HomeMy WebLinkAboutReso 2019-2970 RESOLUTION NO. 2019 - Z1 1 O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND
AMENDMENT TO THE AGREEMENT WITH ACTION LABOR
MANAGEMENT D/B/A STAFFING CONNECTION FOR THE
SCHOOL CROSSING GUARD SERVICES, IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED SIXTEEN THOUSAND NINE
HUNDRED THIRTY-SIX DOLLARS ($116,936.00), ATTACHED
HERETO AS EXHIBIT"A";AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID SECOND AMENDMENT TO THE
AGREEMENT AND TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on September 15th,2016 via Resolution No. 2016-2586 awarded Bid No. 16-
04-05 to and entered into an Agreement with Action Labor Management d/b/a Staffing Connection
to provide school crossing guard services in an amount not to exceed$229,924.00 for a two(2)year
period; and
WHEREAS,pursuant to Section 3 of the agreement the City has the option to renew the term
for an additional three (3) one (1) year renewal periods; and
WHEREAS,on September 20th,2018,via Resolution No.2018-2864 the City Commission
approved a First Amendment to the Agreement with Action Labor Management d/b/a Staffing
Connection, thereby exercising its first of three (3) renewal options, in an amount not to exceed
$114,962.00; and
WHEREAS,Action Labor Management d/b/a Staffing Connection has expressed its ability
and desire to continue providing these services; and
WHEREAS,the City wishes to exercise its second option to renew of which one(1)remains
and approve a Second Amendment to the Agreement with Action Labor Management d/b/a Staffing
Connection for school crossing guard services for an additional 1 year term, in an amount not to
exceed One Hundred Sixteen Thousand Nine Hundred Thirty-Six Dollars($116,936.00),bringing
the total Agreement amount not to exceed Four Hundred Sixty-One Thousand Eight Hundred
Twenty-Two Dollars ($461,822.00), 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. The City Commission hereby approves the Second
Amendment to the Agreement with Action Labor Management d/b/a Staffing Connection for school
crossing guard services for an additional 1 year term, in an amount not to exceed One Hundred
Sixteen Thousand Nine Hundred Thirty-Six Dollars($116,936.00), bringing the total Agreement
amount not to exceed Four Hundred Sixty-One Thousand Eight Hundred Twenty-Two Dollars
R2019 Action Labor School Crossing Guard Srvs Second Amend Page 1 of 2
($461,822.00), attached hereto as Exhibit"A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute the
Second Amendment to the Agreement and to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19111 day oSepte -ber 2019.
George H. .choll, Mayor
ATT
Mauricio Bet. cur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
-,A,t)///ad /I
Edward A. Dion, City Attorney
Moved by: CbvVtmkc.c1on1c2 UOIAhllA-Ai
Seconded by: COVIAOMS-Ci DAV._ t i4YUt-A-
Vote:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin —T(Yes) (No)
Commissioner Goldman V (Yes) (No)
Commissioner Lama -(Yes) (No)
Commissioner Viscarra (Yes) (No)
R2019 Action Labor School Crossing Guard Srvs Second Amend Page 2 of 2
i
SECOND AMENDMENT TO THE AGREEMENT BETWEEN
• sem; THE CITY OF SUNNY ISLES BEACH AND
•
"' ACTION LABOR MANAGEMENT.LLC D/B/A
STAFFING CONNECTION CONTRACT NO. 2019-4775
This Second Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and ACTION LABQit MANAGEMENT. LLC DIB/A STAFFING CONNECTION,
("Contractor")executed this 74 t day of "l : 1'2 - ,2019,is made a part of the original
Agreement between the parties dated September 15, 2016, Contract No. 4775-1516-118, and First
• • Amendment dated October 2. 2018 Contract No. 4775-122 ("the Agreement"),between the City and
Contractor attached hereto as Attachment"A"whose Federal Identification# is 65-1038617.The City
and Contractor hereby agree as follows:
I. SECOND OP IONTO RENEW, The City hereby elects to exercise its second option to renew
the Agreement for one(I)year as set forth in Section 3 of the Original Agreement.a Copy of which is
attached hereto and incorporated herein as Attachment"A".
•
2. EFFECTLVE DATE OF RENEWAL TERM, The Effective Date of this Second Amendment
• shall commence October 1, 2019 and shall terminate no later than September 30, 2020,This Second
Amendment shall become effective upon being signed by both Parties.
The City has a right to exercise one(1)additional one(1)year renewals as per the original Agreement.
This Second Amendment shall become effective upon being signed by both Parties.
3. ADDITIONAL. COMPENSATION. Effective October 1, 2019, the Parties wish to amend
Section 5 of the original Agreement ("Compensation") to include additional compensation for
continuing Services during Fiscal Year 2019-2020 in an amount not to exceed One Hundred Sixteen
. Thousand Nine Hundred Thirty-Six Dollars($116,936.00) bringing the total contract amount not to
_ exceed Three Hundred Forty Four Thousand Eight Hundred Eighty Six Dollars($461,822.00).
The City agrees to pay Contractor for the Fiscal Year2019-2020 the amount of Twelve Dollars and
Forty-Four Cents ($12.41) hourly rate per Crossing Guard, and the Crossing Guard Supervisor, per
Attachment"B".
•
4. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,all
terms and conditions of the original Agreement between the parties dated September 15. 2016. shall
remain in full force and effect.
•
5. CONFLICTING PROVISIONS. The terms,, statements, requirements, and provisions
contained in this First Amendment shall prevail and be given superior effect.and.priority over any
conflicting or inconsistent term,statement.requirement or provision contained in any other document or
attachment,including but not.limited'to Attachments"A"and"B". .
(Remainder of Page Intentionally Blank)
20.1')-4775 Action Labor Management,LIC.D/RIA STAFFING CONNECTION
1
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date I
mentioned above.
WITN ACTION LABOR MANAGEMENT,LLC.
D/B/A STAFFING CONNECTION
r W
CC------
Signature yf
Print N e mu�- C;C. C. (CO
. ATTEST:,^ CITY OF SUNNY ISLES BEACH
t, t
- :',". - *--40,Liiiiip= ,,, ,
_a `IBY: i Leim it BY- _."....6.- e
Ma rici 4) :ncur.CMC,City`Cier&; Christop er J.R 4,City Manager
t§ C":13 V
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
. a o A,01,
:_, _
BY:/I� - BY. Eiti),141.-Q�
- ,. , ent Head - Edward Dion,City Attorney
2019-477SAction Labor Management-LLC.D/Il/.A STAFFING CONNECTION
2 •
O-- - C
o,x.° 4,r (305)947-0606 City Hall
?)-Or oti 04° (305)949-3113 Fax
MEMORANDUM
- - TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
- FROM: Dwight P. Snyder, Chief of Police
DATE: 9/19/2019
1 Authorization to renew the agreement with Action Labor
•- RE: Management d/b!a Staffing Connection, for school
crossing guard services.
0 RECOMMENDATION: .
Authorization to renew an agreement and expend up to $116,936.00
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 up to
- eleven.(14 school crossing guards & one (1) supervisor at locations
. designated by the police department.
FUNDING SOURCE: .
0 Police Budget Accountt#001-3-5210-431000-00000
34
yNr,
•
fir•- r
�r R ACRE :MENT BETWEEN THE CITY OF SUNNY ISLES
BEACH AND ACTION 1,A8OR MANAGEMENT LLC.
`. ` ' DtIItA STA EF1N .
G C 11;1tECTIQII
CONTRACT NO. C4775-1516-1 18
THIS AGREEMENT("Agreement")entered into thisSti day of
( E'prMW— 2015.
by and between the CITY OF SUNNY 1Sl,ES BEACH(hereinafter referred as to "City"); a municipal
corporation of the State of Florida,.and ACTION LABOR MANAGEMENT, LLC. 0/B/A STAFFING
CONNECTION a Florida corporation authorized to do business in the State of Florida (hereinafter
referred to as "Contractor`), whose Fedcral ]densification # is 65-1038017. The City and Contractor
hereby agree as foliows:
RE cI T•A LS
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
IVHEREAS, the City issued Invitation to Bid No. 16-04-05 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. 16-04-05:and
11'HERE,I.S, the Cite.wishes to enter into an Agreement with Contractor to provide the desired
Services as more particularly described in Attachment =A", for a total amount not to exceed Taro Hundred
Twenty Nine Thousand Nine Hundred Twenty Four Dollars (5229,924.00)during the initial two(2)year
term.
NOWTHEREFORE, in consideration of the premises and the mutual covenants herein names,
the parties earee as follows_
TERMS
I. . RECITALS. The recitals set Forth above are hereby incorporated iron this Agreement and made
a part hereof.
2, SERVICES.
2.1 Contractor agrees to furnish eleven (11) individuals with the proper skills and
certifications necessary to perform the functions of school crossing guards ("Crossing Guards"):
and one (]) individual with the proper shills and certifications necessary to perform the functions
of school crossing guard supervisor ("C:rossitig Guard Supervisor"), for each school day at the
following seven (7) designated Crossing Guard locations located within ;he corporate limits of the
City:
Crossing Location 11 of Guards Needed
• 1 - 183rd Street Collins Avenue ^Z
178th Street Collins Avenue
3 183rd Street Atlantic Blvd • ].
4 182nd Street North Bav Road 1
3__1,78th Street Atlantic BI t'd 2
6 182nd Street Atlantic Blvd I
[ 7 I81 Drive North Bay Road ] •
SSB
However,_the numbers included in this Section arc estimates, and mar be revised pursuant CO
Paragraph 3.6 of invitation to Bid No. 16-04-05.
• • • 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 he 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 ennsistent with the following:
A, Ensure 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. Ensure that all Crossing Guards wear Warne 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 ail new personnel hired,
scheduled on an"as needed"basis;and
E. Institute Crossing Guard annual retraining cottrsn in order to ensure 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 subsdrutes in the event of the absence of those
guards'resiularly 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 represent, to City, with felt knottiw]edge 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 perfomi the services to be provided by Contractor pursuant
to the terms of this Agreement.
• -2.G 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 tic required hours For such services. A copy of the list of initial locations where
Crossing Guards shall be stationed and the hours for the Crossing Guards to be stationed is included herein in
C47n.I 51 -118-ACTIO?LABOR M.~N,tGEMENT tt.0DOA STAFF t'000NNECTION
Page?oi 10S 1
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 11 Crossing Guards,there wilt be one(I)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 fo}lotting:
. A. Overseeing the Crossing Guards while performing their job duiies assigned hereunder
and report the status of any and all such activity to City upon request;
B. Ensuring 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;and
D. Performing the duties of a Crossing Guard if and when necessary.
Z.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 ensure 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
ad►-ism the school principal of the Contractor's contact person in the event the scbooi administration needs to
contact Contractor,
2.11 Nothing contained in this Agreement shall entitle Crossing Guards or Crossina Guard
Supervisor to any benefits or compensation from City.
•
2.12 Contractor shall comp}y with all technical specifications set forth in Section 3 of Invitation to
Rid No. 16-04-05.
•
3. '1.0.0'1 AND OPTION TO RENEW.W. This Agreement shall commence on October 1,2016 and
shall end no later thanSe ieiiibe X3.0 01•8•to the initial two (2)year term. Prior to, or upon completion
of the initial two ,y4ear-term m - itk .-have:the�pption af.reneetiorthe,;te roges_anadditional•tf ee�
—(3)optional-on� 1)year reneiyel:pengd.1
4. COMPENSATION. Contractor Agrees to provide the desired Services for art amount not to
exceed One'Hundred Fourteen Thousand Nine Hundred Sixty Two Dollars ($114,962.00) annually,
bringing the total contract amount not to exceed Two Hundred Twenty Nine Thousand Nine Hundred
Twenty Four Dollars(5229,924.00)for the initial two(2)year term. 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. I6.04-05.
4.1 The City hereby agrees to pay Contractor for she faithful performance of this Agreement,the
amount of 12 and 23/I 00(512,23)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 Hid No. 16-04.05 and budgetary funding and approval.
C4775.1516.I tS-ACTION LA13O14 41ANAOrMENT LLC DELA STAFPI`O COa*EcrtoN Aad 3 orIGS 1 B
•
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 com?oliance,and all other charges, fees,oenni ts,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.
. . 4,3 , Pay,ttenr.ro Contractor _for all charges and tasks under [his Agreement shall be in
accordance ti\:ith this Agreement and the schedule of charges reflected in Attachment "A"and under the
followiute conditions;
a. Dishursetnents. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received front the Contractor pursuant to this Agreement twill
be reviewed by the initiating City Department. If services have been rendered in
cortfbrntiily with the Agreement, the invoice will be seal to the Finance Department for
payment. Irlyokes 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 paries herein to close their books and records, the
Contractor will clearly state "final invoice on the Contractor's frnal/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 dosed, any
other additional charges; if not properly included on this final invoice, are waived by the
Cnntractur,
• Contractor shall make no other charges to the City far supplies, labor, taxes, licenses,permits, overhead
or any other expenses or costs unless any sucli expense or cost is incurred by Contractor with the prior
written approval of:he City. lithe City Disputes any charges on the invoices,it Inay make payment of the
uncontested amounts and withhold payment on the contested MECUMS until they are resolved by .
agreement with Contractor. Contractor .shall not pledge the City's credit or stake it a guarantor of
payittcnt 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 16 fulfill the terms of this Agreement.
S. APPROPRIATION OF FUNkl$, 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 terns of this Agreement;
this Agreement shall be terminated upon thirty (30) days written notice and the Contractor shall be •
•eonipensated only for services satisfactorily perforated prior to the date of tenni nal ion,
6. INSURANCE. Contractor shall; at its sole cost and expense, during the period of any work
being performed under this Aa.reement, procure and maintain the following minimum insurance coverage
•
to protect the-Cite and Contractor against all loss,claims,damage and liabilities caused by Contractor,its
agents,sub-Contractors nr employees,as indicated below;
C t77i•[i16•1 i8-•ACTION LABOR NIA,NAGEMENT[.I,C 17t1A S rArFltiv CO CC11oti Pose a a RI S I ;/
Comprehensive General Liability with minimum limits of Two Minion Dollars (S?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 InSnranee Services Office; and must
include:
• • Premises and Operation
• Independent Vendors
• Products and/or Completed Operations Hazard
• Broad Form Property Damages •
• Broad Form Contractual Coverage applicable to this specific Agreement, including any
• hold harmless undior indemnification agreement.
• 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 end 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:
▪ Owned Vehicles:
• Hired and Non-Owned Vehicles;
• Employers'Non-Ownership.
•W'orker's•Cor»pectsation Insurance fur Statutory obligations imposed by Worker's Compensation or
•Occupational Disease Taws. Including, where applicable, the United States Longshoremen's and Harbor
Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's Liability Insurance
shall be provided with a minimum of One Hundred Thousand and 001100 dollars (5100,000.00) per
accident. Contractor agrees to be responsible for the employment,conduct, and control of its employees
and for any injuries sustained by the employees in the course of their employment.
Before starting the Services, the Contractor shall be required to file and make sure that all certificates of
insurance required b}' 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) dais prior written notice has been given to the City b\'
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-eontractor(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 Om '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 ncc coverage specified in this section to maintain co►'eratie during the life of this
Agreement. All deductibles must be declared by the Contractor and must be approved by die City
Manager ear his designee. At the sole option of the City Manager or his designee,either the Contractor
C4773-1516-118-ACTION t.At17R MANAGEMCO'C Lt-C D to STAFFING CONNECTION Pug,S of i 0 S ! E
•
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. . INDEMNIF'ICAT'ION AND WAIVER OF LIABILITY. The Contractor agrees,to the fullest
• extent permined b' law, to defend indemnify and hold harmless the City, its agents, representatives,
ofiicersr directors, officials and employees from and against elaints, 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 relatirtg
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 10 impairment, or
destruction of tangible property including loss of use resulting therefrom caused by any negligent acts,
errors, mistakes or omissions related lo 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 (SI0.O0) represents specific consideration to the Contractor for the
indemnification set forth in this Agreement.
S. INDEPENDEta CONTRACTOR RELATIONSHIP.•The Contractor is an independent
Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any
fiction 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 obiiaations which have been or shall have been undertaken by the City. Contractor shall be
responsible for any and al] of its own expenses in performing its duties as contemplated under'this
• Agreement. The Citi'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
fun-iish its own transportation, office art other supplies as it detemtines necessary in carrying Out its
duties under this Agreement.
9. TERMINATION AND REMEDIES FOR f3RE.ACH,
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 io terminate the Set-vices then
• remaining to he 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 (H)) days to cure such default. if the default remains uncured
after ten (10) days the City may tem irate this Agreement; and the City shall receive
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,
• Cit) shall pay for services rendered as of the date of termination:
I. In the event of termination, all finished and unfinished tiiacurrrcnts. data and other
• work product prepared by Contractor (and stab Contractor(s))shall be delivered to
the City and the City shall compensate the Contractor for all Services satisfa2torily
performed prior to the date of termination,as provided in Paragraph 4 herein.
C4775-1516-tI8—ACTION t.A80RMANAOr;M ENT 1.i.0DBA STAFFuNCCONNLCTION Page 6a10 S I B
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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 10 Contractor for the
purposes of set-off until such time as the exact amount of damages due the City
• • from the Contractor is determined. Under no circumstances shall the Contractor be
entitled to incidental, punitive,indirect or consequential damages, including but not
limited to,•;ost reve;tuc or lust profits, as ii result:,f termination of its Services under
this Agreement.
13- Termination for c„Qnyeniencc of City. The City may, for its convenience and without cause
terminate the Services then remaining to be performed at any tittle by giving Contractor ten
(10) days.t‘Tittert notice. The terms of Paragraph A(i)and A(ii) above shall be applicable
hereunder.
C. Termination for Ilisolvencv. The City also resen'es the right to terminate the remaining
Services to be performed in the event the Contractor is placed either in voluntary or
involuntary bankruptcy or niakes any assienntent for the benefit of creditors.
E. 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
ter!nination up to a maximum of the full contracted fee amount.
10. . FORCE MAJEURE. City and Contractor will be excused front 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 pul•,lic crnereencv, 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;
((;) no obligations GU 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•perforniance party uses its best efforts to remedy its inability to perform.
t. BACKGROUND CHECKS. A criminal background check will be required for am'employee of
the Contractor performing Services under this Agreement. The Contractor shall be required to perform
- the criminal background check at their own sole cost and expense through the City. The Contractor shall
• ensure that only"their properly designated employees listed with the City Manager be permitted to
perform Services, in the event the designated employees are removed by the Contractor, the Contractor
shall immediately notify the City Manager or his designee_ Additionally, identification cards will be
provided by the City at the Contractor's sole cost and expense. Contractor shall ensure that all designated
employees'year the City's providedidentification cards while performing Services.
0477-iStb-rIE-ACTION LABOR MANAGEMENT L.t.0 l)BA STAFFING CONNECTION Page 7ur10 S 18
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 envies 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 ernunds for disallowance by
City of any fees or expenses based upon such entries.
•
13. COMPLIANCE WiTh PIJKIC RECORDS. Pursuant to Chapter 1l9, Florida Statutes,
Florida's Public Records Ire's, 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-
)6 entitled"Ethics in Public ContractinQ," As provided in Section 62-I6,Code of the City of Sunny Isles,
the City Commission may terminate this Contract for violation of the above-referenced ethical standards.
15, ASS1 LAMENT. 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 ohtaining the City's consent in writing, Any such attempted
assiermrent or delegation shall be deemed of no legal force and effect whatsoever.
16. GOVERNING LAW, VENUE AND ATTORNEYS FEES. It is agreed that this Agreentent •
shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue
for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes necessary for
the City to file a lawsuit to enforce arty term or provision under Ibis Agreement and the City is the
prevailir:g party then the City shall be entitled to its costs and attorney-'s fees at the pretrial, trial and
appellate levels.
47. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the terns 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 %'iolatinn,the
City shall have the right; in addition to arty other remedies available to it at law or in equity,to enjoin the
Contractor in a court of equity for violating such provisions.
IS, • NOTICES. All notices and other communications required or permitted to be given under this
Agreement by either parry to the ocher shall be in writing and shall be sent(except as otherwise provided
- herein) (1) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by
,r.uaranteed overnight deliver' by a nationally recognized courier service, or (iii) by facsimile With
confirmation receipt (with a copy simultaneously scat by certified or registered mail, first class Hostage
C4775.I516.l l S-ACTION 1.113014. N'AGEMENT LLC DIM Si"41FI=1\Q CONNECTION Pegc 3 o110 S 1
prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service),
addressed to such party as follows:
If to the City: Christopher J. Russo fMans Gttinot; Esq. .
City Manager City Attorney
City of.Su�tny rsles Beach City of Sunny Isles Beach
• 18070 of.
Ave. !8070 Collins Avenue
F'c►unh Floor Fourth Floor
Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160
Ph: (305)792-1701 Ph:(305) 792-1702
•
•
Karen Noover, President
If to the Contractor: Action Labor Management dfb/t,
Stuffing Connection
6555 N. Powcrline Rd.#306
Ft. Lauderdale, FL 33309
Ph: (954) 776.3444
scook@actionlabor.com v J
•
19. CONFLICTING PROVISIONS: The terms and conditions of this Agreement shall.prevail and
be given superiur effect and priority (war any conflicting or inconsistent term, conditioii, statement,
requirement or provision contained in ally other document or attachment, inclurlin hitt not limited to
Attachment__A'
r.
20, MISCELLANEOUS.
A. In tate 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 Aereerncnt may be executed in multiple identical counterparts, each of which shall be
deemed an original for all purposes.
C. This Agreement; together with Invitation to Bid No. 16-04.05 for School Crossing Guard
Services. and Contractor's response thereto, shall constitute the attire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and
wrirten 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.
E. No waiver of any provision of this Atareement shall be valid or enforceable unless such
waiver is in writing and signed by the pany granting such waiver.
C4773-1516-118 ACTION LABOR MANAGEMENT r.LCDBASTAFFING CONNECTION Page 9or10 S l E
•
•
•
IN WITNESS WHEREOF, the parties hereto have executed this Agrce hent in duplicate on the
day and year first written above.
. • ,WITNESS:. ACTION ION LABOR MANAGEMENT,LLC.
D/B/A STAFFING CI ..w ION
.. ..-:--ii,a46.. ./4 - - 411116 411-111/1161b. -
Stgay.we B - -- �
Kahn l-ioo:= President
Print Name •
• ...-----Th
7 I
ATTEST; CITY OF NY ISr BEACH
L
t14,...saj
BY: Lj1/47------
• ' Jane A,Hi ,MMC,City Clerk George .Scholl,Mayor
APPROVED AS TO FORM AND
LEGAL STIF'F7N Y
if
B' /,Lf 0 LI 6
" 4.tintt,CityAttoine
^4775-1516-1 t 8—ACTION LABOR MANACEiviEKT LIC OBA STAFF1i C C.MMIECTION Pap{hof 1D 1.,; S, ;,
/staffing Cori Cen oit i �� _
TA9NET/N6 SAFETY 6555N.Powedlne Road,Suite 306.Ft.Lauderdale,FL 33309
p:964.776.3444 f 954.776.8476
August 21s`, 201.9
Genesis Cuevas
Purchasing Agent
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach,FL 33160
Dear Genesis:
Our entire team would like to renew the contract and continue providing School Crossing Guard services
to the City of Sunny Isles.There was a minimum wage increase January 1st,2019 and we would like to
increase the bill rate to cover this additional wage cost.
Florida's minimum wage for non-tipped employees increased January 111,2019 to$8.46 per hour.This is
a .21 cents per hour increase from the current minimum wage of$8.25 per hour.This has been reported
by the Florida Department of Economic Opportunity.Please review the link listed below.
The increase will raise our current hourly bill rate from$/2.23 per hour to$12.44 per hour.
htto:ffwww.floridajobs.or docs default-source/business-growth-and artnerships/for
em to ers osiers-and-required oticesl2019imum x aste ac :a er
fl rninwaee2019.pdf?sfvrsn=2
The 2019 Florida minimum wage is$8.46 per hour,effective January 1, 2019. Florida law requires
the Florida Department of Economic Opportunity to calculate a minimum wage rate each year.The
annual calculation is based on the percentage increase in the federal Consumer Price Index for
Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to
September 1,2018.
Please advise that the City will acknowledge the minimum wage increase at the time of renewal.
Sincerely,
Sharron ft.Cook
Branch Manager.
School Crossing Guard Division
i
' i
- c
ity of Sunny Isles Beach
O070 Collins Avenue
nny isles Beach, FioNcia 3316005)947-0606 City Hallor soh (305)949-3113 Fax
MEMORANDUM
- TO: The Honorable Mayor and City Commission •
VIA: Christopher J. Russo; City Manager
FROM: Dwight P. Snyder, Chief of Police
DATE: 9/19/2019
Authorization to renew the agreement with Action Labor
RE: Management d/b!a Staffing Connection, for schoo!
crossing guard services.
ORECOMMENDATION:
Authorization to renew an agreement and expend up to $116,936.00
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 up to
eleven (11).school crossing guards:& one (1) supervisor at locations
designated by the police department.
FUNDING SOURCE:
Police Budget Accountt#001-3-521.0-431000-00000
34