HomeMy WebLinkAboutReso 2008-1285
RESOLUTION NO. 2008- I 2- -gs
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH KEMP GROUP INTERNATIONAL CORPORATION TO
PROVIDE SCHOOL CROSSING GUARDS, IN THE AMOUNT NOT TO
EXCEED ONE HUNDRED TWENTY-ONE THOUSAND DOLLARS
($121,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the new Sunny Isles Beach Community School opens in August 2008 and it
is imperative that school crossing guards are in place to ensure that the school children can safely
cross the streets while walking to and from school each school day; and
WHEREAS, the Sunny Isles Beach Police Department desires to enter into an agreement
with Kemp Group International Corporation, piggybacking off from the Town of Davie Bid No.
B-06-25, to provide school crossing guards; and
WHEREAS, Kemp Group International will provide an estimated 10 to 12 school
crossing guards and supervisors at locations designated by the Police Department, at a cost of
$13.47 per guard hour price; and
WHEREAS, the City wishes to enter into an Agreement with Kemp Group International
Corporation, in the amount not to exceed One Hundred Twenty-One Thousand Dollars
($121,000.00), attached hereto as Exhibit "A", for a one (1) year period plus August and
September 2008, with the option to extend the agreement for two (2) additional one year terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves the agreement
with Kemp Group International Corporation to provide school crossing guards, in the amount not
to exceed One Hundred Twenty-One Thousand Dollars ($12 I ,000.00).
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this resolution.
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19th day of June 2008.
R2008- Kemp Group School Crossing Guards Agmt Page I of 2
ATTEST:
~~i A:-~
Jane A. mes, CMC, City Clerk
Vote: 5-0
Mayor Norman S. Ede1cup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
R2008- Kemp Group School Crossing Guards Agmt Page 2 of2
Moved by: Co~&~2/tV
Seconded by: ~ 0 I~ v-1Hr:\l.<r:..R-
---Lc1Y es)
~(Yes)
~Yes)
~Yes)
~(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
CITY OF SUNNY ISLES BEACH
KEMP GROUP INTERNATIONAL CORPORATION
AGREEMENT CONTRACT NO. C0708-065
THIS AGREEMENT ("Agreement") entered into this I g~ day of \Tur'\-e ~ 2008,
by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal
corporation of the State of Florida, and KEMP GROUP INTERNA TIONAL CORPORATION, a
Florida corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor").
RECIT ALS
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, Contractor is a certified and insured company with the necessary experience to
provide the desired Services; and
WHEREAS, the Town of Davie, Florida issued Request for Bid No. B-06-025 and awarded a
contract to Contractor to provide such services; and
WHEREAS, the City desires to enter into an agreement with Contractor, using the Town of
Davie's bid information, to provide the Services described in Attachment "A", attached hereto and made a
part hereof, subject to the terms and conditions contained herein; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under state,
county or other governmental contracts, or competitive bids with other governmental agencies are exempt
from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more
particularly described in Attachment "B" for a total amount not to exceed One Hundred Twenty One
Thousand Dollars ($121,000.00).
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. SERVICES: Contractor agrees to furnish all labor and materials in a good and workmanlike and
professional manner and to perform the Services designated in Attachments "A" and "B" attached hereto,
which are incorporated herein by reference. In particular, the Contractor will provide an estimated ten
(10) to twelve (12) school crossing guards and supervisors, four (4) hours per school day/per guard at
C0708-065 CROSSING GUARDS - KEMP GROUP INTERNATIONAL CORP, AGREEMENT
locations designated by the City's police department. The Services described in Attachments "A" and
"B" shall be performed by Contractor to the full satisfaction of the City.
3. COMPENSATION: Payment to Contractor for all charges under this Agreement shall be in
accordance with this Agreement and a schedule of charges or tasks reflected in Attachments "A" and "B".
The cost for the supervisors and crossing guards are $13.47 per guard/per hour. The total amount of
compensation payable by the City to the Contractor shall be an amount not to exceed $121,000.00.
The Contractor shall make no other charges to the City for supplies, labor, 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.
4. 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.
5. INSURANCE: Contractor shall, at its sole cost and expense, during the period of any work being
performed under this Agreement, procure and maintain the 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 in Section 1 of Attachment "A".
6. OWNERSHIP OF DOCUMENTS: The parties agree that all documentation and work
product produced pursuant to this Agreement shall become the exclusive property of the City and shall be
made available to the City within ten (10) days of request.
7. RELATION TO PARTIES: It is understood and agreed that nothing contained in this
Agreement shall be deemed to create a partnership, joint venture, other association, or an
employer/employee relationship between the Contractor and the City. Contractor shall be in the relation
of an independent contractor and is to have entire charge, control and supervision of the work to be
performed hereunder.
8. 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.
9. WAIVER OF LIABILITY/INDEMNITY: The City shall not in any way be answerable or
accountable for any violations of applicable laws or for any injury, loss or damage arising from the
negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor
hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage,
Page 2
C0708-065 CROSSING GUARDS - KEMP GROUP INTERNATIONAL CORP. AGREEMENT
liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by
City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations
under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of
property resulting from the performance or breach by Contractor. Contractor's indemnity obligation shall
extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably
waives any right and agrees not to file any mechanic's or materialman's lien against City property.
10. 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.
11. TERM: Subject to the provisions relating to the termination of this Agreement as set forth
hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end one
(1) year thereafter with two (2) additional one (1) year renewal periods at the City's option.
Contractor is to commence performance of the above described work within the completion schedule and
shall continue in a diligent manner until the work is complete. The above completion schedule may be
extended by the City. Contractor acknowledges that compliance with the above commencement dates and
completion schedule is the essence of this Agreement. The terms of Sections 8 and 9 entitled
"Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination of
this Agreement.
12. TERMINATION:
A. If, through any cause within the 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 thirty (30) days to cure such default. If Contractor
is unable to cure such failure to perform, within thirty (30) days, then 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 the
City and the City shall compensate the Contractor for all services satisfactorily
performed prior to the date of termination, as provided in Paragraph 3 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 payments to Contractor for the purposes of
Page 3
C0708-065 CROSSING GUARDS - KEMP GROUP INTERNATIONAL CORI'. AGREEMENT
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 given written notice which
shall become effective thirty (30) days following receipt by Contractor. The terms of Paragraphs 12 A(i)
and (ii) 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.
13. 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: A. John Szerlag Hans Ottinot, Esq.
City Manager City Attorney
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins Ave. 18070 Collins A venue
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: Christina A. Aderinokun, Mailing Address:
President
Kemp Group International Kemp Group International
Corporation Corporation
2111 SW 60 Way P.O. Box 471614
Miramar, FL 33023 Miramar, Florida 33023
Ph: 954-437-7294
Fax: 954-437-8952
14. 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.
Page 4
C0708-065 CROSSING GUARDS - KEMP GROUP INTERNATIONAL CORP. AGREEMENT
15. 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 "confidentia1." 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.
I 6. 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.
17. 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.
C. This Agreement 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 understanding 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 Agreement shall be valid or enforceable unless such
waiver is in writing and signed by the party granting such waiver.
([he remainder of this page has been intentionally left blank.)
Page 5
C0708-065 CROSSING GUARDS - KEMP GROUP INTERNATIONAL CORP, AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the
day and year first written above.
WITNESSES:
KEMP GROUP INTERNATIONAL
CORPORATION,INC.
MITCH LEITNER, PRESIDENT
Print Name:
BY:
~~
f
Christina A. Aderinokun, President
Print Name:
ATTEST
CITY OF SUNNY ISLES BEACH, a municipal
corporation of the State of Florida
B:J 't1111~/J~// 4~
orman S. Edelcup, Mayor
~~~~~
Jane Hines, CMC, City Clerk
o ORM AND LEGAL
Page 6
C0708-065 CROSSING GUARDS - KEMP GROUP INTERNATIONAL CORP, AGREEMENT
TOWN OF DAVIE
TOWN COUNCIL AGENDA REPORT
TO:
Mayor and Councilmembers
FROM/PHONE:
John George/693-8320 by Herb Hyman1797-1016
SUBJECT:
Resolution
AFFECTED DISTRICT: All
TITLE OF AGENDA ITEM: A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA,
ACCEPTING THE BID FOR SCHOOL CROSSING GUARDS.
REPORT IN BRIEF: A competitive bid was conducted for providing school crossing guards to insure
that the children can safely cross the street to get to school at locations designated by the Police
Department. The Town sent out specifications to seventeen (17) prospective bidders. Additionally, the
bid was advertised state-wide in Florida Bid Reporting and nationally in BidNet and also posted on the
Town's web site. The Town received one (1) bid. The recommendation is for Kemp Group
International who is the lowest responsive and responsible bidder. Kemp Group International has been
providing school crossing guards to the Town for the past three (3) years. The Town has been very
satisfied with the service provided by Kemp. The Town will have twenty-three (23) crossing guards and
three (3) supervisors for each school day. The cost of the supervisors is included in the hourly cost of
$13.4 7. The initial contract period is one (1) year with options to extend the contract for two (2)
additional one (1) year terms by mutual agreement of the parties. Contract extensions, if appropriate
will be sent to the Town Council for approval.
PREVIOUS ACTIONS: Not applicable
CONCURRENCES: The recommended award has been reviewed by the Police Chief and the Bid
Specification Committee consisting of Bill Underwood, Russell Muniz, Bruce Bernard, Mark Kutney,
and Herb Hyman who concur with the decision to award to Kemp Group International.
FISCAL IMPACT:
Has request been budgeted? yes
If yes, expected cost: $250,000.00/yr.
Account Name: Police Department-Contractual Services Account
Number 001-0525-521-0306
Additional Comments: Not applicable
RECOMMENDATION(S): Motion to approve the resolution.
Attachment(s ):
Procurement Authorization
Bid Tabulation
Department Recommendation Memo
ATTACHMENT "A"
RESOLUTION NO.
A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR
SCHOOL CROSSING GUARDS.
WHEREAS, the Town is in need of school crossing guards to insure that children can safely cross the
street to get to school at locations identified by the Police Department; and
WHEREAS, the Town solicited sealed bids for such crossing guards; and
WHEREAS, after review, the Town Council wishes to accept the bid from Kemp Group International.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE,
FLORIDA:
SECTION 1. The Town Council hereby accepts the bid from Kemp Group International to provide
school crossing guards in the amount of $13.4 7/guard/hr.
SECTION 2. The Town Council hereby authorizes the expenditure from the Police Department-
Contractual Services Account Number 001-0525-521-0306.
SECTION 3. The initial contract term is one (1) year with options to extend the contract for
two (2) additional one (1) year terms by mutual agreement of the parties. Contract extensions, if
appropriate, will be sent to the Town Council for approval.
SECTION 4. This resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS
DA Y OF
,2006
MA YOR/COUNCILMEMBER
Attest:
TOWN CLERK
APPROVED THIS
DAY OF
,2006
TOWN OF DAVIE
PROCUREMENT AUTHORIZATION
ACCOUNT NUMBER. BUDGET ITEM & DESCRIPTION
001-0525-521-0306 School Crossing Guards
'r'V- Co.v~",- >SIl.<:"'-o6'{'
METHOD OF PROCUREMENT (check the one that applies)
APPROXIMATE COST
$ 250,000.00
..x Open Competitive Bidding
_ Piggyback on Contract Number
Sole Source
_ Request For Proposals
SPECIFICATIONS & LIST OF VENDORS MUST BE ATTACHED
Signed
Have Funds been Reserved /'-I!GaI'. 3~c ,f"
0"" 'btf.'{!'" ~
Signed ~ C
T n dministrator
BIDS SUBMITTED
VENDOR
/c~ r> {).-f2..0iA." -:L.Jrl5(2.rJA.....' "N N,,--
COST
-In. '/7/ AM-
Signed
Vendor
l1.p >a:.z,hc..-rf",N c.......,'mll::RECOMMENDATJO
;c~ r C-..€.91o<-P ..z:v~~
Cost
"/3 .ij74/l .
tfd tlt::a BID OPENING REPORT
BID NAME:, (Jr1!11 t. #8' ~
BID NUMBER:M-D95-
TIME: ,:"" ,0 7 ? Y'Yj
DATE:d&o6
ESTIMATED COST:
N
2.
3.
4.
5.
6.
7,
8.
9,
10.
REMARKS
NOTE: THE ABOVE BID AMOUNTS HA VE NOT BEEN CHECKED, AND BID TOTALS ARE
SUBJECT TO CORRECTION AFTER THE BIDS HA VE BEEN COMPLETELY REVIEWED,
['A TE:
PURCHASING OfFICIAL :(
P'~
WITNESS: ~
DAVIE POLICE DEPARTMENT
MEMORANDUM
q1 ~!J~I<)I"
TO:
Herb Hyman, Procurement Man~
John A. George, Chief of Police . h 0 -
Lori Lysfjord, Office Supervisor,J:3)
THRU:
FROM:
DATE:
February 22, 2006
SUBJECT:
School Crossing Guards
Attached you will find the bid for School Crossing Guards. It is my recommendation that we
continue to utilize Kemp Services, Inc. for our crossing guards. They were the only bidder and
I am satisfied with all aspects of their service.
We will have 23 guards and 3 supervisors for each school day.
* * * * * * * * * * * * * * * * * *
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INTENTIONALL Y
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* * * * * * * * * * * * * * * * * *
SECTION I - SPECIFICATIONS/SPECIAL CONDITIONS
A. Intent
The intent of this bid is to establish an annual contract for the provision of School
Crossing Guard services, as and when needed.
B. Contract Period
The initial contract period shall be a one year term commencing with the first
day of school for the 2006/2007 year (August 2006 through June 2007). The
Town does not utilize school crossing guards during summer vacation, however,
should there be summer school, the Town will provide school crossing guards
for the dates school will be in session. See Scope of Work #8.
The contract may be renewed for a maximum of two (2) one-year periods, by
mutual agreement of the parties and approval by the Town Council. All terms
and conditions shall remain firm for the initial period of the contract, and any
renewal periods.
C. Quantities
No warranty or guarantee is given or implied as to the total number of guards
that will be required as a result of this contract. The quantities stated in this bid
are estimates of annual usage, based upon the Town's requirements at the time
of bid preparation. Guard services will be requested as needed.
D. Basis of Award
Award will be made to the lowest responsive, responsible bidder. The Town
reserves the right to make the sole determination of
responsiveness/responsibility. Investigation to evaluate bids may include an
inspection of a bidder's facilities to determine their capability to perform.
E. Indemnification
Contractor covenants and agrees that it will indemnify and hold harmless the
Town from any claim, loss, damage, costs, charge or expense arising out of any
act, action, neglect or omission by Contractor during the performance of the
contract, whether direct or indirect, and whether to any person or property to
which the Town or said parties may be subject, except that neither the Contractor
nor any of its subcontractors will be liable under this section for damages arising
out of injury or damage to persons or property directly caused or resulting from
the sole negligence of the Town or any of its officers, agents or employees.
J
F. Insurance
The Contractor shall not commence operations pursuant to the terms of this
Agreement until certification or proof of insurance, detailing terms and
provisions of coverage, has been received and approved by the Town of Davie.
The following insurance coverage shall be required:
A. Worker's Compensation Insurance covering all employees and providing
benefits as required by Florida Statute, Chapter 440, regardless of the size
of the company (number of employees). The Contractor further agrees to
be responsible for employment, control and conduct of its employees and
for any injury sustained by such employees in the course of their
employment.
B. Public Liability Insurance
1) Naming the Town of Davie as an additional insured in connection with
the work being done under this contract.
2) Such public liability insurance shall include the following checked
~ of insurance and indicated minimum policy limits.
2
LIMITS OF LIABILITY
each
Type of Insurance
Occurrence aggregate
GENERAL LIABILITY
_X_ comprehensive form
_ premises - operations
_ explosion & collapse hazard
_ underground hazard
_ products/ completed
operations hazard
_X_ contractual insurance
_ broad form property damage
_X_ personal injury
bodily injury
property damage
$ 100,000
$ 50,000
$ 300,000
$ 50,000
bodily injury and
property damage combined
$ 300,000 $ 300,000
personal injury
$ 300,000 $ 300,000
AUTOMOBILE LIABILITY bodily injury
(each person) $ 100,000 $
bodily injury
_ comprehensive form (each accident) $ 300,000 $ 300,000
owned property damage $ 50,000 $ 50,000
hired bodily injury and
non-owned property damage combined $ 300,000 $ 300,000
EXCESS LIABILITY
bodily injury and
umbrella form
other than umbrella
property damage
combined
$1,000,000 $ 1,000,000
The certification or proof of insurance must contain a
provision for notification to the Town thirty (30) days in
advance of any material change in coverage or cancellation.
The successful bidder shall furnish to the Town the
certification or proof of insurance required by the provisions
set forth above, within five (5) days after notification of
award of contract.
3
(Page has been intentionally lefi blank.)
4
G. Termination for Cause
If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner its obligations under this agreement, or if the Contractor shall violate
any of the provision of this agreement, the Town may, upon written notice to the
Contractor, terminate the right of the Contractor to proceed under this
agreement or with such part or parts of the agreement as to which there has been
default, and may hold the Contractor liable for any damages caused to the Town
by reason of such default and termination. The Town may withhold any
payments due to the Contractor for the purpose of setoff until such time as the
amount of damages due the Town from the Contractor is determined.
H. Employee Qualifications
The Contractor and any persons employed by him/her shall never have been
convicted of any offense involving moral turpitude. FDLE background checks
must be completed on all applicants prior to being employed. The Contractor
will provide the Town with proof that the FDLE background check has been
performed. The Contractor shall employ persons who are neat, clean, well
groomed, courteous and at least twenty one (21) years of age.
1. Daily Time Sheets
A daily time sheet will be maintained by the Contractor with the signature of the
employee on each work shift and the location of their guard post. This log will
be delivered by the Contractor daily to the Davie Police Department.
J. Staffing Provisions
The Contractor shall have responsibility for selecting and providing all
personnel to perform the services to be provided pursuant to Sections C and M
(1) of this specification.
K. Invoices/Payment
The Town will accept invoices no more frequently than once per month. Each
invoice shall be accompanied by a time sheet detailing all employee time logged
for the prior period. The time sheet must list each guard by name, location, and
daily hours worked. Invoices shall be paid completely by the Town within thirty
(30) days of receipt of the invoice, except for items questioned. The Town shall
notify the Contractor within fifteen (15) days of receipt of invoice of any items
questioned. The Contractor shall prepare verification date for the amount
claimed and provide complete cooperation during such investigation of any
areas in the invoice subject to question.
L. Selling, Transferring or Assigning Contract
5
No contract awarded by the Town shall be sold, transferred or assigned without
the prior written approval of the Town Council.
M. Scope of the Work
1. It is expected that an average of twenty-two (22) school crossing guards
will be required for each school day. However, this is an estimate and the
Town's Office Supervisor will keep the Contractor informed as to the
exact number of school crossing guards that will be required to provide
coverage at the estimated twenty-two (22) school crossings located within
the Town limits. The Contractor shall be flexible and provide guards for
the hours needed on the instructions of appropriate Town personnel. A
minimum of three (3) hours (which will vary slightly with each school)
coverage daily for nineteen (19) guards, and a minimum of five (5) hours
coverage daily for three (3) guards covering the Nova Schools due to the
extended hours scheduled as follows:
7:00 am to 8:30 am in the morning, 1:30 pm to 3:00 pm in the afternoon
and 7:00 am to 9:45 am in the morning and 1:45 pm to 4:00 pm in the
afternoon for the three (3) guards covering the Nova schools.
2. It shall be the responsibility of the Contractor to ensure that all guards
receive proper training. The Contractor must be able to comply with
Section 234.302, Florida Statutes, the "Ramon Turnquest School Crossing
Guard Act", by having Florida Department of Transportation certified
crossing guard trainers to ensure that all persons employed as crossing
guards receive proper training as required by the law.
Formal training of all new or former crossing guards shall be conducted
as per the standards established by the State of Florida Department of
Transportation. The primary training for each person employed by the
Contractor as a crossing guard shall be conducted by the Contractor.
Such training shall consist of, at a minimum:
(1) Classroom Training
(2) Field Training
6
3. Daily Field Supervision: The Contractor shall provide experienced field
supervisors to oversee the operations at all times the guards are on duty.
It will be the responsibility of the field supervisors to ensure that all
crossings are properly staffed at all times required by the Town.
4. Guard Back Up: The Contractor shall provide each working guard with
the name and telephone number of a back-up in case the working guard
cannot be at his/her post. The contractor shall ensure that the back-up
guard is fully trained and familiar with the specific crossing location.
5. Twenty-four (24) hour Answering Service: The Contractor shall provide
for its employees a 24-hour answering service. During non-working
hours when the field supervisor is not on duty, a working guard shall, in
the event that he/ she cannot be at his assigned post, first contact his/her
back-up and then contact the service. This service will then contact the
Contractor who will in turn confirm that the back-up guard will be on
duty at his/her assigned crossing.
6. The Town shall provide the Contractor with the following equipment for
each guard: one raincoat, one whistle, one reflective vest and one hand
held stop sign. All equipment shall be returned to the Town upon
termination of the agreement, in the same condition as it was when
originally provided, excluding normal wear and tear. Any required
replacement of lost or damaged equipment shall be the responsibility of
the Contractor.
7. The Contractor shall provide all other equipment that may be required.
8. School year schedule: The school year begins in mid August and will run
until approximately the beginning of June, with appropriate holidays and
teacher work days that do not require coverage. In addition to the regular
school year, if summer sessions are held, the Town will provide school
crossing guards during the specified dates and times. The Town will
inform the Contractor of the specific dates when they are made available.
In the event that the school calendar year is revised, for any reason,
including the adoption of a year round school schedule, the Contractor
shall ensure that all crossings will be manned with properly trained
crossing guards.
7
SECTION II - GENERAL CONDITIONS
1. Submission and Receipt of Bids
1.1 Bidders must use the forms furnished by the Town.
1.2 Bids having any erasures or corrections must by initialed by the bidder in
ink. Bid shall be typewritten or filled in with pen and ink. Manual
signature must be in ink.
1.3 It will be the sole responsibility of the bidder to have their bid delivered
to the Procurement Manager before the closing hour and date shown for
receipt of bids.
1.4 Your bid should be returned in a sealed envelope (with the correct
postage affixed if the bid is mailed) and should show the following
information:
1.4.1. Your return mailing address in the upper left-hand corner.
1.4.2. Bid Number - write or type the bid number that appears on the
first page of the bid form on the envelope.
1.4.3. Write or type the title of the bid on the envelope.
1.5 Late bids will not be considered and will be returned unopened.
2. Completion of Bid Forms
Bidder is to fill in all of the blank spaces on the bid forms and return them in the
sealed envelope.
2.1 W-9 Form
2.2 Bidder/Vendor Disclosure Form
3. Signature Required
All bids must show the company name and be signed by a company officer or
employee who has the authority to bind the company or firm by their signature.
UNSIGNED OR INCOMPLETE BIDS WILL BE REJECTED. All manual
signatures must be original - no rubber stamp, photocopy, etc.
8
4. Prices to be Firm
Bidder certifies that prices, terms and conditions in the bid will be firm for
acceptance for a period of ninety (90) days from the date of bid opening unless
otherwise stated by the Town. Bids may not be withdrawn before the expiration
of ninety (90) days. Prices shall be firm, with no escalator clauses unless
specified by the Town. Bids may be withdrawn after ninety (90) days only upon
written notification to the Town.
5. Extensions
If there is an error in extensions, unit prices will prevail.
6. Signed Bid Considered an Offer
This signed bid is considered an offer on the part of the bidder, which offer shall
be considered accepted upon approval by the Town Council of the Town of
Davie (if required). The Town of Davie will issue a purchase order or a letter of
authorization to the successful bidder, as authorization for delivery of the items
awarded subject to requirements of detailed specifications and those contained
herein.
In the event of default on the part of the bidder after such acceptance, the Town
may take such action as it deems appropriate including legal action for damages
or specific performance.
7. Default Provisions
In the event of default by the bidder, the Town reserves the right to procure the
item(s) bid from other sources and hold the bidder responsible for excess costs
incurred as a result. A contractor who defaults on a Town contract may be
banned from doing business with the Town for a period of 36 months from the
date of default.
8. Laws and Regulations
All applicable laws and regulations of the Federal government, the State of
Florida, and ordinances of the Town of Davie will apply to any resulting bid
award.
9. Taxes
9
The Town of Davie is exempt from any taxes imposed by the State and Federal
government. Exemption certificates will be provided upon request.
10
10. Exceptions to Specifications
For purposes of evaluation, bidder must indicate any exception to the
specifications, terms, and / or conditions, no matter how minor. This includes
any agreement or contract forms supplied by the bidder that are required to be
signed by the Town. If exceptions are not stated by the bidder, in his bid, it will
be understood that the item(s)/ services fully comply with the specifications,
terms and/ or conditions stated by the Town. Exceptions are to be listed by the
bidder on an attachment included with his bid. The Town will not determine
exceptions based on a review of any attached sales or manufacturer's literature.
11. Retention of Records and Right to Access Clause
The successful bidder shall preserve and make available all financial records,
supporting documents, statistical records, and any other documents pertinent to
this contract for a period of three (3) years after termination of this contract; or if
an audit has been initiated and audit findings have not been resolved at the end
of these three (3) years, the records shall be retained until resolution of audit
finding.
12. Facilities
The Town reserves the right to inspect the bidder's facilities at any time, without
prior notice.
13. Anti-collusion Statement
By submitting this bid, the bidder affirms that this bid is without previous
understanding, agreement, or connection with any person, business, or
corporation submitting a bid for the same materials, supplies, or equipment, and
that this bid is in all respects fair, and without collusion or fraud.
14. Reservation for Rejections and Award
The Town reserves the right to accept or reject any or all bids or parts of bids, to
waive irregularities and technicalities, and to request re-bids. The Town also
reserves the right to award the contract on such items the Town deems will best
serve the interests of the Town.
JJ
(Page has been intentionally left blank.)
12
15. Interpretations
Any questions concerning the conditions and specification contained in this bid
should be submitted in writing and received by the Purchasing Division no later
than five (5) working days prior to the bid opening. The Town of Davie shall not
be responsible for oral interpretations given by any Town personnel or
representative or others. The issuance of a written addendum is the only official
method whereby interpretation, clarification or additional information can be
gIven.
16. Conflict of Interest
For purposes of determining any possible conflict of interest, all bidders must
disclose if any Town of Davie employee is also an owner, corporate officer, or
employee of their business.
Indicate either "Yes" (a Town employee is also associated with your business), or
"No". If yes, give person(s) name(s) and position(s) with your business.
Yes
Name(s) and position(s)
No
17. Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
13
SECTION III - PROPOSAL
IMPORTANT!!! THIS SECTION MUST BE SIGNED FOR BID TO BE
CONSIDERED, PER GENERAL CONDITIONS SECTION 3.
Undersigned Bidder proposes to provide School Crossing Guard service for the
Town of Davie in accordance with the specifications contained herein, as
follows:
In accordance with insurance provisions on page 3.
Hourly charge for each guard: $
per hour.
Successful bidder must secure the required Worker's Compensation insurance
coverage, and the required Liability insurance coverage with the Town of
Davie named as an additional insured, and provide proof of these
coverages within five (5) days of bid award notification.
Answer the following questions (use attachments if necessary):
Has your company performed similar contract services in the past?
YES
NO
If yes, please list current/ prior contract information below:
1. Description of services rendered:
During the month(s)/year(s):
Company:
Con tact Person:
Address:
Phone:
2. Description of services rendered:
During the month(s)/year(s):
Company:
Contact Person:
Address:
Phone:
14
3. Description of services rendered:
During the month(s)jyear(s):
Company:
Contact Person:
Address:
Phone:
List below at least three (3) business references:
1. Company:
Contact person:
Address:
Phone:
2. Company:
Con tact person:
Address:
Phone:
3. Company:
Contact person:
Address:
Phone:
15
Name & address of company submitting bid:
Federal Employer Identification # or Social Security #:
Telephone number (
Fax number (
Broward County Occupational License No.
expIres:
Manual signature of company officer:
Print Name:
Title of signer:
You must submit a completed W-9 form and a completed Bidder/Vendor
Disclosure form with your bid.
16
Mailing: PO Box 471614*Miami FL 33247
2] I ] SW 60 Way*Miramar FL 33023
KEMP GROUP INTERNATIONAL CORPORATION
May 22,2008
Fred A. Maas
Chief of Police
SUlmy Isles Beach Police Department
18070 Collins Avenue
Sunny Isles Beach FL 33160
Re: School Crossing Guards
Dear ChiefMaas:
Enclosed is a contract for school crossing guards for your review.
If you have any questions, please feel free to contact me.
Sincerely,
Joe Faluade
Attachments
PHONE: (954) 43'{-7294
FAX: (9~4) 437-8952
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
A TT ACHMENT "B"
Mailing: PO Box 471614*Miami FL 33247
2111 SW 60 W A Y*Miramar FL 33023
KEMP GROUP INTERNATIONAL
AGREEMENT FOR SCHOOL CROSSING GUARD SERVICES
THIS AGREEMENT (the "Agreement") made and entered into this day of May,
2008 between KEMP GROUP INTERNA TIONAL CORPORATION and Sunny Isles
Beach Police Department.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained the parties hereto do hereby agree as follows:
1. SERVICES TO BE PERFORMED/DESCRIPTION OF SERVICES.
Beginning on , 2008, Kemp Group International Corporation will provide
to the Sll1U1Y Isles Beach Police Department, the following services (collectively, the
"Services"):
gfgs~~~S~hpol Crossing Guards at several locations located within Sunny Isles
'B~ac~;'[Florida
':gstifuat~4At school crossing guards including supervisors, 4 hours per school
day, guard
2. TERM; This Agreement shall be effective as of ,2008 and
shall continue in effect for a period of (1) Year. The parties may renew this Agreement
upon the prior written agreement of the parties.
Sunny Isles Beach Police Department will piggy back on the Town of Davie
school crossing guard contract.
This Agreement may be telminated in writing for cause or for convenience not
less than 30 calendar days prior written notice of intent to telminate.
3. INVOICES/PA YMENT. We will provide an invoice for services once a month.
Invoices shall be paid completely by Sunny Isles Beach within thirty days receipt of the
invoice. Sunny Isles Beach shall notify Kemp Group International Corporation within
fifteen (15) days of receipt of invoice of any items questioned.
PH: (954) 437...7294
FAX: (954) 437-8952
.. . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. NOTICES. Any notice or communication required or pennitted under this
Contract shall be sufficiently given if delivered in person or by certified mail, retum
receipt requested, to the address set forth in the opening paragraph or to such other
address as one party may have furnished to the other in writing.
5. SEVERABILITY. If any provisions of this Contract will be held to be invalid or
unenforceable for any reason, the remaining provisions will continue to be valid and
enforceable. If a cOUli finds that any provision of the Contract is invalid or
unenforceable, but that by limiting such provision it would become valid and enforceable,
then such provisions will be deemed to be written, construed, and enforced as so limited.
6. ASSIGNMENT. Neither party may assign or transfer this Contract without prior
written consent of the non-assigning party, which approval shall not be unreasonably
withheld.
7. AMENDMENT. This Contract may be modified or amended in writing, if the
writing is signed by the party obligated under the amendment.
8. ENTIRE AGREEMENT. This Contract contains the entire agreement of the
pariies, and there are no other promises or conditions in any other agreement whether oral
or written conceming the subject matter of this Contract. This contract supersedes any
prior written or oral agreements between the parties.
WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by
their respective officials thereunto duly authorized, this day and year above written.
Sunny Isles Beach Police Department
By:
Date:
Representative -
Service Provider: Kemp Group International Corporation
By: Date:
President - Christina A. Aderinokun
Bende11 Insurance Group
P.O. Box ~64235
Miami,FL 33~16-4235
Inc.
OAT!!. ~MMIDDIYY\
'1/7 /.2008
THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDeR. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED ElY THe POUCl'E8 BELOW.
ACORD,~
CERTIFICATE OF LIABILITY INSURANCE
PRODUCEFl
INSURERS AFFORDING COVERAGE
KEMP SECURITY INTE~NATION~L
tIl(SURER.!~...t:la:J:LI.1-l...l'lRJ!'&:r~t.,~y J:NS CP~ANY
INSUREFl.fl;
INSUREFH:: FLA. RETAIL FED ~F.T.F INSU!U!:"'a. F"ONO
''''SUReR c;;
INSUFi.eFi. r"
P.C.BOX 470423
MJ:,AMJ: ,FL 33247
COVERAGES ___
THE POL.ICIES OF INSURANCE L.ISTE!D set-ow HAVE aee/lllss'.//i:O 1'0 THf! INSURrn NAMED ABOVE FOR THE POLICy pErtlOO ,NOICATEO, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAGr OR OTHER DOCUMENT WITH REspec'r TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORCED 13Y THE I"OL.ICleS beSC:~leeo HEREIN IS SlJElJeCi TO AL.1. i HE TE~MS, f.;)(CLUSIONS AND CONDITIONS OF SUCH
POL.ICleS, AGGREGATE L-IMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS,
POLICV NUMIll!R P LICY EFtE TIVE P LI
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ALL OWNIi:O AUTOS
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SECURITY PATROL AGENCY.
CERTIFICATE HOLDER
ADDITIONAL. INSURED; INSURER LmeR:
CANCELLATION
CITY OF SUNNY ISLES BEACH
18070 COLLINS AVE
SUNNY ISLES BEACR,FL 33~~O
ATTN:PRISCILLA WALKER, CMC
SHOULD ll.NY 01' THE A!lDVI; OESCRIIl!!D POLICIES Ill! CANCI!LLED 81!I'ORI! TH!! EllPI/lATlON
DATE THiiiREOF, THI; l~~VING INSURER WILL El-l'llEA'IIrn\ TU MAIL ..3.Cl...- O.o.V5 WRIT1'E.N
NOTICE TO THE CI!RTJ-"ICATI! HOLDER HAMED TO THE LEI"T. BUT I'AlLUR! TO 00 SO SHALL
IMl'OGE NO OIlL.IQATIOtJ OF! L.IAflILITY OF MY KIND U~ON
REpRESf.NTA TIVES.
Al11'HORIZED REPRESENT "'TIV
ACORD 2S.S (7/97)
"":'/'.1'. .'""l',"~...... ~
,.., ^ .^..... I I ^ .' I ,~.
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC City Clerk
MEMORANDUM
The Honorable City Commission
A. John Szerlag, City Manager
Fred A. Maas, Chief of Police
Michael A. Grandinetti, Police Captain
June 19,2008
Authorization for the Mayor to enter into an agreement with the Kemp
Group International Corporation to provide school crossing guards, not to
exceed $ 121,000.00 annually.
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution authorizing the Mayor
to enter into an agreement with the Kemp Group International Corporation to provide School
Crossing Guards for the safety of our school children.
REASONS:
With the opening of the new Sunny Isles Beach Community School this upcoming school year, it
is imperative that school crossing guards are in place to ensure that the school children can safely
cross the streets while walking to and from school each school day.
The City of Sunny Isles Beach will piggy back the Town of Davie's sealed bid process (B-06-25)
and agreement with the Kemp Group International Corporation to provide school crossing
guards.
Kemp Group International Corporation will provide an estimated ten (10) to twelve (12) school
crossing guards & supervisors at locations designated by the Police Department. The cost for the
supervisors and crossing guards are included in the $13.47 per guard hour price. The initial
contract period is one (1) year with the option to extend the contract for two (2) additional one
(1) year terms by mutual agreement of both parties.
punding available:
Finance Department
Approyal:
Agenda item No.:
Coyer Memo Kemp Group School Crossing Guards
Commission Meeting Date:
ADDITIONAL INFORMATION:
A map is attached showing the tentative locations of the School Crossing Guards.
The cost for Fiscal Year 2007/2008 is approximately $20,160.00, of which a budget amendment
in the amount of$15,000.00 is needed and included in this agenda. The estimated cost for Fiscal
Year 2008/2009 is $100,840.00, and will be included in our Budget document under the Police
Department Account 10-521-5317.
I
I
~;~
~~i
~
'.~, ",~ .
Proposed Crossing Guard Locations
~."'.~.
~..."
,r - ';=~
~..&
";, o-;-:-~~ .,'.
City Commission
Norman S. Edelcup
Mayor
Lewis J, Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
George "Bud" Scholl
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
June 24, 2008
Christina A. Aderinokun, President
Kemp Group International Corporation
2111 S.W, 60th Way
Miramar, Florida 33023
Re:
Approval of Crossing Guard Services Agreement
Dear Ms. Aderinokun:
At its regular meeting of June 19,2008, the City Commission adopted Resolution No.
2008-1285, which approved the above-referenced agreement with Kemp Group
International Corporation Enclosed are two (2) originals for witnessing and execution
by your firm.
Upon completion, please return the originals and any and all insurances and/or bonds
required by said Agreement to me. A fully-executed original Agreement and a copy of
the approving resolution will be mailed to you once processing has been completed.
Thank you.
.~rulY yours,
~(~~ L~l::&(kQ
Priscilla Walker, CMC \.
Deputy City Clerk
Enclosures
cc: Fred Maas, Chief of Police (w/o attachments)
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Kemp Crossing Guard Agrmt For Sig Ltr
I' ___n
I --
City Commission July 21,2008
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
George "Bud" Scholl
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
Christina A. Aderinokun, President
Kemp Group International Corporation
211 I S.W. 60th Way
Miramar, Florida 33023
Re:
Approval of Crossing Guard Services Agreement
Dear Ms. Aderinokun:
At its regular meeting of June 19,2008, the City Commission adopted Resolution No.
2008-1285, which approved the above-referenced agreement with Kemp Group
International Corporation Enclosed are a fully-executed original agreement and a copy
of the approving legislation for your files.
Thank you.
Very truly yours,
~=~~
Deputy City Clerk
Enclosures
cc: Fred Maas, Chief of Police (via e-mail)
Michael Grandinetti, Police Captain (via e-mail)
Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax
Kemp Crossing Guard Agrmt Executed Ltr