HomeMy WebLinkAboutReso 2018-2864 RESOLUTION NO. 2018 - Z 8- 4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST
AMENDMENT TO THE AGREEMENT WITH ACTION LABOR
MANAGEMENT D/B/A STAFFING CONNECTION FOR THE
SCHOOL CROSSING GUARD SERVICES, IN AN AMOUNT NOT
TO EXCEED$114,962.00,ATTACHED HERETO AS EXHIBIT"A";
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID FIRST
AMENDMENT TO THE AGREEMENT AND TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on September 15th, 2016 via Resolution No. 2016-2586 awarded Bid No. 16-
04-05 to and entered into an Agreement with Action Labor Management d/b/a Staffing Connection
to provide school crossing guard services in an amount not to exceed $229,924.00 for a two(2)year
period; and
WHEREAS,pursuant to Section 3 of the agreement the City has the option to renew the term
for an additional three (3) optional one (1) year renewal periods; and
WHEREAS,Action Labor Management d/b/a Staffing Connection has expressed its ability
and desire to continue providing these services; and
WHEREAS;the City wishes to exercise its first option to renew of which two(2)remain and
approve a First Amendment to the Agreement with Action Labor Management d/b/a Staffing
Connection for school crossing guard services for an additional 1 year term, in an amount not to
exceed One Hundred Fourteen Thousand Nine Hundred Sixty-Two Dollars($1 14,962.00), bringing
the total Agreement amount not to exceed Three Hundred Forty Four Thousand Eight Hundred
Eighty-Six Dollars ($344,886.00), attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves the First
Amendment to the Agreement with Action Labor Management d/b/a Staffing Connection for school
crossing guard services for an additional 1 year term, in an amount not to exceed One Hundred
Fourteen Thousand Nine Hundred Sixty-Two Dollars ($1 14,962.00), bringing the total Agreement
amount not to exceed Three Hundred Forty Four Thousand Eight Hundred Eighty-Six Dollars
($344,886.00), attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute the
First Amendment to the Agreement and to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
R2018 Action Labor School Crossing Guard Sn's First Amend Page 1 of 2
PASSED AND ADOPTED this 20th day o "epi-mber 2018.
. C George Scholl, Mayor
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ATT9 -
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' , - cm"."--
,t.Maur'cig Seta icur, CMC; City Clerk
APPROVED AS TO FORM
ANI L EG• .
HS EFFICIENCY4 :
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./ Ai
at. 0 City Attorney
Moved by: CflAA( tiZ 4(.1.0i4
Seconded by: V(eL 14 HOC- a;tea
Vote: II
Mayor Scholl (Yes) (No)
Vice Mayor Goldman " (Yes) (No)
Commissioner Aelion ✓ (Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Svechin V (Yes) (No)
R2018 Action Labor School Crossing Guard Srvs First Amend Page 2 of 2
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AMENDMENT T
S TO THE AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND
ACTION LABOR MANAGEMENT,LLC D/B/A
STAFFING CONNECTION CONTRACT NO. 4775-122
This First Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH
("City") and ACTION LABcp. MANAG MVNT, LLC D/B/A STAFFING CONNECTION,
("Contractor")executed this " day of Oc.17j bey ,2018,is made a part of the original
Agreement between the parties dated September 15, 2016, Contract No. 4775-1516-118 ("the
Agreement"), between the City and Contractor attached hereto as Attachment "A" whose Federal
Identification# is 65-1038617. The City and Contractor hereby agree as follows:
1. FIRST OPTION TO RENEW. The City hereby elects to exercise its first option to renew the
Agreement for one(1)year as set forth in Section 3 of the original Agreement,a copy of which is attached
hereto and incorporated herein as Attachment "A".
2. EFFECTIVE DATE OF RENEWAL TERM. The Effective Date of this First Amendment
shall commence October 1, 2018, and shall terminate no later than September 30, 2019. This First
Amendment shall become effective upon being signed by both Parties.
The term of this First Amendment shall include the current unexpired term of the original Agreement
and shall terminate no later than September 30,2019. The City has a right to exercise two(2)additional
one(1)year renewals as per the original Agreement.This First Amendment shall become effective upon
being signed by both Parties.
2. ADDITIONAL COMPENSATION. Effective October 1, 2018, the Parties wish to amend
Section_5 of the original Agreement ("Compensation") to include additional compensation for
continuing Services during Fiscal Year 2018-2019 in an amount not to exceed One Hundred Fourteen
Thousand Nine Hundred Sixty Two Dollars ($114,962.00) bringing the total contract amount not to
exceed Three Hundred Forty Four Thousand Eight Hundred Eighty Six Dollars($344,886.00).
2. ADDITIONAL CONTRACT PROVISION. Section 217.4725,Florida Statutes,provides that
contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is
engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not
participating in a boycott of Israel. Any contract for goods or services of One Million Dollars
($1,000,000)or more shall be terminated at the City's option if it is discovered that the entity submitted
false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List,
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has been engaged
in business operations in Cuba or Syria after July 1,2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the
company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of
Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B".
Submitting a false certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The
Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's
determination of false certification was made in error,then the City shall have the right to terminate the
contract and seek civil remedies pursuant to Section 215.4725,Florida Statutes.
4775-122 Action Labor Management,LLC.D/B/A STAFFING CONNECTION
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties dated September 15, 2016, shall
remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent term,statement,requirement or provision contained in any other document or
attachment, including but not limited to Attachments"A"and"B".
IN WITNESS WHEREOF, the parties hereto have executed this document as of.the date
• mentioned above.
WITNESS: ACTION LABOR MANAGEMENT,LLC.
D/B/A STAFFING CONNECTION
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Sign ure
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BY: �� �i 1✓�
rest ent
Print Name Ptd V V Chet5r) CO
ATTEST,: CITY OF SUNNY ISLES BEACH
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"&Y: IV BY: V.04.
Mauri,io :etan• r, CMC, City Clerk Christop er J. Russo, City Manager
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APPROVED AS TO FORM AND
LEGAL SUFF C r NCY
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BY: _ - BY. Ma
Department Head = s dttinot,City Attorney
4775-122 Action Labor Management,LLC.D/B/A STAFFING CONNECTION
2
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•
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 (513i day of 5E-PertrttEP-- 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"), ''hose 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
Imitation 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 parties agree as follows:
TERMS
1. RECITALS. The recitals set forth above are hereby incorporated into this Agreement and made
a part hereof.
2. SERVICES.
2.1 Contractor agrees to furnish eleven (I 1) individuals with• the proper skills and
certifications necessary to perform the functions of school crossing guards ("Crossing Guards"),
and one (I) 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
178th Street Collins Avenue 2
3 183rd Street Atlantic Blvd 2
4 182nd Street North Bav Road 1
5 _ 178th Street Atlantic Blvd _ 2
6 182nd Street Atlantic Blvd 1
7 181 Drive North Bav 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. •
• 12 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 MANAGEMENT LLC DBA STAFFING CONNECTIONPage 2 of l(
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,Sipfember=3-a73. the initial two(2)year term. Prior to, or upon completion
of the initial two.(2)_yeat':ternt,_She-City_mall_bave:ihe_Opti_o_t=ofreneewing_the-tenrrfojarrAditional-threei
=(3),optional"o ;(1)y ear renewal.pati
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.
C4775-1516-118—ACTiON LABOR MANAGEMENT LLC DBA STAFFING CONNECI1O?' Page 3 of 10 S ` B
4.2 Contractor shall be solely responsible for and shall provide for the payment of workers
compensation insurance coverage and premiums, any and all other insurance pursuant to Section 6 below,
withholding taxes, FICA, pension and profit sharing contributions, retirement contributions, if any, all
remunerations; all labor contract 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 ternis 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.
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•1516.118—ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTION Page 4 of 10 S 113
Comprehensive General Liability with minimum limits of Two Million Dollars (52,000;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. Employers Liability Insurance
shall be provided with a minimum of One Hundred Thousand and 00/100 dollars (5100,000.00) per
accident. Contractor agrees to be responsible for the employment, conduct, and control of its employees
and for any injuries sustained by the employees in the course of their employment.
Before starting the Services, the Contractor shall be required to file and make sure that all certificates of
insurance required 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
C4773-1516.118-ACrloN LABOR MANAGEMENT LLC DBA STAFFING CONNECTION nee 5 of 10 S I E
•
shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to
the City Manager or his designee, covering the same.
7. . 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 Citi' shall not be responsible for any expense incurred by the Contractor. The City shall
have no duty to withhold any Federal income taxes or pay Social Security services and that such
obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall
furnish its own transportation, office and other supplies as it determines necessary in carrying out its
duties under this Agreement.
9. TERMINATIOrN AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfil) 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.
C4775-1516-118—ACTION LABOR MANAGEMENT LLC DBA STAFFING CO\N'L•CT10\ 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-last 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 front the performance of their
respective obligations under this agreement when and to the extent that their performance is delayed
or prevented by any circumstances beyond their reasonable control including, fire, flood, explosion,
hurricane, strikes or other labor disputes, act of God or 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 front 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 onto 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. 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 Cite 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.
C4775-1516-118—ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTION Page 7 of 10 S
12. RECORDS. Contractor shall keep books and records and require any and all subcontractors w
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 Citi 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 1 I
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 l Hans Ottinot, Esq,
City Manager I 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
coun 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.
C4775.1516.118—ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTION Page 9 of 10 S I E
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 •'.V ION
Signature Allott.„44 ,1/1'
Kar n Hoov= ,;resident
Print Name
ATTEST: CITY OF SNNY ISL. BEACH
BY:
Jane A. 1-17,—MMC,City Clerk George .Scholl,Mayor
•
APPROVED AS TO FORM AND
LEGAL SUFF '.r N*Y
0 1 6
f'o-4'tinot,City Attorne.
C4775.1516-1(8—ACTION LABOR MANAGEMENT LLC DBA STAFFING CONNECTION Page(0 of 10 o s t.
•
TO: CITY OF SUNNY ISLES BEACH
RE: BID. NO. 16-04-05
FOR: SCHOOL CROSSING GUARD SERVICES
DATE DUE: May 25'h, 2016 ON OR BEFORE
2:30PM EST
RECEMED
2 5 2g44,
pe;dfluvyIV=sc,±.d7 I
Of eofLtar/C,t
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" SIB
•
" ._ - • CITY-OF SUNNY 151ES-BEACH:
..• .18070 Collins Avenvc..
_ Sunny isles Beath,ft Mu 33 160 do'r'r7-;'\ •
- - - • - 305 *- - •
2 • -covw.sibil.net = _ ` "eO -.
O,�J rrA
BID FORM 1
BID COVER
Bid Title: 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
Gty's 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, disa•ependes 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 solicited 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: � h Af1t,
/ LLC.
Business Name(dba);if any: ` D�F�rtf�cCY.
Street Address: L) k\CAA t o It��1 t-� A•r , CFtfl' G61 L
Mailing Address(if different): 105-5-
N • �,i....c.ca�(�- L).� a300, TY• n
f� ""� lL �
309
Telephone No.: ()5-1-k' -1-1 1C',``�
City of Sunny Isles Beach ( Invitation to Bid No. 16-04-05 :-.. -
SIB
•
•
':. CITY OF SUNNY ISLES BEACH
�a��^r+=,� .. _. .• . - - - - - - •
•• � : 1807.0-C-oilins�Avenuc - - -
'•` "• Sunny Isles Beach,Iloiidn 33160
305.947.0606 • e. •.:
=i, — - wvrw.sib heel ; \�'
•':.•t a'' ,,C
• cy 4'St1ei f4°
Fax No.: CAsy — to-
Email Address: _5CCk \Ct\ticnl9,1crc-, e c r
FEIN No.: (OS" 0-3 621
*By sIgMn• is documen •• to all Terms
r y
Auth• zed Sig -• -
Print Name: --koov _
Tide: P«53-T}Prt'� I Cry3 •
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 Invitation to Bid No. 16-04.05 -19
Std
•
CITY OF SUNNY ISIES BEACH -
�: -- -- - - - 18070 Collins Avenue--- - -
1 Sunny Isles Beach,Florida 33160t/• .
=ti — - 305.947.0606 - . — e. - rl -
__.. wwwsdiAnet :u4 '
po
4 o,sv:,
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 -
Addendum#1,Dated
Addendum#2, Dated \'—C.e\ JeA
Addendum #3, Dated
Addendum#4, Dated
Addendum#5,Dated
Addendum #6,Dated -
Addendum #7, Dated
Addendum #8,Dated
PART II:
❑T NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
COMPANY NAME: .*�•u t7
6—X //
.
,11P-..,,•
AUTHORIZED SI NA _ ��� DATE; /-6
TITLE OF OFFICER:
City of Sunny Isles Beach I Invitation to Bid No. 16.0405 20
SI
SUNNY rsr
F
U — _
•
D9 5�
t
yf '• FLoa`
CrlF or SuN ra0
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?
S12.75.
• 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
•
•
• 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 ITS.
• What are the current hourly wage and bill rates?
S12.75.
• 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 !TB.
• 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
•
- C1r1 OF SUNNY ISlES BEACH -.
- - -1$07.0 Cflllins Avenue-- - . - _
r •
Sunny Isles Beach.Florida 33160 •
- - - 305.447-0606 - << ``ri
- www.sibil.ner tti ^. n •
•
(.4)
BID FORM 3
BID PRICING
Estimated
Description of Service Annual Hours Houy Rate Extended Cost
School Crossing Guard Supervisor 1,128 ' $ IC)� .a 3 s 13i 95. L 1
School Crossing Guard 8,272 S I s $ O l' 1106. 6-1.°
Annual Total $ f 1 L-1,96a. VO
•
City of Sunny Isles Beach I Invitation to Bid No. 16.04-05 -21
SIB
*Staffing Connection's Qualifications/Scope of Services*
Staffing Connection is uniquely qualified by way of years of experience. We are the only Florida firm
that specialiies In School Crossing Guard services with over 15 years of experience.We oniy 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,
S6f3
CONTRACTOR ANTI-BOYCOTT CERTIFICATION
4ngj4.s �
[PURSUANT TO FLORIDA STATUTE 4115.47151
�v'�U(., C�a-n behalf of 6un4e7. cost j 1)-ll'' S �
Print Name CompanyhIame ���' ��
certifies thatSCek: (0204 not
pany Name
1. Participate in a boycott of Israel;and
2. Is not on the Scrutinized Companies that BoycouIsrael list;and
3. Is not on the Scrutinized Companies with Activities in Sudan List;and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List;and
S. Has note ed', business operations in Cubaor Syria.
CO
Title
cc112-- /
ii)ate
ATTACHMENT"B"
9/28/2018 Item Coversheet
in
SVµNY IS4F
oE.,-.wfa City of Sunny Isles Beach
y'=,, 18070 Collins Avenue
u 'I'-, -1 j = Sunny Isles Beach, Florida 33160
S.,CD9)• `09`0%4' (305)949-31136 City Hall
Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
VIA:
Michael A. Grandinetti, Police Captain
FROM:
DATE: 9/20/2018
Authorization to renew the agreement with Action Labor
Management d/b/a Staffing Connection,for School
RE: Crossing Guard Services.
RECOMMENDATION:
Authorization to renew an agreement and expend up to$114,962.00
annually with Action Labor Management d/b/a Staffing Connection,for
School Crossing Guard Services.
REASONS:
The City of Sunny Isles Beach currently utilizes the services of Action
Labor Management d/b/a Staffing Connection for School Crossing
Guard Services and would like to renew the agreement for an
additional one(1)year term as authorized in our current agreement.
ADDITIONAL INFORMATION:
The City of Sunny Isles Beach has been satisfied with the services of
Action Labor Management and if renewed,will continue to provide an
estimated ten (10)school crossing guards &one (1)supervisor at
locations designated by the police department.
FUNDING SOURCE:
Police Budget Acct#001-3-5210-431000-00000
ATTACHMENTS:
Description
Resolution
First Amendment
Item Number: 10.L.
https://sunnyisles.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=2404&MeetinglD=141 1/1