R02-215RESOLUTION NO. R 02- oq ! ~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BD (NO. 014-2110-03/KR) TO
STAFFING CONNECTION & ACTION LABOR
MANAGEMENT, LLC, PROVIDING FOR SCHOOL
CROSSING GUARDS, FOR AN ESTIMATED ANNUAL
EXPENDITURE OF $200,000; AUTHORIZING
EXECUTION OF A TWO YEAR CONTRACT FROM
JANUARY 1, 2003 TO DECEMBER 31, 2004; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the purpose of this bid is to establish a firm price for a two-year
~eriod, for the provision of School Crossing Guard Services n an "as needed basis" at
designated times and various locations determined by the City; and
WHEREAS, on November 21, 2002, Procurement Services received and
tabulated one (1) proposal for this bid, which bid includes employment of the fourteen
(14) school crossing guards now employed by the City and providing fifteen (15)
additional guards as needed throughout the school year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of a bid for a two year contract for School Crossing Guard
Services to Staffing Connections/Action Labor Management for an estimated annual
expenditure of $200,000, and authorizing execution of the Contract which is attached
hereto and made a part hereof.
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS I"l day of December, 2002.
CITY OF BOYNTON BEACH, FLORIDA
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AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH. FLORIDA AND STAFFING CONNECTION &
ACTION LABOR MANAGEMENT, LLC FOR
SCHOOL CROSSING GUARDS
THIS AGREEMENT, made as of '~2.~a'~:r I'1 , 2002, by and between the City of
'~:~,q~'t'o~ "~¢~_. ti , Florida, a municipal corporation organized and existing under the laws
of }he State of Florida (hereinafter "CITY"), and STAFFING CONNECTION/ ACTION
LABOR MANAGEMENT, LLC., a limited liability company.
WITNESSETH:
WHEREAS, the CITY is desirous of providing for the satisfaction of its school crossing guard
program through an independent contractor agreement; and
WHEREAS, STAFFING CONNECTION/ACTION LABOR is in the business of providing
various labor forces, including, but not limited to school crossing guard services, with
appropriate certifications, and
WHEREAS, the parties are desirous of providing for the terms of their Agreement, entered into
as a result of Request for Bid # 014-2110-03/KR issued by CITY, and the Proposal of
STAFFING CONNECTION & ACTION LABOR MANAGEMENT, LLC, dated November 20,
2002 (collectively the "Bid Documents").
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the legal
sufficiency of which is hereby acknowledged, the parties agree as follows:
SCHOOL CROSSING GUARDS: STAFFING CONNECTION/ACTION LABOR
shall provide the school crossing guard and supervisory services necessary to satisfy the
requirements of the CITY School Crossing Guard Program in accordance with the
specifications and the rates provided in the Bid Documents, copies of which are
attached hereto and incorporated herein as Composite Exhibit "A". STAFFING
CONNECTION/ACTION LABOR (hereinafter known as SCG) shall provide the
following minimum personnel, at the locations and during the time herein described,
for the consideration hereinafter set forth:
(a)
(b)
number of guards and rate - See Composite Exhibit "A"
number of supervisory personnel - See Composite Exhibit "A"
The CITY reserves the fight to require more or less crossing guard services upon three
(3) days' written notice, specifying its needs. Schedule and locations of services are
described in Composite Exhibit "A".
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DUTY HOURS; DUTY LOCATIONS: STAFFING CONNECTION/ACTION LABOR
shall provide the personnel described above during school hours and at all posts as
deemed necessary by the School Board and the CITY. The CITY has the right to
change the duty hours, as well as duty locations, by written directive, which shall
become effective on the date set forth in such written directive, provided that such date
shall not be sooner than three (3) business days from the date of the written directive.
CONSDERATION: STAFFING CONNECTION/ACTION LABOR shall be
compensated for the services provided hereunder in accordance with the hourly rate set
forth in paragraph 1. STAFFING CONNECTION & ACTION LABOR shall be solely
responsible for and shall provide for the payment of workers compensation insurance
coverage and premiums, withholding taxes, FICA, benefits, if any, all remunerations;
All labor contract compliance, and all other charges. STAFFING
CONNECTION/ACTION LABOR is being retained as an Independent Contractor and
acknowledges this agreement does not create any employment relationship with the
city. The CITY shall bear no responsibility for any such charges, fees, permits, and the
like associated with the employment of such personnel.
STAFFING CONNECTION/ACTION LABOR acknowledges that the CITY is
contracting for the full crossing guard services for the hours and at the described posts
as stated in this Agreement. This Agreement requires that qualified personnel service
be at each post during the prescribed post hours.
TRAINING AND SUPERVISION: STAFFING CONNECTION/ACTION LABOR shall
be responsible for furnishing training and certification of each of the personnel set forth
in Paragraph 1 (a). STAFFING CONNECTION/ACTION LABOR represents that it is
a qualified trainer and shall provide personnel meeting these training and certification
standards required pursuant to Section 234.302, Florida Statutes. No person lacking
such certification shall perform services for the CITY hereunder by STAFFING
CONNECTION/ACTION LABOR. STAFFING CONNECTION/ACTION LABOR
shall have, at all times during the term hereof, at its ready disposal, backup personnel.
The CITY shall pay the rate as set forth in Paragraph 1 for actual training and retraining
of applicable personnel. STAFFING CONNECTION/ACTION LABOR shall provide
the services as set forth in Composite Exhibit "A".
UNIFORM: The CITY will turn over all equipment after inventory to STAFFING
CONNECTION/ACTION LABOR for continued usage throughout the term of this
Agreement. All personnel shall wear dark slacks, skirts or shorts and a white top with
appropriate identification badge. At all times during the performance of their duties, all
personnel shall dress in a clean and neat manner. STAFFING
CONNECTION/ACTION LABOR will assume equipment replacement responsibility
as needed.
COMPORTMENT; CHANGE OF PERSONNEL: At all times when such personnel are
working in the CITY whether or not on duty, such personnel shall comport themselves
in a manner which will not bring disrespect upon the CITY or STAFFING
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10.
11.
CONNECTION/ACTION LABOR, or call into question the competence or demeanor
of such person relative to the performance of the School Crossing Guard Service,
which, by its nature, requires such personnel to come into contact with minors. The
CITY reserves the right to require the change of any personnel upon not less than three
(3) business days' written notice, setting forth the name of the person to be replaced, or
in the absence of a name, the description and location of the post location.
DUTY ROSTER: STAFFING CONNECTION/ACTION LABOR shall provide the
CITY with the names of all personnel, and the location of such individual's post
location. Such roster shall be provided on a weekly basis as of Friday of the week
preceding.
TERM: This Agreement shall commence on the __ Day of 2002,
and include the period from the Commencement Date through the last day of the
academic school year according to the School District of Palm Beach County, Florida
for the remaining part of the school year. The contract will be for two (2) years, with
the option to renew the contract, at the same terms and conditions, for a maximum of
two (2) additional one year periods subject to vendor acceptance, and satisfactory
performance, and determination that renewal will be in the best interest of the City.
Option to renew should be provided in writing pursuant to the notice provision 30 days
prior to end of the contract period.
BILLING: STAFFING CONNECTION/ACTION LABOR shall provide an invoice to
the City no more frequently than one (1) time per month. Each invoice shall be
accompanied by a cumulative time sheet detailing all employee time logged for the
invoice period as well as a copy of each individual's employee time card. The time
sheet must list each guard by name, location, pay rate, bill rate and daily hours worked.
TERMINATION: Either party may terminate this Agreement on written notice,
provided that the services hereunder shall not be terminated until thirty (30) days
subsequent to the date of such written notice.
INSURANCE: STAFFING CONNECTION/ACTION LABOR shall provide liability
insurance coverage, written with such insurance carriers as the CITY shall reasonably
approve, for personal injury and property damage. Comprehensive General Liability
Insurance must be written on the comprehensive form of policy. The policy must
contain minimum limits of liability as follows or $1,000,000 Combined Single Limit;
Bodily Injury of $1,000,000 and Property Damage of $500,000 each occurrence.
Employer's Liability Insurance required $1,000,000, Workers Compensation Insurance
statutory requirements. All insurance policies must be issued by companies authorized
to do business under the laws of the State of Florida. The companies must be rated no
less than "B+" as to management and no less than "Class V" as to strength by the latest
edition of Best's Insurance guide, published by A.M. Best Company, Olwick, New
Jersey, or its equivalent, or the companies must hold a valid Florida Certificate of
Authority as shown in the latest "List of All Insurance Companies Authorized or
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Approved to do Business in Florida," issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
All required policies of insurance shall contain a provision or endorsement that the
coverage afforded shall not be cancelled, materially changed or renewal refused until at
least thirty (30) calendar days written notice has been given to the CITY by certified
mail. STAFFING CONNECTION/ACTION LABOR shall submit prior to
commencement of any work, a Certificate of Insurance showing the CITY as additional
insured.
12.
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18.
INDEMNIFICATION: STAFFING CONNECTION/ACTION LABOR agrees to
indemnify, defend and save harmless the CITY, its officers, agents, and employees,
from and against any and all liability, claims, demands, or damages, caused by any
negligent act or omission, misfeasance, or malfeasance of STAFFING
CONNECTION/ACTION LABOR connected with the performance of this agreement,
whether by act or omission of STAFFING CONNECTION/ACTION LABOR its
agents, servants, employees or others; unless said claim for liability is caused by the
negligence, misfeasance or malfeasance of the CITY or its agents and employees.
Nothing herein shall constitute a waiver by CITY of the protections, immunities, and
limitations of liability afforded CITY under Section 768.28, Florida Statutes.
NON-ASSIGNABILITY: This Agreement or any portion hereof shall not be assigned
or transferred by either party without the written consent of the other party.
CONSTRUCTION: This Agreement and the terms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a court of
competent jurisdiction shall lie in Palm Beach County, Florida.
JOINT PREPARATION: The preparation of this Agreement has been a joint effort of
the parties, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other. It is
the parties' further intention that this Agreement be construed liberally to achieve its
intent.
COUNTERPARTS: This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original, but all of which shall constitute one
and the same Agreement.
EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein
which contain additional terms shall be deemed incorporate herein by reference.
NOTICES: Except as provided above, whenever either party desires to or must give
notice to the other, it must be given by written notice, sent by certified U.S. mail, with
return receipt requested, addressed to the party for whom it is intended, at the place last
specified and the place for giving notice in compliance with the provisions of this
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paragraph. For the present, the parties designate the following as the respective persons
and places for giving of notice:
CITY:
CITY MANAGER
100 E. Boynton Beach Blvd.,
P.O. Box 310
Boynton Beach, FL 33425
WITH A
COPY TO:
CITY ATTORNEY
100 E. Boynton Beach Blvd.,
P.O. Box 310
Boynton Beach, FL 33425
STAFFING
CONNECTION:
Carole S. Greenich, Manager
1280 South Powerline Road, # 23
Pompano Beach, FL 33069
19.
In the event of any conflict between any provisions this Agreement and any provisions
in the exhibits hereto, the parties agree that the provisions of this agreement are
controlling.
(This space left intentional blank.)
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first above written.
Signed, sealed and wimessed
in the presence of:
..."c~ttest: '~5'~o ~ .
Signed, sealed and wimessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
Approved as to Form:
~~rne' y~'-
Attest as to CONTRACTOR
State of Florida
County of Palm Beach
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) SS:
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On this '"~1 ~ - --
· ~}, ~- tray of ,30onu0J'V , 200 9, personally appeared before me, duly
authorized to administer oaths, 1 Id, O_r~x ----~ooktc ~r known
to be the persons described herein or who has produced oe. rscmo,~l¥ Ik,ao~ as
identification and who executed the foregoing instrument ~nd has acknowledged before me that
they have executed same.
My Commission Expires: ~ 15) 2003
ATTEST:
'~-l~otary Public
Maria Alvamz
: ' ·. kW'COMMISSION # CC8~5409 ~
~uly 15, 200~
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