R09-148
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2 RESOLUTION NO. R09-l1g
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4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING THE AWARD OF
6 RE-BID TO RE-BID #067-2110-09/JA TO STAFFING
7 CONNECTIONS/ACTION LABOR OF WEST PALM
8 BEACH, FLORIDA FOR THE TWO YEAR
9 CONTRACT FOR SCHOOL CROSSING GUARD
10 SERVICES FOR AN ESTIMATED ANNUAL
11 EXPENDITURE OF $304,170.00; AUTHORIZING
12 THE CITY MANAGER TO EXECUTE THE
13 AGREEMENT FOR TWO-YEAR CONTRACT FOR
14 SCHOOL CROSSING GUARD SERVICES; AND
15 PROVIDING AN EFFECTIVE DATE.
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18 WHEREAS, On August 26,2009, two (2) proposals were received and opened by
19 Procurement Services for the two year contract for school crossing guard serviccs; and
20 WHEREAS, staff is recommending the award to Stafting Connections/Action
21 Labor of West Palm Beach, Florida as the lowest, most responsive, responsible bidder
22 who meets all specifications.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as bcing true and correct and are hcreby made a spccific part of this Resolution upon
27 adoption.
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Section 2.
The City Commission of the City of Boynton Beach, Florida,
29 hereby approves the award of re-bcd of a rc-bid Bid #067-2110-09/JA to Staf1ing
30 Connections/Action Labor of West Palm Beach, Florida for the two year contract for
31 school crossing guard services, and does hereby authorize the City Manager to execute an
S:\CA\RESO\Agreements\Reso -Award of re-Bid - Staffing Connections {Crossing Guard).doc
1 Agrccment in the estimated annual expenditure of $304, 170.00, a copy of said Agreement
2 is attached hereto and made a part hereof.
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Section 3.
That this Resolution shall become effective immediately.
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PASSED AND ADOPTED this ,5?O day of October, 2009.
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CITY OF BOYNTON BEACH, FLORIDA
~~~~-
~yor - 'rry T or
~ ~(' _l~en-;;) :t:
~~o~ L. Hay
Commissioner - Ronald Wciland
L- ~ __---
Commissioncr - Josc RodriguJ-
ATTEST:
ltn.~
Ja t M. Prainito, CMC
ty Clerk
S:\CA\RESO\Agreements\Reso -Award of re-Bid - Staffing Connections (Crossing Guard).doc
Rag -1L\ S'
CONSULTANT AGREEMENT FOR
RE-BID TO RE-BID
FOR
"THE TWO-YEAR CONTRACT FOR SCHOOL
CROSSING GUARD SERVICES"
THIS AGREEMENT, made as of October 20, 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 StaffiDl! Connections/Action Labor 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, Staffin!! 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 #067-21l0-09/JA issued by CITY, and the Proposal of "TWO-
YEAR CROSSING GUARD SERVICES", dated Au!!ust 24, 2009 (co\1ectively 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: Staffin!! Connections/Action Labor shall
provide the school crossing guard and supervisory services necessary to satisfy
the requirements ofthe 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". Staffin!!
Connections/Action Labor (hereinafter known as Staffio!! 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 personnel - See Composite Exhibit "A"
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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".
2. DUTY HOURS; DUTY LOCA nONS: Staffinl! 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: Staffinl! Connections/Action Labor shall be compensated
for the services provided hereunder in accordance with the hourly rate set forth in
Paragraph I. Staffinl! 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. Staffinl! 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.
Staffinl! 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: Staffinl! Connections/Action Labor shall
be responsible for furnishing training and certification of each of the personnel set
forth in Paragraph 1 (a). Staffinl! 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 Staffinl! Connections/Action Labor. Staffinl! Connections/Action Labor
shall have, at all times during the ternl hereof, at its ready disposal, backup
personnel. The CITY shal1 pay the rate as set forth in Paragraph 1 for actual
training and retraining of applicable personnel. Staffinl! 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 Staffinl!
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. Staffinl!
Connections/Action Labor 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
Staffinl! 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: Staffinl! 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 20th day of October, 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 two (2) additional one year periods subject to vendor acceptance,
and satisfactory performance, and deternlination 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: Staffinl! Connections/Action Labor shall provide an invoice to the
CITY no more frequently than once per month. Each invoice shal1 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 rte, bill rate and daily hours
worked.
10. TERMINATION: Either party may terminate this Agreement on written notice,
provided that the services hereunder shal1 not be terminated until thirty (30) days
subsequent to the date of such written notice.
11. INSURANCE: Staffinl! 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 ofliability as follow or $1,000,000
Combined Single Limit; Bodily Injury of$l,OOO,OOO 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 Staffinl! Connections/Action Labor shall submit prior
to commencement of any work, a Certificate of Insurance showing the CITY as
additional insured.
12. INDEMNIFICATION: Staffinl! 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 Staffinl!
Connections/Action Labor connected with the performance of this Agreement,
whether by act or omission of Staffinl! 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 shaH 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.
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.
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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:
Staffing Connections/Action Labor
900 Osceola Drive, Ste #222
West Palm Beach, Fl 33409
Attn: Karen 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.
CA-S
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first above written.
ATTEST
Approved as to form:
By:
City Attorney
Signed, Sealed, and delivered
if=Ef:
L e~ll(rl L ~ Oc
Print Name
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Print Nam
ATTEST:
Secretary
TON BEACH
By:
Kurt Bressner, City Manager
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STAFFING CONNECTIONS/ACTION LABOR
'.J3"'y:
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Print Name
Title: Yfc:s\d~~
(CORPORATE SEAL)
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STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to adl-bister oaths and take
acknowledgments, personally appeared _rlWlen c:lve.v- as
\)(""e"'id~ , of *-1'0'1 L"bor Iff FL, an organization authorized to do
business in the State 9f Flrida, and acknowledged executed the foregoing Agreement as the
proper official of fle)"ol1 ,.A,ar . for the use and purposes mentIOned 1111t and affixed the
official seal of the corporation, and that the instrument is the act and deed of that corporation.
We/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 N<lVt' .MIo-e.,l' /16722 ______
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NOTARY
My Commission Expires: )1/3/11
,""~~"~~/#, !
lm i IRIS N. HERNANDEZ
a. : . ~otary ~ubllc . State of Flofida
~, ~T~ CommiSSion Expirll8Aug 13 2011
'":,~~,,):,:,~p.t,,..- Commission II 00 70443..
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CITY OF BOYNTON BEACH
SCHOOL CROSSING GUARD
LOCA TIONS & 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 12111 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 4'h Street & NW 4'h 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 10'h Ave & Seacrest 07:15 - 08:00 02:00 - 02:45
(Forest Park Elementary)
SW 10'h Ave & SW)'d Street 07:15 - 08:00 01 :50 - 02:35
(Forest Park Elementarv)
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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)
Hypoluxo Road in front of school 07:15 - 08:00 01:45 - 02:30
(Freedom Shores Elementary)
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 Elementary)
Hypoluxo Road & Santaluces 07:15-08:00 02:00 - 02:45
Blvd
(Santaluces High School)
Hypoluxo Road & Lawrence Road 07:15 - 08:00 02:00 ~ 02:45
(Santaluces Hicl1 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
(CrossDointe Elementarv)
Congress Ave in front of school 07: 15 - 08:00 01:45 - 02:30
(Crosspointe Elementary)
Congress Ave & GolfRd 07:15 - 08:00 02:00 - 02:45
(Crosspointe Elementary)
Congress Ave & GolfRd 07:15 08:00 02:00 - 02:45
(Crosspointe Elementary)
Congress Ave & SW 27'n Ave 07:15-08:00 02:00 ~ 02:45
(Crosspointe Elementary)
Congress Ave & SW 25'0 Ave 07:15 - 08:00 02:00 - 02:45
(CrossDointe Elementarv)
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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, CMC
City Clerk
DATE: October 21, 2009
SUBJECT: R09-148 Two Year Contract for School Crossing Guard
Attached for your handling is the original agreement mentioned above and a copy of
the Resolution. Once the document has been executed, please return the original to
the City Clerk's Office for final execution.
Thank you.
~'In p~~: f;.,
Attachments (2)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Carol Doppler R09-131.doc
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