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R09-080 II I 1 2 RESOLUTION NO. R09-atl 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD OF 6 BID #027-2110-09/JA TO KEMP GROUP 7 INTERNATIONAL CORPORATION OF MIAMI, 8 FLORIDA FOR THE TWO YEAR CONTRACT FOR 9 SCHOOL CROSSING GUARD SERVICES FOR AN 10 ESTIMATED ANNUAL EXPENDITURE OF 11 $304,170.00; AUTHORIZING THE CITY MANAGER 12 TO EXECUTE THE AGREEMENT FOR TWO-YEAR 131 CONTRACT FOR SCHOOL CROSSING GUARD 14 SERVICES; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 18 WHEREAS, On March 3, 2009, two (2) proposals were received and opened by 19 Procurement Services for the two year contract for school crossing guard services; and 20 WHEREAS, staff is recommending the award to Kemp Group International 21 Corporation, of Miami, Florida as the lowest, most responsive, responsible bidder who 22 meets all specifications. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, 29 hereby approves the award of Bid #027-211O-09/JA to Kemp Group International 30 Corporation for the two year contract for school crossing guard services, and does hereby 31 authorize the City Manager to execute an Agreement in the estimated annual expenditure S:\CA\RESOlAgreements\Bid AwardslAward of Bid - Kemp Group (Crossing Guard).doc IT I 1 of $304, 170.00, a copy of said Agreement is attached hereto and made a part hereof. 2 Section 3. That this Resolution shall become effective immediately. t:!2. 3 PASSED AND ADOPTED this <!1 day of June, 2009. I I 4 5 6 7 , 8 9 10 11 I 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 25 26 27 28 29 30 31 32 33 34 35 S:\CA\RESOlAgreements\Bid AwardslAward of Bid - Kemp Group (Crossing Guard).doc I(Of{ ~o~t) AGREEMENT FOR "TWO-YEAR CONTRACT FOR SCHOOLCROSSING GUARD SERVICES" THIS AGREEMENT, made as of June 2. 2009, 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 Kemp Group International Corporation a Florida 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, Kemp Group International Corporation 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# 027-2110-09/JA issued by CITY, and the Proposal of "TWO- YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES", dated March 02. 2009 (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: Kemp Group International Corporation 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". Kemp Group International Corporation (hereinafter known as Kemp Group International Corporation) 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 personnel- 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". CA-l 2. DUTY HOURS; DUTY LOCATIONS: Kemp Group International Corporation 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: Kemp Group International Corporation shall be compensated for the services provided hereunder in accordance with the hourly rate set forth in Paragraph 1. Kemp Group International Corporation 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. Kemp Group International Corporation 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. Kemp Group International Corporation 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: Kemp Group International Corporation shall be responsible for furnishing training and certification of each of the personnel set forth in Paragraph 1 (a). Kemp Group International Corporation 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 Kemp Group International Corporation. Kemp Group International Corporation 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. Kemp Group International Corporation shall provide the services as set forth in composite exhibit "A". 5. UNIFORM: The CITY will turn over all equipment after inventory to Kemp Group International Corporation 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. Kemp Group International Corporation will assume equipment replacement responsibility as needed. CA-2 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 Kemp Group International Corporation, 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: Kemp Group International Corporation 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 24th day of Julv. 2009, 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 one (1) additional one (1) year period 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: Kemp Group International Corporation 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. 10. 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. 11. INSURANCE: Kemp Group International Corporation 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. CA-3 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 Kemp Group International Corporation shall submit prior to commencement of any work, a Certificate of Insurance showing the CITY as additional insured. 12. INDEMNIFICATION: Kemp Group International Corporation 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 Kemp Group International Corporation connected with the performance of this Agreement, whether by act or omission of Kemp Group International Corporation, 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. 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. CA-4 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 of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: Notices to the City of Boynton Beach shall be sent to the following address: CITY: Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Fl 33425 WITH A COpy TO: Michael Kelley Boynton Beach Police Dept 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 Notices to Bidder shall be sent to the following address: Kemp Group International Corporation P.O. Box 471614 Miami, Fl 33247 Christina Aderinokun 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. CA-5 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: ATTEST Kurt Bressner, City Manager Janet Prainito, City Clerk Approved as to form: By: City Attorney Signed, Sealed, and delivered Kemp Group International Corporation In the presence of: BY: Print Name Print Name Title: Print Name (CORPORATE SEAL) ATTEST: Secretary CA-6 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. 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: CA-7 Exhibit "A" CITY OF BOYNTON BEACH SCHOOL CROSSING GUARD LOCATIONS & TIME SCHEDULE GUARD LOCATION A.M. P.M. Congress at Middle School 08:15 - 09:00 03:45 - 04:30 (Congress Middle School) Ocean Parkway & Miner Road 07:15 - 08:00 01:50 - 02:35 (Rolling Green Elementary School) Ocean Parkway & N. Seacrest 07:00 - 07:45 02:00 - 02:45 (Rolling Green Elementary School) Lawrence & Gateway 07:15 - 08:00 01 :50 - 02:35 (Santaluces High School) Congress at Middle School 08:15 - 09:00 03:45 - 04:30 (Congress Middle School) Miner Road at School 07:15 - 08:00 01 :45 - 02:30 (Rolling Green Elementary School) Congress Ave & SR 804 08:15 - 09:00 06:45 - 04:30 (Congress Middle School) Congress Ave & SR 804 08:15 - 09:00 03:45 - 04:30 (Congress Middle School) N. Seacrest & NW 12tn Ave 07:15 - 08:00 01:50 - 02:35 (Poinciana Elementary School) Lawrence & Gateway 07:15 - 08:00 01:50 - 02:35 (Santaluces High School) Seacrest & Woolbright 07:00 - 07:45 02:00 - 02:45 (Forest Park Elementary School) Old Boynton Rd & Congress 08:15 - 09:00 03 :45 - 04:30 (Congress Middle School) Citrus Blvd at school 07:25 - 08:10 01:45 - 02:30 (Citrus Cove Elementary School) NW 4tn Street & NW 4tn Ave 07:15 - 08:00 02:00 - 02:45 (Galaxy Elementary School) Boynton Bch Blvd & Seacrest 07:00 - 07:45 02:15 - 03:00 (Galaxy Elementary and Poinciana Elementary Schools) Old Boynton & Congress 08:15 - 09:00 03 :45 - 04:30 (Congress Middle School) SW 10m Ave & Seacrest 07:15 - 08:00 02:00 - 02:45 (Forest Park Elementary) SW 10tn Ave & SW 3TO Street 07:15 - 08:00 01 :50 - 02:35 (Forest Park Elementary) CA-8 Exhibit "A" Lawrence Rd in front of school 07:25 -- 08:10 02:00 - 02:45 (Santaluces Hi School) Hypoluxo Road in front of school 07:15 - 08:00 01 :45 - 02:30 (Freedom Shores Element ) Hypoluxo Road in front of school 07:15 - 08:00 01 :45 - 02:30 (Freedom Shores Element ) Hypoluxo Road Bus Entrance 07:15 - 08:00 01 :45 - 02:30 (Freedom Shores Elementary) Hypoluxo Road & Meadows Way 07:15 - 08:00 02:00 - 02:45 (Freedom Shores Element ) Hypoluxo Road & Santaluces 07:15 - 08:00 02:00 - 02:45 Blvd (Santaluces Hi School) Hypoluxo Road & Lawrence Road 07:15 - 08:00 02:00 - 02:45 (Santaluces Hi h School) Meadows Blvd & Meadows Way 07:15 - 08:00 02:00 - 02:45 (Freedom Shores Elementary) Congress Ave in front of school 07:15 - 08:00 01 :45 - 02:30 (Cross ointe Elementary) Congress Ave in front of school 07:15 - 08:00 01:45 - 02:30 (Cross ointe Elementar ) Congress Ave & GolfRd 07:15 - 08:00 02:00 - 02:45 (Crosspointe Elementary) Congress Ave & Golf Rd 07:15 - 08:00 02:00 - 02:45 (Cross ointe Element ) Congress Ave & SW 27t Ave 07:15 - 08:00 02:00 - 02:45 (Cross ointe Element ) Congress Ave & SW 25t Ave 07:15 - 08:00 02:00 - 02:45 (Cross ointe Elementary) CA-9 Exhibit "A" KEMP GROUP lNTERNA TIONAL Bid # 027 -211-09/JA Two year contract for school crossing guard services PROPOSED HOURLY RATES FOR TIlE FOLLOWING CLASSIFACTIONS: School Crossing Guard Bill rate @S14.30 per hour Supervisors Bill rate @ $16.98 per hour (minimum of 5 hours per day) The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.f1.us www.boynton-beach.org MEMORANDUM TO: Carol Doppler Purchasing Agent FROM: Janet M. Prainito City Clerk DATE: June 3, 2009 SUBJECT: ROg-OaD Two Year Contract for School Crossing Guard Services The resolution and the agreement mentioned above were approved by the City Commission at their regular meeting held on June 2, 2009. Please have the attached agreement signed by Kemp Group International Corporation and return to me for further processing. Thank you. ~trn. ~ Attachments (2) C: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Carol Doppler R09-0S7.doc America's Gateway to the Gulfstream