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HomeMy WebLinkAboutReso 2016-2586 RESOLUTION NO. 2016 - 2.SS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 16-04-05 TO AND ENTERING INTO AN AGREEMENT WITH ACTION LABOR MANAGEMENT D/B/A STAFFING CONNECTION, FOR SCHOOL CROSSING GUARD SERVICES, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY-NINE THOUSAND NINE HUNDRED TWENTY-FOUR DOLLARS (5229,924.00) FOR THE INITIAL TWO (2) YEAR TERM, ATTACHED HERETO AS EXHIBIT "A", BASED ON THE TERMS, AND CONDITIONS LISTED IN THE BID RESPONSE, ATTACHED HERETO AS ATTACHMENT"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS.the City of Sunny Isles Beach is in need of school crossing euard services;and WHEREAS, the City issued and advertised Bid No. 16-04-05, for school crossing guard services, for which five (5) responses were received; and WHEREAS, staff has determined that the bid response from Action Labor Management d/b/a Staffing Connection, attached hereto as Attachment "A", is the lowest responsible and responsive bid; and WHEREAS. City staff have recommended the bid award, based on a careful review of the line items and consideration for the Contractor's reputation; and WHEREAS,Action Labor Management d/b/a Staffing Connection has expressed its ability and desire to provide these services; and WHEREAS, the City wishes to enter into an Agreement with Action Labor Management d/b/a Staffing Connection for school crossing guard services for an initial term of two(2)years with an optional three(3)one-year renewals, in an amount not to exceed One Hundred Fourteen Thousand Nine Hundred Sixty-Two Dollars($114,962.00)annually, bringing the total Agreement amount not to exceed Two Hundred Twenty-Nine Thousand Nine Hundred Twenty-Four Dollars($229,924.00) for the initial two (2) year term, attached hereto as Exhibit "A", based on the terms and conditions listed in the bid response, attached hereto as Attachment "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. R2016-Action Labor School Crossing Guard Srvs (Bid 16-04-05) Page 1 of 2 Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 16-04-05 to and enters into an Agreement with Action Labor Management d/b/a Staffing Connection for school crossing guard services, for an initial two(2)years with an optional three(3) one-year renewals, in an amount not to exceed Two Hundred Twenty-Nine Thousand Nine Hundred Twenty-Four Dollars($229,924.00)for the initial two(2)year term,attached hereto as Exhibit"A", based on the terms and conditions listed in the bid response, attached hereto as Attachment "A". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution will become eff- pon adoption. PASSED AND ADOPTED this 15th day of September 20 . • George . Scholl, Mayor ATTEST: ; • t .T. Oi:v0,20 `Jane A. ines,MMC, City Clerk APPROVED AS TO FORM AND L ?a SUFFICIENCY: • As , . � Fno . City Attorney Moved by: �tC.Q 1 I'M��Gt(TD Seconded by: CO Lci,/fv Vote: _t) Mayor Scholl ✓"JYes) (No) Vice Mayor Gatto (Yes) (No) Commissioner Aelion (/(Yes) (No) Commissioner GoldmanYes) (No) Commissioner Levin —flA(Yes) (No) R2016-Action Labor School Crossing Guard Srvs (Bid 16-04-05) Page 2 of 2 c7c $NYpeitg(T, IN. AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND ACTION LABOR MANAGEMENT, LLC. D/B/A STAFFING CONNECTION CONTRACT NO. C4775-1516-118 THIS AGREEMENT ("Agreement") entered into this (511± day of St i.MBER- 2016; by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal corporation of the State of Florida, and ACTION LABOR MANAGEMENT, LLC. D/B/A STAFFING CONNECTION a Florida corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor`); whose Federal Identification # is 65-1038617. The City and Contractor hereby agree as follows: RECITALS WHEREAS, the City of Sunny Isles Beach is in need of a contractor to provide school crossing guards at several locations located within the City of Sunny Isles Beach ("Services"); and WHEREAS, the City issued Invitation to Bid No. 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 WHEREAS; the City 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 Two Hundred Twenty Nine Thousand Nine Hundred Twenty Four Dollars ($229,924.00) during the initial two (2) year term. NOW THEREFORE, in consideration of the premises and the mutual covenants herein names; the panics agree as follows: TERMS 1. RECITALS. The recitals set fonh above are hereby incorporated into this Agreement and made a pan 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 (1) individual with the proper skills and certifications necessary to perform the functions of school crossing guard supervisor ("Crossing Guard Supervisor"), for each school day at the following seven (7) designated Crossing Guard locations located within the corporate limits of the City: # Crossing Location # of Guards Needed 1 183rd Street Collins Avenue 2 2 178th Street Collins Avenue 2 3 183rd Street Atlantic Blvd 2 4 182nd Street Nonh Bay Road 1 5 178th Street Atlantic Blvd 2 6 182nd Street Atlantic Blvd 1 7 181 Drive North Bay Road 1 SIB However, the numbers included in this Section are estimates, and may be revised pursuant to 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 be permitted to perform Services in connection with this Agreement. Contractor shall employ only those individuals that are able to meet the physical requirements of the job description as set forth by Contractor. 2.3 Contractor shall be required to provide Crossing Guard training consistent with the following: A. 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 name badges identifying Contractor and the individual Crossing Guard in order for parents, children, and teachers to identify the Crossing Guard while at their post. C. File all necessary paperwork with the appropriate governmental agency as required by Federal, State, or local laws; D. Maintain school crossing guard training as required for all new personnel hired, scheduled on an "as needed" basis; and E. Institute Crossing Guard annual retraining courses in order to 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 substitutes in the event of the absence of those guards regularly scheduled in accordance with this Agreement. The acceptability of such substitutes is contingent upon their successfully completing all screening as contemplated in Paragraph 2.2 and 2.3 herein. 2.5 Contractor hereby represents to City, with full knowledge that City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the professional expertise, experience, facilities and manpower to perform the services to be provided by Contractor pursuant to the terms of this Agreement. 2.6 Contractor assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards, and as required pursuant to Florida Statutes. 2.7 City shall identify for Contractor all initial locations at which Contractor shall station Crossing Guards and the required hours for such services. A copy of the list of initial locations where Crossing Guards shall be stationed and the hours for the Crossing Guards to be stationed is included herein in C4775-1516-I18—ACTION LABOR\MANAGENIENT LLC DBA STAFFING CONNECTION Page 2 of IS 1 13 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 will be one (1) Crossing Guard Supervisor ("Crossing Guard Supervisor") appointed. The Crossing Guard Supervisor shall be certified by the State of Florida Department of Transportation. The Supervisor shall be responsible for the following: A. Overseeing the Crossing Guards while performing their job duties assigned hereunder and report the status of any and all such activity to City upon request; B. 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. 2.9 Contractor shall direct, control and supervise the details of the work performed by the Crossing Guards and the Crossing Guard Supervisor, and shall travel with the Crossing Guard Supervisor on a periodic basis to 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 advise the school principal of the Contractor's contact person in the event the school administration needs to contact Contractor. 2.11 Nothing contained in this Agreement shall entitle Crossing Guards or Crossing Guard Supervisor to any benefits or compensation from City. 2.12 Contractor shall comply with all technical specifications set forth in Section 3 of Invitation to Bid No. 16-04-05. 3. TERM AND OPTION TO RENEW. This Agreement shall commence on October 1, 2016 and shall end no later than September 30. 2018 for the initial two (2) year term. Prior to, or upon completion of the initial two (2) year term, the City shall have the option of renewing the term for an additional three (3) optional one (1) year renewal periods. 4. COMPENSATION. Contractor agrees to provide the desired Services for an 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 ($229.924.00) 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. 16-04-05. 4.1 The City hereby agrees to pay Contractor for the faithful performance of this Agreement, the amount of 12 and 23/100 ($12.23) 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 Bid No. 16-04-05 and budgetary funding and approval. C4775-1516-I18—ACTION LABOR MANAGE\MEN'T LLC DIA STAFFING CONNECTION Page 3 of 10 S IB 4.2 Contractor shall be solely responsible for and shall provide for the payment of workers compensation insurance coverage and premiums, any and all other insurance pursuant to Section 6 below, withholding taxes, FICA, pension and profit sharing contributions, retirement contributions, if any, all remunerations; all labor contract compliance, and all other charges, fees, permits, and the like associated with the employment of such personnel as Contractor shall provide. The City shall bear no responsibility for any such charges, fees, permits, and the like associated with the employment of such personnel. 4.3 Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating_ City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. �. APPROPRIATION OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event the City Commission fails to appropriate funds for the Services during any term of this Agreement, this Agreement shall be terminated upon thirty (30) days written notice and the Contractor shall be compensated only for services satisfactorily performed prior to the date of termination. 6. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractors or employees, as indicated below: C4775-1516-1I8—ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTION Page 4 of 10 V I v Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • 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 and/or 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 and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Owned Vehicles; • Hired and Non-Owned Vehicles; • Employers' Non-Ownership. Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws. 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 00/100 dollars ($100,000.00) 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 by this document and by this Agreement are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City by certified mail. The City shall be named as an additional insured on the above-referenced policies. The Contractor agrees that if any part of the Services under this Agreement is sublet, they will require the Sub-contractor(s) to carry insurance as required, and that they will require the Sub- contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Agreement. All deductibles must be declared by the Contractor and must be approved by the City Manager or his designee. At the sole option of the City Manager or his designee, either the Contractor C4775-1516-118—ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTION Page 5 of 10 S I B shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City Manager or his designee, covering. the same. 7. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related toy Services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 9. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement. the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement. City shall pay for services rendered as of the date of termination. i. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. C4775-1516-I 18—ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTION Page 6 of 10 S I B ii. Notwithstanding the foregoing. the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. Under no circumstances shall the Contractor be entitled to incidental, punitive, indirect or consequential damages, including but not limited to lost revenue or lost profits; as a result of termination of its Services under this Agreement. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 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 termination up to a maximum of the full contracted fee amount. 10. FORCE MAJEURE. City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their reasonable control including, fire, flood, explosion, hurricane, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: (a) the non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration and continues to furnish timely reports thereto during the period of the Force Majeure: (b) the excise of performance is of no greater scope and of no Ionizer duration than is required by Force Majeure; (c) no obligations of either party that arose before the Force Majeure causing the excuse of performance are expected as a result of the Force Majeure; and (d) the non-performance party uses its best efforts to remedy its inability to perform. 11. BACKGROUND CHECKS. A criminal background check will be required for any 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 wear the City's provided identification cards while performing Services. C4775-1516-I 18—ACTION LABOR MANAGEMENT LLC DI3A STAFFING CONNECTION Page 7 of 10 S I B 12. RECORDS. Contractor shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this Agreement, and any expenses for which Contractor expects to be reimbursed. Such books and records shall be made available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all Services performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by City of any fees or expenses based upon such entries. 13. COMPLIANCE WITH PUBLIC RECORDS. Pursuant to Chapter 119, Florida Statutes, Florida's Public Records laws. Contractor shall maintain and make available for inspection any and all business records generated pursuant to this Agreement as required by law. 14. COMPLIANCE WITH LAWS. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. Specifically, Contractors shall comply with all applicable conflict of interest provisions as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section 62- 16 entitled "Ethics in Public Contracting." As provided in Section 62-16, Code of the City of Sunny Isles, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 15. ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 16. GOVERNING LAW, VENUE AND ATTORNEYS FEES. It is agreed that this Agreement 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 any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 17. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor in a court of equity for violating such provisions. 18. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage C4775-1516-118—ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTION Page 8 of 10 S I V 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 Hans Ottinot, Esq. City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Ave. 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Ph: (305) 792-1701 Ph: (305) 792-1702 Karen Hoover, President If to the Contractor: Action Labor Management d/b/a Staffing Connection 6555 N. Powerline Rd. #306 Ft. Lauderdale, FL 33309 Ph: (954) 776-3444 scook@actionlabor.com 19. CONFLICTING PROVISIONS: The terms and conditions of this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, condition, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A". 20. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 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 entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating, hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. 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. C4775-1516-1I8—ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTION Page 9 of 10 S I B IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: ACTION LABOR MANAGEMENT, LLC. D/B/A STAFFING CO. - N ION 1.114E (714 Signature B •. Kar nHoovdki 'resident Sacs C Print Name ATTEST: CITY OF NNY ISLES BEACH �L BY: Jane A. Hi s, MMC, City C�/Clerk George . Scholl, Mayor APPROVED AS TO FORM AND LEGAL SUFF • • N4 Y B : xf/A 0 , 6 ar i)Y (tinot, City Attorne C4775-1516-118—ACTION LABOR MANAGEMENT LW DBA STAFFING CONNECTION Page 10 0110 • ,. TO: CITY OF SUNNY ISLES BEACH RE: BID. NO. 16-04-05 FOR: SCHOOL CROSSING GUARD SERVICES DATE DUE: May 25th, 2016 ON OR BEFORE 2:30PM EST FtEr;EfVED ar,,r<„„rs�,cr7 I once a 7e ary ae; FROM: STAFFING CONNECTION/ACTION LABOR SHARRON COOK, Branch Manager School Crossing Guard Division 6555 N. POWERLINE RD. #306 FORT LAUDERDALE, FL 33309 954-776-3444 — OFFICE ATTACHMENT "A" S I B CITY OF SUNNY ISLES BEACH ,; ‘• 18070Collins:Avenue Sunny Isles Beach, Florida 33160 s'"�"--,'r!r, 305.91,7.0606 e`./ "'''=''.' -. _ www.sibfl.net ftr. T‘' — 1 -- !4 a.i -- • ••�o•- 04- cr, Ct SJR BID FORM 1 BID COVER Bid Tide: SCHOOL CROSSING GUARD SERVICES The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach to perform and furnish all Services as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Bidder accepts all of the terms and conditions of this Invitation to Bid and Instructions to Bidders. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Bidder agrees to sign and submit the Agreement with other documents required by the Bidding Requirements within ten days after the date of the Otis Notice of Award. In submitting this Bid, the Bidder represents, as more fully set forth in the Agreement, that: • The Bidder has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. • The Bidder has given the City written notice of all conflicts, errors, discrepandes that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Bidder. • This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; the Bidder has not solidted or induced any person,firm or corporation to refrain from Bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidders or over the City. Exact Legal Company Name: AC* ctsDOR 1 1 Pr�Zfr ,rrt, LL C- Business Name (dba); if any: .0.c4'tr I/nmec'e osancn 1-1C2 Street Address: 1L'a4 /L\o`\t•f`nh4>ct-N "(5L'IA•, `Ul -PA flk -?Ao'ir4 L 33 5 Mailing Address (if different): &ISS N - rf`e BA.I �. c� taudcrap, 333 Telephone No.: 1-1(P -3 City of Sunny Isles Beach 1 Invitation to Bid No. 16-04-05 18 SIB • • CITY OF SUNNY ISLES BEACH '�. r 18070 Collins Avenue • Sunny Isles Beach, Florida 33160 305.947.0606 ° = .:,° www.sibfl.net a . Ci,}O' sus Fax No.: 15 1 - to- O y-1 Email Address: .CCC AC:-ts\cn1.pr\osr. C ccr FEIN No.: Cps- t 03 s(p 1 1 *By sign in• is documen ••age: - • - to all Terms Authorized Sig _. - Print Name: Kareta -\oQ Title: Nres n€r-4 / C THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach I Invitation to Bid No. 16-04-05 19 S 1 B CITY OF SUNNY ISLES BEACH `f 18070 Collins Avenue Sunny Isles Beach, Florida 33160 \9"'.it,.\ • 305.947.0606 9 - < 1 wwwsibB.net ��_ t? tit -:01O rf'OF SOF' BID FORM 2 ADDENDA ACKNOWLEDGEMENT INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID (c�I Addendum #1, Dated 1eee\J-er9 Addendum #2, Dated ,cam Jeal Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID COMPANY NAME: Aril-on AUTHORIZED SIGN . __'� .15 � /-fes DATE: 'moi., TITLE OF OFFICER: — 07, City of Sunny Isles Beach Invitation to Bid No. 16-04-05 20 S / a SUNNY ,Ste 01/4 S U _ cY3 • O cr 'Cf 91` FIOQ'\ 54. r it•, OF SUN 'NO Addendum No. 1 CITY OF SUNNY ISLES BEACH School Crossing Guard Services CITY ITB NO. 16-04-05 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Please take note of the following revisions made to the bid specifications: In the Bid Specifications: • SECTION 2 — SPECIAL TERMS AND CONDITIONS; Page 11 DELETE Section 2.6 Performance Bond, and Section 2.7 Bid Bond in its entirety. END OF SECTION Monday. May 23. 2016 sown' '5 O ;tiq F ti V •_ • _ M1' r S O St ) • FLOP' C,. .s0 O sus Addendum No. 2 CITY OF SUNNY ISLES BEACH School Crossing Guard Services CITY ITB NO. 16-04-05 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. Response to questions: • Is a performance bond and a bid bond necessary for this bid? No. Sections 2.6 & 2.7 have been deleted. See Addendum No. 1. • Can you provide us the current hourly rate for each position under the current contract? $12.75. • Is the current contractor in a union contract? If so, what union? Unknown. • Is there a prevailing wage in current contract? No. • Was there a prevailing wage in the previous contract? No. • Who is the current contractor and how long have they had the contract? Action Labor Management since 2011. • Can the vehicles be a separate monthly charge with fuel billed as incurred? No vehicle requirements in the ITB. • Can you provide the current benefits the security professionals are receiving? No benefits from the City. Tuesday, May 17. 2016 SIB • Is the cost of the required training to be included in the hourly bill rate or itemized in the requested budget? Training costs are the sole responsibility of the Vendor. • Is there an estimated value for the contract annually? No. • How many unarmed officers would be needed, how many locations and how many ,hours for each location? See requirements in the ITB. • What are the current hourly wage and bill rates? $12.75. • Can we have a copy of the last bid price and the name of the company you currently have the contract with? $12.75 and Action Labor Management. • The bid calls for one price for security officer: Do you want this price annualized or weekly? Is there an itemized list for all security positions required on this bid? See requirements in the ITB. • How many billed hours are currently billed? How many facilities? Most current week billed was 210 hours. No facilities. • How many vehicles are required for the contract? No vehicle requirements in the ITB. • How many total hours are in this bid? See estimate in the ITB. • Is there a bid bond required in this bid? No. • On the affidavit pages, they want the county in the State of Florida and all but one needs a notary public in the State of Florida. We will be signing these from our corporate office in North Carolina. Can you send revised affidavit pages that do not limit signatures to be in the State of Florida? The Notary Public may lineout "Florida" and insert their state. • Do you want the chosen vendor to consider employing any of the current guards? If so, how much are they compensated and are they getting any benefits? Not a requirement of the ITB. END OF SECTION Tuesday. May 17. 2016 SIB CITY OFSUNNY ISLES BEACH -• 18070 Collins Avenue. Sunny Isles Beach, Hondo 33160 • 305.947-0606 wwwsibfl.nef —!--'a — -- --. � •.1:-;TO'' e4- a ('/F)0, sub BID FORM 3 BID PRICING Estimated Description of Service Annual Hours Hourly Rate I Extended Cost School Crossing Guard Supervisor 1,128 $ I a . a 3 5 131C15' ` 1 School Crossing Guard 8,272 $ I ) 3 $ I OIf I (oL,, 5 L Annual Total $ I I �i -I ted.• V O City of Sunny Isles Beach I Invitation to Bid No. 16-04-05 21 SIB *Staffing Connection's Qualifications/Scope of Service? Staffing Connection is uniquely qualified by way of years of experience. We are the only Florida firm that specializes in School Crossing Guard services with over 15 years of experience. We only staff School Crossing Guard programs. All our energy, staff and resources goes into making our program the best there is. • Staffing Connection is the largest private supplier of crossing guard services in the State of Florida. Our proven ability to seamlessly transition cities entire school crossing guard programs has made us the number one choice. Staffing Connection assumes complete responsibility for managing all aspect of the Crossing Guard Programs we take on. The very unique recruitment skills of the staff coupled with our vigorous training program has made it possible for us to hire and maintain crossing guards that are professional and have the skills and know how to make the right calls. Staffing Connection/Action Labor is a proud member of the National Safety Council and the South Florida Construction Safety and Health Partnership(C.A.R.E.P.). We take full responsibility and a leadership role in providing a sound safety and health program, and for ensuring its effectiveness in maintaining safe working conditions. We train and certify according to the "Florida School Crossing Guard Training Guidelines" before post assignment. A criminal background, sex offender, drug screening and reference check are conducted on all newly registered school crossing guards hired through Staffing Connection/Action Labor. We provide required equipment according to Florida Department of Transportation Safety Office/ Florida School Crossing Guard Training Guidelines. Equipment costs can be quite high and burdensome to the city,we eliminate all costs for required equipment i.e.: (vest, gloves, whistle and stop paddle). All crossing guards are covered by Staffing Connection Liability and Workers Compensation Insurance. State Certified supervisors are in the field working and supervising the guard's daily. SIB References for Staffing Connection/Action Labor School Crossing Guard Division Staffing Connection/Action Labor established our School Crossing Guard division in 2001. We are the largest supplier of school crossing guard services in the state of Florida. We have contracts within five Florida counties. Listed below are 6 Cities we are currently contracted with. Additional references are available upon request. City of Margate 5790 Margate Blvd. Margate, FL 33063 Officer Erin Young 754.220.9875 Providing Services since 2015 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Sgt. Phil Hawkins 561-742.6111 providing services since 2002, awarded new RFP 2009 City of Plantation 400 NW 73rd Avenue Plantation, Florida 33317 Officer Jeff Young 954-797.2155 Providing Services since 2011 Page 1 of 2 SIB City of North Lauderdale 701 SW 71' Avenue North Lauderdale, FL 33068 Ambreen Bhatty City Manager 954-724-7041 providing services since 8/2001 City of Coral Springs Police Department 2801 Coral Springs Drive Coral Springs, FL 33065 Sergeant Glenn Matonak 954-346-1267 providing services since 8/2005 City of Delray Beach 300 Nest Atlantic Avenue Delray Beach, Fl 33444 Officer Fred Glass 561-398-1912 providing services since 2006 Page 2 of 2 tp`�; S t V . . %_j i ' '---!I.--- %-...!I./ N.-!......" -..._n,.. ... •--0-, S.-cl....› ' . . . .. . . . . .1 9 . ,• • •.• . .. . • . . ... . . - 9 . 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Lauderdale, FL 33301-1895-954-831-4000 VAUD OCTOBER 1,2015 THROUGH SEPTEMBER 30,2016 3 DBA: Receipt q:329-34749 9 ' STAFFING CONNECTION ACTION LABOR ALL OTHERS (STAFFING ADEN "3 • Business Name: Business Type: • • • Owner Name:KAREN HOOVER Business Opened:oe/OS/2007 i S ' Business Location:6555 N POWERLINE RD 306 State/County/Cert/Reg: PT LAUDERDALE Exemption Code: • Business Phone: !I Rooms Seals Employees Machines Professionals -. ' 5 For Vending Busbies Only Number of Machines: Vending Type: I Tax Amoral Transfer Fee NSF Fee Penally Prior Years Collection Coat Total PSW 33.00 0.00 0.00 0.00 0.00 0.00 33.00 1 r2 i THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS I THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and Is non-regulatory in nature. You must meet all County and/or Municipality planning • 1 WHEN VALIDATED and zoning requirements. This Business Tex Receipt must be transferred when the business S sold, business name has clanged or you have moved the - • business location.This receipt does not Indicate that the business is legal or that • • - it Is in compliance with State or local laws and regulations. i I Mailing Address: KAREN HOOVER Receipt 010P-14-00020133 6555 N POWERLINE .RD 41306 Paid 08/05/2015 33.00 j PORT LAUDERDALE, FL 33309 _ • :i 5 2015 - 2016 y`- S 1 E CITY OF FORT LAUDERDALE BUSINESS TAX YEAR 2015-2016 BUSINESS TAX DIVISION 100 N.ANDREWS AVENUE,1ST FLOOR,FORT LAUDERDALE,FLORIDA 33301 (954) 828-5195 Business ID: 9701n$Ps3time 2426555 NW 9 n . '53� "e STAFFING CONN. /ACTION LABOR Business AddritYPFICE USE ONLY 725901 Tax Category: Tax# : Fee: STAFFING CONN. /ACTION LABOR 6555 NW 9 AVE #306 FORT LAUDERDALE, FL 33309 •••DETACH AND POST THIS RECEIPT IN A CONSPICUOUS PLACE*" x x Business ID: 9701242 Tax-Number: 725901 Business Name: STAFFING CONN. /ACTION LABOR Business Address: 6555 NW 9 AVE # 306 Business Owner: STAFFING CONN. /ACTION LABOR • • This Receiptis issued for the period commencing October 1st and ending September 30th of the years shown above. • If you have moved out of the city, please provide a written statement. • A transfer of business location within the city limits is subject to zoning approval. Please complete a Business Tax Transfer Application and bring it to our office to obtain the necessary approval. • A Transfer fee applies of 10% of the annual business tax fee. The fee shall not be less than $3.00, nor greater than $25.00. • If you have sold your business, please provide us with a copy of the Bill of Sale. Please be advised that this issuance of a Business Tax Receipt establishes that the business you Intend to conduct is a use permitted by the City Zoning Code for the location at which you Intend to operate. The Issuance of a Business Tax Receipt In no way certifies that the property located at this address Is in compliance with other provisions of the City Code of Ordinances. BUSINESS TAX DIVISION 100 N.ANDREWS AVENUE.1sT FLOOR.FORT LAUDERDALE,FLORIDA 33301 TEL (954)928-5195 FAx (954)828.5881 WWW.FORT LAUD ERDALE.GOV Rev. 6/10/2015 6i ----.., ACTILAB-01 LANED A ORC CERTIFICATE OF LIABILITY INSURANCE DATER TI 5/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATTVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. N SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(e). PRODUCER CONTACTAYE: Insurance Office of Arra/rice,Inc. Isepia A14Ha�,y(S61)778-0660 1(AJC,ILI Not (561)778-0670 1200 U Town Center .F University Blvd,Suite 200 ADDRESS: Jupiter,FL 33458 INSURER(,)AFFORDING COVERAGE NAIL A INSTREa A:Zurich American Insurance Company 16535 • INSURED 053wREa s;American Guarantee&Liability Insurance Company 26247 Action Labor Management LLC INSURERC 824 Nottingham Blvd. INSURER O: West Palm Beach,FL 33405 INSURER E; - INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • Win' TYPE OFINEURAMCE MD9DISWOO POUCY NUMWER uaR II�DYYYY7KY EFT IIMrWODI TETI, LIMA A X I COaNERCLAL GEMERALLIA91UTY I EACH OCCURRENCE I 1,000,E -� n CvINIBMAOE OCCUR PRA5864405-03 10/17/2015 01/10/2017 ' 5 TEDiSITaSEA0FonelFoL__ , 100,000 MED EXP(Ary Ors P•11110/ , 10,000 JPERSONAL 8 A0v Lv cart/ f 1,000,000 GENL AGGREGATE LMR APPLIES PER: GENERAL AGGREGATE I 2,000,E POLICY n AcOi ri Loc PRODUCTS-COMPIOP ACG $ 2,000,000 10111ER I AUTOYOHLE LIABILITY COMBINED SINGLE LOAIT I 1,000,000 (ER ommnl AAALL AUTO PRA4877711-03 10/17/2015 01/10/2017 BODE,INJURY ry«pawn) I ALL OWNED S�EO s �O BODILY W.M1WY(P.smart) I N0N O\WEJ PROPERTY DAMAGE X HIRED AUTOS X AUTOS (?.? 1) I II IXI UMBRELLA use X OCCUR I EACHOCCURFENCE I, 6,000,000 B (III— EXCEss UAB Cwus+awE UM85496980-03 10117/2016 01/10/2017 AGGREGATE 15 6,000,000 DEO I X I RETENTION I 10,000 I I I WORKERS COMPENSATION I PER STATUTE I IaR N N ANE I O Ea PLOY'EATUA&UT" TI ANY PROPRIETORPARDLIOJE(ECUT E n NIA bEL.EACH ACCIDENT 1 °FECESM MBER EtQUCEED] (Bondman. NIB E L.DIREARF.EA EMPLOY I o yys� RU.cmse wa OESCRIIOM OF OPERATIONS Iwbv ELDISEASE-POLICY[Lull 1 I A Professional Llab PRA5854405-03 10!17/2015 01/10/2017 Per Occurrence 1,000,000 DESCRIPTION OF OPERATIONS I LOCATO)B I WEN:CIEs(ACORD 101,AcklItknal Reon.&n.Eule.may es Mend I mon apace Is rsQAW) Coverage for work performed by employees of Action Labor of Flmtda. See Next page for Workers Compensation Coverage CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 'THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AITHOR: ED REPRESENTATIVE City of Sunny labs Beach 9: V1,1 i' -1-17:70 18070 Collins Aven7 ue v�7" LSunny Isles Beach 33160 ®1988-2014o1 ACORDACORD CORPORATION. All rights reserved. ACORD 25(2014!01) The ACORD name and logo are registered marks SW ACS O" CERTIFICATE OF LIABILITY INSURANCE our T1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES } BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED,the Follcylles)must have ADDITIONAL INSURED provisions or be endorsed- "If SUBROGATION IS WAIVED, subtect to the terms end conditions of the policy. certain policies may raoubo an endorsement A statement on Ws certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRmUCER SUNZ Insurance Solutions, LLC. ID: (Action) rein-LT f• Lisa Beaty do Action Labor Management LLC WOVE 624 Nottingham Blvd tic.rWI 352-667-2866 tr its): West Palm Beach, FL 33405 ADDRESS: 9sabeaty©loa,sa.mn INSURER(S)AFFORD=COVERAGE WAX• WHERE'A: SUNZ Insurance Company 34762 MOOtion Labor Management.LLC mammae: Aspen Re-London-Best Rating'A.- I ADba'Stafftng Connections Di:uma c: Chaucer Syndicate-Lloyds-Bast Rating'A.' Action Labor of Florida,LLC mums/o: Faraday Syndicate-Lloyds-Best Rath *A= 624 Nottingham Blvd , ,�R E: I INSURER„ West Palm Beach FL 33405 INSURER r: COVERAGES CERTIFICATE NUMBER: 30042052 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDr1TON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 04RI A1313311A13133110331-1POLICY EFF VOUCH Ell I LTR TTL OfIAIID.w-! Add LAW! POLICY MfI®FA rIRHTPYYWI Ie WDNYYYTI "OTS 4 I COME RCIAL 6EADM UL LIAAY EACHCCU ORRENCE I "ES1 RUC 1-1 CLANSUADE 0 CC GUN PAMAGE5(1Eaemfeercsf_,5 MED EC.(Aro Dm Deo() IS I PERSONAL 4 ADV LVURY Ie GE.vt AGGREGATE MUT APPLES PER: GENERAL AGGREGATE _II POLICY ri y.CT 1_I LOC PRONICRS-CO MYOP AGG I$ OTHER: - I I yntMI*I E UABRIT a�SINGLE UNIT l NAY AUTO BOOZY LNAIRY(Pm lawn) • AmosO cNAY A{fI05 ED DOOLY AWRY(h Ammnt) f • NJRED NONOAWED PNOPERTYDAWGE AUTOS ONLY — MOS ONLY .I?�P'dev.O I IL 1110REI•AUA! OCNR EKH(lCCtrWRENCE It [ACLU LIAO l—I LLANLSYAJE AGG2G.tE I I -- I DED I I DEIFY:1CW} l I I I A WORxERS COIPENSATION WCSTF0000324 02 7/10/2016 1/102017 I sTRR _u I Lilt”- ARD EMPLOYERS'UAetIY YIN WCSTF000032401 1/102015 1/10/2016 flTi NnvRDPRIETam9ARTIF_REAELInNE N'I NrA E.L.EACH CODES/ I 1,000.000 Or n%ZRLFuRFREACLUOED, ' (MYa�id� laey M 101 E L.DISEASE-EA EMPLOYEE f 1,000 000 DESCRPICW CC OPERATIONS ISR EL DISEASE-POLICY LIMIT 5 1,000,000 B Workers Compensation N TI'Js is for DCcfTmtional purposes C Excess Coverage and nothing shall create any right O I under such reinsurance. CESCRPRON OF OPEAATa"S I LOCATIOMS/VEHICLE!(ACORN ICI,ANDIlasal wmena scfscJAna7 tm HINDS If more.pace I.nit5•41 Workers'Compensation coverage applies only to those temporary employees assigned by Action Labor of Florida.LLC.but toes not extend any other rights or endorsements,unless explicitly requested. CERTIFICATE HOLDER CANCELLATION Cityof SunnyIsles Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE . THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 18070 Collins Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Sunny Isles FL 33160 . AUTHORIZED REPREMNTATTYE // I Glen J Distefano �'�fyVj/''�/ eD 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2015/03) The ACORD name and logo are registered marks of ACORD 1P042GS: I natter Cent/tear, I LI.A ant 14/T./NOIR I:1sn: FM Ion I PAs. I a: - IB U CITY OF SUNNY ISLES BEACH ,18070 Collins Avenue r:r f. . Sunny Isles Beach, Florida 33160 of- "4, ' _.-•y,=„S 305.947.0606 9. . 17•::`-•.= ,i r www.sibB.net 'S0- e - .. . -—___._______ — \ til "i , -:O..C. 4 1 q' ,o I.?.a su"' AFFEDAVETS 0 0 N Y Is � .. - Vs' U . I •s_:r i A ir F 1 * F L O 5 Ci t ). PCO OF SUN City of Sunny Isles Beach I Invitation to Bid No. 16-04-05 22 SIB s?H=rrr ....�,• itt NON - COLLUSION AFFIDAVIT t '�•-•, 12 j•• City of Sunny Isles Beach 15070 Collins Avenue MO s Sunny Isles Beach,FL 33160 m .,, Telephone:(305)947-0606 Fa.:(305)949-3113 STATE OF FLORIDA ) n ) COUNTY OF Rcar.62.1) ) The undersigned being first duly sworn as provided by law,deposes,and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will he retied upon by said County,in any consideration which may give to and any action it may take with respect to this Bid. The undemigned is authorized to make this Affidavit on behalf o�C\CT\ 1_-Pt\ iz klgre e ncnkf l (-0...__.( of Corporation.Partnership.Individual, c.) A a- re 4 ¶ AC,,.5.6,,.5.6 .formed under me laws of t`C \6.CA. ype of Business) (State) of which he is tPre5zprCct (Sole Owner,Partner,President,etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2. nor anyone else to the knowledge of the undersigned,have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City,also that no head of any department or employee therein,or any officer of the City of Sunny Isles Beach,Florida is directly interested therein. This Bid is genuine and not collusive or a sham;the person,firm or corporation named above in Paragraph 10.2 has not colluded,conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation,to put in a sham Bid,or that such person, firm or corporation. shall refrain from Bidding,and has not in any manner,directly or indirectly,sought by agreement or collusion,or communication or conference with any person,firm or corporation,to fix the prices of said Bid or Bids of any other proposers;and all statements contained in the Bid or Bids described above true; and further: neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2,has directly or indirectly submitted said Bid or the contents thereof,or divulged information or data relative thereto.to any association or to`any member or agent thereof. ' CCUt a \00•)C.a Qc-ES0(PI 4- Lip AFFIANT'S NAME AFFIANT'S TITLE TAKEN,SWORN AND SUBSCRIBED TO BEFORE ME this 23 day of r`R'� .20QI0 Personally'Known or Produced Identification • Type of identification (Affix seal here) KYS..PU41alta a printed or typed) _ ROCCO 0 PACIELLO .7' NOTARY PUBLIC STATE OF FLORIDA .-at' Commit FF041337 Expires 7/312017 DEC.Elarq 25.2010 1 of 10 p i tl 4J 3 ,t�M f,Sf f( PUBLIC ENTITY CRIMES aj ; . !_ City of Sunny Isles Beach 18070 Craps Avenue c —t e` Sunny Isles Beath.FL 33180 o, ,,,• Telephone:1705)947-0606 Fac(305)949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - '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 to perform Work as a Contractor, supplier, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach by e[1 A�)tL VteS2C�r1A ' C.E{) fpm me ua name a Ulel for Ac,- s n 1 PbCr 1' anAcAe t LLQ_ j(t1I name of enaly suonnunp sworn staienenil whose business address is: (, '4 r041/4 r hq m e1L8 • ut TpArr. 13eACk L 33(-1 OS and (if applicable)its Federal Employer Identification number(FEIN) is 6,5 10366, (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 11.2. I understand that a 'public entity crime' as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that 'convicted' or 'conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 11.4. I understand that an"affiliate'as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'affiliate' includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair °MEse[e 2e.2010 2 01 10 *`� S1B market value under an arm's length agreement, shall be a prime fade case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, X shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees. members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUN --.I .E. IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY e a •5, - , . ANGE IN -E INFORMATION CONTAINED IN THIS FORM. Signal e) P1J �no.,e� n (Prited /j'i (Title) Sworn to and subscribed before me this ,9 j day of f1\5'\A- , 2015o , by 9.zu OJE (AFFIX N•TAR TIO a r' NOTARY PUBLIC _`lo ' STATE OF FLORIDA Signature: o ry Publi - - ate of Florida 1.16"-I'' Corm*FF041337 �'W( a D- VI( (Pao ' Expires 7/31/1017 Print or Type Commissioned Name Personally Known / OR Produced Identification Type of Identification Produced 'wins 3 of 10 QS?. ,124 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach o. . 18070 CoM s Avenue • Sunny Is/ Beach,FL 33160 Telex ane_(305)947-0606 Far(305)949.3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. / Sign ��� Title: _ Ca) Firm: Ar-- \Dry Xt9 ho r\cxc c_menk, L LQ— Address: (95-55 N . ?owe \',(fie a. I 30,0 2E `-avAes-riniP , cL _ 33 OFC$uffa 28.2010 4 of 10 3 1V�—_�rrl • + .\:� CONFLICT OF INTEREST \` / City of Sunny Isles Beach 18070 Cnertc Avenue _- o o Sunny Isles Beach,FL 33160 o, w Telephone:(305)947-0606 Fa.:(305)949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112. Florida State Statutes. Propncars must disclose with their Bids, the name of any officer, director, partner,associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF 4' cncOCA BEFORE ME, the undersigned authority, personally appeared 1<0.(Fr.1 1C)C732,2 , who was duly sworn, deposes,and states: 18.1. I am the ?(eD Cien3 I C0 of /ACT`O(\uwa t1-nlAccmec*' with a local office in Folk \-0a,1Jktnk$t and principal office in l c9$k- \n1 VATeti 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. IL-0-1-CS desoribed as: Landscape Maintenance Services- The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State,or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients,contracts,or property interests for this project. 18.7 1 certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.8 I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach.( COP-,-1,11 ��oo1L� Dated this p23 _—dapelP@1p. �`re41 -k4cbOP�2 KAREI-' \\ccvEe, ?p.€SbD St + Ct O AFFIANT /.- /� _.� Print or Type Name and Title Sworn to an subscribed beforefome this 073 day of M1.\_ ,2&it.).Ol b 3/ Personally Known OR Q O Produced Identification ;Type of Identification NOTARY PUBLIC STATE OF FLORIDA ROCCO O PACIELLO !..'.. NOTARY PUBLIC 4;4 : STATE OF FLORIDA ii:.'s: Connti FF041337 - Expires 7/31/2017 CELE latia23.2010 5of 10 4 ♦±atter s c _ 7,- .. DISPUTE DISCLOSURE .);� ;i• City of Sunny Isles Beach 113070 tomos Avenue :10` Sunny Isles Beads,FL 33160 • ". .0 Telephone:(305)947-0606 Fa.:(305)949.3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? �I YES NO X 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? X YES NO / ` 19.3. Has your firm had against it or filed any requests for equitable adjusirnent, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? \/ YES NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. y I l + 3-1 inn Allo, 7 — Date KIAcP to \-\Ocu2F - Real O&rc I e . rthoriz-• igna ails.ePrint or Type Name and Title Ora uaty 28.2010 6 of 10 kt 0 L 3 NNT/_ s.'• ANTI - KICKBACK cii-.., C,1;:,-1 ,31,:::7,v. . r_ -�,]r_' / City of Sunny Isles Beach 13070 Cdlns Avenue �- :: ro� Sumrylsles Bach,FL 33160 Telephone:(305)942-0606 Fat:(305)9443113 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF bR0, I ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or .j-mber of my firm or by an officer of the corporation. _/ � . / _IIS_ 011111W Title: .i vThe foregoing instrument w acknowledged before me this 023 day of 1214`4- 20 /6 , by A7u Hoov 7l [name of pergon], as ( cS1Dc1JC CEO [type of authority], for Act\Cn Ldrwsz te 1ll.0 [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: / /'/ ROCCO 0PACIELlo Notary-Publ — s to of Florida .-i-,—... NOTARY PUBLIC r 7._ '''.: STATE OF FLORIDA 0CC(� P� C'LLQ `-One FF041337 F S7�1 7' Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced DECEv¢c 28.2010 7 of 10 s�^;Er City of Sunny Isles Beach ,t° ; 18070 Collins Avenue Z Sunny Isles Beach, Florida 33160 i,";;;;:„14-6-s,-Co 4,.. (305)947-0606 City Hall us ,u' '"� (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Fred A. Maas, Police Chief Michael A. Grandinetti, Police Captain DATE: 9/15/2016 Authorization to enter into an agreement and expend up RE to $114,962.00 annually with Action Labor Management d/b/a Staffing Connection, for School Crossing Guard Services. RECOMMENDATION: It is recommended that the City Commission adopt the attached resolution authorizing the Mayor to enter into a two (2) year agreement with an optional three (3), one-year renewals with Action Labor Management d/b/a Staffing Connection for School Crossing Guard Services. REASONS: Our Purchasing Department issued an Invitation to Bid (ITB)#16-04-05 and received five (5) bids. Staff has deemed Action Labor Management as the lowest responsive, responsible bidder. ADDITIONAL INFORMATION: Action Labor Management will provide an estimated ten (10) school crossing guards & one (1) supervisor at locations designated by the police department. Action Labor Management currently provides crossing guard services to 29 cities in five (5) different counties to include; The City Hallandale Beach, Dania Beach, North Bay Village and Homestead. 207 FUNDING SOURCE: Budget: Professional Services 001-3-5210-431000-00000 ATTACHMENTS: Description Resolution Agreement Item Number: 10.H. 208