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R13-1151 2 RESOLUTION NO. R13 -115 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING THE AWARD OF BID #076 -2110- 6 13 /JMA AND TWO YEAR CONTRACT FOR SCHOOL 7 CROSSING GUARD SERVICES TO ACTION LABOR 8 MANAGEMENT LLC DBA STAFFING CONNECTIONS OF 9 WEST PALM BEACH, FLORIDA FOR AN ESTIMATED 10 ANNUAL EXPENDITURE OF $300,000.00; AUTHORIZING THE 11 CITY MANAGER TO EXECUTE THE AGREEMENT FOR TWO - 12 YEAR CONTRACT FOR SCHOOL CROSSING GUARD 13 SERVICES; AND PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, On September 9, 2013, four (4) proposals were received and opened 17 by Procurement Services for the two year contract for school crossing guard services with 18 one of the four was determined to be non - responsive for missing documentation; and 19 WHEREAS, staff is recommending the award to Action Labor Management, LLC 20 dba Staffing Connections of West Palm Beach, Florida as the lowest, most responsive, 21 responsible bidder who meets all specifications. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 23 CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, 28 hereby approves the award of bid and Two Year Contract for School Crossing Guard 29 Services for Bid #076 - 2110 -13 /JMA to Action Labor Management LLC, dba Staffing 30 Connections of West Palm Beach, Florida and does hereby authorize the City Manager to \ \apps3 city cbb \auto\Data \189 \Items \181\2634 \3490 \Reso_ Award_of_Bid_ _ Staffing_ Connections _(Crossing_Guard)(2013) doc 1 execute an Agreement in the estimated annual expenditure of $300,000.00, a copy of said 2 Agreement is attached hereto and made a part hereof. 3 Section 3. That this Resolution shall become effective immediately. 4 PASSED AND ADOPTED this /,5 day of October, 2013. 5 6 7 8 9 10 11 12 13 14 15 16 1 ? 18 19 20 21 22 ATTEST: 23 24 25 - 26 2,j'j�- net M. Prainit MC 'ity Clerk 29 30 31 32 (Corporate Seal) 33 CITY OF BOYNTON BEACH, FLORIDA M or - Je Tayl e o Ma r - Woodrow L. Ha Mayor Commissioner - vi erker _ Of C mmissio Fitzpatrick Coi imissioner - Joe Casello \ \apps3 city cbb \auto\Data \189 \Items \181\2634 \3490 \Reso_- Award_of_Bid_- — Staff ing_ Connections _(Crossing_Guard)(2013) doc THIS AGREEMENT, made as of November 7. , 2013, 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 ACTION LABOR MANAGEMENT, LLC d /b /a STAFFING CONNECTION hereinafter (CONTRACTOR) WITNESSETH: WHEREAS, the CITY is desirous of providing for the satisfaction of its school crossing guard program through an independent contractor agreement; and WHEREAS, CONTRACTOR 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. 076- 2110- 13 /JMA issued by CITY, and the Proposal of Action Labor Management, LLC /Staffing Connection, dated September 5, 2013 (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: CONTRACTOR will 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 Exhibits. The CONTRACTOR will provide the following minimum personnel, at the locations and during the time herein described, for the consideration hereinafter set forth: a. Price Proposal with hourly rates for guards and supervisors — Exhibit 'A' b. Specifications for a Two Year Contract for School Crossing Guard Services — Exhibit 'B' C. Schedule and Locations — Exhibit 'C' 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 Exhibit 'C'. 2. DUTY HOURS; DUTY LOCATIONS: CONTRACTOR will 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 will become effective on the date set forth in such written directive, provided that such date will not be sooner than three (3) business days from the date of the written directive. 3. CONSIDERATION: CONTRACTOR will be compensated for the services provided hereunder in accordance with the hourly rate set forth in Paragraph 1. CONTRACTOR will be solely responsible for and will 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. Action Labor Management, LLC d /b /a Staffing Connection is being retained as an Independent Contractor and acknowledges this Agreement does not create any employment relationship with the CITY. The CITY will bear no responsibility for any such charges, fees, permits, and the like associated with the employment of such personnel. CONTRACTOR 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: CONTRACTOR will be responsible for furnishing, training and certification of each of the personnel set forth in Paragraph 1 (a). CONTRACTOR represents that it is a qualified trainer and will provide personnel meeting these training and certification standards required pursuant to Section 234.302, Florida Statutes. No person lacking such certification will perform services for the CITY hereunder by Action Labor Management, LLC d /b /a Staffing Connection will have, at all times during the term hereof, at its ready disposal, backup personnel. The CITY will pay the rate as set forth in Paragraph 1 for actual training and retraining of applicable personnel. CONTRACTOR will provide the services as set forth in composite exhibits. 5. UNIFORM: The CITY will turn over all equipment after inventory to CONTRACTOR for continued usage throughout the term of this Agreement. All personnel will 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 will dress in a clean and neat manner. CONTRACTOR will assume equipment replacement responsibility as needed. 6. CONDUCT; CHANGE OF PERSONNEL: At times when such personnel are working in the CITY whether or not on duty, such personnel will conduct themselves in a manner which will not bring disrespect upon the CITY or the CONTRACTOR, 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: CONTRACTOR will provide the CITY with the names of all personnel, and the location of such individual's post location. Such roster will be provided on a weekly basis as of Friday of the week preceding. 8. TERM: This Agreement will commence on the day of 2013 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 three (3) 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: CONTRACTOR will provide an invoice to the CITY no more frequently than once per month. Each invoice will 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 will not be terminated until thirty (30) days subsequent to the date of such written notice. 11 INSURANCE: Contractor will provide liability insurance coverage, written with such insurance carriers as the CITY will 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. 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, 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. Prior to commencement of work, Contractor shall submit a Certificate of Insurance naming the City as "additional insured ". 12. INDEMNIFICATION: CONTRACTOR 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, omission, or misfeasance, connected with the performance of this Agreement, whether by act or omission of CONTRACTOR, 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 will 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 will not be assigned or transferred by either party without the written consent of the other party. 14. CONSTRUCTION: This Agreement and the terms hereof will be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction will 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 will 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. 16. COUNTERPARTS: This Agreement may be executed in one or mare counterparts, each of which will be deemed to be an original, but all of which will constitute one and the same Agreement. 17. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein which contain additional terms will 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 will be sent to the following address: Boynton Beach Police Department 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 ATTN: Lt. Joseph DeGiulio, Contract Administrator Notices to Bidder will be sent to the following address: Action Labor Management, LLC d /b /a Staffing Connection 624 Nottingham Road West Palm Beach, FL 33405 ATTN: Ms. Karen A. Hoover 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. 20. PUBLIC RECORDS. The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: • Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; • Provide the public with access to such records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statute, or as otherwise provided by law; • Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and • Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in item 10. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY OF BOYNTON BEACH FAT 10 g :&'I J et o' Cit'. By: Lori LaVerriere, City Manager APPROVED AS TO FORM: Y f 7 City Attorney Signed, Sealed, and delivered In the presence of: i "p, Prilbl"Name Print Name ACTION LABOR MANAGEMENT, LLC d/b/a STAFFING CONNECTION ... .... .... BY: Print Name Title: (CORPORATE SEAL) ATTEST: Secretary � � 1 PRICE PROPOSAL FOR TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES U�" 11L, 111 Tne manner prescribed therein and to the standards of quality and performance established by the City for the hourly rate stated below: HOURLY RATE FOR EACH CROSSING GUARD: s 1'2,2- S HOURLY RATE FOR EACH SUPERVISOR: $ t 2- .7— '-:� Written Amount per hour: ( It is agreed that the response time.for the placement of school crossing guards will be hours after receipt of an order ftm the City of Boynton Beach Police Department Original and three (3) copies submitted yf–a— Specification "check-ofr sheets Copy of Business Tax License submitted ��- 5 School Crossing Guard Training Certificate submitted Price Proposal Sheets submitted vc- Schedule of Subcontractors submitted �,J 21 THIS PAGE TO BE SUBMITTED WITH PROPOSAL FOR PRICE PROOSAL Continued A-vkco I (-\V-)C) A�Aq,� Oor POMPANYNAME EMAIL (%(A) — r - ic, �4�L4 TELEPHONE NUMBER City of Boynton Beach Bid No. 076-2110-13/JMA PRINTED NAME TITLE 22 THIS PAGE TO BE SUBMITTED WITH PROPOSAL FOR ! �', != 1- Eg22d(? ±�qr L ? Please place an (x) ©n the blank line next to each item if a specification is met. If exception is % <+ « » « z »<» , bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 5 - 7) with the proposal sheet in order for a bid to be considered. THIS r: <4 BE SUBMITTED WI» :!> !OSA FOR - 1. Az2&%VW!11 The Contractor will be required to provide school crossing guard coverage at the various locations included in the bid specifications. The City reserves the right to increase or decrease the number of crossing locations to be staffed at any time and for any reason. The Contractor will be flexible and provide guards for the hours needed upon the instructions of appropriate City personnel. City of Boynton Beach Bid No. 076-2110-13/1MA 1.3 M 6 ATOM K-4j.] 490 k 1 0 P • ij , A TAIS PAGE TO SUBMITTED PROPOSAL O. r► F ► .; IK4 IL 6 1 4 if ' 0 M 0 MUM I I i 1 i 1 4 i A 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 I 07:00 — 07:45 02:00 —02:45 (Rolling Green Elementary School) I Lawrence & Gateway 07:15 —08:00 01:50 — 02:35 (Santaluces High School) I Congress at Middle School 08:15 — 09:00 03:45 —04:30 (Congress Middle School) I 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) I I Congress Ave & SR 804 I 08:15 — 09:00 03:45 — 04:30 (Congress Middle School) I N. Seacrest & NW 12 Ave I 07:15 — 08:00 01:50 — 02:35 (Poinciana Elementary School) I Lawrence & Gateway I 07:15 —08:00 01:50 —02:35 (Santaluces High School) I Seacrest & Woolbright I 07:00 — 07:45 02:00 — 02:45 (Forest Park Elementary School) I Old Boynton Rd & Congress 08:15 — 09:00 03:45 —04:30 (Congress Middle School) I Citrus Blvd at school I 07:25 —08:10 01:45 — 02:30 (Citrus Cove Elementary School) I NW 4 th Street & NW 4 th Ave I 07:15 — 08:00 02:00— 02:45 (Galaxy Elementary School) I Boynton Bch Blvd & Seacrest 07:00 — 07:45 02:15 — 03:00 (Galaxy Elementary and Poinciana Elementary Schools) Old Boynton & Congress I 08:15 —09:00 03:45 — 04:30 (Congress Middle School) I SW 10 Ave & Seacrest 07:15 — 08:00 02:00— 02:45 (Forest Park Elementary) I I Seacrest and MLK Jr. Blvd. I 07:15 —08:00 I 01:45 — 02:30 Galaxy and Poinciana City of Boynton Beach Bid No. 076 - 2110- 13 /JMA SW 10" Ave & SW 3 rd Street 07:15 — 08:00 01:50 —02:35 (Forest Park Elementary) Lawrence Rd in front of school 07:25 — 08:10 02:00 — 02:45 (Santaluces High School) Hypoluxo Road in front of school 07:15 — 08:00 01:45 —02:30 (Freedom Shores Elementary) I I Hypoluxo Road in front of school 07:15 —08:00 01:45 — 02:30 (Freedom Shores Element ary) I I Hypoluxo Road Bus Entrance 07:15 — 08:00 01:45 — 02:30 (Freedom Shores Elementary) I I Hypoluxo Road & Meadows Way 07:15 — 08:00 02:00 —02:45 (Freedom Shores Elementary) I I Hypoluxo Road & Santaluces Blvd 07:15 —08:00 02:00 — 02:45 (Santaluces High School) I I Hypoluxo Road & Lawrence Road 07:15 — 08:00 02:00-02:45 (Santaluces High School) I I Meadows Blvd & Meadows Way 07:15 —08:00 02:00 — 02:45 (Freedom Shores Elementary) I I Congress Ave in front of school I 07:15 — 08:00 01:45 — 02:30 (Crosspointe Elementary) I Congress Ave in front of school 07:15 —08:00 01:45 — 02:30 (Crosspointe Elementary) I I Congress Ave & Golf Rd I 07:15 — 08:00 02:00 — 02:45 (Crosspointe Elementary) I Congress Ave & Golf Rd I 07:15 — 08:00 02:00 — 02:45 (Crosspointe Elementary) I Congress Ave & SW 27 Ave I 07:15 —08:00 02:00-02:45 (Crosspointe Elementary) I Congress Ave & SW 25 Ave I 07:15 — 08:00 02:00 — 02:45 (Crosspointe Elementary) I 1201 SW 3 rd Street I 07:15 —08:00 01:45 —02:30 (Forest Park Elementary) I Galaxy Elementary School 1 07:15 — 08:00 1 03:00 — 03:34 Entrance at NW 4 th Avenue City of Boynton Beach 2 Bid No. 076 - 2110- 13 /JMA