Loading...
HomeMy WebLinkAboutReso 2013-2102 RESOLUTION NO. 2013 - 2102- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO AGREEMENT WITH ACTION LABOR MANAGEMENT D/B/A STAFFING CONNECTION,FOR SCHOOL CROSSING GUARD SERVICES,IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWELVE THOUSAND NINE HUNDRED FOURTEEN DOLLARS (5112,914.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach was in need of school crossing guard services, and issued Bid No. 11-05-03, for school crossing guard services; and WHEREAS,on June 15,2011 via Resolution No. 2011-1724 the City Commission awarded Bid No. 11-05-03 to and entered into an agreement with Action Labor Management d/b/a Staffing Connection in an amount not to exceed One Hundred Twelve Thousand Nine Hundred Fourteen Dollars ($112,914.00), with an option of four (4) one-year renewals; and WHEREAS,on May 10,2012 via Resolution No.2012-1906 the City Commission approved the First Amendment to Agreement with Action Labor Management d/b/a Staffing Connection for school crossing guard services in an amount not to exceed One Hundred Twelve Thousand Nine Hundred Fourteen Dollars ($112,914.00); and WHEREAS,the City being satisfied with the school crossing guard services by Action Labor Management wishes to continue their services, and Action Labor Management d/b/a Staffing Connection has expressed its ability and desire to provide these services; and WHEREAS,the City Commission wishes to approve the Second Amendment to Agreement with Action Labor Management d/b/a Staffing Connection for school crossing guard services in an amount not to exceed One Hundred Twelve Thousand Nine Hundred Fourteen Dollars ($112,914.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Second Amendment to Agreement. The City Commission hereby approves the Second Amendment to Agreement with Action Labor Management d/b/a Staffing Connection for school crossing guard services, in an amount not to exceed One Hundred Twelve Thousand Nine Hundred Fourteen Dollars ($112,914.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. R2013-Action Labor Mgmt 2nd Amd re School Crossing Guard Srvs Page 1 of 2 Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of September 2013. I� ` , t N%rman S. Edelcup, ' ayor . ATTEST: • Jane A. Flines;'MMC, City Clerk APPROV- 0 AS TO FORM AND L fr 4 UFFICIENCY: /1 lair H. s pttinoi, City Attorney Moved by: Y i•c-4 mQa,2 r l a#3 Seconded by: �ITTO Vote: 6-O Mayor Edelcup ✓(Yes) (No) Vice Mayor Aelion ✓ (Yes) (No) Commissioner Gatto l/(Yes) (No) Commissioner Levin t/ (Yes) (No) Commissioner Scholl ✓(Yes) (No) R2013-Action Labor Mgmt 2nd Amd re School Crossing Guard Srvs Page 2 of 2 r y �iT T • . ,' SECOND AMENDMENT TO THE AGREEMENT BETWEEN '��•�:, THE CITY OF SUNNY ISLES BEACH AND F, °r ,° Of,°. ACTION LABOR MANAGEMENT D/B/A STAFFING CONNECTION CONTRACT NO. C1213-065 This Second Amendment to the Agreement between the City of Sunny Isles Beach and Action Labor Management d/b/a Staffing Connection, executed this i3 day of September, 2013, is made a part of the original Agreement between the parties dated June 15, 2011 approved by the City Commission via Resolution No. 2011-1724 ("Agreement") and incorporated herein by reference, between the City of Sunny Isles Beach ("City") and Action Labor Management d/b/a Staffing Connection, ("Contractor") attached hereto as Attachment "A", whose Federal Identification # is ( ç-103%0 L . The City and Contractor hereby agree as follows: 1. ELECTION OF RENEWAL TERM: The City hereby exercises its option to renew the Agreement for one (1) year pursuant to Section 3 of the Agreement, in an amount not to exceed One Hundred Twelve Thousand Nine Hundred Fourteen Dollars ($112,914.00). 2. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms and conditions of the original Agreement between the parties, dated June 15, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. WITNESS: ACTION LABOR MANAGEMENT D/B/A STAFFING CONNECTION'? Sia . e • ,/ 9 �t�j u5� (P4 -f�c[tAc-0 BY: .tea t. Print tame —Siggi a{ure.and,Title CITY OF SUNNY ISLES BEACH BY: / 1 ,14., A/ N f.rman S. Edelcup, ayor ATTEST: ti . B . Q/�Q_ . APPROVED TO FORM AND Jane A. Hines, IvIMC, City Cleric LEGAL 111 e ,,CY- 1 . . BY: .,■ .. .. ... .. . _ Jim fot, C Attorney j .1 ..1 AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH AND ACTION LABOR MANAGEMENT D/B/A STAFFING CONNECTION C tYM CONTRACT NO. C1011-056 THIS AGREEMENT("Agreement")entered into this t5 day of 2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and ACTION LABOR MANAGEMENT D/B/A STAF'F'ING CONNECTION a Florida corporation authorized to do business in the State of Florida (hereinafter referred to as"Contractor"). RECITALS WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide school crossing guards at several locations located within the City of Sunny Isles Beach ("Services"); and WHEREAS, the City issued Invitation to Bid No. 11-05-03 for School Crossing Guard Services, and Contractor submitted a response thereto, a copy of which is attached hereto and incorporated herein as Attachment"A"; and WHEREAS, Contractor was selected as the lowest responsible, responsive bidder in response to Invitation to Bid No. 11-05-03; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A" for a total amount not to exceed One Hundred Twelve Thousand Nine Hundred Fourteen Dollars ($112,914.00). NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: TERMS 1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. 2. SCOPE OF SERVICES: 2.1 Contractor agrees to furnish ten (10) individuals with the proper skills and certifications necessary to perform the functions of school crossing guards ("Crossing Guards"), and one (1) individual with the proper skills and certifications necessary to perform the functions of school crossing guard supervisor ("Crossing Guard Supervisor"), for each school day, at the following seven (7) designated Crossing Guard lo cations located within the corporate limits of the City: # Crossing Location # of Guards Needed 1 183rd Street Collins Avenue 2 2 178th Street Collins Avenue 2 3 183rd Street Atlantic Blvd 2 4 182nd Street North Bay Road 1 5 178th Street Atlantic Blvd 1 6 182nd Street Atlantic Blvd 1 7 181 Drive North Bay Road 1 (: I 1. C1021-056 CROSSING GUARDS AGREEM Faze I WI:f ATTACH CEMENT "" However, the numbers included in this Section are estimates, and may be revised pursuant to Paragraph 3.5 of Invitation to Bid No. 11-05-03. 2.2 Contractor shall conduct a criminal background investigation, at its sole cost and expense, on each Crossing Guard and Crossing Guard Supervisor hired in accordance with this Agreement. Contractor shall employ only those individuals that have successfully passed the criminal background investigation conducted by Contractor. Only those individuals who have successfully passed the criminal background investigation shall be permitted to perform Services in connection with this Agreement. Contractor shall employ only those individuals that are able to meet the physical requirements of the job description as set forth by Contractor. 2.3 Contractor shall be required to provide Crossing Guard training consistent with the following: A. Insure that all Crossing Guards have been trained and certified in accordance with the "Florida School Crossing Guard Training Guidelines" before assignment to a specific post; B. Insure that all Crossing Guards wear name badges identifying Contractor and the individual Crossing Guard in order for parents, children, and teachers to identify the Crossing Guard while at their post. C. File all necessary paperwork with the appropriate governmental agency as required by Federal, State, or local laws; D. Maintain school crossing guard training as required for all new personnel hired, scheduled on an "as needed"basis; and E. Institute Crossing Guard annual retraining courses in order to insure that all current Crossing Guards are retrained. 2.4 Contractor shall maintain a sufficient pool of Crossing Guards who have successfully completed the background and medical screenings to act as substitutes in the event of the absence of those guards regularly scheduled in accordance with this Agreement The acceptability of such substitutes is contingent upon their successfully completing all screening as contemplated in Paragraph 2.2 and 2.3 herein. 2.5 Contractor hereby represents to City, with full knowledge that City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the professional expertise, experience, facilities and manpower to perform the services to be provided by Contractor pursuant to the terms of this Agreement. 2.6 Contractor assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards, and as required pursuant to Florida Statutes. 2.7 City shall identify for Contractor all initial locations at which Contractor shall station Crossing Guards and the required hours for such services. A copy of the list of initial locations where Crossing Guards C1011-055 CROSSING GUARDS AGREEMENT Pq_1�-,2 o It` a • shall be stationed and the hours for the Crossing Guards to be stationed is included herein in Paragraph 2.1 above. City reserves the right to change the hours of service, as well as the post locations for the Crossing Guards upon providing no less than three(3)days written notice to Contractor. 2.8 Contractor agrees that in addition to 10 Crossing Guards, there will be one (1) Crossing Guard Supervisor("Crossing Guard Supervisor") appointed. The Crossing Guard Supervisor shall be certified by the State of Florida Department of Transportation.The Supervisor shall be responsible for the following: A. Overseeing the Crossing Guards while performing their job duties assigned hereunder and report the status of any and all such activity to City upon request. B. Insuring that all Crossing Guards report to their posts on time and remain at their posts for the required time; C. Providing a substitute guard in the event of an absent Crossing Guard; D. Performing the duties of a Crossing Guard if and when necessary; 2.9 Contractor shall direct, control and supervise the details of the work performed by the Crossing Guards and the Crossing Guard Supervisor, and shall travel with the Crossing Guard Supervisor on a periodic basis to insure that the Crossing Guards adhere to policies and procedure applicable to Crossing Guards. 2.10 Contractor shall send a letter of introduction and notification to the school's principal to advise the school principal of the Contractor's contact person in the event the school administration needs to contact Contractor. 2.11 Nothing contained in this Agreement shall entitle Crossing Guards or Crossing Guard Supervisor to any benefits or compensation from City. 2.12 Contractor shall comply with all technical specifications set forth in Section 3 of Invitation to Bid No. 11-05-03. 3. TERM AND OPTION TO RENEW. This Agreement shall commence upon the effective date stated in a Notice to Proceed issued by the City Manager or his designee, and shall remain in effect for one (1) year thereafter. Prior to, or upon completion of the initial one year term, the City shall have the option of renewing the term for four(4)consecutive one (1) year terms. 4. COMPENSATION. Contractor agrees to provide the desired Services for a total amount not to exceed One Hundred Twelve Thousand Nine Hundred Fourteen Dollars ($112,9 14.00). In the event the City elects to renew this Agreement for any renewal term, the City may consider an adjustment to price based on the procedure set forth in Section 2, Paragraph 2.4 of Invitation to Bid No. 11-05-03. 4.1 The City hereby agrees to pay Contractor for the faithful performance of this Agreement, the amount of 12 and 75/100 ($12.75) dollars per fixed hourly rate per Crossing Guard, and the Crossing Guard Supervisor, per Attachment A. Additionally, any increase in this amount for subsequent terms shall be pursuant to Section 2, Paragraph 2.4 of Invitation to Bid No. 11-05-03 and budgetary funding and approval. 1011-056 CROSSING GUARDS AGREEMENT Page 3 of 11 4.2 Contractor shall be solely responsible for and shall provide for the payment of workers compensation insurance coverage and premiums, any and all other insurance pursuant to Section 6 below, withholding taxes, FICA, pension and profit sharing contributions, retirement contributions, if any, all remunerations; all labor contract compliance, and all other charges, fees, permits, and the like associated with the employment of such personnel as Contractor shall provide. The City shall bear no responsibility for any such charges, fees,permits,and the like associated with the employment of such personnel. 43 Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. APPROPRIATION OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the Services during any term of this Agreement, this Agreement shall be terminated upon thirty (30) days written notice and the Contractor shall be compensated only for services satisfactorily performed prior to the date of termination. clot 1-056 CROSSING GUARDS AGREEMENT ?age 4 of H l _ L 6. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: o Premises and Operation o Independent Vendors o Products and/or Completed Operations Hazard o Broad Form Property Damages o Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. o Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: o Owned Vehicles; o Hired and Non-Owned Vehicles; o Employers' Non-Ownership. Before starting the Services, the Contractor shall be required to file and make sure that all certificates of insurance required by this document and by this Agreement are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City by certified mail. The City shall be named as an additional insured on the above-referenced policies. The Contractor agrees that if any part of the Services under this Agreement is sublet, they will require the Sub-contractor(s) to carry insurance as required, and that they will require the Sub- contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Agreement. All deductibles must be declared by the Contractor and must be approved by the City Manager or his designee. At the sole option of the City Manager or his designee, either the Contractor c1011-055 CROSSING GUARDS AGREEMENT Page 5 of l 1 � Y �j shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City Manager or his designee, covering the same. 7. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 9. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails,refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. i. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor (s)) shall be delivered to Cl�l 1-056 CROSSING GUARDS AGREEMENT Page 6 of 1 1 the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. ii. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. D. Termination by Contractor. In the event the Contractor abandons this Agreement or causes it to be terminated, then Contractor shall indemnify the City against any loss pertaining to this termination up to a maximum of the full contracted fee amount. 10. FORCE MAJEURE. City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their reasonable control including, fire, flood, explosion, hurricane, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: (a) the non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration and continues to furnish timely reports thereto during the period of the Force Majeure; (b) the excise of performance is of no greater scope and of no longer duration than is required by Force Majeure; (c) no obligations of either party that arose before the Force Majeure causing the excuse of performance are expected as a result of the Force Majeure; and (d) the non-performance party uses its best efforts to remedy its inability to perform. 11. !t ACKGROUND CHECKS. The Contractor and all personnel employed by them shall be required, at their sole cost and expense, to pass a criminal background check prior to commencement of Services under this Agreement, and every renewal term thereof. The criminal background check shall consist of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to perform Services under this Agreement. The Contractor g q permitted perform t� shall be required to provide documentation providing compliance with the requirements of this section. c101 1-0.36 CROSSING GUARDS AGREEMENT Page 7 of I i c . a ' background checks be conducted b The City reserves the right to require that the Contractor's criminal b gr by Y g q the City's Police Department, at the Contractor's sole cost and expense. 12. RECORDS: Contractor shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this Agreement, and any expenses for which Contractor expects to be reimbursed. Such books and records shall be made available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all Services performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by City of any fees or expenses based upon such entries. 13. COMPLIANCE WITH PUBLIC RECORDS: Pursuant to Chapter 119, Florida Statutes, Florida's Public Records laws, Contractor shall maintain and make available for inspection any and all business records generated pursuant to this Agreement as required by law. 14. COMPLIANCE WITH LAWS: Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. Specifically, Contractors shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section 62- 16 entitled"Ethics in Public Contracting." As provided in Section 62-16, Code of the City of Sunny Isles, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 15. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 16. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida. 17. CONFIDENTIAL INFORMATION: The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. CIOI 1-056 CROSSING GUARDS AGREEMENT Page 8 of 1 IN / •- fU 18. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Alan J. Cohn Hans Ottinot, Esq. City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Ave. 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Ph: (305) 792-1701 Ph: (305) 792-1702 If to the Contractor: Karen Hoover,President Action Labor Management d/b/a Staffing Connection 6555 N. Powerline Rd. #306 Ft. Lauderdale, FL 33309 Ph: (954) 776-3444 19. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 20. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C1011-O5o CROSSING GUARDS AGREEMENT Page 9 of 11 - F 3 C. This Agreement, together with Invitation to Bid No. 11-05-03 for School Crossing Guard Services, and Contractor's response thereto, shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. B. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. F. In the event of a conflict between the terms and conditions of this Agreement and any other document, the terms and conditions of this Agreement shall prevail. G. Under no circumstances shall the Contractor be entitled to incidental, punitive, indirect or consequential damages, including but not limited to lost revenue or lost profits, as a result of termination of its Services under this Agreement. [remainder of page intentionally left blank] C10;1-o5,6 CROSSING GUARDS AGREEMENT Page 10 of 15": IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESSES: ACTION LABOR ►,..•.:, '. 1 I3/B/A STAFFIN -. • •, 'T ION I VW Print Name: .5 Fia t, • BY: Print ame: /1-/-2/Ti.,4 Co (n£ 2.. . CITY OF SUNNY ISLES BEACH,a municipal co.., *o 1 of the State of Ho '•a ATT'ES'T By: " 'X (:::: zailixiLA jilAolt.,„ Norman S. Edelcup, Mayor Jane Hines,CMC,City Clerk • APPRO i : ,1l; 0 RM AND LEGAL SUFFIr ,l . B y: ifi1;, .O r olg ity Attorney 01011-056 CROSSING GUARDS AGREEMENT Pa ..11 of I; y,) SJY=rs`FS City of Sunny Isles Beach 18070 Collins Avenue " :11.-1. _u'r== • Sunny Isles Beach, Florida 33160 • • SP:9) FL0¢OP Sot (305)947-0606 City Hall `'rY of 5u,4 '` (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Fred A. Maas, Chief of Police Michael A. Grandinetti, Police Captain I - ,t. DATE: 9/19/2013 RE: Authorization to renew an agreement and expend up to $112,914.00 annually with Action Labor Management d/b/a Staffing Connection, for School Crossing Guard Services. RECOMMENDATION: Authorization to renew an agreement and expend up to $112,914.00 annually with Action Labor Management d/b/a Staffing Connection, for School Crossing Guard Services. REASONS: The City of Sunny Isles Beach currently utilizes the services of Action Labor Management d/b/a Staffing Connection for School Crossing Guard Services and would like to renew the agreement for an additional one (1) year term as authorized in our current agreement. ADDITIONAL INFORMATION: The City of Sunny Isles Beach has been satisfied with the services of Action Labor Management and if renewed, will continue to provide an estimated ten (10) school crossing guards & one (1) supervisor at locations designated by the police department. FUNDING SOURCE: Agenda Item No 10E Date 9/19/2013 115 Funding is budgeted in account# 10.521-5317 ATTACHMENTS: • Resolution • Agreement Agenda Item No.IOE Date 9/19/2013 116