R06-001
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2 RESOLUTION NO. R06- 00\
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4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE AWARD OF
6 BID #009-2110-06/JA TO STAFFING
7 CONNECTION/ACTION LABOR FOR THE TWO
8 YEAR CONTRACT FOR SCHOOL CROSSING
9 GUARD SERVICES FOR AN ESTIMATED ANNUAL
10 EXPENDITURE OF $261,000.00; AUTHORIZING
11 THE CITY MANAGER TO EXECUTE CONTRACT
12 DOCUMENTS; AND PROVIDING AN EFFECTIVE
13 DATE.
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16 WHEREAS, On November 22, 2005, two (2) proposals were received and opened
17 by Procurement Services for the two year contract for school crossing guard services, and
18 staff is recommending the award to Staffing Connection! Action Labor as the lowest, most
19 responsive, responsible bidder who meets all specifications.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
23 as being true and correct and are hereby made a specific part of this Resolution upon
24 adoption.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida,
26 hereby approves the award of Bid #009-2110-06/JA to Staffing Connection!Action Labor
27 for the two year contract for school crossing guard services, and does hereby authorize the
28 City Manager to execute a contract in the estimated annual expenditure of $261,000.00, a
29 copy of said Contract is attached hereto and made a part hereof.
30
Section 3.
That this Resolution shall become effective immediately.
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Staffing Connections (Crossing Guard).doc
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PASSED AND ADOPTED this _7~ day of 66't'f!(t-~, 2006.
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CITY OF BOYNTON BEACH, FLORIDA
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f yor
Vice Mayor _'-"-
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e CommIssioner /)
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Il Commissioner
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Commissioner
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CIty Clerk .,/ /
(Corporate Seal)
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Staffing Connections (Crossing Guard).doc
CONSULTANT AGREEMENT FOR
/( '/ (,,, 00 /
THE TWO-YEAR CONTRACT FOR SCHOOL CROSSING
GUARD SERVICES
THIS AGREEMENT, made as of Februarv 07. 2006, by and between the City Of Boynton
Beach, Florida, a municipal corporation organized and existing under the laws of the State of
Florida (hereinafter "CITY"), and Staffin2 Connections/Action Labor a Nevada 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, Staffin2 Connections/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 no.# 009-2110-06/JA issued by CITY, and the Proposal of "TWO-
YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES", dated November
21.2005 (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:
1. SCHOOL CROSSING GUARDS: Staffin2 Connections/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". Staffin2
Connections/Action Labor (hereinafter known as Staffin2 Connections/
Action Labor) shall provide the following minimum personnel, at the locations
and during the time herein described, for the consideration hereinafter set forth:
(a) number of guards and rate - See Composite Exhibit "A"
(b) number of supervisory personne1- See Composite Exhibit "A"
The CITY reserves the right 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".
ATTACHMENT "B"
2. DUTY HOURS; DUTY LOCATIONS: Staffin2 Connections/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.
3. CONSIDERATION: Staffin2 Connections/Action Labor shall be compensated
for the services provided hereunder in accordance with the hourly rate set forth in
Paragraph 1. Staffin2 Connections/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. Staffin2 Connections/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.
Staffin2 Connections/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.
4. TRAINING AND SUPERVISION: Staffin2 Connections/Action Labor shall
be responsible for furnishing training and certification of each of the personnel set
forth in Paragraph 1 (a). Staffin2 Connections/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 Staffin2 Connections/Actions Labor. Staffin2 Connections/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. Staffin2 Connections/Action
Labor shall provide the services as set forth in composite exhibit "A".
5. UNIFORM: The CITY will turn over all equipment after inventory to Staffin2
Connections/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. Staffin2
Connections/Action Labor will assume equipment replacement responsibility as
needed.
ATTACHMENT "B"
6. COMPORTMENT; CHANGE OF PERSONNEL: At 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
Staffin2 Connections/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.
7. DUTY ROSTER: Staffin2 Connections/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.
8. TERM: This Agreement shall commence on the 07 day of
9. Februarv. 2006, 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 thirty (30) days prior to the end of the
contract period.
9. BILLING: Staffin2 Connections/Action Labor shall provide an invoice to the
CITY no more frequently than once 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.
1 O. 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.
II. INSURANCE: Staffin2 Connections/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 follow or $1, 000,000
Combined Single Limit; Bodily Injury of $1 ,000,000 and Property Damage of
$500,000 each occurrence.
ATTACHMENT "B"
Employer's Liability Insurance requires $1,000,000, and 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 company
must hold a valid Florida Certificate of Authority as shown in the latest "List of
All Insurance Companies Authorized or 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 of 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 Staffin2 Connections/Action Labor shall submit prior
to commencement of any work, a Certificate of Insurance showing the CITY as
additional insured.
12. INDEMNIFICATION: Staffin2 Connections/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 Staffin2
Connections/Action Labor connected with the performance of this Agreement,
whether by act or omission of Staffin2 Connections/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 ofliability afforded CITY under Section 768.28, Florida Statutes.
13. 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.
14. 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.
15. 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.
ATTACHMENT "B"
16. 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.
17. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned
herein which contain additional terms shall be deemed incorporate herein by
reference.
18. 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 ofthis paragraph. For the present, the parties designate the following
as the respective persons and places for giving of notice:
CITY:
Procurement Services
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
WITH A
COPY TO:
Mike Munro
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
Notices to the contractor can be sent to:
Staffing Connection! Action Labor
1280 S. Powerline Rd.
Pompano Beach, FI 33069
Carole S. Greenich
19. In the event of any conflict between any provisions of this Agreement and
any provisions in the exhibits hereto, the parties agree that the provisions of this
Agreement are controlling.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
CITY OF BOYNTON BEACH
By:
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Kurt Bressner, City Manager
ATTACHMENT "B"
ATTEST
Approved as to form:
BY:~~
,k;.sf ity Attorney
Signed, Sealed, and delivered
In the presence of:
BY:
Print Name
Print Name
Title:
Print Name
(CORPORATE SEAL)
ATTEST:
Secretary
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as
, of , an organization authorized to do
business in the State of Florida, and acknowledged executed the foregoing Agreement as the
proper official of . for the use and purposes mentioned in it and affixed the
official seal of the corporation, and that the instrument is the act and deed of that corporation.
He/she is personally known to me or has produced as
identification.
ATTACHMENT "B"
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this day of , 20_
NOTARY PUBLIC
My Commission Expires:
EXHIBIT A:
PROPOSED BILL RATE
BASED ON CURRENT
GUARD RATES
TOTAL FOR 29 GUARDS
(SEE ATTACHED SHEET FOR BREAKDOWN)
21 GUARDS-BILL RATE WILL BE $ 12.56
4 GUARDS-BILL RATE WILL BE $14.77
2 GUARDS-BILL RATE WILL BE $ 18.20
2 SUPERVISORS-BILL RATE WILL BE $ 19.16
STARTING NEW GUARD'S PAY RATE WILL BE
AT THE LOWEST RATE ON THE SCALE.
THIS INCLUDES A 30/0 COST OF LIVING INCREASE
FOR GUARDS CURRENTLY WORKING FOR THE
CITY OF BOYNTON BEACH. THIS INCREASE IS
BASED ON THE RI DIVISION OF WORKERS'
COMPENSATION RATES EFFECTIVE 5/10/05.
& ATTACHMENT, RESCINDING
rICE. 2ND YEAR RATE-COST OF LIVING INCREASE FOR
THE SECOND YEAR WILL BE BASED ON THE RI
DIVISION OF WORKER'S COMPENSATION RATES
NEXT MAY.
THE CONTRACT ALLOWS FOR A ONE YEAR EX-
TENSION AFTER THE TWO YEAR CONTRACT. THE
COST OF LIVING RATES WILL BE BASED ON THE
COMPENSATION RATES THAT YEAR.
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.. ' EXHIBIT A:
CITY OF BOYNTON BEACH
SCHOOL CROSSING GUARD
LOCATIONS & TIME SCHEDULE
GUAiRD LOCATION
A.M.
P.M.
Congress at MidC.le School 08:15 - 09:00 03:45 - 04:30
Ocean, Pkway & Miner Road 07: 15 - 08:00 01:50 - 02:35
Ocean PkwllY & N. Seacrest 07:00 - 07:45 02:00 - 02:45
Lawrence &: Gateway 07:15 - 08:00 01 :50 - 02:35
Congress at Middle School' 08: 15 - 09:00 03:45 - 04:30
Miner Road at School 07:15 -08:00 01:45 - 02:30
Congress Ave & ;~R 804 08:15 - 09:00 06:45 - 04:30
COD.IUeSS Ave & :,R 804 08:15 -09:00 03:45 - 04:30
N. Seacrest & NVr/ 12th Ave 07:15 -08:00 01 :50 - 02:35
Lawrence &. Gatew~ 07:15 -08:00 01:50-02:35
Seacrest & ',voolbright 07:00 - 07:45 02:00 - 02:45
Old Boynton Rd & Congress 08:15 - 09:00 03:45 -04:30
Citrus Blvd at scb.ool 07:25 - 08:10 01:45 - 02:30
NW 4th Street & NW 4[l1 Ave 07:15 -08:00 02:00 - 02:45
Boynton Bcll Blvd & Seacrest 07:00 - 07:45 . 02:15 - 03:00
Old BOYIlton & Congress 08:15 -09:00 03:45 - 04:30
SW 10ltl A Vr~ & S.eacrest 07:15 -08:00 02:00 - 02:45
SW 10th Ave & S'W 3ro Street 07:15 -08:00 01:50 - 02:35
Lawrence Rd in fJ"Ont of school 07:25 - 08: 1.0 02:00 - 02:45
Hypoluxo Rd in fi-ont of school 07: 15 - 08:00 01:45 - 02:30
HvooJuxo Rd in fj'ont of school 07:15 -08:00 01:45 - 02:30
Hypoluxo Rd Bus Entrance 07:1.5 -08:00 01:45 - 02:30
Hypoluxo Rd & Meadows Way 07:15-08:00 02:00 - 02:45
Hvooluxo Rd & Santaluces Blvd 07: 1.5 - 08:00 02:00 - 02:45
HypoluxoRd&la~n~Rd 07:15 - 08:00 02:00 - 02:45
Meadows Bl.vd & Meadows Way 07:]5 - 08:00 02:00 - 02:45
Congress Ave in front of school 07:15 - 08:00 01:45 - 02:30
Congress A "e in front of school 07: 15 - 08:00 01.:45 - 02:30
Congress Ave & (,olfRd 07: 1.5 - 08:00 02:00 - 02:45
Con~s Ave & ClolfRd 07:15 - 08:00 02:00 - 02:45
Con2ress A ve & SW 2t" Ave 07:1.5-08:00 02:00 - 02:45
Congress A ve & SW 25tn Ave 07:15 - 08:00 02:00 - 02:45
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BY'
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Kurt Bressner, City Manager
ATTACHMENT "B"
ATTEST
Approved as to form:
Signed, Sealed, and delivered
Int~epresen~~1 / (.
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Print am ~ . '-u (_,,' / . '{;<-. (JUt:.
Print Name
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(CORPORATE SEAL)
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STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly aut~zed by law 0 administer oaths and take
/? acknow1ed ents, personally a~ar~d () (l n 'Ot> eras
I' re::>/ dUl+- . CEO , of c-/-ion Laho , an organization authorized to do
bUSiness in the State of Florida, and acknowledged executed the foregoing Agreement as the
proper official of lJo+lon Let bo"'-: for the use and purposes mentioned in it and affixed the
official seal of the corporation, and that the instrument is the act and deed of that corporation.
He/she is personally known to me or has produced -:f, 0 r"'; d (j....... 1/1; v ~ r f S as
identification. Ci <.... e n~
ATTACHMENT "B"
IN WITNESS OF THE FOREGOING, I have set m
County aforesaid on this I '5 +-1-) day of
My Commission Expires:
f ( I d5 f D,
ld official seal at in the State and
,20()(P.
~,'"""~ Nydia NIfIS
l!4"k~\ CcJm1ll\cdml.'-.
wiJFfI'a#
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Janet Allen
Buyer
FROM:
Judy Pyle
Deputy City Clerk
DATE:
February 15, 2006
RE:
RESOLUTION NO. ROG-OOl - Two year contract for School
Crossing Guard Services
Attached is the partially executed original contract for the above-mentioned contract.
Once the contract is fully executed, please return the original to this office for Central
File.
Please contact me if there are any questions. Thank you.
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Attachments
Copy: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\Janet Allen. 04-05-05 meeting - DEBRIS REMOVAL.doc