R25-011 1 RESOLUTION NO. R25-011
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA,AUTHORIZING AN AGREEMENT BETWEEN THE CITY
5 AND ALPHA 1 LLC FOR TEMPORARY STAFFING SERVICES FOR AN
6 INITIAL TERM OF THREE (3) YEARS WITH TWO (2) ADDITIONAL ONE-
7 YEAR RENEWAL TERMS, FOR AN ANNUAL EXPENDITURE NOT TO
8 EXCEED $120,000; AND PROVIDING FOR AN EFFECTIVE DATE; AND
9 FOR ALL OTHER PURPOSES.
10
11 WHEREAS, the City of Boynton Beach seeks professional temporary staffing services to be
12 provided on an as-needed basis to provide uninterrupted temporary personnel due to immediate
13 and current vacancies and ongoing projects; and
14 WHEREAS, specialized staffing services are exempt from the competitive process of the
15 City's Procurement Policy; and
16 WHEREAS, the City's Public Works and Utilities Departments are requesting approval of
17 an agreement between the City and Alpha 1, LLC for temporary staffing services for an annual
18 expenditure not to exceed $120,000; and
19 WHEREAS, City staff recommends approval to enter into the agreement with Alpha 1, LLC.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
22 BEACH, FLORIDA, THAT:
23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
26 approve the agreement between the City and Alpha 1, LLC for Temporary Staffing Services
27 between the City and Alpha 1, LLC for an annual expenditure not to exceed $120,000 for a three-
28 year period with an option to renew for two (2) additional one (1) year periods, in form and
29 substance similar to that attached as Exhibit A.
30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
31 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
32 ancillary documents required under the Agreement or necessary to accomplish the purposes of
33 the Agreement and this Resolution.
34 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
35 of the City. A copy of the fully executed Agreement shall be provided to Ydelsi Rodriguez to
36 forward to the Contractor.
37 SECTION 5. This Resolution shall take effect immediately.
38
39 PASSED AND ADOPTED this day of c)arluarD 2025.
40 CITY OF BOYNTON BEACH, FLORIDA
41 YES NO
42 Mayor-Ty Penserga
43 f
44 Vice Mayor-Aimee Kelley
45
46 Commissioner-Angela Cruz
47
48 Commissioner-Woodrow L. Hay
49
50 Commissioner-Thomas Turkin
51
52 VOTE c`0
53 A EST:
54 I
55 L. 0� , r 1.3.-
....--
56
f56 Maylee D: J--;s, MPA, M C a
57 City Clerk M. .or
,
58 .r .•oY N 1 IIrO %
F ••"'• t� APPROVED AS TO FORM:
59 % Q:G�RpORgTe•�F 111
60 (Corporate Seal) ��.: SEAL•'�_���
61 INCORPORATED; f, / a/�6
62
63 %' 192 Shawna G. Lamb
64 `t% FLORIDt = City Attorney
}
\ ,.
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ALPHA 1, LLC, FOR TEMPORARY
STAFFING SERVICES
This Agreement is made as of this 3_day of Dedlit 6,0.'20 2L/ by and between Alpha
1, LLC, a Florida limited liability company, with a principal address of Carrer De Tuset 13,
Sobreatico, Barcelona, Barcelona, 08006 ES hereinafter referred to as "Contractor," and the City
of Boynton Beach, a municipal corporation organized and existing under the laws of Florida,with
a business address of 100 East Ocean Avenue, Boynton Beach,Florida 33435, hereinafter referred
to as"City." In consideration of the mutual benefits, terms, and conditions hereinafter specified,
the Parties agree as set forth below.
WHEREAS, the City's Procurement Policy exempts specialized staffing services from the
competitive solicitation process; and
WHEREAS, the City desires to engage Contractor to provide temporary staffing services
for the Utilities and Public Works Departments on an as-needed basis (the "Services") according
to the terms and subject to the conditions set forth in this Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and promises as
hereinafter set forth and of the faithful performance of such covenants and conditions, the City
and Contractor do hereby agree as follows:
1. SERVICES AND METHOD OF ORDERING SERVICES.
a. Services. Contractor shall provide the type of services described in the Scope of
Services attached hereto as Exhibit A (which services are hereinafter referred to as
the "Services"). Contractor shall render the Services in a diligent, careful, thorough,
and professional manner consistent with sound business practice and shall at all times
provide City with the most sound and reasonable recommendations and advice. The
standard of care for all Services performed or furnished by the Contractor under this
Agreement will be the care and skill ordinarily used by members of the Contractor's
profession practicing under similar circumstances or at the same time and in the same
locality.
b. Method of Ordering Services. Services will be rendered upon request from the City
and the City's approval of the candidate(s) as further described in Exhibit A.
Alpha I Temporary Staffing Agreement(12 224)
2. TERM. This Agreement shall be for an initial term of Three ( 3 ) years, commencing on
03 December , 2024 , and shall remain in effect through 03 December
20 27 ("Initial Term"), unless otherwise terminated or extended as provided in this
Agreement. The City reserves the right to renew the Agreement for two (2) additional
one-year renewal terms (each an "Extension Term") on the same terms and conditions
stated in this Agreement,subject to Contractor's satisfactory performance as determined
by the City and determination by the City that renewal will be in the best interest of the
City.The Mayor is authorized to execute the Extension Term amendment(s). If Contractor
requests a rate change at the time of renewal, such change shall not become effective
until a written amendment is approved by the City Commission and duly executed by the
Parties.
3. TIME FOR PERFORMANCE.Services under the Agreement shall commence upon the City
giving written notice to the Contractor to proceed along with a purchase order.Time is
of the essence for the Contractor's performance of the Services.
4. COMPENSATION. As compensation for Services rendered by Contractor to the City, the
City shall pay the Contractor an annual amount not to exceed Two Hundred Sixty
Thousand Dollars (US$260,000.00) ("Fee") with the following annual fee allocations per
department
Department Annual Not to Exceed Amount
Utilities $60,000
Public Works $200,000
Annual fees shall be calculated based on the anniversary date of complete execution of
the Agreement. The Fee is based on the Hourly Rates outlined in the Fee Schedule
attached as Exhibit B and incorporated into this Agreement by reference.The Fee shall
be the sole compensation paid to Contractor in connection with the rendition of the
Services and the performance of any and all of its other obligations under this Agreement
and shall include any out-of-pocket or other expenses,including travel expenses,incurred
by Contractor.
5. NOTICES. All Notices to the City shall be in writing by certified mail return receipt
requested, or customarily used overnight transmission with proof of delivery, sent to:
City: Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561)742-6010/Facsimile: (561)742-6090
Copy: Shawna G. Lamb, City Attorney
Alpha 1 Temporary Staffing Agreement(12.2.24) 2
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Telephone: (561) 742-6010/Facsimile: (561) 742-6090
Contractor:
Telephone:
Email:
6. INVOICES AND PAYMENT. Invoices must identify the PO number and assignment
description and should be mailed to:
•
Boynton Beach Finance Department
Attn:Accounts Payable
P.O. Box 310
Boynton Beach, FL 33425
Invoices shall show the nature of the service and dates(s) of service. Invoices based on
hourly rates shall show the actual hours worked, the person performing services, the
nature of the service, the hourly rate, and the dates(s) of service. Invoices may be
submitted after such services are performed; however, all services rendered before
September 30th of any given year must be invoiced by September 30th of that year.
Contractor shall provide a W-9 with the first invoice.
Payment shall be made only for services actually performed and completed pursuant to
this Agreement.The fee shall be paid based on receipt of a proper invoice in accordance
with the invoice schedule indicated above.Payment will be made within 45 days of receipt
of a proper invoice in accordance with the -Warr overnment Prompt Payment Act,
Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be
conclusive evidence of the performance of this Agreement by Contractor, either wholly
or in part, and no payment shall be construed to be an acceptance of or to relieve
Contractor of liability for the defective,faulty, or incomplete rendition of the Services.
7. TAX EXEMPT. Prices applicable to the City do not include applicable state and local sales,
use, and related taxes. The City is exempt from state and local sales and use taxes and
shall not be invoiced for the same. The City will provide the Contractor with proof of tax-
exempt status upon request.
8. SOVEREIGN IMMUNITY. Nothing contained in this Agreement nor contained herein shall
be considered nor construed to waive the City's rights and immunities under the common
Alpha!Temporary Staffing Agreement(12.224) 3
law or section 768.28, Florida Statutes,as may be amended.
9. ATTORNEY'S FEES. If either Party brings suit to enforce the Agreement, each Party shall
bear its own attorney's fees and court costs.
10. PUBLIC RECORDS.The City is a public agency subject to Chapter 119, Florida Statutes.The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
a. Keep and maintain public records required by the City to perform the service when
utilizing non-City-owned equipment;
b. Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Fla.Stat. or as otherwise provided by law;
c. Ensure that public records that are exempt or that are confidential and exempt
from public record disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and, following completion of the
contract, Contractor shall destroy all copies of such confidential and exempt
records remaining in its possession once the Contractor transfers the records in
its possession to the City; and
d. Upon completion of the contract, Contractor shall transfer to the City, at no cost
to the City, all public records in Contractor's possession. All records stored
electronically by Contractor must be provided to the City, upon request from the
City's custodian of public records, in a format compatible with the City's
information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CITY CLERK OFFICE
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6060
CityClerk@bbfl.us
11. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF
Alpha 1 Temporary Staffing Agreement(12.2.24) 4
CONCERN. Contractor represents that it has not been placed on the "discriminatory
vendor list" as provided in Section 287.134, Florida Statutes, and that it is not a
"scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes.
Contractor represents and certifies that it is not, and for the duration of the Term, will
not be, ineligible to contract with City on any of the grounds stated in Section 287.135,
Florida Statutes. Contractor represents that it is, and for the duration of the term will
remain,in compliance with Section 286.101, Florida Statutes.
12. E-VERIFY. Contractor shall comply with Section 448.095, Fla. Stat., "Employment
Eligibility," including registering and using the E-Verify system to verify the work
authorization status of employees. Failure to comply with Section 448.095, Fla.Stat. shall
result in termination of this Agreement.Any challenge to termination under this provision
must be filed in the Circuit Court no later than 20 calendar days after the termination
date. If this Agreement is terminated for a violation of the statute by Contractor,
Contractor may not be awarded a public contract for one (1) year after the termination
date.
13. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Contractor
or any subconsultant will have access to an individual's personal identifying information
under this Agreement. Contractor represents and certifies: (i)Contractor is not owned by
the government of a foreign country of concern; (ii)the government of a foreign country
of concern does not have a controlling interest in Contractor; and (iii) Contractor is not
organized under the laws of and does not have its principal place of business in,a foreign
country of concern. On or before the effective date of this Agreement, Contractor and
any subconsultant that will have access to personal identifying information shall submit
to City executed affidavit(s) under penalty of perjury,in a form approved by City attesting
that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes.
Compliance with the requirements of this section is included in the requirements of a
proper invoice. Terms used in this section that are not otherwise defined in this
Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida
Statutes.
14.ANTI-HUMAN TRAFFICKING. On or before the effective date of this Agreement,
Contractor shall provide City with an affidavit attesting that the Contractor does not use
coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes.
15. COUNTRIES OF CONCERN. The Contractor represents that it is and will remain in
compliance with Section 286.101, Florida Statutes,for the duration of the term.
16. PUBLIC ENTITY CRIME ACT.Contractor represents that it is familiar with the requirements
and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes,and
represents that its entry into this Agreement will not violate that Act. Contractor further
represents that there has been no determination that it committed a"public entity crime"
as defined by Section 287.133, Florida Statutes, and that it has not been formally charged
Alpha I Temporary Staffing Agreement(12.2.24) 5
with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether Contractor has been placed on the convicted vendor list.
17.CONTINGENCY FEE. Contractor represents and warrants that it has not employed or
retained any person or entity, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person or entity,other than a bona fide employee working solely for Contractor,any
fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. If this Agreement is subject to Section
287.055, Florida Statutes, the Parties agree and stipulate that the statutory language
stated in Section 287.055(6)(a) is deemed included and fully incorporated herein.
18.TRUTH-IN-NEGOTIATION REPRESENTATION. Contractor's compensation under this
Agreement is based upon its representations to City. Contractor certifies that the wage
rates, factual unit costs, and other information supplied to substantiate Contractor's
compensation, including, without limitation, in the negotiation of this Agreement, are
accurate, complete, and current as of the date Contractor executes this
Agreement. Contractor's compensation may be reduced by City, in its sole discretion, to
correct any inaccurate, incomplete, or noncurrent information provided to City as the
basis for Contractor's compensation in this Agreement.
19. DULY LICENSED. Contractor represents that it is duly licensed to perform the Services
under this Agreement and will continue to maintain all licenses and approvals required to
conduct its business.
20. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is
prevented by reason of hurricane, earthquake, or other casualty caused by nature,
epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a
law,order, proclamation, regulation,ordinance of any governmental agency(collectively,
"Force Majeure Event"), the Party so affected, upon giving prompt notice to the other
Party,shall be excused from such performance to the extent of such prevention, provided
that the affected Party shall first have taken reasonable steps to avoid and remove such
cause of non-performance and shall continue to take reasonable steps to avoid and
remove such cause, and shall promptly notify the other Party in writing and resume
performance hereunder whenever such causes are removed; provided, however, that if
such inability to perform due to the Force Majeure Event exceeds sixty(60) consecutive
days, the Party that was not prevented from performance by the Force Majeure Event
has the right to terminate this Agreement upon written notice to the other Party. This
section shall not supersede or preclude the exercise of any right either Party may
otherwise have to terminate this Agreement.
21. DISPUTES.Any disputes that arise between the parties regarding the performance of this
Agreement and cannot be resolved through negotiations shall be submitted to a court of
Alpha 1 Temporary Staffing Agreement(12.2.24) 6
competent jurisdiction exclusively in Palm Beach County,Florida.This Agreement shall be
construed under Florida Law.
22.TERMINATION.
a. Termination for Convenience.This Agreement may be terminated by either Party
for convenience upon fourteen (14)calendar days of written notice. In this event,
the Contractor shall be compensated for services performed through the
termination date, including services reasonably related to termination.
b. Termination for Cause.In addition to all other remedies available to the aggrieved
Party, this Agreement shall be subject to cancellation by either Party for cause,
should the other Party neglect or fail to perform or observe any of the terms,
provisions,conditions,or requirements herein contained, if such neglect or failure
shall continue for thirty(30) calendar days after receipt by the defaulting Party of
written notice of such neglect or failure.
c. In the event of termination, the City shall compensate the Contractor for all
authorized work satisfactorily performed through the termination date under the
payment terms contained in this Agreement.Contractor shall immediately deliver
all documents, written information, electronic data, and other materials
concerning City projects•in its possession to the City and shall cooperate in
transitioning its consulting duties to appropriate parties at the direction of the
City.
d. Upon termination, this Agreement shall have no further force or effect, and the
Parties shall be relieved of all further liability hereunder, except that the
provisions of this section and the provisions regarding property rights, insurance,
indemnification, governing law, and litigation shall survive termination of this
Agreement and remain in.full force and effect.
23. INDEMNIFICATION.Contractor shall indemnify and hold harmless the City and its elected
and appointed officers,agents,assigns and employees,consultants,separate consultants,
any of their subconsultants, or sub-subconsultants (collectively, "Indemnified Party"),
from and against claims, demands, or causes of action whatsoever, and the resulting
losses, damages, costs, and expenses, including but not limited to attorneys' fees,
including paralegal expenses, liabilities, damages, orders, judgments, or decrees,
sustained by the Indemnified Party arising out of or resulting from (A) Contractor's
performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or
intentional wrongful conduct by Contractor, its agents, employees, subcontractors,
subconsultants, participants, and volunteers, and (C) Contractor's failure to take out and
maintain insurance as required under this Agreement. Contractor shall pay all claims and
losses in connection therewith and shall investigate and defend all claims,suits,or actions
of any kind or nature against an Indemnified Party,where applicable, including appellate
Alpha 1 Temporary Staffing Agreement(12.224) 7
proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue
thereon.The obligations of this section shall survive indefinitely regardless of termination
of the Agreement. If considered necessary by the City and the City Attorney,the City may
retain any sums due Contractor under this Agreement until all claims subject to this
indemnification obligation have been settled or otherwise resolved.Any amount withheld
shall not be subject to payment of interest by the City.
24. INSURANCE.At the time of execution of this Agreement,the Contractor shall provide the
City with a copy of its Certificate of Insurance reflecting the following insurance coverage:
a. Workers' Compensation Insurance to apply for all employees in compliance with
the"Workers'Compensation Law"of the State of Florida and all applicable federal
laws.In addition,the policy(ies)shall include Employer's Liability with limits of One
Million Dollars($1,000,000.00)each accident,One Million Dollars($1,000,000.00)
each condition,and One Million Dollars ($1,000,000.00)aggregate by condition.
b. Comprehensive General 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 shall include:
i. Premises and/or Operations on an occurrence basis.
ii. Completed Operations Liability on an occurrence basis.
iii. Broad Form Property Damage.
iv. Broad Form Contractual Coverage applicable to this specific Agreement,
including any hold harmless and/or indemnification agreement.
The Certificate of Insurance shall name the City of Boynton Beach and its officers,
employees, and agents as additional insured.
c. Contractor shall require that each subconsultant maintains insurance coverage
that adequately covers the Services provided by that subconsultant on
substantially the same insurance terms and conditions required of Contractor
under this article.Contractor shall ensure that all such subconsultants comply with
these requirements and that"and its officers,employees,and agents as additional
insured" is named as an additional insured under the subconsultants' applicable
insurance policies. Contractor shall not permit any subconsultant to provide
Services unless and until all applicable requirements of this article are satisfied.
d. City may require Contractor to provide auto liability insurance,in limits acceptable
to the City's Risk Manager, if the Services include vehicle operation.
25. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is
applicable, City shall not be liable or responsible to Contractor beyond the amount
remaining due to Contractor under the Agreement, regardless of whether said liability be
Alpha 1 Temporary Staffing Agreement(12.2.24) 8
based in tort, contract, indemnity, or otherwise; and in no event shall City be liable to
Contractor for punitive or exemplary damages or lost profits or consequential damages.
26. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer
relationship between the Parties. The Parties intend that Contractor is an independent
contractor under this Agreement and shall not be considered the City's employee for any
purpose. Contractor shall not have the right to bind City to any obligation not expressly
undertaken by City under this Agreement
27.COMPLIANCE WITH LAWS. Contractor hereby warrants and agrees that at all times
material to the Agreement, Contractor shall perform its obligations in compliance with all
applicable federal,state,and local laws, rules,and regulations, including section 501.171,
Florida Statutes. Non-compliance may constitute a material breach of the Agreement.
28. BREACH OF REPRESENTATIONS. Contractor acknowledges that City is materially relying
on the representations, warranties, and certifications of Contractor stated in this
Agreement, and City shall be entitled to exercise any or all of the following remedies if
any such representation, warranty, or certification is untrue: (a) recovery of damages
incurred; (b)termination of this Agreement without any further liability to Contractor;(c)
set off from any amounts due Contractor the total amount of any damage incurred; and
(d) debarment of Contractor.
29.ASSIGNMENT. If this Agreement and any interests granted herein shall be assigned,
transferred, or otherwise encumbered under any circumstances by Contractor,
Contractor must gain prior written consent from City thirty(30)business days before such
transfer.For purposes of this Agreement,any company ownership change shall constitute
an assignment that requires the City's approval. Notwithstanding the foregoing,
Contractor may,without City's consent, assign this Agreement in whole or in part as part
of a corporate reorganization, consolidation, merger, or sale of substantially all of its
assets related to this Agreement. Contractor shall provide City written notice of any such
corporate reorganization, consolidation, merger, or sale of substantially all of its assets
related to this Agreement within thirty(30)calendar days of such event.
30. NO LIEN. The Contractor shall not at any time permit any lien, attachment, or any other
encumbrance under the laws of the State of Florida, or otherwise, by any person or
persons whomsoever to be filed or recorded against the City,against any City property or
money due or to become due for any work done or materials furnished under this
Agreement by Contractor.
31.AGREEMENT SUBJECT TO FUNDING.The Agreement shall remain in full force and effect
only as long as the expenditures provided for in the Agreement have been appropriated
by the City Commission of the City of Boynton Beach in the annual budget for each fiscal
year of this Agreement and is subject to termination based on lack of funding.
Alpha 1 Temporary Staffing Agreement(12.2.24) 9
32. NON-EXCLUSIVE. This Agreement is non-exclusive. City may retain additional entities to
perform the same or similar work.
33. REPRESENTATION OF AUTHORITY. Contractor represents and warrants that this
Agreement constitutes the legal, valid, binding, and enforceable obligation of Contractor
and that neither the execution nor performance of this Agreement constitutes a breach
of any agreement that Contractor has with any third party or violates applicable law.
Contractor further represents and warrants that execution of this Agreement is within
Contractor's legal powers, and each individual executing this Agreement on behalf of
Contractor is duly authorized by all necessary and appropriate action to do so on behalf
of Contractor and does so with full legal authority.
34. RIGHTS IN DOCUMENTS AND WORK.
a. Ownership.Any and all videos, photographs,documents, materials,data,or other
work created by Contractor in connection with performing services, whether
finished or unfinished ("Documents and Work"), shall be owned by City, and
Contractor hereby transfers to City all right, title, and interest, including any
copyright or other intellectual property rights, in or to the Documents and Work.
b. Deliverables Upon Conclusion of Assignment. Contractor shall deliver to the City
for approval and acceptance, and before being eligible for final payment of any
amounts due under any temporary staffing assignment, all documents and
materials prepared for the City in connection with the assignment. All such
documents and records shall be provided within a reasonable time at no
additional cost. Such documents may be provided electronically.
c. Delivery Upon Expiration or Termination of Agreement. Upon expiration or
termination of this Agreement, the Documents and Work shall become the
property of City and shall be delivered by Contractor to City within seven (7) days
after expiration or termination. Any compensation due to Contractor may be
withheld until all Documents and Work are received as provided in this
Agreement. Contractor shall ensure that the requirements of this section are
included in all agreements with all subconsultant(s).
d. Reuse of Project Documents. City may, at its option, reuse (in whole or in part)
the resulting end-product or deliverables resulting from Contractor's Services
(including, but not limited to, drawings, specifications, other documents, and
services as described herein); and Contractor agrees to such reuse in accordance
with this provision.
35.CONTRACTOR'S STAFF. Contractor will provide the staff identified and selected by City
for each assignment as long as they are in Contractor's employment. Contractor will
obtain prior written approval from the City to change staff. Contractor shall provide City
Alpha 1 Temporary Staffing Agreement(12.2 24) 10
with such information as necessary for City to determine the suitability of proposed new
staff. City will be reasonable in evaluating staff qualifications. If City desires to request
removal of any of Contractor's staff, City shall first meet with Contractor and provide
reasonable justification for said removal; upon such reasonable justification, Contractor
shall use good faith efforts to remove or reassign the staff at issue.
36.THIRD-PARTY BENEFICIARIES. Neither Contractor nor City intends to primarily or directly
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there
are no third-party beneficiaries to this Agreement and that no third party shall be entitled
to assert a right or claim against either of them based upon this Agreement.
37. MATERIALITY AND WAIVER OF BREACH. Each requirement,duty,and obligation set forth
in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each
requirement, duty,and obligation set forth in this Agreement is substantial and essential
to the formation of this Agreement, and each is,therefore, a material term. City's failure
to enforce any provision of this Agreement shall not be deemed a waiver of such provision
or modification of this Agreement. A waiver of any breach shall not be deemed a waiver
of any subsequent breach and shall not be construed as a modification of this Agreement.
To be effective, any waiver must be in writing and signed by an authorized signatory of
the Party granting the waiver.
38.COUNTERPARTS AND MULTIPLE ORIGINALS. This Agreement may be executed in
multiple originals and may be executed in counterparts, whether signed physically or
electronically, each of which shall be deemed to be an original, but all of which, taken
together,shall constitute one and the same agreement.
39. NON-DISCRIMINATION. Contractor and any subconsultants shall not discriminate on the
basis of race, color, sex, religion, national origin, disability, age, marital status, political
affiliation, sexual orientation, pregnancy, or gender identity and expression in the
performance of this Agreement.
40. ENTIRE AGREEMENT. The Agreement including the Exhibits that are incorporated into
this Agreement in their entirety,embody the entire agreement and understanding of the
parties concerning the subject matter of this Agreement and supersede all prior and
contemporaneous agreements and understandings, oral or written, relating to said
subject matter.This Agreement may only be modified by a written amendment executed
by the City and Contractor.
41.SEVERABILITY. If any provision of this Agreement or application thereof to any person or
situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable, shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
Alpha 1 Temporary Staffing Agreement(12.2.24) 1 1
Alpha 1 Temporary Staffing Agreement(12.2.24) 12
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY OF BOYNTON BEACH, FLORIDA ALPHA 1, LLC
c4-e-A-
• •en -r , Mayor ( lgnature), C pany
all/m(444g'. ailie/Lrs
Print Name of Authorized Official
e&—.0
Title
Approved as to Form:
J. 4-4
Shawna G. Lamb, City Attorney (Corporate Seal)
Attest/Authenticated:
Atte: ed authenticated: t.,
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Alpha 1 Temporary Staffing Agreement(12.2.24) 13
EXHIBIT A
SCOPE OF SERVICES
A. Scope of Work
The Contractor will furnish all temporary personnel necessary for the City's day-to-day
operations.Temporary employees must be available and report for work within twenty-four
(24)work hours of notification.
B. Specifications
1. Candidates Submitted for the City's Consideration. Upon request from the City,
Contractor shall provide candidates for the job classifications requested by the
designated City representative at the time and place requested. Typically, three or
more candidates must be submitted for each vacancy at the discretion of the requesting
department. Candidates shall be provided at no cost to the City. If the Contractor fails
to provide qualified individuals for the job classification requested within the specified
lead time,the City may request the services from other vendors.
2. The City reserves the right to conduct on-site or in-person interviews with candidates or
to make placement selections based on resumes provided by the Contractor.
3. Contractor agrees to provide only skilled, knowledgeable, and experienced personnel
to perform services on a temporary basis to the City. Contractor also agrees to provide
the City information on any candidate whose quality of services had been previously
determined to be unsatisfactory by any City department.
4. The City's designated representative and the Contractor shall mutually agree on the job
description, minimum qualifications, working hours,job location, assignment duration,
duties,and responsibilities for each position,as needed. Contractor must inform the City
of any temporary staffing employee who will be accepted for assignment at the City
when currently on assignment elsewhere.
5. No substitution of staff with a lower skill base will be acceptable without the prior written
approval of the City.
6. The Contractor agrees not to place any individual in a temporary assignment with the
City who the City previously employed as a regular employee without prior approval of
the Human Resources Department.
7. Upon request from the City, Contractor must immediately replace any personnel
providing services whose quality of services is unsatisfactory to the City department.The
City will not be charged for unsatisfactory services. The City will exclusively determine
whether the quality of the services of any temporary personnel is satisfactory or
Alpha 1 Temporary Staffing Agreement(12.2.24) 14
unsatisfactory.
8. Should any person terminate employment with the Contractor while such person is
providing services to the City department, the Contractor must agree to immediately
replace such person with a person having similar skill, knowledge, and experience (with
prior approval of the City). The Contractor shall replace the person expeditiously at the
same contracted bill rate for each position. If the Contractor fails to replace the person
in a timely manner, the City reserves the right to access the services of another
Contractor.
9. The City shall have the right to determine the period of time and work schedule of all
personnel provided by the Contractor to perform services as a temporary agency
employee.The City will not warrant or guarantee the period of time or work schedule of
any person provided by the Contractor to perform services at a designated department
at the City.
10.All candidates placed in the City shall be the Contractor's employees,and at no time shall
the City be liable for any employer responsibilities to the Contractor's employee.
C. Background Checks& Pre-Placement Screenings
Any temporary staffing employee selected for placement in a City department must
successfully complete a background check conducted by the City's Police Department. Any
criminal background records/convictions should be disclosed to the City prior to the
Contractor engaging the candidate to work for the assignment. Upon disclosure of a
candidate's criminal background,the City has the discretion to accept or reject the candidate
based on the background.
Additionally, if required, drug testing will be conducted per Title 49, Code of Federal
Regulations Part 40.
The Contractor must provide a pre-placement motor vehicle record for all candidates being
considered for positions that require the operation of a motor vehicle.
•
D. Temp to Hire
Should an opening for a permanent position within the City become available,the temporary
worker may apply for this position.The City reserves the right to hire this temporary worker
without any financial obligation to the Contractor.
Alpha 1 Temporary Staffing Agreement(12.2.24) 15
E. Vacation
If a temporary worker qualifies for a vacation under their employment contract with the
Contractor, that employee will give the City two (2) weeks' notice before the start of such
vacation. The Contractor shall. be responsible for any vacation pay due to the employee.
Additionally, if the assignment is ongoing during the employee's vacation,the Contractor will
provide a replacement employee.
F. Position Classifications
Needs of the City for temporary personnel include the following positions
Title Department
Finance Coordinator Utilities
Data Entry Specialist Utilities
Info Desk Coordinator Utilities
Office Assistants Public Works
Laborer Public Works
*Additional departments or position categories may be added upon written amendment to
the Agreement.
G. Quantities
No warranty or guarantee is given or implied as to the total amounts to be purchased
resulting from this contract. All services will be ordered on an as-needed basis.
Alpha 1 Temporary Staffing Agreement(12 2.24) 16
EXHIBIT B
FEE SCHEDULE/ HOURLY RATES
Title Department Mark-up Payrate Billrate
Finance Coordinator Utilities 38% $38.00 $52.44
Data Entry Specialist Utilities 38% $25.00 $34.50
Info Desk Utilities 38% $18.59 $25.00
Coordinator
Office Assistants Public Works 38% $20.00 $27.80
Laborer Public Works 38% $15.00 $20.00
•
•
Alpha I Temporary Staffing Agreement(12.2.24) 17