R09-080
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2 RESOLUTION NO. R09-atl
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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.
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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
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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.
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3 PASSED AND ADOPTED this <!1 day of June, 2009.
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21 ATTEST:
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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".
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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.
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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.
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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.
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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.
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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
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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:
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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)
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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)
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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.
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Attachments (2)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Carol Doppler R09-0S7.doc
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