firm as a part of its submittal. The proposing firm shall not be liable for claims or losses arising out of,or connected with,modification by 6.1 The Proposer is directed to access proposal documents the City, or anyone authorized by the City, decline of by registering on-line with bidsandtendersTM at accuracy or readability of data due to storage or www tamarac.orq/bids. All proposal documents will be obsolescence of equipment or software,any use by the made available at this site. City or anyone authorized by the City,of such data for additions to projects except as authorized in writing by 6.2 The Proposer is furthermore directed to deliver sealed the proposing firm.Such files should be submitted on- proposals online at: line at https://tamarac bidsandtenders.orq/Module/Tenders/en https://tamarac.bidsandtenders.org/ModulefFenderslen. 6.3 All proposals shall be submitted in the English 7. MODIFICATION AND WITHDRAWAL OF PROPOSALS language,and pricing expressed in U.S. Dollars. 7.1 Proposals may be modified or withdrawn by a duly 6.4 Proposers shall electronically acknowledge the receipt executed document signed by a corporate officer or of all addenda. other employee with designated signature authority. Evidence of such authority must accompany the request 6.5 Proposals by corporations must be executed in the for withdrawal or modification. The request must be corporation's legal name by the President or other delivered to the Purchasing and Contracts Division corporate officer,accompanied by evidence of authority Office at any time prior to the deadline for submitting to sign. Evidence of authority shall be provided on the Proposals, and may be alternatively completed on-line enclosed Certified Resolution form,or by the company's at own Corporate Resolution. https://tamarac.bidsandtenders.orq/Module/Tenders/en. Withdrawal of a Proposal will not prejudice the rights of 6.6 Proposals by partnerships must be executed in the an Offeror to submit a new Proposal prior to the partnership name and signed by a partner,whose title Proposal opening date and time. must appear in the document. 7.2 If, within twenty-four (24) hours after Proposals are 6.7 Proposals shall be electronically submitted to the opened, any Offeror files a duly signed, written notice Purchasing and Contracts Division on or before the time with the Purchasing Office, and within five(5)calendar indicated in the Request for Proposals via the days thereafter demonstrates to the reasonable bidsandtendersTM on-line solicitation system. satisfaction of City, by clear and convincing evidence, Proposals will be held on the bidsandtendersTM server that there was a material and substantial mistake in the as an encrypted document,with no access by the City preparation of its Proposal,or that the mistake is clearly of Tamarac or others until immediately following the evident on the face of the Proposal, but the intended proposal closing date and time, at which time all correct Proposal is not similarly evident, Offeror may responses shall be securely released to the City. withdraw its Proposal and any bid security will be returned Thereafter, the Offeror may be disqualified from further bidding on the subject Contract. 7 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 10.1 The apparent silence of the requirements as to any 8. REJECTION OF PROPOSALS detail,or the apparent omission of a detailed description concerning any point, shall be regarded as meaning 8.1 To the extent permitted by applicable state and federal that only the best commercial practice is to prevail,and laws and regulations, City reserves the right to reject that only material and workmanship of the finest quality any and all Proposals,to waive any and all informalities is to be used. All interpretations of the specifications not involving price,time or changes in the work with the shall be made on the basis of this statement.Omission Successful Offeror,and to disregard all nonconforming, of any essential details from these specifications will not non-responsive, unbalanced or conditional Proposals. relieve the Proposer of supplying such services or Proposals will be considered irregular and may be product(s)as specified. rejected if they show serious omissions, alterations in form,additions not called for,conditions or unauthorized 10.2 For the purpose of evaluation, the Respondent must alterations,or irregularities of any kind. indicate any variance or exceptions to the stated requirements,no matter how slight. Deviations should 8.2 City reserves the right to reject the Proposal of any be explained in detail. Absence of variations and/or Offeror if City believes that it would not be in its best corrections will be interpreted to mean that the Offeror interest to make an award to that Offeror, whether meets all the requirements in every respect. because the Proposal is not responsive,the Offeror is unqualified,of doubtful financial ability,or fails to meet 11. NON-COLLUSIVE AFFIDAVIT any other pertinent criteria established by City within the scope of the solicitation. Each Offeror shall complete the Non-Collusive Affidavit Form and 9. QUALIFICATIONS OF PROPOSERS shall submit this form with the response/proposal. The City considers the failure of the Offeror to submit this document to be 9.1 Proposals will be considered from firms normally a major irregularity, and may be cause for rejection of the engaged in providing the service requested. The response proposing Firm must demonstrate adequate experience, organization, facilities, equipment and 12. CONFLICT OF INTEREST personnel to ensure prompt and efficient service to the City of Tamarac. The City of Tamarac will determine whether the evidence of ability to perform is satisfactory The award hereunder is subject to the provisions of Chapter 112 and reserves the right to reject proposals where of the State of Florida Statutes. Responding firms shall disclose evidence submitted, or investigation and evaluation, the name of any officer,director,partner,proprietor,associate or indicates inability of a firm to perform. agent who is also a public officer or employee of the City or any of 9.2 Each Offeror shall complete the Offeror's Qualifications its agencies. Statement and submit the form with the Proposal. 13. QUANTITIES Failure to submit the Offeror's Qualifications Statement and the documents required thereunder may constitute grounds for rejection of the Proposal. Any quantities and/or required hours which may be shown herein, as applicable, are based on actual assignments at the time of 9.3 No proposal shall be accepted from,nor will any contract proposal closing. Each individual entity shall have the right to be awarded to,any person who is in arrears to City for any debt or contract, who is a defaulter, as surety or make necessary adjustments to accommodate the needs of their otherwise, of any obligation to City, or who is deemed community. The City and each individual participating entity irresponsible or unreliable by City. City will be the sole reserves the right to decrease or increase quantities or add or judge of said determination.The City reserves the right, delete any item from the contract if it is determined that it best before recommending any award, to inspect the serves the interests of the City or the individual participating facilities, equipment and organization or to take any entity. other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. 14. DELIVERY All commodity items, as may be applicable herein, shall be 9.4 Employees of the Proposer shall at all times be under delivered F.O.B.destination to an address specified by the using its sole direction and not an employee or agent of the agency. All delivery costs and charges must be included in the City. The Proposer shall supply competent and proposal price.The City reserves the rightto cancel orders orany physically capable employees. The City may require part thereof,without obligation if delivery is not made at the time the Proposerto remove an employee it deems careless, specified in the proposal. incompetent,insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts 15. SAMPLES AND DEMONSTRATIONS and omissions of all employees working under its directions. When requested,samples of gear or other equipment to be used as a part of this contract are to be furnished free of charge to the 10. OMISSION OF DETAILS City or the participating entity.If a sample is requested,it must be delivered within seven days of the request unless otherwise stated in the proposal. Each sample must be marked with the 8 7A�A„RLAC The City For Your Life Clty of Tamarac Purchasing and Contracts Division Proposer's name and manufacture's brand name. The responses and quotations or proposals received by an agency City/participating entity will not be responsible for returning pursuant to invitations for bid or requests for proposals are samples. The City/participating entity may request a full exempt from the provisions of subsection(1)and s.24(a),Art.I of demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the the State Constitution until such time as the agency provides Proposer. notice of a decision or intended decision pursuant to F.S. §120.57(3) (a), or within 30 days after bid/proposal opening, 16. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC whichever is earlier PAYMENTS 19. FORM AGREEMENT DOCUMENT Firm Pricing: Any pricing provided shall be fixed and firm to the extent required under the Statement of Work herein. Payment The City may attach as a part of this solicitation, a Form will be made only after receipt and acceptance of services.Cash Agreement document Proposers shall be responsible for discounts may be offered for prompt payment; however, such complying with all of the terms and conditions of the Form discounts shall not be considered in determining the lowest net Agreement document if included herein,except where variant or cost for response evaluation. conflicting language may be included in any Special Conditions Prompt Payment Discounts:Offerors are encouraged to provide contained herein. Proposers shall note any deviation or variance prompt payment terms. If no payment discount is offered, the with the Form Agreement document at the time of bid Offeror shall enter zero(0)for the percentage discountto indicate submission. net 30 days. If the Offeror does not enter a percentage discount, it is understood and agreed that the payment terms shall be two 20. OTHER GOVERNMENTAL ENTITIES percent(2%)ten (10)days, net thirty(30)days effective on the date that the City receives an accurate invoice or accepts the If a Proposer is awarded a contract as a result of this RFP, services,whichever is the later date. Payment is deemed made Proposer will, if Proposer has sufficient capacity or quantities on the date of the mailing of the check. All payments shall be available,provide to other governmental agencies,in addition to governed by the Local Government Prompt Payment Act, F.S. the original participants in this Agreement, so requesting, the Chapter 218 (See link for more information) products or services awarded in accordance with the terms and conditions of the Request for Proposals and resulting contract. IMPORTANT NOTE Payments by Electronic Funds Transfer: ALL payments by the 21. UNBALANCED RESPONSES City will be made by Direct Deposit(ACH)via electronic funds transfer Vendors must register for direct deposit with the City When a unit price proposed has variable orestimated quantities, prior to receiving any payments by providing a"City of Tamarac and the response shows evidence of unbalanced pricing,the City Consent for Direct Deposit" form (ACH Form) to the City's reserves the right to reject such response. Financial Services Accounting Division. The form may be accessed on the City of Tamarac web-site at 22. INFORMATION REQUESTS AFTER DUE DATE httgs.//tmarac.seamlessdocs.com/f/DirectDeposit . Please contact the Purchasing & Contracts Division at the Pursuant to Florida Statute Chapter 119,Section 071(1),sealed number shown on this solicitation document herein as the first bids or proposals received by an agency pursuant to invitations to point of contact for more information. bid or requests for proposals are exempt from the provisions of subsection(1)and s. 24(a),Art. I of the State Constitution until 17. TAXES such time as the agency provides notice of a decision or intended decision pursuant to F S.§119.071(1)(b)(2), or within 30 days The City of Tamarac is exempt from all Federal,State,and Local after bid/proposal opening,whichever is earlier. taxes.An exemption certificate will be provided where applicable upon request. 23. BUDGETARY CONSTRAINTS 18. RESPONSE TABULATION In the event the City is required to reduce contract costs due to budgetary constraints,all services specified in this document may After the response time has closed, and after review by the be subject to a permanent or temporary reduction in budget. In Evaluation Committee, a tabulation of points awarded to each such an event, the total cost for the affected service shall be response will be posted online at: reduced as required. The Contractor shall also be provided with https Htam arac.bidsandtenders org Offerors will be able to a minimum 30-day notice prior to any such reduction in budget. download the tabulation at the link provided directly above. The City may or may not notify unsuccessful Responding firms of 24. CONTINGENT FEES PROHIBITED contract awards The Offeror must warrant that it has not employed or retained a Pursuant to Florida Statute Chapter 119, Section 7(m), sealed 9 T�A,MARAC The City For Your Life City of Tamarac Purchasing and Contracts Division company or person,other than a bona fide employee,contractor As a part of the proposal evaluation process, the City may or subcontractor, working in its employ, to solicit or secure a conduct a background investigation including a criminal record contract with the City, and that it has not paid or agreed to pay check of Proposer's officers and/or employees, by the Broward County Sheriffs Office. Proposer's submission of a proposal any person,company,corporation,individual or firm other than a constitutes acknowledgement of and consent to such bona fide employee,contractor or sub-consultant,working in its investigation. City shall be the sole judge in determining employ, any fee, commission, percentage, gift or other Proposer's qualifications. consideration contingent upon or resulting from the award or making of a contract with the City. 25. PROHIBITION AGAINST LOBBYING Remainder of Page Intentionally Blank During the solicitation of any bid or proposal,any firm and its agents, officers or employees who intend to submit, or who have submitted, bids or proposals shall not lobby, either individually or collectively, any City Commission members, candidates for City Commission or any employee of the City. 25.1 Contact should only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing and Contracts Division for purposes of obtaining additional orclarifying information. Any action, including meals, invitations, gifts or gratuities by a submitting firm, its officers, agents,or employees shall be within the purview of this prohibition and shall result in the immediate disqualification of that firm from further consideration. 25.2 During a formal solicitation process, contact with personnel of the City of Tamarac other than the Purchasing and Contracts Manager or designated representative regarding any such solicitation may be grounds for elimination from the selection process. (Reference: Tamarac Procurement Code Section 6- 156) 26 PROTESTS Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the purchasing and contracts manager. The protest shall be submitted in writing within five(5)business days after such aggrieved person knows or should have known of the facts giving rise thereto and shall be submitted with the procedures outlined in section 6-154"Appeals and remedies"of he Tamarac procurement code,available at the following link: https://www.municode.com/library/fl/tamarac/codes/code ofordin ances?nodeld=PTIICO CH6FITA ARTVTAPRCO 27 WITHDRAWAL OF PROPOSAL Any Responding firm may withdraw its proposal prior to the indicated opening time. The request for withdrawal must be completed online at https://tamarac.bidsandtenders.ora/Module/Tenders/en This must be requested prior to the proposal opening date and time. 28 BACKGROUND INVESTIGATION 10 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division B.STANDARD TERMS &CONDITIONS provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the These standard terms and conditions apply to all offers made to annual budget for each fiscal year of this Agreement the City of Tamarac by all prospective Proposers including but not and is subject to termination based on lack of funding. limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used 4. ASSIGNMENT interchangeably in reference to all offers submitted by prospective Proposers. Any and all special conditions in this RFP or any The Proposer shall not transfer or assign the performance sample agreement document that may be in variance or conflict required by this proposal without the prior written consent of the with these Standard Terms and Conditions shall have precedence City.Any award issued pursuant to this proposal and monies that over these Standard Terms and Conditions. If no changes or may become due hereunder are not assignable except with prior deletions to Standard Terms and Conditions are made in any written approval of the City.For purposes of this Agreement,any Special Conditions which may be contained herein, or in the change of ownership of the proposer shall constitute an Scope of Work, then the Standard Terms and Conditions shall assignment which requires City approval. However, this prevail in their entirety Agreement shall run to the benefit of the City and its successors and assigns. 1. PERFORMANCE 5. EMPLOYEES Failure on the part of the Proposer to comply with the conditions, terms, specifications and requirements of the proposal shall be 5.1 Employees of the Proposer shall at all times be under just cause for cancellation of the proposal award;notwithstanding its sole direction and not an employee or agent of the any additional requirements enumerated in the Special conditions City. The Proposer shall supply competent and herein relating to performance based contracting.The City may, physically capable employees.The City may require by written notice to the Proposer,terminate the contract forfailure the Proposer to remove an employee it deems to perform.The date of termination shall be stated in the notice. careless, incompetent, insubordinate or otherwise The City shall be the sole judge of nonperformance. objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. 2. SAFETY STANDARDS 5.2 Unauthorized Aliens: The employment of Proposer shall be responsible to supervise the work force to unauthorized aliens by any Contractor is considered a ensure that all workers conduct themselves and perform their violation of Section 274A(e)of the Immigration and work in a safe and professional manner. Proposer shall comply Nationality Act. If the Contractor knowingly employs with all OSHA safety rules and regulations in the operation of unauthorized aliens,such violation shall be cause for equipment and in the performance of the work Proposer shall at unilateral cancellation of any contract resulting from all times have a competent field supervisor on the job site to this RFP.This applies to any sub-contractors used by enforce these policies and procedures atthe Proposer's expense the Contractor as well. 6. NON-DISCRIMINATION&EQUAL OPPORTUNITY 3. TERMINATION EMPLOYMENT 3.1. DEFAULT: In addition to all other remedies available During the performance of the Contract,the Contractor and its to the City, this Agreement shall be subject to subcontractors shall not discriminate against any employee or cancellation by the City for cause, should the applicant for employment because of race,color,sex including Contractor neglect or fail to perform or observe any of pregnancy,religion,age,national origin,marital status,political the terms, provisions, conditions, or requirements affiliation,familial status,sexual orientation,gender identity and herein contained, if such neglect or failure shall expression, or disability if qualified. The Contractor will take continue for a period of thirty(30)days after receipt by affirmative action to ensure that employees and those of its Contractor of written notice of such neglect or failure. subcontractors are treated during employment,without regard to their race, color, sex including pregnancy, religion, age, 3.2 TERMINATION FOR CONVENIENCE OF CITY: national origin,marital status,political affiliation,familial status, Notwithstanding any additional requirements for sexual orientation,gender identity or expression,or disability if performance based contracting contained in the special qualified. Such actions must include, but not be limited to,the conditions herein, the final Agreement may be following. employment, promotion; demotion or transfer; terminated by the City for convenience,upon seven(7) recruitment or recruitment advertising, layoff or termination; days of written notice by the City to the Contractor for rates of pay or other forms of compensation;and selection for such termination in which event the Contractor shall be training, including apprenticeship. The Contractor and its paid its compensation for services performed to subcontractors shall agree to post in conspicuous places, termination date,including services reasonably related available to its employees and applicants for employment, to termination. In the event that the Contractor notices to be provided by the contracting officer setting forth the abandons this Agreement or causes it to be terminated, provisions of this nondiscrimination clause. The Contractor Contractor shall indemnify the city against loss further agrees that he/she will ensure that all subcontractors,if pertaining to this termination. any, will be made aware of and will comply with this nondiscrimination clause. 3.3 FUNDING OUT: This agreement shall remain in full force and effect only as long as the expenditures 11 T.AMARAC The City For Your Life Crty of Tamarac Purchasing and Contracts Division 7. INSURANCE REQUIREMENTS aggregate."Claims-Made"forms are acceptable for Professional Liability insurance in the event that the successful Proposer Proposer agrees to, in the performance of work and services provides professional services as agreed upon with City. under this Agreement, comply with all federal, state, and local laws and regulations now in effect,or hereinafter enacted during 8. INDEMNIFICATION the term of this agreement that are applicable to Contractor, its employees,agents,or subcontractors, if any,with respect to the 8.1 The Contractor shall indemnify and hold harmless the work and services described herein. City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, Proposer shall obtain at Proposer's expense all necessary damages,liability,and expenses(including attorneys' insurance in such form and amount as required by the City's Risk fees)in connection with loss of life,bodily or personal & Safety Officer before beginning work under this Agreement. injury, or property damage, including loss of use Proposer shall maintain such insurance in full force and effect thereof,directly or indirectly caused by,resulting from, during the life of this Agreement. Proposer shall provide to the arising out of or occurring in connection with the City's Risk&Safety Officer certificates of all insurance required operations of the Contractor or its officers,employees, under this section prior to beginning any work under this agents, subcontractors, or independent Contractors, Agreement.Proposer shall indemnify and save the City harmless excepting only such loss of life, bodily or personal from any damage resulting to it for failure of either Proposer or injury, or property damage solely attributable to the any subcontractor to obtain or maintain such insurance. gross negligence or willful misconduct of the City or its The following are required types and minimum limits of insurance elected or appointed officials and employees. The coverage,which the Proposer agrees to maintain during the term above provisions shall survive the termination of this of this contract: Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim Insurance Requirements may be made after the termination hereof. Line of Business/Coverage Occurrence I Aggregate 82 Upon completion of all Services, obligations and . Commercial General Liability Including: Limits duties provided for in this Agreement,or in the event Premises/Operations of termination of this Agreement for any reason, the Contractual Liability terms and conditions of this Article shall survive Personal Injury indefinitely. Explosion,Collapse,underground Hazard ,$1,000,000 $1,000,000 Products/Completed Operation 8.3 The Contractor shall pay all claims, losses, liens, Broad Form Property Damage settlements or judgments of any nature whatsoever in Cross Liability and Severabiiityo connection with the foregoing indemnifications Interest Clause including,but not limited to,reasonable attorney's fees Automobile Liability $1,000,000.00 $1,000,000.00 (including appellate attorney's fees)and costs. Workers'Compensation& Employer's Liability Statutory 8.4 The City and Contractor recognize that various provisions of this Agreement, including but not The City reserves the right to require higher limits depending limited to this Section,provide for indemnification by upon the scope of work under this Agreement. the Contractor and requires a specific consideration be given there for. The Parties therefore agree that Neither Proposer nor any subcontractor shall commence work the sum of Ten Dollars and 00/100($10.00), receipt underthis contract until they have obtained all insurance required of which is hereby acknowledged, is the specific under this section and have supplied the City with evidence of consideration for such indemnities,and the providing such coverage in the form of an insurance certificate and of such indemnities is deemed to be part of the endorsement.The Proposer will ensure that all subcontractors will specifications with respect to the services to be comply with the above guidelines and will maintain the necessary provided by Contractor. Furthermore, the City and coverage throughout the term of this Agreement. Contractor understand and agree that the covenants and representations relating to this indemnification All insurance carriers shall be rated at least A-VII per M.Best's provision shall serve the term of this Agreement and Key Rating Guide and be licensed to do business in Florida. continue in full force and effect as to the City's and Policies shall be"Occurrence"form.Each carrierwill give the City the Contractor's responsibility to indemnify. sixty(60)days notice prior to cancellation. The Proposer's liability insurance policies shall be endorsed to 8.5 City reserves the right to select its own legal counsel add the City of Tamarac as an "additional insured". The to conduct any defense in any such proceeding and Proposer's Worker's Compensation carrier will provide a Waiver all costs and fees associated therewith shall be the of Subrogation to the City.The Proposer shall be responsible for responsibility of Contractor under the indemnification the payment of all deductibles and self-insured retentions agreement The City may require that the Proposer purchase a bond to cover 8.6 Nothing contained herein is intended nor shall be the full amount of the deductible or self-insured retention. If the construed to waive City's rights and immunities under Proposer is to provide professional services. The City reserves the common law or Florida Statutes 768.28, as the right to request the successful Proposer to provide the City amended from time to time. with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the 12 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 9. INDEPENDENT CONTRACTOR 11.1.1 Keep and maintain public records that ordinarily and necessarily An Agreement resulting from this solicitation does not create an would be required by the City in employee/employer relationship between the parties It is the order to perform the service; intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for 11.1.2 Provide the public with access to any purposes, including but not limited to, the application of the such public records on the same Fair Labor Standards Act minimum wage and overtime payments, terms and conditions that the City Federal Insurance Contribution Act,the Social Security Act,the would provide the records and at Federal Unemployment Tax Act, the provisions of the Internal a cost that does not exceed that Revenue Code, the State Worker's Compensation Act, and the provided in chapter 119, Fla. State Unemployment Insurance law. The Contractor shall retain Stat,or as otherwise provided by sole and absolute discretion in the judgment of the manner and law; means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures 11.1.3 Ensure that public records that applicable to services rendered under any potential Agreement are exempt or that are shall be those of Contractor,which policies of Contractor shall not confidential and exempt from conflict with City, State, or United States policies, rules or public record requirements are regulations relating to the use of Contractor's funds provided for not disclosed except as herein. The Contractor agrees that it is a separate and authorized by law; and independent enterprise from the City,that it had full opportunity to find other business, that it has made its own investment in its 11.1.4 Meet all requirements for business, and that it will utilize a high level of skill necessary to retaining public records and perform the work.Any potential Agreementshall not be construed transfer to the City, at no cost,all as creating any joint employment relationship between the public records in possession of Contractor and the City and the City will not be liable for any the contractor upon termination of obligation incurred by Contractor, including but not limited to the contract and destroy any unpaid minimum wages and/or overtime premiums. duplicate public records that are exempt or confidential and 10. SCRUTINIZED COMPANIES F.S.287.135 and exempt. All records stored 215.473 electronically must be provided to the City in a format that is Contractor must certify that the company is not participating in a compatible with the information boycott of Israel.Contractor must also certify that Contractor is technology systems of the not on the Scrutinized Companies that Boycott Israel list,not on agency. The failure of Contractor the Scrutinized Companies with Activities in Sudan List,and not to comply with the provisions set on the Scrutinized Companies with Activities in the Iran forth in this Article shall constitute Petroleum Energy Sector List or has been engaged in business a Default and Breach of this operations in Cuba or Syria. Subject to limited exceptions Agreement and the City shall provided in state law,the City will not contract for the provision enforce any available contract of goods or services with any scrutinized company referred to remedies in force including above.Contractor must submit the certification that is attached termination of the Agreement. to this contract.Submitting a false certification shall be deemed 11.2 During the term of the contract, the Contractor a material breach of contract. The City shall provide notice, in shall maintain all books, reports and records in writing,to the Contractor of the City's determination concerning the false certification. The Contractor shall have five (5)days accordance with generally accepted accounting from receipt of notice to refute the false certification allegation. practices and standards for records directly If such false certification is discovered during the active contract related o this contract. The form of all records term, the Contractor shall have ninety (90) days following 11 and reports shall be subject nt the approval of receipt of the notice to respond in writing and demonstrate that make avail Auditor. The Contractor agrees to the determination of false certification was made in error.If the make available to the City's Auditor, during Contractor does not demonstrate that the City's determination normal business hours and in books ofrd,Dade t, of false certification was made in error then the City shall have Palm Beach Counties, all books of account, the right to terminate the contract and seek civil remedies reports and records relating to this contract. pursuant to Section 287.135, Florida Statutes, as amended from time to time. 12. UNBALANCED PROPOSALS 11. RECORDS/AUDITS When a unit price proposal has variable or estimated quantities, and the proposal shows evidence of unbalanced proposal pricing, The City of Tamarac is a public agency subject to Chapter such proposal may be rejected. 119, Florida Statutes. 13. UNIT PRICES 11.1 The Contractor shall comply with Florida's Public Records Law. Specifically, the Where a discrepancy between unit/hourly price and total price is Contractor shall: indicated on a Proposer's submitted Schedule of Proposal Prices or Price Proposal Form,the unit prices shall prevail. 13 T.0_ 'RAC The City For Your Life City of Tamarac Purchasing and Contracts Division 14. GOVERNING VENUE this section shall constitute a material breach of this Agreement entitling the City of Tamarac to terminate Any Agreement resulting from this solicitation shall be governed this Agreement immediately with no further by the laws of the State of Florida as now and hereafter in force responsibilities or duties to perform under this The venue for actions arising out of this agreement is fixed in Agreement. Contractor agrees to indemnify and hold Broward County, Florida. harmless The City or any Florida school district using this Agreement, its officers and employees resulting 16. PUBLIC RECORDS CUSTODIAN from liability or claims made by any person who may suffer physical or mental injury, death or property damage resulting in the Contractor's failure to comply IF THE CONTRACTOR HAS with the requirements of this Section or with Sections QUESTIONS REGARDING THE 1012.32 and 1012.465, Florida Statutes. APPLICATION OF CHAPTER 119, 16.2 child Neglect: The Contractor and its FLORIDA STATUTES TO THE employees shall be subject to the � requirements of§39.201 Florida Statute that CONTRACTOR'S DUTY TO PROVIDE requires the reporting of child abuse or child neglect to the State of Florida,Department of PUBLIC RECORDS RELATING TO Children and Families via the Florida Abuse THIS CONTRACT, CONTACT THE Hotline 1-800-962-2873. 16.3 Confidential Student Information: CUSTODIAN OF PUBLIC RECORDS Notwithstanding any provision to the contrary AT: contained in this agreement between the Contractor and the City; Contractor and its CITY CLERK officers,employees,agents,representatives, 7525 NW 88TH AVENUE contractors, and sub-contractors shall fully comply with the requirements of Section ROOM 101 1002.22 and Section 1002.221, Florida Statutes, or any other law or regulation, TAMARAC, FL 33321 either federal or State of Florida, regarding (954) 597-3505 confidentiality of student information and records. Further, Contractor for itself and its CITYCLERK(d_)TAMARAC.ORG officers,employees,agents,representatives, contractors, or sub-contractors, shall fully 16. SPECIAL PROVISIONS FOR FLORIDA SCHOOLS indemnify and hold the City of Tamarac as well as any Florida school district using this Agreement, and its officers and employees It is anticipated that this Agreement will be utilized by Cities in harmless for any violation of this covenant, support of the Broward Public Schools. Vendors making including but not limited to defending the City deliveries to the facilities of any School District in the State of and any Florida school district using this Florida with children present shall comply with the following Agreement, its officers and employees requirements: against any complaint, administrative or judicial proceeding, payment of any penalty 16.1 Background Screening: In the event the requirements imposed upon the City or Florida school include the need for Contractor to visit any Florida district using this Agreement or payment of schools with students present, Contractor agrees to any and all costs(s), damages (s), comply with all requirements of Sections 1012.32 and judgment(s), or loss(es) incurred by or 1012.465, Florida Statutes, and all of its personnel imposed upon the City or Florida school who(1)are to be permitted access to school grounds district using this Agreement arising out of when students are present,(2)will have direct contact the breach of this covenant by the vendor,or with students,or(3)have access or control of school an officer,employee, agent, representative, funds, will successfully complete the background contractor,or sub-contractor of the vendor to screening required by the referenced statutes and the extent and only to the extent that the meet the standards established by the statutes. This vendor or an officer, employee, agent, background screening will be conducted by the representative,contractor,or sub-contractors individual school district(s)in advance of Contractor or of the vendor shall either intentionally or its personnel providing any services under the negligently violate the provisions of this conditions described in the previous sentence. covenant,or Sections 1002.22 or 1002.221, Contractor shall bear the cost of acquiring the Florida Statutes. This provision shall survive background screening required by Section 1012.32, the termination of or completion of all Florida Statutes, and any fee imposed by the Florida performance or obligations under this Department of Law Enforcement to maintain the agreement and shall be fully binding upon fingerprints provided with respect to Contractor and its Contractor until such time as any proceeding personnel. The Parties agree that the failure of brought on account of this covenant is barred Contractor to perform any of the duties described in by any applicable statute of limitations. 14 T-00 � AC The City For Your Life City of Tamarac Purchasing and Contracts Division 17. COMPLIANCE WITH STATUTES individuals who are vendors or contactors with a Florida public school or district. It shall be proposer's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state and federal agencies as applicable, specifically the Jessica Lunsford Act — Chapter Remainder of page intentionally blank 1012, Florida Statutes, which provides for the screening of 15 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division V. STATEMENT OF WORK A. SCOPE OF PROPOSAL The goals of this procurement process are as follows: 1. SAFETY The City wishes to enhance student safety through the use of a professional firm to provide properly trained, certified school crossing guards. To establish a contract for the provision of School Crossing Guard Services as and when needed. The company awarded this contract will be responsible for providing crossing guards at locations specified by the City, shall be completely responsible for the supervision of such personnel in accordance with contract specifications,terms and conditions, and shall exercise exclusive control over persons employed to fulfill these contract requirements. 2. COST REDUCTION The City wishes to achieve cost reductions to the participating agencies by grouping like requirements under one contract for Southeast Florida Governmental Purchasing Cooperative member municipalities located in Northwest Broward County. 3. PARTICIPATING AGENCIES The following agencies shall participate in the final Agreement process and shall be responsible for arranging their own scheduling and selection of locations. Information regarding tentative locations is included herein: The City of Coral Springs, FL The City of North Lauderdale, FL The City of Sunrise, FL The City of Tamarac, FL (Lead Agency) 4. TERM The City is seeking a contract for a term of two (2) years, with two (2) additional two-year renewal terms based upon satisfactory performance and mutual agreement of both parties. All terms and conditions shall remain firm for the initial period of the contract and for any renewal period. Any price adjustment shall be per section B.9 Cost Adjustment of the Statement of Work. 16 TAMARAC f The City For Your Life City of Tamarac Purchasing and Contracts Division B. REQUIREMENTS: Proposers must satisfy the following minimum requirements to be considered responsive. 1. EXPERIENCE Proposer shall have a minimum of three years of verifiable, satisfactory experience providing crossing guards to a public agency located within the state of Florida within the past three years. At least one year of this experience shall have been during the 2018-2019 school year. This requirement may be satisfied by having provided service to a single agency for three consecutive years or by providing service to three separate agencies for one year each. 2. SCHEDULING A complete list of school crossing guard locations is included for each entity participating in this consortium as shown on the"School Crossing Guards Locations & Times Matrix" contained herein. (Please refer to this matrix for a list of locations for each participating agency.) However, these are anticipated locations subject to change, and the appropriate designee from each entity will notify the Contractor regarding the exact number of school crossing guards that will be required at any one time. (Please note that the Code Compliance Manager shall be the assigned project manager for the City of Tamarac. Other entities shall provide the names and titles of project managers prior to commencement of work.) The Contractor shall be required to provide coverage at the school crossings, located within the City limits of each entity and the Contractor shall provide for flexibility of scheduling in order to provide guards for the hours and locations as required in accordance with instructions provided by authorized personnel from each entity. 3. TRAINING & CERTIFICATION It shall be the responsibility of the Contractor to ensure that all guards receive proper training and certification prior to occupying their posts. Certification of all guards must meet all the requirements of and be recognized by the State of Florida Department of Transportation. In addition, the Contractor must be able to comply with Section 316.75, Florida Statutes, the "Ramon Turnquest School Crossing Guard Act", by having crossing guard trainers, certified by the Florida Department of Transportation, ensure that all persons employed as crossing guards receive proper training and certification as required by law. a. The City of Tamarac or any other participating agency shall not be liable for any costs incurred by the Contractor required to meet the above requirements. b. Any training required during the contract period either for the certification of new hires or to maintain or upgrade the certification of existing employees shall be the sole responsibility of the Contractor. 17 TfA,ML ARAC� The City For Your Life Clty of Tamarac Purchasing and Contracts Division C. Proof of certification shall be required for each crossing guard prior to the beginning of each school year. d. The Contractor shall provide proof that all crossing guards have successfully passed a criminal background check. e. By submission of this proposal, Offeror certifies that all persons employed as crossing guards are physically fit and able to perform all tasks required to execute their responsibilities as crossing guards. f. Submit proof of FDOT Trainer Certification Compliance with your proposal response. 4. DAILY FIELD SUPERVISION The Contractor shall provide an experienced field supervisor(s) who, at all times, shall oversee the operation of the guards on duty. It will be the responsibility of the field supervisor(s) to ensure that all crossings are properly staffed whenever such staffing is required by the City. Additionally, the City Code Enforcement Manager, or other authorized City representative, shall be provided with an operational cell phone number which will allow direct phone access to the field supervisor(s)during those times guards are required to be on duty. 5. GUARD BACKUP The Contractor shall provide each working guard with the name and telephone number of a back-up guard who may be utilized in the event that the working guard cannot be at their assigned post. The Contractor shall ensure that the back-up guard is fully trained and familiar with the specific crossing location. 6. EQUIPMENT /ATTIRE Contractor shall provide the following equipment at its own expense at no additional cost to the City, or to any other entity utilizing this Agreement: A hand-held stop sign for each of the guard, and any other protective wear or equipment that is required. Personnel provided to perform crossing guard services should wear white shirts and dark(navy blue or black) bottoms while on posts. 7. SCHOOL YEAR SCHEDULE The school year begins in late August and will run until approximately the middle of June, with appropriate holidays and teacher work days that do not require coverage. The 2019-2020 Broward County school year is anticipated to be approximately 240 days. Additionally, summer school sessions may be held as determined to be necessary by the Broward County School District. Summer school usually begins around the first of July and lasts for approximately six (6) weeks. The City will inform the Contractor of the specific dates and locations when they are made available. Because the administration and scheduling of school activities are beyond the control of the City, the City and each 18 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division participating entity reserve the right to, at any time, change the number of guards required, the locations at which they may be needed and the schedule of times they will work as the City deems necessary. 8. DAILY TIME SHEETS A daily time sheet will be maintained by the Contractor with the signature of the employee on each work shift and the location of their guard post. This log will be delivered by the Contractor weekly to the Code Enforcement Manager. 9. COST ADJUSTMENT No price increase for the initial contract period will be accepted unless necessitated by an adjustment to the Florida Minimum Wage, or an adjustment to the Federal Minimum Wage to a higher level than the Florida Minimum Wage. Changes in the Florida minimum wage shall be as outlined in Florida Statute 448.110. Per this Statute, new minimum wage rates will be calculated annually, made public by October 15 of each year and implemented on January 1 of the following year. The City will allow an annual increase in the hourly rate charged equal only to the difference between the new minimum wage hourly rate as required by law and the previous year's minimum wage hourly rate as required by law. No other increases will be accepted. Additionally, changes in the hourly rate paid to the Contractor will be implemented on the January 1st following the announced increase and will apply only to those hours worked afterJanuary 1 st. Costs for any renewal terms are subject to an adjustment only if an increase or decrease occurs throughout the local industry. The City will use changes in the Consumer Price Index (CPI) (United States All Urban Consumers), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, and documented payroll figures provided by the Contractor in any adjustment review. Any request for increase at the time of renewal must be documented and submitted in writing to the City at least one hundred twenty (120) days prior to the contract anniversary date. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented or are considered by the City to be excessive. In the event that the City determines that the costs as submitted are not properly documented or are excessive, and the matter cannot be resolved to the satisfaction of the City, the contract will not be renewed for the additional optional renewal period(s). VI. PROPOSAL SELECTION The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection, as indicated in the following section: 19 TAB A The City For Your life City of Tamarac Purchasing and Contracts Division VII. EVALUATION OF PROPOSALS A. EVALUATION METHOD AND CRITERIA An Evaluation and Selection Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and then negotiating a contract. The Proposers with the highest-ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation and Selection Committee. All Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such Proposals may be evaluated without discussion. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the City. After presentations,firms will be assigned a final score,with the highest-ranked firm moving forward to the negotiation phase. Upon successful negotiation, a recommendation for award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any rights against the City arising from such negotiations. The City's evaluation criteria may include, but shall not be limited to, the following: Compliance with Request for Proposals [Mandatory]. This refers to the adherence to all conditions and requirements of the Request for Proposals. 1. Quality of Response i. Clearly demonstrated understanding of the work to be performed. ii. Completeness and reasonableness of the offeror's plan/proposal for accomplishing the tasks. iii. Level of creativity demonstrated by the Offeror's proposed methodologies for meeting the requirements of this proposal. 2. Services to be Provided. This refers to the exact type and nature of the offeror's proposed services and how they accomplish the objectives of the project, as well as the ability to rapidly respond to the City's needs, as defined in the Evaluation Criteria set forth. 3. Schedule. This refers to the offeror's proposed delivery schedule. The schedule shall be a critical element of this contract. 20 �✓Q The City For Your Life City of Tamarac Purchasing and Contracts Division 4. Qualifications of the Contractor. Offeror's capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, and reliability which will assure good faith performance, as well as satisfactory reference verification. This criteria includes: i. The experience of the firm and its record on engagements of a similar nature, including the ability to serve in a similar capacity for other units of government or organizations. ii. Personnel to be assigned to the project, and their education, capabilities, qualifications and experience with similar projects iii. Reference information gathered from other entities regarding the past experience of the firm; and iv. Other areas addressed in the Statement of Work herein. 5. Costs (Price). This refers to the proposed contract fee and reimbursement expense budget. (Please note that price is only one factor for consideration of award). i. The offeror shall propose a not-to-exceed amount for complete execution of this project as detailed in the Specifications or Statement of Work herein. ii. If proposing costs which may include alternate programs or services not covered in the base bid pricing, the offeror, when offering such alternative services must provide a detailed explanation of additional optional services to be offered. B. ACCEPTABLITY OF PROPOSALS The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: 1. Acceptable; 2. Potentially Acceptable; that is reasonably susceptible of being made acceptable; or 3. Unacceptable. C. AWARD OF AGREEMENT Award shall be made by the City to the responsible offeror whose proposal is determined to be the most advantageous to the City,taking into consideration price and the evaluation criteria set forth herein below. The City of Tamarac reserves the right to accept the Proposal as a whole or for any component thereof if it appears to be in the best interest of the City. 21 TAMARAC 1 The City For Your Life City of Tamarac Purchasing and Contracts Division D. WEIGHTED CRITERIA Points will be assigned to each proposal based on the following weighted criteria: CRITERIA MAXIMUM POINTS 1. Compliance with Request for Proposal (Mandatory) N/A 2. Quality of Response 10 points 3. Services to be Provided 20 points 4. Qualifications of the Proposer/Expertise 20 points 5. Costs/(Price) 40 points 6. Scheduling of Staff 10 points These weighted criteria are provided to assist Proposers in the allocation of their time and efforts during the proposal preparation process. The criteria also guide the Evaluation Committee during the short-listing and final ranking of proposers by establishing a general framework for those deliberations. Once the Proposals are evaluated, a "short-list" may be selected to make presentations to the Evaluation and Selection Committee, prior to a recommendation for award. E. DISCUSSIONS & PRESENTATIONS The short-listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluation of the submittals, and Proposers agree to furnish such information upon the City's request. All Proposers are advised that in the event of receipt of an adequate number of proposals, which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such proposals may be evaluated without discussion or need for presentations. Hence, proposals should be initially submitted on the most complete and favorable terms which offerors are capable of offering to the City. The Evaluation Committee may conduct discussions with any Proposer who submits an acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The Evaluation Committee reserves the right to request the Proposer to provide additional information during this process. F. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price,time or changes in the work, and to disregard all nonconforming, non- responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind. 22 TAMARAC The City For Your Life Clty of Tamarac Purchasing and Contracts Dlylsion City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation. Vill. PROPOSAL SUBMITTALS ALL PROPOSAL RESPONSES MUST BE SUBMITTED ELECTRONICALLY THROUGH THE CITY'S BIDS & TENDERS SOFTWARE PLATFORM. NO PAPER OR MANUAL SUBMISSIONS WILL BE ACCEPTED. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts Division may be considered as a duly authorized expression. Also, only communications from Proposers that are signed in and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC(OR ANY OTHER AGENCY THAT MAY BE A PARTY TO THIS AGREEMENT) OTHER THAN THE CITY OF TAMARAC PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. Remainder of Page Intentionally Blank 23 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division SCHOOL CROSSING GUARD LOCATIONS AND TIMES MATRIX (ACTUAL NUMBER OF POSITIONS & LOCATIONS TO BE DETERMINED AT TIME OF STAFFING. MATRIX DOES NOT INCLUDE SUPERVISORS. Guard Locations Responsible Daily Hours Billed Post city Coral Ridge Dr. & Riverside Coral Springs 3 Post 1 Zone 1 Coral Ridge Dr. & Riverside Coral Springs 3 Post 2 Zone 1 Riverside Dr. & 112 Lane Coral Springs 3 Zone 1 Riverside &Coral Springs Dr Coral Springs 3 Post 1 Zone 1 Riverside &Coral Springs Dr Coral Springs 3 Post 2 Zone 1 Ramblewood Dr. & NW 100 Dr Coral Springs 3 Post 1 Zone 1 Ramblewood Dr. & NW 100 Dr Coral Springs 3 Post 2 Zone 1 Riverside &Shadowwood Dr Coral Springs 3 Post 1 Zone 1 Riverside &Shadowwood Dr Coral Springs 3 Post 2 Zone 1 Shadowwood Dr& NW 89 Dr Coral Springs 3 Zone 1 Shadowwood Dr& NW 91 Dr Coral Springs 3 Zone 1 Atlantic Blvd & Riverside Coral Springs 2 Post 1 Zone 1 Atlantic Blvd & Riverside Coral Springs 2 Post 2 Zone 1 Atlantic Blvd &Riverside Coral Springs 2 Post 3 Zone 1 Atlantic Blvd & Riverside Coral Springs 2 Post 4 Zone 1 Atlantic Blvd & Ramblewood Coral Springs 2 Post 1 Zone 1 Atlantic Blvd & Ramblewood Coral Springs 2 Post 2 Zone 1 Atlantic Blvd &Ramblewood Coral Springs 2 Post 3 Zone 1 24 T♦AM,L ARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Ramblewood Dr&NW 5th St Coral Springs 2 Zone 1 Riverside &Ramblewood Dr Coral Springs 2 Post 1 Zone 1 Riverside &Ramblewood Dr Coral Springs 2 Post 2 Zone 1 Royal Palm Blvd & NW 123rd Ave Coral Springs 3 Post 1 Zone 1 Royal Palm Blvd & NW 123rd Ave Coral Springs 3 Post 2 Zone 1 NW 123rd Ave &NW 24th St Coral Springs 3 Zone 1 NW 110th Ave & NW 34th PI Coral Springs 3 Zone 2 NW 110th Ave &NW 108th Dr Coral Springs 3 Post 1 Zone 2 NW 110th Ave &NW 108th Dr Coral Springs 3 Post 2 Zone 2 Wiles Rd &Coral Springs Dr Coral Springs 2 Post 1 Zone 2 Wiles Rd &Coral Springs Dr Coral Springs 2 Post 2 Zone 2 Wiles Rd &Coral Springs Dr Coral Springs 2 Post 3 Zone 2 Wiles Rd &Coral Springs Dr Coral Springs 2 Post 4 Zone 2 Remsburg Dr. &Wiles Rd Coral Springs 2 Post 1 Zone 2 Remsburg Dr. &Wiles Rd Coral Springs 2 Post 2 Zone 2 Westview Dr. &Coral Springs Coral Springs 3 Post 1 Zone 2 Westview Dr. &Coral Springs Coral Springs 3 Post 2 Zone 2 NW 104th Ave, East Side of School Coral Springs 3 Zone 2 Sportsplex Dr&School-Site Mid-Block Coral Springs 2 Post 1 Zone 2 Sportsplex Dr&School-Site Mid-Block Coral Springs 2 Post 2 Zone 2 Sample Rd &Coral Ridge Dr Coral Springs 2 Post 1 Zone 2 I Sample Rd &Coral Ridge Dr Coral Springs Zone 2 2 E Post 2 25 TAM.iR.AC The City For Your Life City of Tamarac Purchasing and Contracts Division Wyndham Circle& NW 52nd PI Coral Springs 3 Post 1 Zone 2 Wyndham Circle & NW 52nd PI Coral Springs 3 Post 2 Zone 2 Wyndham Lakes Blvd &Coral Ridge Dr Coral Springs 3 Post 1 —SE corner Zone 2 Wyndham Lakes Blvd &Coral Ridge Dr Coral Springs 3 Post 2—SW corner Zone 2 Wyndham Lakes Blvd &Coral Ridge Dr Coral Springs 3 Post 3—NW corner Zone 2 Coral Springs Dr&NW 29th St Coral Springs 3 Post 1 Zone 2 Coral Springs Dr& NW 29th St Coral Springs 3 Post 2 Zone 2 NW 29th St& NW 101St Ln Coral Springs 3 Zone 2 NW 31st St&NW 101st Ln Coral Springs 3 Zone 2 NW 66th Terr& NW 58 Terr Coral Springs 3 Post 1 Zone 3 NW 66th Terr& NW 58 Terr Coral Springs 3 Post 2 Zone 3 Creekside Dr& NW 66th Terr Coral Springs 3 Post 1 Zone 3 Creekside Dr& NW 66th Terr Coral Springs 3 Post 2 Zone 3 Creekside Dr&NW 66th Terr Coral Springs 3 Post 3 Zone 3 Wiles Rd &Creekside Dr Coral Springs 3 Post 1 Zone 3 Wiles Rd &Creekside Dr Coral Springs 3 Post 2 Zone 3 Riverside Dr&Westview Dr Coral Springs 3 Post 1 Zone 3 Riverside Dr&Westview Dr Coral Springs 3 Post 2 Zone 3 Westview Dr&School Site—Mid-block Coral Springs 3 Post 1 Zone 3 Westview Dr&School Site—Mid-block Coral Springs 3 Post 2 Zone 3 Forest Hills Blvd &NW 85th Av Coral Springs 3 Zone 3 Forest Hills Blvd &Green Glades Coral Springs 3 Zone 3 26 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Forest Hills Blvd & NW 87th Terrace Coral Springs 3 Zone 3 Woodside Dr& NW 35th Ct Coral Springs 3 Post 1 Zone 3 Woodside Dr& NW 35th Ct Coral Springs 3 Post 2 Zone 3 Riverside Dr& NW 35th Ct Coral Springs 3 Post 1 Zone 3 Riverside Dr& NW 35th Ct Coral Springs 3 Post 2 Zone 3 NW 35th Ct& NW 80th Ave- Mid-Block Coral Springs 3 Zone 3 Wiles Rd & NW 66th Terrace Coral Springs 2 Post 1 Zone 3 Wiles Rd & NW 66th Terrace Coral Springs 2 Post 2 Zone 3 Turtle Run Blvd & NW 65th Ter Coral Springs 2 Post 1 Zone 3 Turtle Run Blvd &NW 65th Ter Coral Springs 2 Post 2 Zone 3 Wiles Rd & Rock Island Rd Coral Springs 2 Post 1 Zone 3 Wiles Rd &Rock Island Rd Coral Springs 2 Post 2 Zone 3 University&Sample Rd Coral Springs 3 Post 1 —SE corner Zone 3 University&Sample Rd Coral Springs 3 Post 2—NE corner Zone 3 Kimberly&SW 73rd North 3 Lauderdale Kimberly&SW 75th North 3 Post 1 Lauderdale Kimberly&SW 75th North 3 Post 2 Lauderdale Kimberly&SW 76th North 3 Lauderdale Kimberly&SW 78th North 3 Lauderdale Kimberly&SW 71St North 5 Post 1 Lauderdale Kimberly&SW 71St North 5 Post 2 Lauderdale Kimberly&SW 71st North 5 Post 3 Lauderdale 27 TAMARAC r The City For Your Life City of Tamarac Purchasing and Contracts Division Kimberly&SW 71st North 5 Post 4 Lauderdale Tam O'Shanter&SW 71St North 5 Post 1 Lauderdale Tam O'Shanter&SW 71St North 5 Post 2 Lauderdale Tam O'Shanter&SW 75th North 5 Post 1 Lauderdale Tam O'Shanter&SW 75th North 5 Post 2 Lauderdale Tam O'Shanter&SW 76th North 5 Lauderdale Tam O'Shanter& Hampton Blvd North 5 Lauderdale Southgate and SW 77th Terrace North 3 Lauderdale SW 81 st&SW 5th North 3 Post 1 Lauderdale SW 81 st&SW 5th North 3 Post 2 Lauderdale SW 76th&SW 5th North 3 Lauderdale SW 77th&SW 5th North 3 Lauderdale Southgate &SW 71st Ave North 3 Post 1 Lauderdale Southgate &SW 71 st Ave North 3 Post 2 Lauderdale SW 17th&SW 62nd North 3 Lauderdale SW 18th&SW 62nd North 3 Lauderdale SW 63rd&Bailey Rd. North 3 Lauderdale SW 17th&SW 68th North 3 Lauderdale SW 63rd&SW 20th North 3 Lauderdale SW 17th St.. &81 st Ave North 5 Post 1 Lauderdale SW 17th St.. &81 st Ave North 5 Post 2 Lauderdale 28 Ti-Mir.► The City For Your Life City of Tamarac Purchasing and Contracts Division SW 62nd&SW 19th North 3 Lauderdale SW 63rd&SW 18th North 3 Lauderdale SW 63rd &SW 17th North 3 Lauderdale SW 17th& US 441 North 3 Post 1 Lauderdale SW 17th& US 441 North 3 Post 2 Lauderdale SW 17th& US 441 North 3 Post 3 Lauderdale I Rock Island Rd. &Bailey Rd. North 3 Post 1 Lauderdale Rock Island Rd. & Bailey Rd. North 3 Post 2 Lauderdale SW 82nd&SW 17th North 3 Lauderdale SW 83rd &North Coral Circle North 3 Lauderdale SW 81st&McNab Rd. North 5 Post 1 Lauderdale SW 81st& McNab Rd. North 5 Post 2 Lauderdale SW 81st& McNab Rd. North 5 Post 3 Lauderdale SW 81 st& McNab Rd. North 5 Post 4 Lauderdale SW 71 st& McNab Rd. North 3 Post 1 Lauderdale SW 71st&McNab Rd. North 3 Post 2 Lauderdale SW 71 st&McNab Rd. North 3 Post 3 Lauderdale SW 71st&McNab Rd. North 3 Post 4 Lauderdale US 441 & Boulevard of Champions North 3 Post 1 Lauderdale US 441 & Boulevard of Champions North 3 Post 2 Lauderdale US 441 & Boulevard of Champions North 3 Post 3 Lauderdale NW 19th Street/Sunset Strip Sunrise 3 29 TAMARAC The City For Your Life Clty of Tamarac Purchasing and Contracts Division NW 68th Ave/Oakland Park Blvd Sunrise 3 NW 60th Ave/NW 19th Street Sunrise 3 NW 64th Ave/Sunset Strip Sunrise 3 Post 1 NW 64th Ave/Sunset Strip Sunrise 3 Post 2 2100 Block NW 68th Ave Sunrise 3 NW 70TH Ave/NW22nd St Sunrise 3 NW 68th Ave/Sunset Strip Sunrise 3 Post 1 NW 68th Ave/Sunset Strip Sunrise 3 Post 2 University Dr/Sunset Strip Sunrise 2 Post 1 University Dr/Sunset Strip Sunrise 2 Post 2 Pine Island Rd /Sunset Strip Sunrise 5 Post 1 Pine Island Rd/Sunset Strip Sunrise 5 Post 2 Pine Island Rd/Sunset Strip Sunrise 5 Post 3 Pine Island Rd /Sunset Strip Sunrise 5 Post 4 NW 91st Way/Sunset Strip Sunrise 5 Post 1 NW 91st Way/Sunset Strip Sunrise 5 Post 2 8900 Block NW 21st Manor Sunrise 5 NW 91 st Way/NW 21 st Manor Sunrise 5 Pine Island Rd /NW 20th Ct Sunrise 5 Post 1 Pine Island Rd/NW 20th Ct Sunrise 5 Post 2 NW 104th Ave/NW 21st Ct Sunrise 3 NW 103rd Ave/Sunset Strip Sunrise 3 Post 1 NW 103rd Ave/Sunset Strip Sunrise 3 Post 2 Nob Hill/Sunset Strip Sunrise 2 Post 1 Nob Hill/Sunset Strip Sunrise 2 Post 2 30 TAIMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Nob Hill/Sunset Strip Sunrise 2 Post 3 Nob Hill Rd /321d Manor Sunrise 3 Nob Hill Rd/Josh Lee Blvd Sunrise 3 Post 1 Nob Hill Rd/Josh Lee Blvd Sunrise 3 Post 2 NW 97th Ave/NW 32nd Manor Sunrise 3 Nob Hill Rd /W Oakland Pk. Blvd Sunrise 3 Post 1 Nob Hill Rd /W Oakland Pk. Blvd Sunrise 3 Post 2 9900 Block W Oakland Pk. Blvd Sunrise 3 3400 Block Nob Hill Rd. Sunrise 3 Nob Hill Rd /NW 44th St. Sunrise 3 Post 1 Nob Hill Rd/NW 44th St. Sunrise 3 Post 2 Nob Hill Rd/NW 44th St. Sunrise 3 Post 3 NW 94th Ave/NW 44th St. Sunrise 3 Post 1 NW 94th Ave/NW 44th St. Sunrise 3 Post 2 NW 94th Ave/Springtree Lks Dr Sunrise 5 Post 1 NW 94th Ave/Springtree Lks Dr Sunrise 5 Post 2 NW 94th Ave/NW 50th St Sunrise 5 Post 1 NW 94th Ave/NW 50th St Sunrise 5 Post 2 Pine Island Rd /NW 50th Sunrise 5 Pine Island Rd/Springtree Lakes Dr. Sunrise 3 Pine Island Rd/NW 44th St. Sunrise 3 Pine Island Rd/W Commercial Blvd. Sunrise 3 Silver Palm Blvd/Key Lime Way Sunrise 3 31 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 12700 Block NW 8th St Sunrise 3 3700 Hiatus Rd Sunrise 3 Post 1 3700 Hiatus Rd Sunrise 3 Post 2 Nob Hill/Sunset Strip Sunrise 3 Post 1 Nob Hill/Sunset Strip Sunrise 3 Post 2 Bailey Road 1 SW 81st Street Tamarac 3 Post 1 Bailey Road /SW 81st Street Tamarac 3 Post 2 NW 75 Street/NW 80 Avenue Tamarac 3 NW 76 Street/NW 75 Avenue Tamarac 3 NW 77 Street/NW 75 Avenue Tamarac 3 NW 78 Street/NW 78 Avenue Tamarac 3 NW 79 Street/NW 75 Avenue Tamarac 3 NW 79 Street/NW 70 Avenue Tamarac 3 NW 82 Street/NW 74 Terrace Tamarac 3 Lagos De Campo Blvd./McNab Rd. Tamarac 3 7601 N. University Dr./Overpass Tamarac 3 Post 1 7601 N. University Dr./Overpass Tamarac 3 Post 2 Pine Island/Commercial Blvd Tamarac 3 Post 1 Pine Island /Commercial Blvd Tamarac 3 Post 2 Pine Island/Commercial Blvd. Tamarac 3 Post 3 Pine Island/Commercial Blvd. Tamarac 3 Post 4 McNab Road/Nob Hill Road Tamarac 3 Post 1 McNab Road/Nob Hill Road Tamarac 3 Post 2 32 TROAMARAC The City For Your Life _City of Tamarac Purchasing and Contracts Division McNab Road/Nob Hill Road Tamarac 3 Post 3 McNab Road/Nob Hill Road Tamarac 3 Post 4 NW 94 Avenue/57th Street Tamarac 3 Post 1 NW 94 Avenue/57th Street Tamarac 3 Post 2 NW 94 Avenue/57th Street Tamarac 3 Post 3 McNab Road/Pine Island Road Tamarac 3 Post 1 McNab Road /Pine Island Road Tamarac 3 Post 2 Nob Hill Road/Southgate Blvd. Tamarac 3 Post 1 Nob Hill Road/Southgate Blvd. Tamarac 3 Post 2 Remainder of Page Intentionally Blank 33 TAMARAC 1 The City For Your Life Clty of Tamarac Purchasing and Contracts Division PROPOSALFORM REQUEST FOR PROPOSAL NO. 19-23R School Crossing Guard Services NOTE: THIS FORM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLYH ALL PROPOSAL PRICING MUST BE SUBMITTED ELECTRONICALLY THROUGH THE CITY'S BIDS AND TENDERS PLATFORM!! We propose to furnish the following in conformity with the specifications and at the following proposal prices. The proposal prices quoted have been checked and certified to be correct. Calculate Pricing as Follows: 1. (Number of Posts x#of Daily Hours Worked)X Cost per Hour= Daily Total Cost. 2. Daily Total Cost x Est. Annual # of School Days = Estimated Annual Total Cost Daily Cost Est. Est. Annual Number # of Daily Cost per Total Annual Total Cost of Posts Hours Hour School Worked Days - Including potential summer school Coral Springs Guard — 2 26 52 $ $ 240 hour shift $ Coral Springs 50 150 240 Guard — 3 $ $ hour shift $ Coral Springs 240 Supervisor(s) 3 18 $ $ $ —6 hour shift North 240 Lauderdale 34 102 $ $ Guard — 3 $ hour shift 34 TAs r�-AC The City For Your Life City of Tamarac Purchasing and Contracts Division North 16 80 240 Lauderdale $ $ Guard — 5 $ hour shift North 240 Lauderdale 2 12 $ $ $ Supervisor(s) —6 hour shift Sunrise 240 Guard — 2 5 10 $ $ hour shift $ Sunrise 34 102 240 Guard — 3 $ $ hour shift $ Sunrise 240 Guard — 5 15 75 $ $ $ hour shift Sunrise 240 Supervisor(s)- 3 18 $ $ - 6 hour shift $ Tamarac 27 81 240 Guard — 3 $ $ hour shift $ Tamarac 240 Supervisor(s) 1 6 $ $ $ — 6 hour shift TOTAL BASIS OF PRICING COMPONENT FOR AWARD: Pricing Points for this proposal will be calculated based on the aggregate lowest total Estimated Annual Cost for the City and all participating agencies. The firm with the lowest aggregate pricing will receive the maximum number of points for pricing. Other firms will be assigned points based on the formula (Lowest Aggregate Pricing/Proposer's Aggregate Pricing) x total available pricing points. Successful proposer must secure the required Worker's Compensation Insurance coverage and the required Liability Insurance coverage with the City of Tamarac named as an additional insured, and provide proof of this insurance. 35 T,.MiRAC,- The City For Your Life City of Tamarac Purchasing and Contracts Division NOTE: THIS SAMPLE AGREEMENT DOCUMENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLYH SAMPLE FORM AGREEMENT BETWEEN THE CITY OF TAMARAC AND (SUCCESSFUL PROPOSER) THIS AGREEMENT is made and entered into this day of , 20 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the"City") and , a corporation with principal offices located at (the "Contractor') to provide for School Crossing Guard Services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement Request for Proposal Document No 19-23R including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Contractor, specifications, bond(s), (if applicable), and insurance certificate(s),the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to 2.1.2 Contractor shall 2.1.3 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 36 TAM�A,RAC The City For Your Life City of Tamarac Purchasing and Contracts Dlvlsion 2.1.4 Contractor shall provide the City with seventy-two (72) hours written notice priorto the beginning of work under this Agreement and priorto any schedule change with the exception of changes caused by inclement weather. 2.1.5 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or sub-Contractors, if any,with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term and Renewal The contract term shall be for a period of two (2) years from the date of this Agreement, with two (2) additional two-year renewal terms based upon satisfactory performance and mutual agreement of both parties. All terms and conditions shall remain firm for the initial period of the contract and for any renewal period. Any price adjustment shall be per section 6 "Cost Adjustments" of this Agreement 5) Contract Sum Pricing shall be in accordance with the pricing schedule provided herein. 6) Cost Adjustments No price increase for the initial contract period will be accepted unless necessitated by an adjustment to the Florida Minimum Wage, or an adjustment to the Federal Minimum 37 TAMARAC The city For Your Life Clty of Tamarac Purchasing and Contracts DivIsion Wage to a higher level than the Florida Minimum Wage. Changes in the Florida minimum wage shall be as outlined in Florida Statute 448.110. Per this Statute, new minimum wage rates will be calculated annually, made public by October 15 of each year and implemented on January 1 of the following year. The City will allow an annual increase in the hourly rate charged equal only to the difference between the new minimum wage hourly rate as required by law and the previous year's minimum wage hourly rate as required by law. No other increases will be accepted. Additionally, changes in the hourly rate paid to the Contractor will be implemented on the January 1 st following the announced increase and will apply only to those hours worked after January 1st. Costs for any renewal terms are subject to an adjustment only if an increase or decrease occurs throughout the local industry. The City will use changes in the Consumer Price Index (CPI) (United States All Urban Consumers), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, and documented payroll figures provided by the Contractor in any adjustment review. Any request for increase at the time of renewal must be documented and submitted in writing to the City at least one hundred twenty (120) days prior to the contract anniversary date. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented or are considered by the City to be excessive. In the event that the City determines that the costs as submitted are not properly documented or are excessive, and the matter cannot be resolved to the satisfaction of the City, the contract will not be renewed for the additional optional renewal period(s). 7) Payments Payment will be made monthly for goods properly delivered during the previous month or other schedule as agreed between Contractor and City. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 8) Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, 38 TAMARA .01 ,.� The City For Your Life City of Tamarac Purchasing and Contracts Division the terms and conditions of this Article shall survive indefinitely. 8.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 8.7 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore,the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.8 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.9 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9) Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation,familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any,will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/employer relationship between the 39 TAMARAC .� The City For Your Life City of Tamarac Purchasing and Contracts Dlylsion Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service,as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 40 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7)days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid.The term"Uncontrollable Forces"shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning,epidemic,war, riot,civil disturbance,sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces,which are preventable, removable, or remediable, and which the nonperforming party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force,give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 41 iQM�C.- The City For Your Life Clty of Tamarac Purchasing and Contracts Division 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 21) Budgetary Constraints In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 42 TAM, ARA►C The City For Your Life City of Tamarac Purchasing and Contracts Division 22) Scrutinized Companies - 287.135 AND 215.473 22.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 22.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five(5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 23) Public Records 23.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 23.1.1 Keep and maintain public records required by the City in order to perform the service; 23.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 23.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the 43 TA,M�.ARA�C The City For Your Life Clty of Tamarac Purchasing and Contracts DivIsion records to the City. 23.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 23.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 24) CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 25) SPECIAL PROVISIONS FOR FLORIDA SCHOOLS It is anticipated that this Agreement will be utilized by Cities in support of the Broward Public Schools. Vendors making deliveries to the facilities of any School District in the State of Florida with children present shall comply with the following 44 TA�M�ARAC The City For Your Life City of Tamarac Purchasing and Contracts Division requirements: 25.1 Background Screening: In the event the requirements include the need for Contractor to visit any Florida schools with students present, Contractor agrees to comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes, and all of its personnel who (1) are to be permitted access to school grounds when students are present, (2)will have direct contact with students, or(3)have access or control of school funds, will successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. This background screening will be conducted by the individual school district(s) in advance of Contractor or its personnel providing any services under the conditions described in the previous sentence. Contractor shall bear the cost of acquiring the background screening required by Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to Contractor and its personnel. The Parties agree that the failure of Contractor to perform any of the duties described in this section shall constitute a material breach of this Agreement entitling the City of Tamarac to terminate this Agreement immediately with no further responsibilities or duties to perform under this Agreement. Contractor agrees to indemnify and hold harmless The City or any Florida school district using this Agreement, its officers and employees resulting from liability or claims made by any person who may suffer physical or mental injury, death or property damage resulting in the Contractor's failure to comply with the requirements of this Section or with Sections 1012.32 and 1012.465, Florida Statutes. 25.2 Child Neglect: The Contractor and its employees shall be subject to the requirements of§39.201 Florida Statute that requires the reporting of child abuse or child neglect to the State of Florida, Department of Children and Families via the Florida Abuse Hotline 1-800-962-2873. 25.3 Confidential Student Information: Notwithstanding any provision to the contrary contained in this agreement between the Contractor and the City; Contractor and its officers, employees, agents, representatives, contractors, and sub-contractors shall fully comply with the requirements of Section 1002.22 and Section 1002.221, Florida Statutes, or any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records. Further, Contractor for itself and its officers, employees, agents, representatives, contractors, or sub-contractors, shall fully indemnify and hold the City of Tamarac as well as any Florida school district using this Agreement, and its officers and employees harmless for any violation of this covenant, including but not limited to defending the City and any Florida school district using this Agreement, its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the City or Florida school district using this Agreement or payment of 45 TAMARAC t The City For Your Life City of Tamarac Purchasing and Contracts Division any and all costs(s), damages (s), judgment(s), or loss(es) incurred by or imposed upon the City or Florida school district using this Agreement arising out of the breach of this covenant by the vendor, or an officer, employee, agent, representative, contractor, or sub-contractor of the vendor to the extent and only to the extent that the vendor or an officer, employee, agent, representative, contractor, or sub- contractors of the vendor shall either intentionally or negligently violate the provisions of this covenant, or Sections 1002.22 or 1002.221, Florida Statutes. This provision shall survive the termination of or completion of all performance or obligations under this agreement and shall be fully binding upon Contractor until such time as any proceeding brought on account of this covenant is barred by any applicable statute of limitations. 26) COMPLIANCE WITH STATUTES It shall be proposer's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state and federal agencies as applicable, specifically the Jessica Lunsford Act—Chapter 1012, Florida Statutes, which provides for the screening of individuals who are vendors or contactors with a Florida public school or district. Remainder of Page Intentionally Blank 46 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its , duly authorized to execute same. CITY OF TAMARAC Michelle E. Gomez, Mayor Date ATTEST: Michael C. Cernech, City Manager Patricia Teufel CIVIC Date: City Clerk Approved as to form and legal sufficiency: Date City Attorney ATTEST: Company Name (Corporate Secretary) Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date 47 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of , a Corporation, to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 20_ Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 48 SECOND RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH,FLORIDA, AND ACTION LABOR STAFFM CONNECTION This is a Second Renewal of an Agreement(the"Renewal"), which Agreement, dated August 26, 2014 (the "Agreement"), exists between the City of Dania Beach, Florida, a Florida municipal corporation (the "City„) and Action - Connection., a Florida corporation (the "Contractor") with its principal place of business located at 6555 N. Puwerline Road, # 306, Fort Lauderdale, FL 33309, for school crossing guard services. A copy of the existing Agreement is attached as Exhibit"A", which is made a part of and incorporated into this Renewal by this reference. The City and Contractor wish to renew the Agreement for one(1) year up to and including August 26, 2019. In consideration of the mutual covenants,terms and conditions contained in the Agreement and in this Renewal of it, and for other good and valuable consideration,the adequacy and receipt of which are acknowledged and agreed upon,the parties agree to the following: 1. That the Agreement is renewed and it shall remain in effect up to and including August 26, 2019. 2. That the terms and conditions of the Agreement will remain the same throughout the term 1 of this Renewal of it. 3. That the Agreement is extended for a period of one (1) year to provide school crossing guard services at an hourly rate of Twelve Dollars and Fifty Eight Cents ($12.58) and an annual amount not to exceed One Hundred Nineteen Thousand Two Hundred Fifty Eight Dollars and Forty Cents ($119,258.40), reflecting no increase to the present annual maximum service cost. I 4. That in all other respects,the Agreement is ratified and reaffirmed and remains in full force and effect. { IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on 2018. � CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal ration r� THOMAS SCHNEIDER,CM C 4TAARA JAMS ' CITY CLERK MAYOR APPROVED AST AND CORRECTNESS: f THOMAS J. Sc O O ERT BALDWIN CITY ATT EY CITY MANAGER WITNESSES: CONTRACTOR: Action Labor/Staffing Connection.,a Florida Corparahon r d,,,, Signature i PRINT Name PRINT Name ��m TITLE Signature Ff _� . PRINT Name STATE OF FLORIDA COUNTY OF V) BEFORE me on ��_�cJ , 2018, perwnally appeared � r tdas of Action "'d -`ift Connection, a Florida corporation, who acknowledged execution of the foregoing Renewal of the Agreement for the use and purposes mentioned in it, and that the instrument is the sole act and deed of the Contractor. Such person is personally known r has produced ,as identification. 1 r AdTAY PuBLic State of Florida PRINT Name o Notary My Commission Expires: ; MARIA LUAGARCIA IVA Commbsim 8 06 14MB Expires October 5,2a21 Bv"Rn Tmy Fein Imam=EONW7016 2 /�Cm DATE(MMIDD/YYYY) k,..,r CERTIFICATE OF LIABILITY INSURANCE 11/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER NAME: August Quartarar0 Risk Transfer Insurance Agency,LLC pAMq E ___.- __ - TfAid A% P.O.Box 531165 Fxt): _ —_____ _(- --- -.—_.. . A Orlando,FL 32853-1165 ADDRESS:aquartararo@actionlabor.com DDR INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B.America❑Guarantee&Liablllt Insurance Company WO Partners.LLC and each of its subsidiaries(listed below) - y-- p y 624 Nottingham Blvd INSURER c SUNZ Insurance Company - West Palm Beach,FL 33405 INSURER D.United Wisconsin Insurance Company 29157 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:VBZFCLVL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LI U POLICY NUMBER POLICY EFF PdUffIEW � -`` LIMITS LTRUM A X COMMERCIAL GENERAL LIABILITY ( 99093100 03/16l2018 0311612019 ,EACH OCCURRENCE S 1,000,000 CLAIMS-MADE OCCUR ( PREMISEESJFa occunerice) 100,000 MED EXP(Any one person) 10,000 - �-S 1,000,000 ' X I �PERSONAL 8 ADV INJURY i$ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 I ❑PRO- �] — m 2,000,000 L_J POLICY JECT L_�LOC ' PRODUCTS-COMP/OP AGG $ OTHER S A AUTOMOBILE LIABILITY PRA013043600-Scheduled Autos 03/16/2018 03/16/2019 COMBINED SINGLE LIMIT 1,000,000 PRA099093100-HNOA �acadent)_�,_,_,----�_$_____ __ ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ - X HIRED X NON-OWNED PRi?P£RI'Y p11MAGE AUTOS ONLY AUTOS ONLY i acciderstl $ B X UMBRELLA LAB X OCCUR OMB 9 00 03/16/2018 03/1 6/2019 ;EACH OCCURRENCE — $ 5,000,000 EXCESS LIAR CLAIMS-MADE f AGGREGATE $ _ 5.000,000 DED RETENTIONS`� y LL _ $ C WORKERS COMPENSATION WC500-00015-01$ SC) 03116/2018 03/16/2019 X PER OTH- D AND EMPLOYERS'LIABILITY W0003-00005-018�FL) $TpTUT ER - !ANY PROPRIETORIPARTNER/EXECUTIVE Yf N l E L EACH ACCIDENT +$ 1,000,000 OFFICER/MEMBER EXCLUDED? N I A' __.. _� (Mandatory in NH) E.L DISEASE-EA EMPLOYEE,S 1,000,000 If yes,describe under 1.000,000 DESCRIPTION OF OPERATIONS below i E L DISEASE-POLICY LIMIT $ $ $ ' I $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Subsidiaries- •dba Action Labor of Florida •dba Action Labor of the Carolinas •dba Action Labor Management •dba Staffing Connection Blanket Additional Insured status is provided to the Certificate Holder,as required by written contract or agreement,subject to the terms,conditions and exclusions within the policy,subject to the terms,conditions,and exclusions of the policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dania Beach AUTHORIZED REPRESENTATIVE 100 W.Dania Beach Blvd Dania Beach,FL 33004 Page 1 of 1 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD FIRST RENEWAL OF AGREEMENT BETWEEN THE CITY OF DANIA BEACH,FLORIDA, AND S'Mdl1 M CONNECTIONS,INC. This is a First Renewal of an Agreement(the"Renewal"),which Agreement,dated August 26, 2014 (the "Agreement"), exists between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and Staffing Connections, Inc., a Florida corporation(the"Contractor")with its principal place of business located at 3935 Palm Beach Boulevard, Fort Myers,Florida 33916, for school crossing guard services. A copy of the existing Agreement is attached as Exhibit"A",which is made a part of and incorporated into this Renewal by this reference. The City and Contractor wish to renew the Agreement for one(1)year up to and including August 26,2018. In consideration of the mutual covenants,terms and conditions contained in the Agreement and in this Renewal of it,and for other good and valuable consideration,the adequacy and receipt of which are acknowledged and agreed upon,the parties agree to the following: 1. That the Agreement is renewed and it shall remain in effect up to and including August 26, 2018. 2. That the terms and conditions of the Agreement will remain the same throughout the term of this Renewal of it. 3. That the Agreement is extended for a period of one (1) year to provide school crossing 1 guard services at an hourly rate of Twelve Dollars and Fifty Eight Cents ($12.58) and an annual amount not to exceed One Hundred Nineteen Thousand Two Hundred Fifty Eight Dollars and Forty Cents ($119,258.40), reflecting no increase to the present annual maximum service cost. 4. That the City has the sole option to renew for an additional one(1)year at the same hourly rate of Twelve Dollars and Fifty Eight Cents ($12.58)and a not-to-exceed annual amount of One Hundred Nineteen Thousand Two Hundred Fifty Eight Dollars and Forty Cents ($119,258.40). 5. That in all other respects,the Agreement is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Renewal on .TUL./ 1 ,2017. CITY: ATTEST: CITY OF DANIA BEACH,FLORIDA, m i corporation LOUISE STILSON,CMC BER ALD'WIN CITY CLERK IT'Y MANAGER x� APPROVED AS FORM AND CO S: r\ —Al TH s . RO CIT TTO WITNESSES: CONTRACT0 g c„a Florida Corporaation ct�5�61'f Sigaativa 3i PRINT Name P Name TITLE Si t ae- PRU&Nme STATE OF FLORIDA COUNTY OF 0jtM'3fX A BEFORE me on \ _„ 2017, personally appeared KA 00 EMT as ` j t?S,flt'x�T Cc t? of 06 - Connections, Inc., a Florida corporation, who acimowledged execution of the foregoing Renewal of the Agreement for the use and purposes mentioned in it, and that the insbnunent is the sole act and deed of the Contractor. Such is ly known to am or has produced as identification. �J L NarARX State of Florida i PRINT Name of Notary My Commission Expires: ROOOODPOA= A r+a�rNtirt�tstrc n. A of FL*MM Fps 7131Ml7 2 AGREEMENT BETWEEN THE CITY OF DANIA BEACH,FLORIDA,AND M . CONNECTIONS,INC.FOR SCHOOL CROSSING GUARD 1lPFAT InM SERVICES THIS IS AN At3REBffiNT,made on AUGUST c0t .2014,by and between the CITY OF DANIA BEACH, FLORIDA (the "City"), a Florida municipal corporation and STAITM CONNECTIONS,INC.(the"Company"),a Florida corporation. WIERREAS,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 adft services,with appropriate c ettificalions;and WHEREAS,the pasties are desirous of providing for the toms and conditions of their ABt; NOW, THEREFORE, In consideration of the mutual covenants contained in this i Agent, and other good and valuable consideration, the adequacy and receipt of which are acknowledged,the pa:ties,intending to be legally bound,covenant and agm as follows: 1. SWvleas. Company shall provide the school crossing guard jkOft and supervisory services necessary to satisfy the requirements of the City's School Crossing Guard Program. Company shall provide the following minimur n personnel,at the locations and during the times described i in this Agreement;for the consideration set fncth below: (a) number of guards;l l guards (b) number of supervisory personnel: 1 (c) bill rate:$12.59 per hour. The City roam the right to require more or less crossing guard Wift services upon three(3)days' written notice,spec fying its needs. In no case during the three(3)year team of this Agreement,shall the coat to the City exceed One Humdred Nineteen Thousand Two Hundred Fifty-Seven Dollars and Forty Cents($119,257.40)in any one year. 2. Dsty Hoar:Daft LoaElionri. 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 become effective on the date set forth in such written diree ive,provided that such date shall not be sooner than three(3)business days from the daft of the written directive. 1 I 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. Considerallm 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 instasnc a coverage and premiums, withholding taxes. FICA, benefits, if any, all remunerations, all labor contract compliance and all other charges. Company is being retained w an independent contractor and acknowledges and agrees that this Agreement does not maw 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 conractmg for the full crossing guard i Oh 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. Try rind Sinn: Company shall be responsible for finishing 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 23430Z 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 term 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. S. Uniforms. All peraomel provided by the Company 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 sball dress in a clean and neat manner. Company will assume replacement responsibility of personnel as needed. 6. Comnortmeft snare ofPexsoamel. 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 dislrespect upon the City or 2 Company, or call into question the competence or demeanor of such person relative to the performance of school crossing guard sbffft 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 descriptim of that employee and the location of the post 7. Darr Rester. Company shall provide the City with the names of all personnel and the location of all individuals' post locations. Such roster shall be provided on a weekly basis as of Friday of the preceding work week. S. 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 time (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 terra. 9. ll 91 Compacy shall provide invoices to the City an a weekly basis and the same shall be paid to Company within thirty(30)days. 10. Terrtiation. Either party may terminate this Agreement upon written notice to the other,provided that the ddft 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 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 bees 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. 11.1 All Certificate of Insurance must clearly identify the contract to which thry pertain, including a brief description of the subject msthw of the contract. The 3 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 GUIDr,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 insuusnce certificates provided to City Memo 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 famish,at least thirty(30)days prior to the expiration of the date of such insutan<x,a renewed Certificate of Insurance as proof that equal and lace 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 _� SERVICES TO THE CITY PURSUANT TO THE AGREEMENT,UNLESS ALL INSURANCE COVERAGES REMAIN IN FULL FORCE AND EFFECT. C 113 The below insurance coverages are minimum limit nequiremenb. 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 hold responsible for any modifications,deviations,or omissions in these insurance reqtdrementL Company shall be responsible for any deductible amounts. 113.1 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form property damage,bleoket coat ractual liability and personalladverdsing 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 oanfirmed on or atteered to the OAk I Cardfic ab of Imo) • 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 then Insurance Services Office(ISO)form CO 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 resporusibility for notification);and • Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate. 4 i 11.3.2 WORKM' 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"Worloers' Compensation Lew"of tthe 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 n9uvic any similarly to provide Worlms' Compensation Insurance for all of the latter s employees; in addition to any coverage afforded by the Company,by finishing statutory limits Part A. In all cases, no less than and One lVMon Dollars ($1,000,000.00) employers' liability limits Part B must be provided for all persons performing services under this Agreement. In no event shag the company be permitted to utilize in the prosecution of the slaOft services,the followieW i) MW employee, subcontractor or sabcoatracbor employee that is exempted or purported to be exempt from Workers' Compensaton Insunnee coverage;or if) any employee,sabeontmetor or sobcoubmter employes who will be eovered by an empluyee leasing arrest. SPECIAL PROVISIONS AS TO WORKERS'COMPENSATION INSURANCE: (to be eonfirated on or attached to the OMdad Cerdficah of Insarance) • 30 Days'Notice of Cancellation or modification to City(if not available on the mm anee Certificates,then Company has responsibility for notification);and • Waiver of Subrogation in favor of City. 12. Now Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, seat 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: Jadde Besual,Human Resources Director/Risk Manager City of Dania Beach,Florida 100 West Dania Beach Boulevard Damn Beach,Florida 33004 5 With a copy to: Thomas J.Ansbro,City Attorney City of Dania Beach,Florida 100 west Dania Beach Boulevard Dania Beach,Flaida 33004 Company: Karon Hoover,President Wing Connec dons,Inc. 6555 North Powerline Road,Suite 306 Fort Lauderdale,Florida 33309 13. fie® fioab Company shall, in addition to any other obligation to indcmmfy the City and to the fullest extant pemutted by law, protect, defend, indemnify and hold harmless the City, mchrding its agents, elected officials and employees fiom 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 loan of use resulting fi an,or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part firm any actual or alleged act or omission of the Company,anyone dowdy or indirectly dyed by rt,or any for whose acts it may be liable in the performance of the work; i (b) any violation of law,statuae, oadimmm 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 nau= 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. Attarrusv'a Fees td coats. If City or Company incurs any expense in enforcing rho tams of this Agreement, whether suit is brought or not,each party shall beer its own costs and expenses including but not limited to,court costs and reasonable attorney's fees. is. N2R This Agreement or any portion of it shall not be assigned or transfared by either party without the advance written consent of the other party. 16. Cowtralm Law-;Consent to Judedlc sa. 6 construed to create a partnership,association or any other kind of joint undertaking,eolrcprise or 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, imam 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 Agreemad,verbal or written,made in violation of this subsection is nall 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 Ong fiscal years. Company shall not proceed with services under this Agreement without City's written verification that the finds necessary for Company compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget 23. Company warrants nod represents that no elected official, officer, agent or employee of the City has a Smmcial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, fiatha, that no City employee who acts in the City of Dania Beach as a"purchasing aged"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,Sather,that no such City employee.purchasing agent, City elected or appointed officer,or the gxmne or child of any of them,alone or in combination,has a material interest in the Company. Material interest memos direct or indirect ownership of more than five percent (5%)of the total assets or capital stock of the Company. U. Company shell comply with all federal, state and City laws applicable to the Company providing school crossing guard services and specifically those covering Equal Opportunity Empbymeat, the Americana 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. Failu m to comply with any laws will be grounds for termination of this Agreement for c muse. IN V T 4M OF THE FOREGOING,the parties have set their heads mad seals the day and year first written above. 8 COMPANY: R'1TNFSSES: STAMM CONNECTIONS,INC.,a Forcip to conduct CL Print Name 1DENT I { 3 Sigoatum {y Prim Name I s STATE OF FLO COUNTY OF The f0maoibm iastnrment was before me on V1 2014, by 0Q'j as �.J(of .,a FMda corporation on behalf of the corporation, w,ha is kwm or has produced sa identiScamion and did(did rat)take N*A#YFUvIU4I 24, j Slate Of Flaidi at Large i My commission expires: 1 sow E 10 s ACa ACTRJWB-01 BEAM CERTIFICATE OF LIABILITY INSURANCE F 10J1d12sis WE CERTIFICATE 13 MWED AS A&UTFIR OF NFORNATION ONLY AND COWEN NO ROM UPON THE CERiMMATE HOLDER TM CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERASE AFFORDED BY 711E POLICIES BELOW. TFUS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A COKTRACT BETVM N THE 1B UN4 BISUREA(SL AIr}1pRIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: M the oaAYleaaa hoMw is an ADDITIONAL NSURED.the poYq(bo Stud ba andonsd M aU MOQATIM EI WARIED,wtreet to tits tams and eondlBona of SAs pollq,aaRaM poBCla msY ti9uln an sndoPaeaTaaR A abhtttant an No aallseab dose not carAMer dVhta b the cor"scals heldar In Ibu d MPeII a MaaUalt Abom laatt O1MaaotAnladoa,laa own Caabw sw IISM)776-OM 1 J240 U01M f,18hnt SWLa 200 t:DaIBMoe IrrAlee FL 33458 iwwssA:Zu►bh Amwkm hwranoa Comwomy ISM IIiUED EMKWAN a: AWM Labor NSFAPnWM LLC arraAen C dbe Sblsmmm Conllaodong Acdm Labor of Fbdch,LLC: D 674 NaMgham Btv& Walt Palm B"d%FL 33406 www m a: awls P: COVERAGES CEIR'IW ATE NUAMER: M7M/MMlI1IBER: TM Is TO CERTIFY THAT THE POLICES OF NNURAMM LISTED BELOW mAVE BM No To THE pqKX=NAMED ABOVE FOR THE POLICY KRIOD INDICATED. NOTWITHSTANDING ANY RECIJIR9IENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER 00CIAE14T WITH RESPECT TD WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PEITrAN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCWSIONS AND CONDMONS OF SUCH POLICES.LIMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. r"sOrawaAARca Lam A X Nmmmitc RLoamMALUmmfi v iKatpCWHOIIBICE i 1 CLA40,41Ane I j occult 11111TUI 1B Bl O M7 emmmmigIgam, s 1 PSMl1OK t.a AW rIJ W 1 1,000, GeWLA GRE�GATKIUWTAPPLW POt QEImMLAompiuit L IC POLY Iu WTT ❑I= PRODUCTS.01XVZPAW s s ; AROIKMMW LIAMIL" III f 1 A AwA= 11.03 40M7f2M6 Ml1OMY mmLYa►AaIYIPe�w— s ALL ONWO BCHOU.ID Auras Autos ' BODILY rwRY(P.a>omsiu s j IIwFo Autos X AUTOSi x t.naRtaLALIA. X oocuR !1 AF=m" X 1 s TtDRImu COIMtNaAT1011 AND ERVUrMW LUWWJM _ Y�R7 El El49iACCIT f ��UnVF LLJ MIA ELDpgAN.EA NW249 OF Dow ELDaaAOE•PMPZYLWr f A Prafteeksmal Limb 1o>,7R016 MM& M7 Pwoocumence 1.000,001 aaaCIopTm or opwK7M1MMI&OCAT741A1 vala0laa IACoaD Ia1.Araeeul Irl�ar.rr,egret�/rf r.w aw w rw+M average%r work peAaard p anlplgsw at 110"Later of Fbrkw Son Had page for Wakes Campenea0ert Conrsps SHOULDANY aP 7MAWW DMFAM POUCIM BE CANCELLW BEFORE TM OaRATM DATE TIitBOF NOTICE V L ME pELNER® N ACCORDANCE WITH THE POLIC4 PROVeMmIll, CITY OF DANA BEACH AunHonaml+snaarAtrlrt 100 W DAMA BEACH BLVD O 10M,20U ACORD CORPORATM AH rights now ad. ACORD 25(2014 M) The ACORD non and Ipo are rpkored meet of ACORD ACR i CERTIFICATE OF LIABILITY INSURANCE oATEm is THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL ENSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. H SUBROGATION IS WANED,subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rWft to the cartifleatg holder in lieu of such andorsament(s). PRooucER Sunz Insurance Solutions,LLC ID:(WO Partners) Stefanie Parker 624 Nottingham Blvd. PHONE I FAX West Palm Beach, FL 33405 JLAR _ .crom _ IMURER(8)AFFORDING COVERAGE _ INSURER A; SUNZ Insurance Comoanv _ 34762 INSURED B: WO Partners LLC -T - and each of its subsidiaries(listed below) 1NSU:: --- 624 Nottingham Blvd + D I West Palm Beach FL 33405 BCE: I! IIRER_F COVERAGES CERTIFICATE NUMBER:4og335,u REVISION NUMBER: I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - ILTR TYPE OF INSURANCE --f2 voLICY Nu POLICY EFF POLICY EW Laws COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAWS-MADE OCCUR I PREMISES lEa i Jrrer�4el S ! MED EXP(Anyone parer) S PERSONAL S ADV INJURY $ .._ GEN.AGGREGATE LIMIT APPLIES PER: I 1 GENERAL AGGREGATE S POLICY t-D JECT ❑LOC j PRODUCTS-co.... AaG S OT14 s wurorosM.ELIABWTY ANY AUTO j ; RY(Par paledn) S OWNED SCHEDULED j I I BODILY INJl1RY(per aawann S I AUTOS ONLY AUTOS HIRED a NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY I C aE $ iMIBRELLA LMIB OCCUR I EACH OCCURRi i EXCESS LIAR CLARASfiMDE AGGREGATE�,A WORNERR COMPEaeAT10NWC003 )0005 018 3/16/2018 3/1612019 1 PARAND EMPLOYERS'LIABILITY ._ ANYPROPR�TORIPAWNEROMCUTIVE YIN I E.L.EACH ACCIDENT S 1.000.000 OFFICER/MEMBEROCCLUDED7 NIA I (Mandatory In NH) E L DISEASE-EA EMPLOYEd S M yw,dasalbs under DE ROMON OF OPERATIONS balOer E.L.DISEASE.POLICY LiMR S 1,000,000 DESCRI"M OF OPERAT*W l LOCAMONS I VENT:LEB(ACORD 101,Additional Rarnerb schedule,nny be atlaebw M ogre pace Is Rqukem Additional Named Insureds:dba Action Labor of Florida,dba Action Labor of the Carolinas,dba Action Labor Management and dba Miliffn Connection Workers'Compensation coverage applies only to those temporary employees assigned by WO Partners,,LLC extend any other rights or endorsements,unless explicitly requested. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRISED POLICIES BE CANCELLED BEFORE Cit(yy of Dania Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1&W.Dania Beach Blvd ACCORDANCE WITH THE POLICY PROVISIONS. Dania Beach FL 33004 AUTHORIZED REPRESENTATIVE Glen J Distefano 0 1988 2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 40933534 1 oo Patinas 9220MM CONN STP 00065 MASTER I Stefanie Parker 1 3/22/2018 9:05:47 AN WDT) I Page 1 of 1 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND WATERFIELD FLORIDA STAFFING, LLC, DB/A/ ACTION LABOR OF FLORIDA, LLC, A FLORIDA LIMITED LIABIITY COMPANY (F/K/A STAFFING CONNECTIONS OF FORT LAUDERDALE),FOR SCHOOL CROSSING GUARD SERVICES UNDER THE CITY OF TAMARAC REQUEST FOR PROPOSAL ("RFP") NO. 19- 23R) This is an Agreement (the "Agreement") between the City of Dania Beach, Florida, a Florida municipal corporation("City") and Waterfield Florida Staffing, LLC, d/b/a Action Labor of Florida, LLC, (PUa Staffing Solutions of Fort Lauderdale) a Florida limited liability company ("Contractor"), with a mailing address of 624 Nottingham Boulevard, West Palm Beach. Florida 33405. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon,the parties agree to the following: 1. The agreement existing between the Contractor and the City of Tamarac and any amendment(s) to it, under an award by the City of Tamarac related to RFP No. 19-23R a copy of which is attached as Exhibit "A", and made a part of and are incorporated into this Agreement by this reference), shall be considered as part of this Agreement between the City and the Contractor; provided, however, that if Contractor contracts with any other governmental agency in the South Florida area and service rates are lower than those afforded to the City of Tamarac, or any city in the area for these same services,then Contractor shall provide such lower service rates to the City. 2. The rate is Eleven Dollars and Fifty Two Cents ($11.52) and the term of this Agreement shall be through and including August 31, 2021. 3. That in all other respects, the terms of the City of Tamarac agreement apply to this Agreement. SIGNATURES ON FOLLOWING PAGES 1 IN WITNESS of the foregoing, the parties have executed this Agreement on , 2019. CITY: CITY OF DANIA BEACH,FLORIDA, ATTEST: a Florida municipal corporation THOMAS SCHNEIDER, CMC LORI LEWELLEN CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: ANA M. GARCIA, ICMA-CM CITY MANAGER THOMAS J. ANSBRO CITY ATTORNEY 2 WITNESSES: CONTRACTOR: Waterfield Florida Staffing, LLC, d/b/a Action Labor of Florida, LLC (f/k/a Staffing Solutions of Fort Lauderdale), a Florida limited liability company a Signature Signature PRINT Name PRINT Name Signature Title Dated: , 2019 PRINT Name STATE OF FLORIDA COUNTY OF BEFORE me on , 2019, personally appeared , as of Waterfield Florida Staffing, LLC, d/b/a Action Labor of Florida, LLC (f/k/a Staffing Solutions of Fort Lauderdale), a Florida limited liability company, who acknowledged execution of the foregoing Renewal of the Agreement for the use and purposes mentioned in it, and that the instrument is the sole act and deed of the Contractor. Such person is personally known to me or has produced , as identification. NOTARY PUBLIC State of Florida PRINT Name of Notary My Commission Expires: 3 EXTENSION OF SECOND RENEWAL BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND WATERFIELD FLORIDA STAFFING, LLC, D/B/A/ ACTION LABOR OF FLORIDA, LLC, A FLORIDA LIMITED LIABIITY COMPANY(F/K/A STAFFING CONNECTIONS OF FORT LAUDERDALE). This is an Extension (the "Extension") of the Second Renewal (the "Renewal"), which Renewal is dated November 13, 2018, of an Agreement dated August 26, 2014 (the "Agreement") existing between the City of Dania Beach, Florida, a Florida municipal corporation (the "City") and Waterfield Florida Staffing, LLC, d/b/a Action Labor of Florida, LLC, (f/k/a Staffing Solutions of Fort Lauderdale) a Florida limited liability company ("Contractor"), with a mailing address of 624 Nottingham Boulevard, West Palm Beach. Florida 33405, for school crossing guard services. A copy of the existing Agreement, the First Renewal and the Second Renewal are attached as composite Exhibit "A", which is made a part of and incorporated into this Extension by this reference. The City and Contractor wish to extend the Second Renewal for one (1)week up to and including September 1, 2019. In consideration of the mutual covenants, terms and conditions contained in the Agreement and in this Extension of it, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. That the Second Renewal is extended and it shall remain in effect up to and including September 1, 2019. 2. That the terms and conditions of the Agreement dated August 26, 2014, will remain the same throughout the term of this Extension. 3. That in all other respects, the Agreement is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Extension on 2019. CITY: ATTEST: CITY OF DANIA BEACH,FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC LORI LEWELLEN CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: THOMAS J.ANSBRO ANA M, GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER WITNESSES: CONTRACTOR: Waterfield Florida Staffing, LLC, d/b/a Action Labor of Florida,LLC. (f/k/a Staffing Solutions of Fort Lauderdale) a Florida limited liability company Signature Signature PRINT Name PRINT Name TITLE Signature PRINT Name STATE OF FLORIDA COUNTY OF BEFORE me on , 2019, personally appeared , as of Waterfield Florida Staffing, LLC, d/b/a Action Labor of Florida, LLC (f/k/a Staffing Solutions of Fort Lauderdale), a Florida limited liability company, who acknowledged execution of the foregoing Renewal of the Agreement for the use and purposes mentioned in it, and that the instrument is the sole act and deed of the Contractor. Such person is personally known to me or has produced , as identification. NOTARY PUBLIC State of Florida PRINT Name of Notary My Commission Expires: 2