HomeMy WebLinkAboutReso 2011-1724
RESOLUTION NO. 2011 - \11..4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 11-05-03
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 ONE HUNDRED TWEL VE THOUSAND NINE
HUNDRED FOURTEEN DOLLARS ($112,914.00), ATTACHED
HERETO AS EXHIBIT "A", BASED ON THE TERMS, AND
CONDITIONS LISTED IN THE BID RESPONSE, A TT ACHED
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 guard services; and
WHEREAS, the City issued and advertised Bid No. 11-05-03, for school crossing guard
services, for which six (6) 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 one (1) year with an optional four (4)
one-year renewals, in an amount not to exceed One Hundred Twelve Thousand Nine Hundred
Fourteen Dollars ($112,914.00), 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.
Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid
No. 11-05-03 to and enters into an Agreement with Action Labor Management d/b/a Staffing
Connection for school crossing guard services, for one (1) year with an optional four (4) one-year
R2011- School Crossing Guard Srvs (Bid 11-05-03)
Page 1 of2
renewals, in an amount not to exceed One Hundred Twelve Thousand Nine Hundred Fourteen
Dollars ($112,914.00), 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 effective upon adoption.
PASSED AND ADOPTED this 15th day of June 2011.
. , ATTEST:
&~L
Jane A. Hines, CMC, City Clerk
:: ..
Moved by:
c'OMM\S.<;loJ~(L t\t-l-lO~
toMW\.\~~\ o'! e~ S~~w
Seconded by:
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
~(Yes)
~ (Yes)
/(Yes)
~(Y es)
/(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2011- School Crossing Guard Srvs (Bid) 1-05-03)
Page 2 of2
AGREEMENT BETWEEN CITY OF SUNNY ISLES
BEACH AND ACTION LABOR MANAGEMENT
D/B/A STAFFING CONNECTION
CONTRACT NO. CIOII-056
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THIS AGREEMENT ("Agreement") entered into this v - day of ~'-' 2011,
by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal
corporation of the State of Florida, and ACTION LABOR MANAGEMENT DIB! A STAFFING
CONNECTION 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, the City issued Invitation to Bid No. 11-05-03 for School Crossing Guard Services,
and Contractor submitted a response thereto, a copy of which is attached hereto and incorporated herein
as Attachment "A"; and
WHEREAS, Contractor was selected as the lowest responsible, responsive bidder in response to
Invitation to Bid No. 11-05-03; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more
particularly described in Attachment "A" for a total amount not to exceed One Hundred Twelve
Thousand Nine Hundred Fourteen Dollars ($112,914.00).
NOW THEREFORE, in consideration of the premises and the mutual covenants herein names,
the parties agree as follows:
TERMS
1. RECIT ALS: The recitals set forth above are hereby incorporated into this Agreement and made
a part hereof.
2. SCOPE OF SERVICES:
2.1 Contractor agrees to furnish ten (10) individuals with the proper skills and certifications
necessary to perform the functions of school crossing guards ("Crossing Guards"), and one (1)
individual with the proper skills and certifications necessary to perform the functions of school
crossing guard supervisor ("Crossing Guard Supervisor"), for each school day, at the following
seven (7) d' d C . G d I . I d' hin the corporate limits of the City:
eSlgnate rossmg uar ocatlOns ocate wit
# Crossinq Location # of Guards Needed
1 183rd Street Collins Avenue 2
2 178th Street Collins Avenue 2
3 183rd Street Atlantic Blvd 2
4 182nd Street North Bav Road 1
5 178th Street Atlantic Blvd 1
6 182nd Street Atlantic Blvd 1
7 181 Drive North Bay Road 1
CIOII-056 CROSSING GUARDS AGREEMENT
Page I 0811 B
However, the numbers included in this Section are estimates, and may be revised pursuant to
Paragraph 3.5 of Invitation to Bid No. 11-05-03.
2.2 Contractor shall conduct a criminal background investigation, at its sole cost and expense, on each
Crossing Guard and Crossing Guard Supervisor hired in accordance with this Agreement. Contractor shall
employ only those individuals that have successfully passed the criminal background investigation conducted
by Contractor. Only those individuals who have successfully passed the criminal background investigation
shall be permitted to perform Services in connection with this Agreement.
Contractor shall employ only those individuals that are able to meet the physical requirements of the
job description as set forth by Contractor.
2.3 Contractor shall be required to provide Crossing Guard training consistent with the following:
A. Insure that all Crossing Guards have been trained and certified in accordance with the
"Florida School Crossing Guard Training Guidelines" before assignment to a specific post;
B. Insure that all Crossing Guards wear name badges identifying Contractor and the individual
Crossing Guard in order for parents, children, and teachers to identify the Crossing Guard
while at their post.
C. File all necessary paperwork with the appropriate governmental agency as required by
Federal, State, or local laws;
D. Maintain school crossing guard training as required for all new personnel hired, scheduled on
an "as needed" basis; and
E. Institute Crossing Guard annual retraining courses in order to insure that all current Crossing
Guards are retrained.
2.4 Contractor shall maintain a sufficient pool of Crossing Guards who have successfully completed the
background and medical screenings to act as substitutes in the event of the absence of those guards regularly
scheduled in accordance with this Agreement. The acceptability of such substitutes is contingent upon their
successfully completing all screening as contemplated in Paragraph 2.2 and 2.3 herein.
2.5 Contractor hereby represents to City, with full knowledge that City is relying upon these
representations when entering into this Agreement with Contractor, that Contractor has the professional
expertise, experience, facilities and manpower to perform the services to be provided by Contractor pursuant
to the terms of this Agreement.
2.6 Contractor assumes professional and technical responsibility for performance of its services to be
provided hereunder in accordance with recognized professional standards, and as required pursuant to Florida
Statutes.
2.7 City shall identify for Contractor all initial locations at which Contractor shall station Crossing
Guards and the required hours for such services. A copy of the list of initial locations where Crossing Guards
CIOII-056 CROSSING GUARDS AGREEMENT
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18
shall be stationed and the hours for the Crossing Guards to be stationed is included herein in Paragraph 2.1
above. City reserves the right to change the hours of service, as well as the post locations for the Crossing
Guards upon providing no less than three (3) days written notice to Contractor.
2.8 Contractor agrees that in addition to 10 Crossing Guards, there will be one (1) Crossing Guard
Supervisor ("Crossing Guard Supervisor") appointed. The Crossing Guard Supervisor shall be certified by
the State of Florida Department of Transportation. The Supervisor shall be responsible for the following:
A. Overseeing the Crossing Guards while performing their job duties assigned hereunder and
report the status of any and all such activity to City upon request.
B. Insuring that all Crossing Guards report to their posts on time and remain at their posts for the
required time;
C. Providing a substitute guard in the event of an absent Crossing Guard;
D. Performing the duties of a Crossing Guard if and when necessary;
2.9 Contractor shall direct, control and supervise the details of the work performed by the Crossing
Guards and the Crossing Guard Supervisor, and shall travel with the Crossing Guard Supervisor on a periodic
basis to insure that the Crossing Guards adhere to policies and procedure applicable to Crossing Guards.
2.10 Contractor shall send a letter of introduction and notification to the school's principal to advise the
school principal of the Contractor's contact person in the event the school administration needs to contact
Contractor.
2.11 Nothing contained in this Agreement shall entitle Crossing Guards or Crossing Guard Supervisor to
any benefits or compensation from City.
2.12 Contractor shall comply with all technical specifications set forth in Section 3 of Invitation to Bid
No. 11-05-03.
3. TERM AND OPTION TO RENEW. This Agreement shall commence upon the effective date
stated in a Notice to Proceed issued by the City Manager or his designee, and shall remain in effect for
one (1) year thereafter. Prior to, or upon completion of the initial one year term, the City shall have the
option of renewing the term for four (4) consecutive one (1) year terms.
4. COMPENSATION. Contractor agrees to provide the desired Services for a total amount not to
exceed One Hundred Twelve Thousand Nine Hundred Fourteen Dollars ($112,914.00). In the event the
City elects to renew this Agreement for any renewal term, the City may consider an adjustment to price
based on the procedure set forth in Section 2, Paragraph 2.4 of Invitation to Bid No. 11-05-03.
4.1 The City hereby agrees to pay Contractor for the faithful performance of this Agreement, the amount
of 12 and 75/100 ($12.75) dollars per fixed hourly rate per Crossing Guard, and the Crossing Guard
Supervisor, per Attachment A. Additionally, any increase in this amount for subsequent terms shall be
pursuant to Section 2, Paragraph 2.4 of Invitation to Bid No. 11-05-03 and budgetary funding and approval.
CIOII-056 CROSSING GUARDS AGREEMENT
Page3 of I S I 8
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.
5. APPROPRIATION OF FUNDS. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the
event the City Commission fails to appropriate funds for the Services during any term of this Agreement,
this Agreement shall be terminated upon thirty (30) days written notice and the Contractor shall be
compensated only for services satisfactorily performed prior to the date of termination.
CIOII-056 CROSSING GUARDS AGREEMENT
Page 4 of I IS
18
6. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work
being performed under this Agreement, procure and maintain the following minimum insurance coverage
to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its
agents, sub-Contractors or employees, as indicated below:
Comprehensive General Liability with minimum limits of Two Million Dollars ($2,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
o Premises and Operation
o Independent Vendors
o Products and/or Completed Operations Hazard
o Broad Form Property Damages
o Broad Form Contractual Coverage applicable to this specific Agreement, including any
hold harmless and/or indemnification agreement.
o Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
o Owned Vehicles;
o Hired and Non-Owned Vehicles;
o Employers' Non-Ownership.
Before starting the Services, the Contractor shall be required to file and make sure that all certificates of
insurance required by this document and by this Agreement are in the City's possession. These
certificates shall contain a provision that the coverage afforded under the policies will not be canceled or
materially changed until at least thirty (30) days prior written notice has been given to the City by
certified mail. The City shall be named as an additional insured on the above-referenced policies.
The Contractor agrees that if any part of the Services under this Agreement is sublet, they will require the
Sub-contractor(s) to carry insurance as required, and that they will require the Sub- contractor(s) to
furnish to them insurance certificates similar to those required by the City in this section.
If any insurance should be canceled or changed by the insurance company or should any insurance expire
during the period of this contract, the Contractor shall be responsible for securing other acceptable
insurance to provide the coverage specified in this section to maintain coverage during the life of this
Agreement. All deductibles must be declared by the Contractor and must be approved by the City
Manager or his designee. At the sole option of the City Manager or his designee, either the Contractor
CIOII-056 CROSSING GUARDS AGREEMENT
Page 5 of 11 S
10
shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to
the City Manager or his designee, covering the same.
7. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest
extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives,
officers, directors, officials and employees from and against claims, damages, losses and expenses
(including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating
to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating
to professional Services performed under this Agreement.
The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives,
officers, directors, officials and employees shall arise in connection with any claim, damage, loss or
expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or
destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts,
errors, mistakes or omissions related to Services in the performance of this Agreement including any
person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties
agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the
indemnification set forth in this Agreement.
8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent
Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any
action of the parties shall be construed to constitute or to render the Contractor an employee, partner,
agent, shareholder, officer or in any other capacity other than as an independent Contractor other than
those obligations which have been or shall have been undertaken by the City. Contractor shall be
responsible for any and all of its own expenses in performing its duties as contemplated under this
Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall
have no duty to withhold any Federal income taxes or pay Social Security services and that such
obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall
furnish its own transportation, office and other supplies as it determines necessary in carrying out its
duties under this Agreement.
9. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a
timely manner or otherwise violate any of the covenants, agreements or stipulations
material to this Agreement, the City shall have the right to terminate the Services then
remaining to be performed. Prior to the exercise of its option to terminate for cause, the
City shall notify the Contractor of its violation of the particular terms of the Agreement
and grant Contractor ten (10) days to cure such default. If the default remains uncured
after ten (10) days the City may terminate this Agreement, and the City shall receive a
refund from the Contractor in an amount equal to the actual cost of a third party to cure
such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement,
City shall pay for services rendered as of the date of termination.
1. 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
CIOII-056 CROSSING GUARDS AGREEMENT
Page 6 of II
S/8
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.
11. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the Agreement by
Contractor and the City may reasonably withhold payment to Contractor for the
purposes of set-off until such time as the exact amount of damages due the City
from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without cause
terminate the Services then remaining to be performed at any time by giving Contractor ten
(10) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable
hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the remaining
Services to be performed in the event the Contractor is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
D. Termination bv Contractor. In the event the Contractor abandons this Agreement or causes
it to be terminated, then Contractor shall indemnify the City against any loss pertaining to
this termination up to a maximum of the full contracted fee amount.
10. FORCE MAJEURE. City and Contractor will be excused from the performance of their
respective obligations under this agreement when and to the extent that their performance is delayed
or prevented by any circumstances beyond their reasonable control including, fire, flood, explosion,
hurricane, strikes or other labor disputes, act of God or public emergency, war, riot, civil
commotion, malicious damage, act or omission of any governmental authority, delay or failure or
shortage of any type of transportation, equipment, or service from a public utility needed for their
performance, provided that:
(a) the non-performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its
expected duration and continues to furnish timely reports thereto during the period of the Force
Majeure;
(b) the excise of performance is of no greater scope and of no longer duration than is required
by Force Majeure;
(c) no obligations of either party that arose before the Force Majeure causing the excuse of
performance are expected as a result of the Force Majeure; and
(d) the non-performance party uses its best efforts to remedy its inability to perform.
11. BACKGROUND CHECKS. The Contractor and all personnel employed by them shall be
required, at their sole cost and expense, to pass a criminal background check prior to commencement of
Services under this Agreement, and every renewal term thereof. The criminal background check shall
consist of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information
CenterlNational Crime Information Center ("FCICINCIC") criminal records check. Any employee not
meeting this requirement will not be permitted to perform Services under this Agreement. The Contractor
shall be required to provide documentation providing compliance with the requirements of this section.
CIOII-056 CROSSING GUARDS AGREEMENT
Page 7 of liS I 8
The City reserves the right to require that the Contractor's criminal background checks be conducted by
the City's Police Department, at the Contractor's sole cost and expense.
12. RECORDS: Contractor shall keep books and records and require any and all subcontractors to
keep books and records as may be necessary in order to record complete and correct entries as to personnel
hours charged to this Agreement, and any expenses for which Contractor expects to be reimbursed. Such
books and records shall be made available at all reasonable times for examination and audit by City and shall
be kept for a period of three (3) years after the completion of all Services performed pursuant to this
Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by
City of any fees or expenses based upon such entries.
13. COMPLIANCE WITH PUBLIC RECORDS: Pursuant to Chapter 119, Florida Statutes,
Florida's Public Records laws, Contractor shall maintain and make available for inspection any and all
business records generated pursuant to this Agreement as required by law.
14. COMPLIANCE WITH LAWS: Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this
Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses,
approvals and consents necessary for the lawful conduct of the activities contemplated under this
Agreement. Specifically, Contractors shall comply with all applicable conflict of interest provisions as
provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section 62-
16 entitled "Ethics in Public Contracting." As provided in Section 62-16, Code of the City of Sunny Isles,
the City Commission may terminate this Contract for violation of the above-referenced ethical standards.
15. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the
City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of
substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is
personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its
obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted
assignment or delegation shall be deemed of no legal force and effect whatsoever.
16. GOVERNING LAW: The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of the State of
Florida, without regard to principles of conflict of laws thereof. The location of any legal action or
proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida.
17. CONFIDENTIAL INFORMATION: The Contractor shall not, either during the term of this
Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor
shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other
than in the discharge of the duties of the Contractor under this Agreement, any information which the City
designates in writing as "confidentiaL" As a violation by the Contractor of the provisions of this Section
could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the
City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the
Contractor in a court of equity for violating such provisions.
CIOII-056 CROSSING GUARDS AGREEMENT
Page 8 of II,
SIB
18. NOTICES: All notices and other communications required or permitted to be given under this
Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided
herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by
guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with
confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage
prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service),
addressed to such party as follows:
If to the City: Alan J. Cohn Hans Ottinot, Esq.
City Manager City Attorney
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins Ave. 18070 Collins 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: Karen Hoover, President
Action Labor Management d/b/a
Staffing Connection
6555 N. Powerline Rd. #306
Ft. Lauderdale, FL 33309
Ph: (954) 776-3444
19. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance
with the procedures, rules and regulations of the American Arbitration Association. The decision
rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in
Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be
paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible
for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the
court on confirmation.
20. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable by a
court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding
upon the parties with the same effect as though the void or unenforceable provisions had been severed and
deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which shall be
deemed an original for all purposes.
CIOII-056 CROSSING GUARDS AGREEMENT
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C. This Agreement, together with Invitation to Bid No. 11-05-03 for School Crossing Guard
Services, and Contractor's response thereto, shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and
written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed by the
parties to this Agreement.
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.
F. In the event of a conflict between the terms and conditions of this Agreement and any other
document, the terms and conditions of this Agreement shall prevail.
G. Under no circumstances shall the Contractor be entitled to incidental, punitive, indirect or
consequential damages, including but not limited to lost revenue or lost profits, as a result of termination
of its Services under this Agreement.
[remainder of page intentionally left blank]
CIOII-056 CROSSING GUARDS AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the
day and year first written above.
(,0'
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ACTION LABOR MANAGEMENT DIBI A
ST AFFIN aNN TION/ .
WITNESSES:
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C;;olYlE.'L .
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ATT,EST: ,';
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Jane Hines, CMC, City Clerk
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CITY OF SUNNY ISLES BEACH, a municipal
~-a'o of the State of Flori a
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By:
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By:
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CIOII-056 CROSSING GUARDS AGREEMENT
Page 11 of I S I 8
DEUVER TO:
City of Sunny Isles Beach
CIty Clerk
18010 Collins Avenue
Sunny Isles Beach, FL 33160
INVITATION TO BID
SECTION 4 .
BID SUBMITTAL FORMS
OPENING: 10:00 A.M.
OS/25/11
PLEASE QUOTE PRICES F.O.B. DESllNATION, LESS TAXES, DELIVERED IN
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: aty of Sunny I?les Beach Is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon r.equest.
Issued by:
PurchasIng Agent
Date Issued:
05/09/11
This Bid SubmIttal ConsIsts of
Pages 23 through 27
Sealed bids are subject to the Terms and Conditions of this Invitation to BId and the accompanying Bid
Submittal. Such other contract provIsions, specifications, drawings or other data as are attached or
Incorporated by reference In the BId Submittal, will be received at the office of the aty Clerk at the
address shown above u,ntii the above stated time and date, and .at tliat time, publicly opened for
furnishIng the supplies or services described In the accompanying Bid Submittal Requirement.
IF811"05"03"
School Crossing Guard Services
A Bid Deposit In the amount qf Oo~o of the total amount of the bId ~hall accompany all bids
A Performance Bond In the amount of 0% of the total amount of the" bid wlfI be "required upon execution
of the contract by the successful bidder and Oty of Sunny Isles Beach
Procurement Aaent:
MarcanthonyTulloch
Firm Name:
;'\r~'OI) IAhoe. ttAtJA<=)f"Mr"n-f /
~ '
5tc.ft=~ ~ Coni1ecrl-l c;:)
Commodity Coders):
990-27
RETURN ONE ORIGINAL AND FOUR (4) COPIES OF BID SUBMIlTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 27 OF SECTION 4 BID SUBMIlTAL WILL RENDER YOUR BID NON"
RESPONSIVE
PAGE 23 Of 28
BID No. 11-01-01
BID FORM
School Crossin Guard Services
# Description . Est Hours I Hourly Rate
Annuall
1 School Crossing Guard Supervlsor 1,080
2
PAGE 24 OF 28
BID No. ll-Ql-01
School Crossing Guard
7,776
Extended Price
SECTION 4
810 SUBMIITAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART [ OR PART IJ, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN
CONNECTION WITH THIS BID
Addendum #1, Dated \eC-e'l0-eA
Adde~dum #2, Dated r e.ci\ J ~& .
Addendum #3, Dated.
Addendurit'#4, Dated
Addendum #5, D~ted
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
D NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME: .A
~*; ''j ~(\I")ed let
5-d-~-11
PAGE 25 OF 28
Bm No.. 11-01-01
Addendum No.1
CITY OF SUNNY ISLES BEACH
Crossing Guard Services
CITY BID NO. 11-05-03
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 otherwis~.
}>- Request Tor Clarification:
. What is the hourly bill rate being charged by your current vendor?
The current rate is $14 per hour. .
. Must we provide the bond if awarded this contract? Are there ,any
amendments? .
No bond is required. All addenda have been posted on www.demandstar.com
END OF SECTION
Addendum No.2
CI1Y OF SUNNY ISLES BEACH
Crossing Guard Services
CI1Y BID NO. 11-05-03
To.AII 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.
Section 2.0 Paragraph 2.5 shall be replaced with the following;
. METHOD OF AWARD
Award of this contract will be made to the lowest responsive; responsible vendor .who
submit an offer on all items listed in the solicitation and whose offer represents the.
lowest price when all items are added in the aggregate. If a vendor fails to submit an .
offer on all items, its overall offer will be rejected. In addition to other City and contract.
requirements, all bidders shall meet or exceed the followiJig qualification requirements
to qualify" for this contract;
1. Maintain an office staffed by competent company representatives authorized to
discuss matters pertaining to the contracted service, who can provide.
information, and who are cognizant of the industry and industry standards.
· A list of the firm's key" personnel, including their roles and contact information,
shall _ be included with the bidder's submittal. The list shall include the
personnel's applicable experience and their qualifications. This document
shall demonstrate to the City's satisfaction that the bidder's staff meets tne
requirement described in the paragraph above.
2. Shall be regularly engaged in the business of providing crossing guard services.
II Two (2) current references, consisting of existing customers, shall be listed in
the bidder's submittal. The references listed must be customer that are
currently receiving or have recently received from the bidder the services
described in this solicitation. The references mu~t include the customer's
company name, and the name, title, address, and telephone number of the
contact person who can verify that the bidder has successfully provided the
and .services that the bidder is offering under this solicitation. These
references shall ascertain to the City's satisfaction that the bidder has
sufficient experience and expertise. References from firms in the south
Florida region are preferred.
END OF SECTION
BID SUBMITTAL FORM
Bid Title: School Crossing Guard Services
The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of
Sunny Isles Beach and to perform and furnish all Work 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 Proposers accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to
Proposers. This Bid will remain subject.to acceptance for 90 days after .the day of Bid opening. The Proposer agrees to
sign and submit the and other documents required by the Bidding Requirements within ten days after the date of the
City's Notice of Award.
In submitting this Bid, the proPoser represents, as more fully set forth in the Agreement, that:
. The Proposer 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 Proposer has given the City wrItten notice of all conflicts, errors,
dlscrepancleS that it has discovered In the Contract Documents and the wrltte"
resofution thereof by City Is acceptable to the ProjJoser. .
. 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 ~nformity with
any agreement or rules of any group, assodatlon, organization, or "corporation;
the Proposer has not directly or Indirectly Induced or solicited any other
Proposers to submit a faise or sham Bid; the Proposer has not' solicited or
Induced any person, firm or 'corporation to refrain from Bidding; and Proposer
has not sought by collusIon to "obtain for itself any advantage over any other
proposers or over the City.
The City and the successful Proposer will establish completion times for each Individual Work Item and
the successful Proposer agrees that the work will be completed wIthin the time frames agreed upon and
stipulated In the Individual Purchase Orders and/or Notice to Proceed.
. FIRM" NAME:
/~\ c- +\ 00
Street Address:
G,55S" 10. .YO(A)e.e.L\fJe 'Rd.*~: +.t. ko.uderJAle., FL 3330Q
Mailing Address (if different):
L-A\:oL H?\0AG.CMt"J-t I ~-to~ (v6 Ca0.ue.c.tio~
PAGE 26 OF 28
BID No.
Telephone No. <1'5'-\. --n (.p. 314 q t..\ Fax No. 95Y. II to- 841l.o
Email Address: ~cm\<;,<9- k*~o~ \ AbelL. roM FEIN No.laJ5 -lJ!l/3J1.Jidld:l-
* "BY SIGNING THIS
--" .
TITLE:' ~rec:;:r:DP(L\-t
THE EXECUTION OF nus FoRM CONSTITUTES THE UNEQUIVPCAL OFFER OF PROPOSER TO BE BOUND
BY 11iE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOUCITATION WHERE INDICATED ABOVE
BY.AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY
MAY,HOWEVER, IN ITS SOLE OISCRETION, ACCEPT. ANY PROPOSAL THAT INClUDES AN EXECUTED
. DOCUMENT ~ICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS 9FFER. .
PAGE 2.7 OF 28
BJoNO.
AFFIDAVITS
PAGE 28 OF 28
BID No.
.NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach. FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORlDA \
COUNTYOFBalW;l~ . )
The undersigned being first duly swom as provided by law, deposes, and says:
Thls 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 be
relied upon by said County, in any consideration which may give to and any action Jt may take with respeclto this Bid.
The undersIgned is authorized to make thIs Affidavit on behalf of,
A(\~"\"\()rJ L~ br;e. HA~G,f"Nf'm-t lS6Jf'\ ~ Conne.c-\ ~o~
(Name of Corporation, pa ersnip, Individual, etc.) .
of which he Is
a'~e'd- ..$\QJt;~
TyPe fBuslness)
~r-e C) :CJ)f>(I'"\-t
(Sole Owner, Partner, President, etc.)
. fanned under the laws of t\0Rida.
(State)
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 actlon for thls Bid by the City, also that no head of any
department or employea therein, or any officer of the City of Sunny Isles Beach, Aorida is directly Interested thereIn.
Thls 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 8trf proposers or person, firm or corporation, to put In a sham Bid, or that such person, firm or
corporatlon, shall refrain m Bidding, and has not In any manner, dlreclfy or Indirectly, sought by agreement o~ collusIon, l?r communlcallon
or conference with any p rson, 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 desCli above true: and further; neither the undersigned, nor the person, firm or corporation named above In Paragraph
10.2, has directly or Ind ctfy submitted said Bid or the contents thereof, or divulged infonnation or data relative thereto, to any association or
to any mt~ber or age thereof. .
yc-~-:+-~~
AFFIANT'S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME thl~ of
or Produced Identificalfon
\1/1- V
/
. 2rxJJ
Personally Known
Type of Identification
(Affix sealbere)
~.
NOTAR'f PUBLIe-S'l'A'l'E OF FLORIDA
~"'"'''''''' Maritza Gomez
~ ~: Co~siOD #DD88455Q
"",,,...,,.: Expires: APIt 2,. 2013
BOI'fDEb nlRU ATL.'.lmC BONDING co., me..
[)EcEMB~li28. 2010
1of?
PUBLIC ENTITY CRIMES'
City of Sunny Isles Beach
18070 CollfnsAvenue
Sunny Isles Bea.ch, FL 33180
Telephone: (305) 947-0608 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC E~TITY 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 Sunnv Isles Beach
by ~U'~a1S~rt~\Jd-' .
for -\-"0
nnlllll8 en su
io.J
whose business address is: . -;:>d
(r ~S r-.J. '"?r.A..tX:e.\ II,~ ---D . -#r ,,~
+r.e-l LQ\x\e(~I-f', +L 3~~O!
and (if applicable) its Federal Employer Identification number (F.EIN) Is {5- 1038' (11 2 '"2.. .
(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 transactioh. 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. J 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 J, .
1989, as a result of a jury verdict, non-jury trial, or entry of a p'lea of guilty or nolo contendere.
11.4. I understand that an "affiliate" as defined in Para. ~87.133(1)(a), Florida Statutes, means:
e.) 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
OEcEMBER 28. 2010 2 of 7
'.
market value under an arm's length agreement, shall be a prime facie 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. r 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 rel~tion to the entity
submitting this sworn statement. (Indicate which statement applies.)
..si.- Neither the entity submitting this sworn statement, nor any of It's officers, directors, executives, partners,
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 t
1989.
The entity submitting this sworn statement. or one or more of its officers, ~irectors. executives, partners,
shareholders, employees, members. or agents who are active in the management of the entity, or an
affiliate cif 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 Offic~r 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 6f 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.ONL Y AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF T~Cf-h{:NDAR YEAR. IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM.]}-Ic/uBLlC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD A OO.,....N'I' J~ROVIDED IN SECIlON 287.017, FLORIDA'
STATUTES, FOR CATEGORY TWO OF ANY, CH.A..NG JNlH ~F: !RMA'ilOJ'fC5i\iTAINED IN THIS FORM.
---- .
/// By:
~__(Slgnjl re) /C\
l1...Alt"'rV '" OOV-eL.
(Prlo@d Name) --\-
~r es-:r ~r='{"') J
(Tltle) r<- (/l
PJ-s;ygrn."to and bscribed before ~ this d ( ..day of yY/ frY
I' f'(..e;,....; 0 ~ - t"1Z f s,' d €...J '-. /
(AFFIX Nq.,01-fi.y ~Aii~ORIDA
......,,'.., Maritza Gomez
tw....i Commission # DDB84556
~~i Expires: APR. 27,2013
BONDED TIIRU ATLhN'IlC BOIlDI t1G co.. ~c.
, 20-.LL, by
Personally Known X OR Produced Identification
-- '
Type of Identification Produced
1011998 3 of 7
/
EQUAL OFF OR TUNITY /
AFFIRM'A TrVE ACTION
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Fl 33160
Telephone: (305) 947-0608 Fax: (305) 949-3113
EQUAL OPPORTUNITY I 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 r~.lIlations prohibiting discrimination based on race,
color, religion, national reg,i011, sexrcfge, handicap, marital status; and political affiliation or
belief. . ///'
v/
.--
". ....
~......
TItle: :Vre<):rOf~-r
Firm: Ac-\-\('),0) C\bdL HAt-J~.~r3:1_.5To.-\tiNj
Address: ~S'S5 10 . ~u.(\f\{> ~. ~~
+;.R.~ illvde\6A \e I .\ l "3 ~~
DECEMBER28,2010
40fi
CoNrJe..e\ \~
CONFLICT OF INTEREST
City of Sunny Isles Beach
1 B070 Collins Awn ua
Sunny Isles Beach. FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, assodate or agent who is also an officer or employee of the
crty of Sunny Isles Beach or Its agendes.
STATE OF FL~&DA l
COUNTY OF XU r;(r;!}
BEFORE ME, the undersigned authority, personally appeared \-<.ct.rf,J ~\roJfL
deposes, and states:
18.1. I am the -:p res:t. ~-\ of
Act\~ lA I:AP 'I ~m(:r.."\"; rCf1\~ a local office In -"ft.k t-avIdof'n:{p. '\-r I fL and principal office In
(..0(5..... \pI'" ~~.FL .'
18.2. The above named entity Is submitting a' Bid for the City of Sunny Isles Beach, Bid No.lI- 05. 03 described
as: Landscape Maintenance Services. !he AffIant has made diligent Inquiry and provides the Information contained in this
Affidavit based upon hIs own knowledge.
, who was duly sworn,
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 entitles submitting Bid~ 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 otherwlse taken any action In restraints. of free competitive pricing In connection with the entity's submlttar 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 anyone associated with them, is presently suspended or otherwise Ineligible from
participation In contract letting by any local, state, or Federal Agency.
1Q.G Neither the ~ntity, nor its affiliates, nor anyone associated with them have any potential conflict of Interest due to any
o~er clients, contracts; or property interests for this project
18.71 certify that no member of the entity's ownership or management Is presently applying for any employee position or
actively seel<lng 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 l1ot1fy the City o~ny Isles Be~
. ad this ~ V day of /9- , 20f'l.
€ S; I ct./f....)
FIANT ~ or Type Name and Title
Sworn to and subscribed before me this ;;. r; day of ~ 7 ' 2011.
~ Personally Known OR
o Produced Identification : Type 0 dentificatlon
NOTARYPUBLlC STATE OF FLORIDA
oT~!1e ATE 011 FLOlUDA
N ,,"'!:,. Marit7,a Gomez
t~i'~ Commission # DD8S4556
~. '!ilff.i ExPires: APR. 27, 2013
.'......",. ._ n'TICllofflllNGCo..IllC.
IlOHDJm nIRl1 "" "MU.
5of7
OecEMBER 2B. 2010
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a "xn after "Yesn 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?
YES
NO \)(
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? .
YES
NO
~
19.3. Has your firm had against it or filed any req.uests for equitable adjustment, 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 K. If yes, state the nature of the request for equitable adjustment, contract
claIm, litigation, or protest, and $t~ a brief description of the case, the outtome or statUs of the suit and the
monetary amounts of extended contract time Involved.
l hereby certify that all statements
misrepresentation of falsification of fa
for the CIty of Sunny Islef ch.
ade are true and agree and understand that any misstatement or
shall be cause for forfeiture of rights for further consideration of this Bid
nntt.-1 i c,,,J 5- ;) )- 2 0 II
Date J
J-<:CA're0 \--loovet - T reS4"cr,L-Tt
Print or Type Name and TItle
60f7
DECEMllER2B.2010
)
ANTI-KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI-KICKBACKAFFIDAVIT
STATE OF FLORIDA
COUNTY OF Bccux~l~
)
)
).
If 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 Beachr--;@ elected officials as a
commission, kickback, reward or gift, directly or indirectly by me I>any membe(of my firm or
by an officer of the corporation. / .
foregoing
~. .
instrument Wa~ledged~:re me this .;;>-cf day of
~ by ~F--J #(70 v'G" -( [name
s / cI Po [type of authority], for
e;:' ';f-M#. - e of party on behalf of whom instrument was
N6'l'Ai\Y ~L1e.a'l'A'fE t}P FL6RIDA
"""" Maritza Gomez
{W\ eouunIssion IDD884556
~.~jExpires: APlt27,201~
"-"",,, ""I1&:ru.NTlCBoNlllliG co..!Nc.
llONDED'J1.... ..
t~ of Florida . .~
Vf1I?ITM G041r;~
Print or Type Commissioned Name
AFFIX NOTARY STAMP.HERE:
Personally Known V OR Produced Identification
-Type of Identftlcati~
DECEMBER2B,2010
70f7
. *Staffing Connection's Qualifications/Scope of Services * .
staffing Connection has contracts throughout the state ofl'lorida including cities in Dade,
Broward, Lee and Palm Beach Counties to provide School Crossing Guard services. This
is a separate division and is managed by State Certified School Crossing Guard Trainers .
since 200 i and is considered by many to be the most knowledgeable outside contraqtors.
of school crossing guards in the area. We are contract-ed by 25 cities currently anq have
'over 600 certified crossing guards working in the field on a daily basis. Additionally we
have over 35 certified trainers' employed and working in the field.
The very unique recruitment skills of the staff coupled with. our vigorous trairiing
program has made it possible for us to hire and maintain crossing guards that are
professional and have the skills and. knpw how to make the right, calls, .
StaffingConnectionlAction J;.abor is a proud member of the National Safety Council ~d
the Soutli Florida Co:nstruction Safety and Health Partnership (CA.RE.P.). We take:full
responsipility and a leadership rol~ in providing a s.ound safety and he~th program., and
for ensuring its effectiveness in maintaining safe working conditions.
. .
We tram and certify according to the "Florida School Crossing Guard Training
Guidelines" before po!1t assignment. We do background, drug screening and reference
checks on all newly registered school crossing guards hired through Staffing .
. ConnectionJ Action Labor.
We provid~ required ~quipment 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 Le.: (vest, gloves and whistle). MUTCD has passed that all crossing
guards must use a specific stop paddle by January I, 20 11. We are prepared to supply the
required equipment and properly train all guards.
in addition, Staffing Co~ection trains all guards according to Florida School
Crossing Guard Guidelines, by onr certified staff. Post observations are done
regmarly' and reports are completed weekly.
Daily maintenance of all guards.
Background and drug testing on all new hires.
A:ll guards covered by Sta:ffing Connection Liability and Workers Compensation.
State Certified supervisors are in the field wor~g and supervising the guardls daily.
Our Staff
Sharron Cook - Branch Manager
Staffing Connection - 6/2010 - Present
FDOr Certified Trainer - Oversee branch operatj.ons.
20 years experience in staffing management, re'cruiting and training.
15 years experience in human resource management.
Joanne Duty - Resource Placement Administratorlfrainer
Staffing Connection - 1998 - Present
12 years experience as a certified FDbT Crossing Guard Trainer
8 years experience in staffing of Crossing Guard Pro grams in Broward County
5 years staffing of Crossing Guard Program for City of Coconut Creek
7 years experience working as a field supervisor and crossing guard
'--
Nancy .Jimenez - Personnel AdininstratorlTrainer
Staffing Connection - 2005 - Present
Nancy is a cei.-tified trainer. Nancy recruits, interviews and trains our crossing guards.
. 5 years experience staffing of Crossing Guard Program for the City of Coconut Creek
5 years experience as a certified FDOT Crossing Guard Trainer
10 years experience in human resourc~ administration
Therese Murray - Palm Beach SupervisorlTrainer
Staffhig Connection - 2005 - Present
Therese is a certified trainer. Therese recruits, interviews and trains our crossing guards.
In addition, she spots checks our field- supervisors, Therese worked as a crossing guard
and field supervisor for a local city four years prior to joining Staffing Connection.
9 years experience as' a certified FpOT Crossing Guard Trainer
4 years experience as" a crossing guard
Vicki Miller - SupervisorlTrainer
Staffing Connection - 2003 - Present
Vicki is a certified trainer. Vicki is responsible for coordinatirig with the state. She
prepares the content for our classroom and field training classes. Oversees our testing
materials to ensure that oUr guards receive top notch training and tested in compliance
'?lith state regulations. .
. 7 years experience as a certified FDOT Crossing Guard Trainer
Tyears experience training crossing guard in the classroom and field
20 years experience in human resource aflminiRtration
Page one of four
References for
Staffing Connection/Action Labor School
" Crossing Guard Division
Staffing Connection! Action Labor started the School
Crossing Guard division in 2001. Currently we provide
crossing guard services to 25 cities in four different
counties. Listed below are 19 citi~s we are currently
contracted with. Additional city references are available
upon request.
Lee County Sheriff's Office
14750 Six Mile Cypr:ess Parkway
Fort Myers, FL 33912
Lieutenant Drzymala
239-477-1378
46 post locations, providing services since 2001
city of Fort Myers
Fort Myers Police Department
2600. Dr. MartiJi. Luther King Jr Blvd. Suite 101
Fort Myers, FL 3~902
Sergeant Kenneth Leach
239-321-7700' .
11 post iDeations, providing services since 2004
qty of Coconut Creek
4800 West Copans Road
Coconut Creek, FL 33063
Sergeant Paul, Giani
954-973-6716
Officer Fred Shelton
954-956-1553
21 post locations, providing services since 2002, awarded new RFP 2010
Page two of four
City of Po~ano Beach
1801 N.E. 6 Street
Pompano Beach, FL 33060
Carol Foland
Recreation Manager
954-786-4185
providing services since 2001
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach.Gardens, FL 33410
Lieutenant Paul Leffler Sr.
561-799-4441
providing services since 2002, awarded new RFP 2010 .
City of Sunrise
Police Department
777 Sawgrass Corporate Pkwy.
Sunrise, FL 33325
Terri Wurtzberg
. . Traffic Unit
9?4-746-3484
. providing services since 2005
City' of North Lauderdale
701 SW 71st Avenue
North Lauderdale, FL 33068
Sergeant Brian.Faer
954-720-8900 ext 29 .
providmg servic~ since 8/2001
City of Greenacres
2995 Jog Road
Greenacres, FL 33467
Lt. Gary Roy
561-642-2145
providing services since 8/2005
City of Coral Springs .
police Department
2801 Coral Springs Drive
Coral Springs, FL 33065
. Serge8:nt Vincent Costabile
954-346-1267
. providing services since 8/2005
City of Delray Beach
300 West Atlantic Avenue
DeIray Beach, Fl33444
. Officer Fred Glass
561-39~-1912 .
providing services since 2006
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Janet Allen
561-742-6322
.providing services sil;J.ce 2002, awarded new RFP 2009
'fown of Lantana
500 ~reynolds Circle.
Lantana, FL 33462
Captai,n Andy R~dIe
561-540-5713 .
providing services since 2006
City of HaIlandale Beach
400 S. Federal Highway
Hallandale Beach, FL 33009
Major Cowley
954-457-1434 .
providing services since 2002
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
954-597-3570
providing services since 2001
Page three of four
City of Lauderhill
6279 West Oakland Park Blvd.
Lauderhill, FL 33319
Paul Shaffer
954~730-4243
providing services since 2001
City of Oakland Park.
4300 NW 36th Street
Lauderdale Lakes, FL
Jenna LaFleur - Director of Parks and Recreation
954~6304510
pr{)viding services since 2001
Wilton Manors .
524 NE 21st Court
Wil~on Manors, FL 33305.
Captain Costello
954-390-2150
providing services 'since 2004
City of Dania
100 West DaJiia Beacli Blvd.
Dama Beach, FL'33004
954:-924-3600
providing services since 2002
City of Lauderdale Lakes
4300 NW 36th Street
Lauderdale Lakes,.FL 33319
D' Andrea Gidden-Jones - Director of Human Resources
954-535-2700
providmg services since 2001
Page four of four
;.
AnV ANTAGES TO USING STAFFING CONNECTION
1. Unique recruitment skills and aggressive recruiting program
make staffmg each post a reality.
2. Mandatory training done according to Florida School Crossing
Guard Guidelines by our certified staff. We have at least one
training class per week.
3. Background and drug testing on all new hires.
4. AIl guards and supervisors are covered by Staffing Connection's
Liabi~ty and Worker's Co:rp.pensation Insurance. All incidents
are reported.to and handled,by Staffing Connection.
, ,
5. City Field Supervisors are all state certified' trainers.
6. Daily maintenance of aU guards is performed by the field
sup~rvisor. This ensures post coverage and overall safety for each
post. .
7. Payroll is pro~essed weekly. Guards are employees ofStaffmg
Connection, thus Staffing Connection is responsible for all payroll
taxes ie. (state, federal, unemployment, FICA).
8. All forms related to employment ar~ processed by our office.
9. 24 hour telephone contact available.
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Form W 58 9
'Request for Taxpayer
Identification Number and Certification
Give Form to the
requester.. Do not
send to the IRS.
(Rev. January 2011)
Department o/tha TraastMY
Internal Reve~e Service
Name (:'3 shown on your Income tax return) .
Action Labor Management of Florida, Inc.
N Business name/dlsregarded entity name. If different from above
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Check appropriate box for fedeniI tax
c1asslt1catlon (required): 0 IndMduallsole proprietor
. 0 C Corporation
o S corporation
o Partnership D. Trust/estate
[{] Umlted JlabDlty company. Enter the tax cfassifJcatlon (C=C corporatlon, S=S corporation, p,.partnel'llhlpJ ~
o Exempt payaa
o Other (see instructions) I>-
Address (number, street, and apt or suite no.)
624 Nottingham Blvd,
CIty, s1ate, and ZIP code
West Palm Beach, FL 33405
Ust account number(s) here (optlon~
Requester'S name and address (optlonaQ
Taxpayer Identiflcation Number IN
Enter your TIN In the appropriate box. The TIN provlded must match the name given on the "Name" /lne
to avoid backup wiihho/dlng. For Individuals, this Is your social security number (SSN). However, 10r a
residant ailan, Sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other
entitles. It Is your employer Identification number (EIN). If you do not have a number, see How to get a
TIN on page 3. . .
Note. If the account Is In more than one name, see the chart on page 4 forguldel1nes on whose
number to enter.
Soclal security number
[IJ] -OJ -DID.
Certification
Under penaitfes of perjury, I certify that
,. The n~mber shown on this fonn Is my correGt taxpayer Identification num?er (or I am waiting f9r a number to be Issued .to me), and
2. I am not sUbJeGt'to backup wlthholdlng because: (8) I am exemp1 from backup withholding. or (b) I have not been notlfled by the Internal Revenue
ServIce PRS) that I am subjeGt to backup wlthholdlng as a result of a failure to report aU interest or dfvldends, or (c) the IRS has notified me that I am
no longer subject to backup w1thh?ld~g, and
3. I. am a U.S. cItlzen or other U.S. person (defined below). .
Cert:l1lcatlon Instructlons~ You must cross out Item 2 above If y. ave be"k notlfled by the IRS that you are currently subject to backup. withholding
because you have faRed to.report ail Interest and dlvl~ends on our t~~erum. For reai estate transactions, Item 2 does not apply. For mortgage
Interest paid, acquIsition or abandonment of secured R arty, canc ~ratlon of debt, contributions to an Indlvfdu~1 retirement arrangement ORAl, and
generally, payments other than Irrterest a d divide , you are equlred to sign the certification, but you must provide your correct TIN. See the
Instnrctions on page 4.
. ign SIgn re of
Here u.s. erson~' Date ~
.ons
Section references are to the Intern8l Revenue Code unless otherwise
noted.
Purpose..of Form
A person who Is required to file an Information return with the IRS must
obtain your correqt taxpayer Identification number (TIN) to report, for
exarriple, Income paId to you. real estate transactlons, mortgage Interest
you paid, acquisition or abandonment of secured property, cancellation
of ~ebt. or contributions you made to an IRA.
. Use Form W-9 only I( you are a U.S. person Oncludlng a resIdent
alien), 10 provlde your correct TIN to the person requesting It (the
requesteQ SI1d..when applicable, to:
1. Certlfy.that the TIN you are giving Is correct (or you are waltlng.for a
number to be Issued),
2. Certlfy that}ou are not subject to backup withholding, or
3: Claim exemptl!?n from backup withholdIng if you are a U.S. exempt
payee. If applicable, you are also certifying that.as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
Is not subject to the withholding lax on foreign partners' share of
effectively conneGted Income.
Note. 11 a requester gives you a form other thSl1 Form W-9 to request
your'TlN, you must use the requester's form If it Is substantially similar
to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered l'! U.S. person If you are:
o An Individual who Is a U.S; cltlzen or U.S. resident aUen,
o A partnership, corporation, company, or assoclatfon created"or
organized In lhetJnlted States or under the Jaws 01 the UnIted States.
o An estate (other than a foreign estate), or
. A domestlo trust (as d.efined In Regulatlons section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business In the United States are generally required to pay a withholding
tax on !l"y foreign partners' share of Income 1rom such business.
Further, In certain cases where a Fonn W-9 h!l3 not been receIved, a.
partnership Is required to presume that a partner Is a foreign person,
and pay the. withholding tax. Therefore, 11 you are a U.S. person that Is a
partner In a partnershIp conducting a trade or busIness In the United .r
States, provide Form W-9 to the partnership to establish your U.S.
status and avoid withholdIng on your share of partnership Income.
Cat No. 10231X
Form W-9 (Rev.1-2011) .
Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Fred A. Maas, Chief of Police
Michael A. Grandinetti, Police Captain
DATE:
6/15/20 II
RE:
Authorization to enter into an agreement and expend up to
$112,914.00 annually with Action Labor Management d/b/a
Staffing Connection, for School Crossing Guard Services.
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution
authorizing the Mayor to enter into a one (1) year agreement with an optional
four (4), 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) #11-05-03 and
received six (6) 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 25 cities
in four different counties to include; The City of Coconut Creek, Pompano Beach,
Sunrise, Tamarac and Hallandale Beach.
FUNDING SOURCE:
Funding is budgeted in account# 10.521-5317
ATTACHMENTS:
. Resolution
. Agreement
. Bid Response
http://sibagenda. si bfl.net/agenda/Preview. aspx?I temID=513 &MeetingID=O&MeetingDate... 6/1 0/2011