The URL can be used to link to this page

Home My WebLink AboutR-2022-133 Temporary Employment Services with Six Staffing Firms (RFP 22-021) and to Exceed $25K RESOLUTION NO. 2022-133 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF FUNDS FROM VARIOUS CITY DEPARTMENTS FOR TEMPORARY EMPLOYMENT SERVICES TO BE OBTAINED FROM A POOL OF VENDORS IN ACCORDANCE WITH REQUEST FOR PROPOSALS ("RFP") NO. 22-021, WHICH MAY EXCEED AN ANNUAL VENDOR TOTAL AMOUNT OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00); AUTHORIZING THAT ALL PURCHASES ARE TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS' APPROVED DEPARTMENTAL BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has certain planned temporary employment services budgeted in Fiscal Year 2021-2022 and Fiscal Year 2022-2023; and WHEREAS, the City Manager has determined that certain unplanned and unforeseen instances may arise throughout the fiscal year which warrant the use by City Departments of various temporary personnel services; and WHEREAS, on June 21, 2022, the City received and opened six (6) responses to Request for Proposals ("RFP")No. 22-021; and WHEREAS, on July 8, 2022, the Evaluation Committee, consisting of the Director of the Community Development Department, the Office Manager from the Public Services Department, and the Chief Human Resources Officer, reviewed the six (6) submittals; and WHEREAS, it has been determined that not every employment agency provides all positions which may be required by the City, therefore, it is necessary to obtain services from multiple employment agencies to be made available for use; and • Temporary Employment Services: o 4BBCORP o 22ND CENTURY TECHNOLOGIES,INC. o COCHHBHA ENTERPRISES,INC. o POWER RESOURCES&FINANCIAL SERVICES,INC. o PRECISION STAFFING,INC. o TECH ARMY,LLC; and WHEREAS, the initial term of the agreements will be for two years with the option to renew for two (2) additional two-year terms. 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), sets the monetary threshold or limitation at $25,000.00 for a vendor each fiscal year; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are approved, made a part of and incorporated into this Resolution by this reference. Section 2. That the City approves the procurement of temporary employment services from the various employment agencies approved under the Request for Proposals, #22-021. in an amount that may exceed the annual vendor$25,000.00 purchase threshold from a single vendor. Section 3. That all Department purchases from any temporary employment vendor shall be within the respective Departments' approved level of its annual budget appropriation. Section 4. That the proper City officials are authorized to execute agreements with the various temporary employment services vendors to provide temporary employment services to individual City Departments as the needs arise, which agreements are attached as composite Exhibit"A" and made a part of this Resolution by this reference. Section 5. That the City Manager and City Attorney are authorized to make minor revisions to the related documents which are deemed necessary and proper and in the best interest of the City. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on August 23, 2022. ATTEST: -OA 84 , (/'•44 °S.\ • THOMAS SCHNEIDER, CMC 1` , TAMARA JAM CITY CLERK `04,4e ti / MAYOR =4ISHEO APPROVED AS TO FORM AND CO' ' S: A. BOUTSIS Y ATTORNEY 2 RESOLUTION#2022-133 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND 4 BEST BUSINESS CORP. (D/B/A 4BBCORP) FOR TEMPORARY STAFFING NEEDS AS DESCRIBED IN THE CITY'S REQUEST FOR PROPOSALS ("RFP") NO. 22-021, ENTITLED "TEMPORARY EMPLOYMENT SERVICES". This is an Agreement ("Agreement") dated , 2022, between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and 4 Best Business Corp. (d/b/a 4BBCORP) (the "Contractor"), a Florida corporation with an address of 3600 Red Road, Suite 306,Miramar, Florida 33025. 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. This Agreement between the Contractor and the City under the City of Dania Beach Request for Proposals ("RFP") No. 22-021 is effective beginning September 2, 2022 through and including September 1, 2024. A copy of RFP No. 22-021 is attached as Exhibit "A" and made a part of and incorporated into this Agreement by this reference) and shall be considered as part of this Agreement. 2. By mutual consent of both parties, this Agreement may be extended for two (2) additional two-year terms. 3. The Contractor has submitted their Scope of Services and Fee Schedule in response to RFP No. 22-021 which is attached as Exhibit "B" and is incorporated into this Agreement by this reference. 4. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition,the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 3 RESOLUTION#2022-133 d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 5. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City's option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 6. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 7. Verification of Employment Eligibility. Contractor represents that Contractor and each subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. That in all respects, the terms of Exhibit"A" and Exhibit"B" apply to this Agreement. SIGNATURES ON THE FOLLOWING PAGES 4 RESOLUTION#2022-133 t forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 3 RESOLUTION#2022-133 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF DANIA BEACH,FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 5 RESOLUTION#2022-133 CONTRACTOR: WITNESSES: 4 Best Business Corp. a Florida Corporation (d/b/a 4BBCORP) SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me on 2022, by as of 4 Best Business Corp., a Florida corporation d/b/a 4BBCORP, on behalf of the corporation. He/she is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC My Commission Expires: State of Florida 6 RESOLUTION#2022-133 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND 22nd CENTURY TECHNOLOGIES, INC. FOR TEMPORARY STAFFING NEEDS AS DESCRIBED IN THE CITY'S REQUEST FOR PROPOSALS ("RFP") NO. 22-021, ENTITLED "TEMPORARY EMPLOYMENT SERVICES". This is an Agreement ("Agreement") dated , 2022, between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and 22ND Century Technologies, Inc. (the "Contractor"), a foreign corporation registered to conduct business in Florida with an address of 8251 Greensboro Drive, Suite 900, McLean, Virginia 22103. 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: 8. This Agreement between the Contractor and the City under the City of Dania Beach Request for Proposals ("RFP") No. 22-021 is effective beginning September 2, 2022 through and including September 1, 2024. A copy of RFP No. 22-021 is attached as Exhibit "A" and made a part of and incorporated into this Agreement by this reference) and shall be considered as part of this Agreement. 9. By mutual consent of both parties, this Agreement may be extended for two (2) additional two-year terms. 10. The Contractor has submitted their Scope of Services and Fee Schedule in response to RFP No. 22-021 which is attached as Exhibit "B" and is incorporated into this Agreement by this reference. 11. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition,the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 7 RESOLUTION#2022-133 d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 12. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City's option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 13. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 14. Verification of Employment Eligibility. Contractor represents that Contractor and each subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. That in all respects,the terms of Exhibit"A" and Exhibit"B" apply to this Agreement. SIGNATURES ON THE FOLLOWING PAGES 8 RESOLUTION#2022-133 All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 7 RESOLUTION#2022-133 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 9 RESOLUTION#2022-133 ation. He/she is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC My Commission Expires: State of Florida 6 RESOLUTION#2022-133 CONTRACTOR: WITNESSES: 22nd Century Technologies,Inc. a Foreign Corporation registered to conduct business in Florida SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me on 2022, by as of 22nd Century Technologies, Inc., a Foreign corporation registered to conduct business in Florida, on behalf of the corporation. He/she is personally known to me or produced as identification and did (did not)take an oath. NOTARY PUBLIC My Commission Expires: State of 10 RESOLUTION#2022-133 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND COCHHBHA ENTERPRISES, INC. (DB/A CEI STAFFING) FOR TEMPORARY STAFFING NEEDS AS DESCRIBED IN THE CITY'S REQUEST FOR PROPOSALS ("RFP") NO. 22-021, ENTITLED "TEMPORARY EMPLOYMENT SERVICES". This is an Agreement ("Agreement") dated , 2022, between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and COCHHBHA Enterprises, Inc. (d/b/a CEI Staffing) (the "Contractor"), a Florida corporation with an address of 10258 NW 47th Street, Sunrise, Florida 33351. 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: 15. This Agreement between the Contractor and the City under the City of Dania Beach Request for Proposals ("RFP") No. 22-021 is effective beginning September 2, 2022 through and including September 1, 2024. A copy of RFP No. 22-021 is attached as Exhibit "A" and made a part of and incorporated into this Agreement by this reference) and shall be considered as part of this Agreement. 16. By mutual consent of both parties, this Agreement may be extended for two (2) additional two-year terms. 17. The Contractor has submitted their Scope of Services and Fee Schedule in response to RFP No. 22-021 which is attached as Exhibit "B" and is incorporated into this Agreement by this reference. 18. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 11 RESOLUTION#2022-133 RESOLUTION#2022-133 d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 19. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City's option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 20. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 21. Verification of Employment Eligibility. Contractor represents that Contractor and each subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. That in all respects, the terms of Exhibit"A" and Exhibit"B" apply to this Agreement. SIGNATURES ON THE FOLLOWING PAGES 12 RESOLUTION#2022-133 f the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 11 RESOLUTION#2022-133 RESOLUTION#2022-133 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF DANIA BEACH,FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 13 RESOLUTION#2022-133 Foreign corporation registered to conduct business in Florida, on behalf of the corporation. He/she is personally known to me or produced as identification and did (did not)take an oath. NOTARY PUBLIC My Commission Expires: State of 10 RESOLUTION#2022-133 CONTRACTOR: WITNESSES: COCHHBHA Enterprises, Inc. a Florida Corporation (d/b/a CEI Staffing) SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2022, by as of COCHHBHA Enterprises, Inc., a Florida corporation d/b/a CEI Staffing, on behalf of the corporation. He/she is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC My Commission Expires: State of Florida 14 RESOLUTION#2022-133 10 RESOLUTION#2022-133 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND POWER RESOURCES AND FINANCIAL SERVICES, INC. FOR TEMPORARY STAFFING NEEDS AS DESCRIBED IN THE CITY'S REQUEST FOR PROPOSALS ("RFP") NO. 22-021, ENTITLED, "TEMPORARY EMPLOYMENT SERVICES". This is an Agreement ("Agreement") dated , 2022, between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Power Resources and Financial Services, Inc. (the "Contractor"), a Florida corporation with an address of 7972 Pines Boulevard, #245606, Pembroke Pines, Florida 33024. 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: 22. This Agreement between the Contractor and the City under the City of Dania Beach Request for Proposals ("RFP") No. 22-021 is effective beginning September 2, 2022 through and including September 1, 2024. A copy of RFP No. 22-021 is attached as Exhibit "A" and made a part of and incorporated into this Agreement by this reference) and shall be considered as part of this Agreement. 23. By mutual consent of both parties, this Agreement may be extended for two (2) additional two-year terms. 24. The Contractor has submitted their Scope of Services and Fee Schedule in response to RFP No. 22-021 which is attached as Exhibit "B" and is incorporated into this Agreement by this reference. 25. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition,the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 15 RESOLUTION#2022-133 2-133 d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 26. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City's option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 27. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 28. Verification of Employment Eligibility. Contractor represents that Contractor and each subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. That in all respects,the terms of Exhibit"A" and Exhibit"B" apply to this Agreement. SIGNATURES ON THE FOLLOWING PAGES 16 RESOLUTION#2022-133 l obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 15 RESOLUTION#2022-133 2-133 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 17 RESOLUTION#2022-133 Staffing, on behalf of the corporation. He/she is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC My Commission Expires: State of Florida 14 RESOLUTION#2022-133 10 RESOLUTION#2022-133 CONTRACTOR: WITNESSES: Power Resources and Financial Services, Inc. a Florida Corporation SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2022, by as of Power Resources and Financial Services, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC My Commission Expires: State of Florida 1 8 RESOLUTION#2022-133 RESOLUTION#2022-133 10 RESOLUTION#2022-133 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND PRECISION STAFFING, INC. (DB/A AP RECRUITERS & ASSOCIATES) FOR TEMPORARY STAFFING NEEDS AS DESCRIBED IN THE CITY'S REQUEST FOR PROPOSALS ("RFP") NO. 22-021, ENTITLED "TEMPORARY EMPLOYMENT SERVICES". This is an Agreement ("Agreement") dated , 2022, between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Precision Staffing, Inc. (d/b/a AP Recruiters & Associates) (the "Contractor"), a Florida corporation with an address of 500 S. Australian Avenue, Suite 500, West Palm Beach, Florida 33401. 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: 29. This Agreement between the Contractor and the City under the City of Dania Beach Request for Proposals ("RFP") No. 22-021 is effective beginning September 2, 2022 through and including September 1, 2024. A copy of RFP No. 22-021 is attached as Exhibit "A" and made a part of and incorporated into this Agreement by this reference) and shall be considered as part of this Agreement. 30. By mutual consent of both parties, this Agreement may be extended for two (2) additional two-year terms. 31. The Contractor has submitted their Scope of Services and Fee Schedule in response to RFP No. 22-021 which is attached as Exhibit "B" and is incorporated into this Agreement by this reference. 32. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition,the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 19 RESOLUTION#2022-133 d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 33. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City's option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 34. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 35. Verification of Employment Eligibility. Contractor represents that Contractor and each subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. That in all respects,the terms of Exhibit"A" and Exhibit"B"apply to this Agreement. SIGNATURES ON THE FOLLOWING PAGES 20 RESOLUTION#2022-133 representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 19 RESOLUTION#2022-133 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF DANIA BEACH,FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 21 RESOLUTION#2022-133 orporation. He/she is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC My Commission Expires: State of Florida 1 8 RESOLUTION#2022-133 RESOLUTION#2022-133 10 RESOLUTION#2022-133 CONTRACTOR: WITNESSES: Precision Staffing,Inc. a Florida Corporation (d/b/a AP Recruiters & Associates) SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF PALM BEACH COUNTY The foregoing instrument was acknowledged before me on 2022, by as of Precision Staffing, Inc., a Florida corporation d/b/a AP Recruiters & Associates, on behalf of the corporation. He/she is personally known to me or produced as identification and did (did not)take an oath. NOTARY PUBLIC My Commission Expires: State of Florida 22 RESOLUTION#2022-133 133 AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND TECH ARMY LLC, FOR TEMPORARY STAFFING NEEDS AS DESCRIBED IN THE CITY'S REQUEST FOR PROPOSALS ("RFP") NO. 22-021, ENTITLED "TEMPORARY EMPLOYMENT SERVICES". This is an Agreement ("Agreement") dated , 2022, between the City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Tech Army LLC (the "Contractor"), a Florida limited liability company with an address of 7777 Davie Road Extension, Suite 303B, Hollywood, Florida 33024. 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: 36. This Agreement between the Contractor and the City under the City of Dania Beach Request for Proposals ("RFP") No. 22-021 is effective beginning September 2, 2022 through and including September 1, 2024. A copy of RFP No. 22-021 is attached as Exhibit "A" and made a part of and incorporated into this Agreement by this reference) and shall be considered as part of this Agreement. 37. By mutual consent of both parties, this Agreement may be extended for two (2) additional two-year terms. 38. The Contractor has submitted their Scope of Services and Fee Schedule in response to RFP No. 22-021 which is attached as Exhibit "B" and is incorporated into this Agreement by this reference. 39. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the City, unless the claim is based upon a breach by the City of this Agreement. Further, the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition,the City retains the full extent of its sovereign immunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 23 RESOLUTION#2022-133 orneys, administrators, Contractors, agents, or any Contractor employee; 19 RESOLUTION#2022-133 d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 40. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justify all charges and costs incurred in performing the services for at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Broward County, Florida; provided that if any such material is located outside Broward County, then, at the City's option the City shall pay Contractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 41. Scrutinized Companies. Contractor shall certify that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 42. Verification of Employment Eligibility. Contractor represents that Contractor and each subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. That in all respects, the terms of Exhibit"A" and Exhibit"B" apply to this Agreement. SIGNATURES ON THE FOLLOWING PAGES 24 RESOLUTION#2022-133 Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attorneys, administrators, Contractors, agents, or any Contractor employee; 23 RESOLUTION#2022-133 orneys, administrators, Contractors, agents, or any Contractor employee; 19 RESOLUTION#2022-133 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF DANIA BEACH,FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 25 RESOLUTION#2022-133 corporation d/b/a AP Recruiters & Associates, on behalf of the corporation. He/she is personally known to me or produced as identification and did (did not)take an oath. NOTARY PUBLIC My Commission Expires: State of Florida 22 RESOLUTION#2022-133 133 CONTRACTOR: WITNESSES: Tech Army,LLC, a Florida Limited Liability Company SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2022, by as of Tech Army, LLC, a Florida limited liability company, on behalf of the company. He/she is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC My Commission Expires: State of Florida 26 RESOLUTION#2022-133 sion Expires: State of Florida 22 RESOLUTION#2022-133 133