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Home My WebLink AboutCity of Tamarac Resolution R-2005-094Temp Reso #10713 May 11, 2005 Revision 1 — May 18, 2005 Revision 2 — May 19, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- Cl 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE SECOND RENEWAL OPTION OF THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA, LLC (AKA: STAFFING CONNECTION) PROVIDING FOR CROSSING GUARD SERVICES EFFECTIVE OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2007; AND AMENDING THE AGREEMENT TO APPROVE A RATE INCREASE FROM $7.98 PER HOUR TO $8.92 PER HOUR, EFFECTIVE MAY 2, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac requires School Crossing Guard Services to promote the safety and well being of children walking and bicycling to and from school; and WHEREAS, the City entered into an agreement with Action Labor of Florida LLC aka Staffing Connection executed on October 19, 2001, via Resolution No. R-2001-312, for a one year period with the option to renew for two (2) additional two (2) year periods, a copy of said Agreement is attached hereto as Exhibit "1 "; and u Temp Reso #10713 May 11, 2005 Revision 1 — May 18, 2005 Revision 2 — May 19, 2005 Page 2 WHEREAS, Resolution No. R-2003-190 executed on August 27, 2003 approved the first two (2) year renewal option, effective October 1, 2003 through September 30, 2005, attached hereto as Exhibit "T, and WHEREAS, the State of Florida Constitution, Article X "Miscellaneous", Section 24 "Florida Minimum Wage", effective May 2, 2005, a minimum wage is established in the State of Florida; and WHEREAS Action Labor of Florida LLC aka Staffing Connection has requested an increase in the hourly cost for each crossing guard to provide for compliance with the new Florida Minimum Wage requirements as shown in their correspondence of April 30, 2005, a copy of which is included herein as Exhibit "Y; and WHEREAS the current Agreement provides for price adjustments as a result of changes to the Minimum Wage; and WHEREAS, in order to comply with the requirement to pay the Florida Minimum Wage Section 5, Contract Sum, of the original agreement should be changed from $7.98 per hour to $8.92 per hour; and 1 d Temp Reso #10713 May 11, 2005 Revision 1 -- May 18, 2005 Revision 2 — May 19, 2005 Page 3 WHEREAS, the current agreement between Action Labor of Florida, LLC (aka: Staffing Connection) and the City of Tamarac providing for school crossing guard services will expire on September 30, 2005; and WHEREAS, Action Labor of Florida LLC, (aka: Staffing Connection) has satisfactorily performed its contractual services for the City of Tamarac and has agreed to extend the term of the Agreement through September 30, 2007, via the Agreement Amendment between the City of Tamarac and Action Labor of Florida LLC aka Staffing Connection, attached hereto as Exhibit 'A"; and WHEREAS, funding is available in the General Fund for said purposes; and WHEREAS, the Director of Building and Code Compliance and the Purchasing and Contracts Manager recommend approval of the second two (2) two-year renewal option periods between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection) effective October 1, 2005 through September 30, 2007; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to exercise the first renewal option of the Agreement between the City of Tamarac and Action Labor of Florida, LLC (aka Staffing Connection) for school crossing guard services effective October 1, 2005 through September 30, 2007; original Contract awarded by Resolution No. R-2001-312. Temp Reso #10713 May 11, 2005 Revision 1 — May 18, 2005 Revision 2 -- May 19, 2005 Page 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the Agreement Amendment between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection) to approve amending Section 5 of the Agreement to adjust the rate increase from $7.98 per hour to $8.92 per hour beginning May 2, 2005 (attached hereto as Exhibit "4"). SECTION 3: The appropriate City Officials are hereby authorized to execute the Agreement Amendment between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection) for the second renewal of school crossing guard services for a period beginning October 1, 2005 and ending on September 30, 2007 (attached hereto as Exhibit "4"). SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1-1 1 Temp Reso #10713 May 11, 2005 Revision 1 — May 18, 2005 Revision 2 — May 19, 2005 Page 5 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this25'day of r))o,1 I , 2005. O SCHREIBER Mayor ATTEST: r l Ja, CORD OF COMMISSION VOTE: .MARION SWENSO , CMC MAYOR SCHREIBER G CITY CLERK DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4EL S. GOREN M INTE IM CITY ATTORNEY Temp Reso #10713 Exhibit #1 11 October 18, 2001 - Temp Reso #9579 1 Revision No. 1 - October 19, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO R-2001-312 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 02-03B ENTITLED "SCHOOL CROSSING GUARD SERVICES" AND ACCEPT AND EXECUTE A CONTRACT WITH ACTION LABOR OF FLORIDA, LLC (AKA STAFFING CONNECTION) FOR A ONE (1) YEAR PERIOD COMMENCING ON NOVEMBER 1, 2001 WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, Florida requires School Crossing Guard Services to promote the safety and well being of children walking and bicycling to school; and WHEREAS, the City of Tamarac publicly advertised Bid No. 02-03B for School Crossing Guard Services in the Sun Sentinel on both September 23 and 30, 2001 (attached hereto as Exhibit 1"); and WHEREAS, three (3) vendors were solicited and two (2) bids were opened and reviewed to determine cost and responsiveness to the City's specifications; and WHEREAS, Action Labor of Florida, LLC (aka Staffing Connection) submitted the lowest responsive, responsible bid as per the copy of Bid No. 02-03B and Bid tabulation as 1 follows; and October 18, 2001 - Temp Reso #9579 2 Revision No. 1 - October 19, 2001 Action Labor of Florida, LLC DSI Security Services, Inc. $7.98/hour $12.08/hour WHEREAS, sufficient funds are available in the appropriate operating fund; and WHEREAS, it is the recommendation of the Director of Community Development and Purchasing/Contracts Manager to award Bid No. 02-03B entitled "School Crossing Guard Services" and accept and execute a Contract with Action Labor of Florida, LLC (aka Staffing Connection) for a one (1) year period commencing on November 1, 2001 and with the option to renew for two (2) additional two (2) year periods; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to award Bid No. 02-03B entitled "School Crossing Guard Services" and accept and execute a Contract with Action Labor of Florida, LLC (aka Staffing Connection) for a one (1) year period commencing on November 1, 2001 and with the option to renew for two (2) additional two (2) year periods. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ICITY OF TAMARAC, FLORIDA: 1 1-1 F1 October 18, 2001 - Temp Reso #9579 3 Revision No. 1 - October 19, 2001 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a speck part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to award Bid No. 02-03B entitled "School Crossing Guard Services" and accept and execute a Contract with Action Labor of Florida, LLC (aka Staffing Connection) for a one (1) year period commencing on November 1, 2001 and with the option to renew for two (2) additional two (2) year periods, a copy of said Contract (attached hereto as Exhibit "2"). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. F-i 1 SECTION 5: passage and adoption. October 18, 2001 - Temp Reso #9579 4 Revision No. 1 - October 19, 2001 This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 24' day of October, 2001. ATTEST: MARION SVV N ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this Icommdev\u:\pats\userdata\wppdata\res\9579 r� , 0 WWA ffinw, I /W. ANN : �ZM or, I W�= Ili WelC La�•Z•].1 �I.7 �•L7 �'� I �'� I�� C•7a'Z�T� MAYOR SCHREIBER , AX DIST 1: COMM. PORTNER A ye, ►4& DIST 2: COMM. MISHKIN DIST 3: VIM SULTANOF er DIST 4: COMM. ROBERTS Ay_el TA/yq EXHIBIT Aor TEMP RESO #9579 ON of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321.2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tomarac.org INVITATION TO BID BID NO, 02-03B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Wednesday, October 10, 2001, 2001 at 2:00 PM, at which time bids will be publicly opened and announced for: SCHOOL CROSSING GUARD SERVICES All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide school crossing guard services, as per the conditions and specifications contained in this document. One (1) original and two (2) copies of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Bid No. 02-03B, SCHOOL CROSSING GUARD SERVICES opening on Wednesday, October 10, 2001 at 2:00 PM" on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450. 4Ln a S04- S. Flurry, CP O SPurchasing and C tracts Manager Equal Opportunity Employer TABLE OF CONTENTS 0 BID NO. 02-03B INVITATIONTOBID ...................................................................... .......................................... 2 INSTRUCTIONS TOBIDDERS ................................................................................................ 3 GENERALTERMSAND CONDITIONS ................................................................................... 3 1. SUBMISSION CJFTHE BID: .............. ............................... ...................................... 3 2. BONDING ............................................ ........... ... ...... .............. .............................. 4 3, WITHDRAWAL C�cBID ............................................................................................ 4 4. PUBLIC ENTITY CRIMES STATEMENT .................................................................. 4 5. NON -COLLUSIVE AFFIDAVIT ................................................................................. 4 6. QUANTITIES ................................................................. .......................................... 4 7, PRICES, PAYMENTS AND DISCOUNTS ........ ........................................................ 4 8. DELIVERY .......................................... ................... ...................... ....................... 5 9. BRAND NAMES ......................................................... ............................................. 5 10. SAMPLES AND DEMONSTRATIONS ~—.---.~—...-------------. 5 11. CONDITIONS OFMATERIALS .................................................................... ........... 5 12. COPYRIGHTS ORPATENT RIGHTS ....................... ....................... ...... ... ............. 5 13. SAFETYSTANDARDS............................................................................................. 5 14. PERFORMANCE ...................................................................................................... 5 15. DEFAULT ................................................................................................................. 6 16. TERMINATION FOR CONVENIENCE OFCITY ....................................................... B 17. ASSIGNMENT ........... ....................... ...... ... ........ ..... ............................................. 6 18, EMPLOYEES ............................................................................................................ 6 19LTAXES .................... ................................................................................................. 6 20. BID PREPARATION EXPENSE ................................................................................ 7 21. OMISSION QFDETAILS .......................................................................................... 7 22. INSURANCE REQUIREMENTS ---.---..—...—.....-------......7 23. INDEMNIFICATION .................................................... ............................................. 8 24' CLARIFICATION TOTERMS AND CONDITIONS .................................................... 8 25. BID TABULATION ............................................ ..................... ................................. g 26.RECORDS/AUDITS ............................................................. ..................................... 9 TECHNICAL SPEC|FnCATIOVNS........................................................................................... 1Q 87TACHK8ENT^A"Bid Form .................................................................................................. 15 AlTACHK8ENT"B"Nmn-Ccd|usixe Affidavit ............................................................................. 22 ATTACHK8ENT"C" ATTACHMENT "E" Bidder's Qualification Statement .............................................................. References .............................................................................................. 35 20 1 0 INSTRUCTIONS TO BIDDERS BID NO.02-03B It io the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID: The Bidder is directed to deliver sealed bids to the City's Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, on Wednesday, October'10, 2001, no later than 2;00 PM. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the City Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified the Bidder must use the bid form furnished in the bid packet. Bidders are required to state exactly what they intend to furnish to the City via this Solicitation and must indicate any variances to the terms, conditions and specifications of this bid, no matter how slight. If variations are not stated in the bid, it shall be construed that the Bidder's bid fully complies with all conditions identified in this bid. The Bidder shall submit one (1) original and two (2) copies (blue forms only) of the bid. The ORIGINAL bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or tilled in with pen and ink. Bids having erasures or corrections must be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for sixty days from the date of the bid opening unless otherwise stated by the City. 0 2. BONDING Not applicable for this bid. 3. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the City Purchasing Office. 4. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 5. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Form and shall submit the form with the Proposal. CITY considers the failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 6. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 7. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation_ Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective • on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 4 8. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. All exceptions shall be noted. Failure to do so may be cause for rejection of the bid. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 9. o BRAND NAMES Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. 10. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 11. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 12. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 13. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conforms with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. 14. PERFORMANCE 4DFailure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 15. DEFAULT In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 16. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. 17. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 18. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee R deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 19. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 0 20. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 214OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 22. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk Manager certificates of all insurance 40 required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Liability Statutory The City reserves the right to require higher limits depending upon the scope of work under [� this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 0 23, INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 24. CLARIFICATION TO TERMS AND CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The City shall not be responsible for oral interpretations given by any City employee or its representative. 25. BID TABULATION Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid, or by requesting a tabulation be sent to their fax machine. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to s. 120�57(3)(a) or within 10 days after bid or proposal opening, whichever is earlier. 26. RECORDSIAUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 0 0 TECHNICAL SPECIFICATIONS BID No 02-03B SCHOOL CROSSING GUARD SERVICES 1. PURPOSE OF BID:To establish a contract for the provision of School Crossing Guard Service as and when needed. The company awarded this contract will be responsible for providing crossing guards at locations specified by the City, shall be completely responsible for the supervision of such personnel in accordance with contract specifications, terms and conditions, and shall exercise exclusive control over persons employed to fulfill these contract requirements. To obtain School Crossing Guard Services for an initial period from approximately November 1, 2001 through September 30, 2003. The City reserves the right to renew this agreement for two (2) additional two (2) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period. The City of Tamarac also reserves the right to terminate this Agreement for any reason or no reason. 2. REQUIREMENTS: Bidders must satisfy the following minimum requirements to be considered responsive. It is expected that twenty (20) school crossing guards will be required for each school day. However, this is an estimate and the Housing and Code Enforcement Manager will keep the Contractor informed as to the exact number of school crossing guards that will be required at any one time. The Contractor shall be required to provide coverage at the twelve school crossings, located within the City limits. (See Page 13 for list of locations) The Contractor shall be flexible and provide guards for the hours and locations needed on the instructions of appropriate City personnel. A minimum of three (3) hours (which will vary slightly with each school) coverage daily at each school will be scheduled as follows: See attached schedule on page 13 B. TRAINING AND CERTIFICATION It shall be the responsibility of the Contractor to ensure that all guards receive proper training and certification prior to occupying their posts. Certification of all guards must be recognized by the State of Florida 10 Department of Transportation. In addition, the Contractor must be able to comply with Section 234.302, Florida Statutes, the "Ramon Turnquest School Crossing Guard Act", by having crossing guard trainers, certified by the Florida Department of Transportation, ensure that all persons employed as crossing guards receive proper training and certification as required by law. The City of Tamarac shall not be liable for any costs incurred to meet the above requirements. Any required additional training throughout the year will be the sole responsibility of the Contractor. Proof of certification shall be required for each crossing guard prior to the beginning of each school year. The Contractor shall provide proof that all crossing guards have successfully passed a criminal background check. C. DAILY FIELD SUPERVISION The Contractor shall provide an experienced field supervisor(s) overseeing the operations at all times the guards are on duty. It will be the responsibility of the field supervisor(s) to ensure that all crossings are properly staffed at all times such staffing is required by the City. iN el =%[«1:111 The Contractor shall provide each working guard with the name and telephone number of a back-up in case the working guard cannot be at their assigned post. The Contractor shall ensure that the back-up guard is fully trained and familiar with the specific crossing location. E. TWENTY-FOUR (24) HOUR ANSWERING SERVICE The Contractor shall provide for his employees a 24-hour answering service. During non -working hours when the field supervision is not on duty a working guard shall, in the event that he cannot be at his assigned post, first contact his back-up and then contact the service. This service will then contact the Contractor who will in turn confirm that the back-up guard will be on duty at his assigned crossing. F. EQUIPMENT • The City shall provide the Contractor with the following equipment: A hand-held stop sign for each of the guards. Contractor shall provide any 11 other protective wear that is required. All equipment shall be returned to the City upon termination of the agreement, in the same condition as it was when originally provided, excluding normal wear and tear. Any required replacement of lost or damaged equipment shall be the responsibility of the Contractor. The Contractor shall provide all other equipment that may be required. G. SCHOOL YEAR SCHEDULE The school year begins in late August and will run until approximately the middle of June, with appropriate holidays and teacher work days that do not require coverage. In addition to the regular school year, summer school at all schools usually begins around the first of July and lasts for approximately six (6) weeks. The City will inform the Contractor of the specific dates when they are made available. H. DAILY TIME SHEETS A daily time sheet will be maintained by the Contractor with the signature of the employee on each work shift and the location of their guard post. This log will be delivered by the Contractor weekly to the Code Enforcement • Manager. 3. Cost Adjustment Bidders must include the impact of current and proposed Federal Minimum Wage increases in their bid price. No price increase for the initial contract period will be accepted unless due to Federal Minimum Wage changes. F� Costs for any renewal term are subject to an adjustment only if an increase or decrease occurs throughout the local industry. The City will use changes in the Federal Minimum Wage and the Consumer Price Index (CPI) (United States All Urban Consumers), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, and documented payroll figures provided by the Contractor in any adjustment review. Such adjustment, if approved, may not exceed 5%. Any increase or decrease must be documented and submitted in writing to the City at least one hundred twenty (120) days prior to the contract anniversary date. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented or are considered by the City to be excessive. In the event that the City determines that the costs as submitted are not properly documented or are excessive, and the matter cannot be resolved to the satisfaction of the City, the contract will not be renewed for the additional optional renewal period(s). 12 4 SCHOOL CROSSING GUARD LOCATIONS AND TIMES Schools Guard Locations Times Pinewood Elementary Bailey Road/NW 81 Avenue 7:00 AM - 8:00 AM & 2:00 PM - 3:00 PM Tamarac Elementary NW 75 Street/NW 80 Avenue 8:00 AM - 9:00 AM & 3:00 PM - 4:00 PM NW 76 Street/NW 75 Avenue 8:00 AM - 9:00 AM & 3:00 PM - 4:00 PM StreetNW 75 Avenue 8,00 AM - 9:00 AM & 3:00 PM - 4:00 PM EN77'Street/PineIsland Road 8:00 AM - 9:00 AM & 3:00 PM - 4:00 PM _ ' NW 78 StreeUNW 78 Avenue 8:00 AM - 9:00 AM & 3:00 PM - 4:00 PM NW 79 Street/NW 75 Avenue 8:00 AM - 9:00 AM & 3:00 PM - 4:00 PM NW 79 Street/NW 70 Avenue 8:00 AM - 9:00 AM & 3:00 PM - 4:00 PM NW 82 Street/NW 74 Terrace 8:00 AM - 9:00 AM & _ 3:00 PM - 4:00 PM Lagos DeCampos Blvd./McNab Rd. 8:00 AM - 9:00 AM & 3:00 PM - 4:00 PM 2 guards required 7601 N. University Drive/Overpass 8:00 AM - 9:00 AM & 3:00 PM - 4:00 PM WESTPINE MIDDLE SCHOOL Pine Island/Commercial Blvd, 8:00 AM - 9:00 AM & 3:00 PM - 4,00 PM ELEMENTARY SCHOOL F-91 i 8:00 AM - 9.00 AM & (August 2001) i Pine Island/Commercial Blvd. 3:00 PM - 4:00 PM 5700 NW 94 Avenue 3 guards required McNab Road/Nob Hill Road 8:00 AM - 9:00 AM & 3:00 PM - 4.00 PM 2 guards required NW 94 Avenue/Commercial Blvd, 8:00 AM - 9:00 AM & 3:00 PM - 4:00 PM ELEMENTARY SCHOOL "X" 8:00 AM - 9:00 AM & (January 2002) State Road 7/Commercial 3925 N. SR7, Laud. Lakes 3:00 PM - 4:00 PM u 13 C� COMPANY NAME: (Please Print): Phone: Fax: 1►C+1tt[D34 " Bid 02-03B School Crossing Guard Services BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and Technical Specifications and then properly fill out the BID FORMS (Attachment "A"). ❑ 2. Fill out and sign the NON -COLLUSIVE AFFIDAVIT (Attachment "B") and have it properly notarized. ❑ 3. Sign the CERTIFICATION page (Attachment "C"). Failure to do so will result in your Bid being deemed non -responsive. 0 F] 4. Fill out the BIDDERS QUALIFICATION STATEMENT (Attachment "D") [] 5. Fill out the REFERENCES page (Attachment "E"). ❑ 6. Sign the VENDOR DRUG -FREE WORKPLACE FORM (Attachment "F") ❑ 7. Include Proof of Insurance. ❑ 8. Carefully read the AGREEMENT. ❑ 9. Submit ONE (1) Original and TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER and BID NAME on the outside of the package. n10. Make sure your bid is submitted PRIOR to the deadline. Late bids will not be accepted. Failure to provide the requested attachments may result In your bid being deemed non -responsive. THIS PAGE AND THE FOLLOWING COLORED PAGES ARE TO BE RETURNED WITH YOUR BID. • THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 14 ATTACHMENT "A" BID FORM BID NO. 02-03B School Crossing Guard Services Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88' Avenue Tamarac, Florida 33321 (Bidder) (Date) 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the i City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. • b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 15 ATTACHMENT "A" BID FORM (continued) BID NO. 02-03B School Crossing Guard Services To: The Purchasing and Contracts Manager of the City of Tamarac: We propose to furnish the following in conformity with the specifications and at the following bid prices. The bid prices quoted have been checked and certified to be correct. Description Price Hourly charge per each guard $ /hr. Successful bidder must secure the required Worker's Compensation insurance coverage, and the required Liability insurance coverage with the City of Tamarac named as an additional insured, and provide proof of this insurance Answer the following questions (use attachments if necessary): Has your company provided Crossing Guard contract services in the past? NO YES If "no", explain fully in an attachment why you consider your company qualified to perform this service for the City of Tamarac. If "yes", please list current and prior crossing guard contract information below: Description of services rendered: During the months)/year(s): City/County/School Board/Company: Contact person(s): Address: Phone/F 16 20 2. Description of services rendered: During the month(s)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: 3. Description of services rendered: During the month (s)/yea r(s): 20 City/County/School Board/Company: Contact person(s): Address: • Phone/Fax: The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to. Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. .Company Name Address City, State, ZIP Contractor's License Number 17 Authorized Signature Typed/Printed Name Telephone & Fax Number Federal Tax ID# ATTACHMENT "A" BID FORM (continued) BID 02-03B School Crossing Guard Services Bidders Name: NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall, be deemed non -responsive and ineligible for award. TERMS: % DAYS: Delivery/completion: calendar days after receipt of Purchase Order NOTE: To be considered eligible for award, one (1) ORIGINAL and two (2) copies of this Bid Form must be submitted with the Bid. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: • Please Indicate reason(s) why a Bid is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 9 18 ATTACHMENT "A" BID FORM (continued) BID 07-03B School Crossing Guard Services The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Company Name Address City, State, ZIP Contractor's License Number CJ 19 Authorized Signature Typed/Printed Name Telephone & Fax Number Federal Tax ID# ATTACHMENT "A" BID FORM (continued) BID 02-03B School Crossing Guard Services Bidders Name: TERMS: % DAYS: Delivery/completion: calendar days after receipt of Purchase Order To be considered eligible for award, one (1) original and two (2) copies of this bid form MUST be submitted with the Bid. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 20 ATTACHMENT "A" BID FORM (continued) BID 02-03B School Crossing Guard Services Bidder's Name: Variations: The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: Section Variance 0 Section Variance Section Variance Section Variance Attach additional sheets if necessary. 9 21 • f�J ATTACHMENT "B" Bid 02-03B School Crossing Guard Services NON -COLLUSIVE AFFIDAVIT State of )ss. County of being first duly sworn, deposes and says that: 1. He/she is the , (Owner, Partner, Officer, Representative or Agent) of the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By Witness Witness Printed Name Title Fla • ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT continued ACKNOWLEDGMENT State of Florida County of On this the day of , 2001, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC \L OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 23 n ATTACHMENT "C" Bid 02-03B School Crossing Guard Services CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ If "Other", Explain: Authorized Signature Name (Printed Or Typed) Title Federal Employer I.D./Social Security No. Company Name Address City/State/Zip Telephone Fax Number Contact Person 24 ATTACHMENT "D" Bid 02-03B School Crossing Guard Services BIDDERS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Address City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present name? Years E 3. If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: Under what former name(s) has your business operated? 0 List former address(es) of that business (if any). a, Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License 6. Has your company or you personally ever declared bankruptcy? Yes ❑ No ❑ If Yes, explain: 7. Are you a Sales Representative [] Distributor ❑ Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8_ Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any ® governmental entity? Yes ❑ No ❑ If yes, explain: KV ATTACHMENT "E" Bid 02-03B School Crossin Guard Services REFERENCES Plepse list name of government agency or private firm(s) with whom you have done business within the past five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 26 ATTACHMENT "F" Bid 02-03B School Crossing Guard Services VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I • certify that this form complies fully with the above requirements. Authorized Signature 27 Company Name EXHIBIT "2" TEMP RESO *9579 0 AGREEMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA, LLC (A.K.A. STAFFING CONNECTION) THIS AGREEMENT is made and entered into this day of , 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Action Labor of Florida, LLC (A.K.A. Staffing ,Connection), a Nevada corporation with principal offices located at 900 Osceola Drive, Suite 222, West Palm Beach, FL 33409 (the "Contractor") to provide for school crossing guard services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to perform school crossing guard services pursuant to Bid No. 02-03B "School Crossing Guard Services". b) Contractor shall supervise the workforce to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 46 c) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. d) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The term of this Agreement shall be for an initial period beginning on date of execution through September 30, 2003. The City reserves the right to renew this agreement for two (2) additional two (2) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. All prices, terms and conditions shall remain firm for the initial period of the Contract and for any renewal period. 5) Contract Sum The Contract Sum for the above work is $7.98 per hour per school crossing guard. -6 6) Payments Contractor shall perform the services described in Paragraph 2 and upon satisfactory performance of said services and City's acceptance of an itemized invoice, the City shall pay Contractor as specified in Paragraph 5. Payment shall be made within thirty (30) days after the City's receipt and approval of Contractor's statement of services and costs, prepared in such form and detail as the City may specify. Consultant shall not incur costs for performance of services under this Agreement in excess of said amount without the prior written authorization of the City Manager or designee. 7) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal Injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of �- this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision' by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee 6 3 benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 10) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Karen Hoover, President Action Labor of Florida, LLC A.K.A. Staffing Connection 900 Osceola Drive, Suite 222 West Palm Beach, Florida 33409 12) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 6. 4 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 14) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed In Broward County, Florida. 15) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 16) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it.affect the enforceability of that provision or of the remainder of this Agreement. 17) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC , through its Mayor and Action Labor of Florida, LLC (A.K.A. Staffing Connection), signing by and through its President, duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk Date: ATTEST: Secretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor Date: Jeffrey L. Miller, City Manager Date: Approved as to form and legal Sufficiency: Mitchell S. Kraft, City Attorney ACTION LAB OF FLORIDA, LLC (A.K.A. ST FING CO NECTION) (Name of President) Type/Print Name of President Date: 0 CORPORATE ACKNOWLEDGEMENT STATE OF �Loe,,p4 COUNTY OF—_,Q a.t_�1 y, * The foregoing instrument was acknowledged before me this vq-it day of 200 k by ETA ;;s IQ Ijs=rz _ (name of officer or agent, title of officer or agent) of A(name of corporation acknowledging), a r a L-TA (state or place of incorporation) corporation, on behalf of the corporation.81e i�ersonallynown to me (type of identification) as identification and did (did not) take an oath. Signature of otary Public -- State of Florida Print, Type or Stamp Name of Notary Public .o �..* TT�i �� • SION y- ;• �4,2p �y_•. .�*rt Tsr j: #G0823303 .Q Oct 17 .04 04: 47p FICTION LNUUM tIw117UJji!5;d i - p. 4 OCT-IT-2001 WED 11:06 AM HOBBS GROUP LLC FAX NO, 7702480841. :•P, 02 . (^ 1 { atI t 11 • 1 , 2 n 5 1►[`TT,�t3 1...:., 4 4 :Ad "RD. CERTIFICATE OF LIABILITY INSURANCE"1oi1",;01' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI& obbs Group, LLC ONLY AND CONFERS NO RIGHTS .UPON THE CERTIFICATE 585 Engineering Drive 5 HOLDER. THIS CERTIFICATE -DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY -THE POLICIES BELOW. suite 300 Norcross, GA 30092 INSURERS AFFORDING COVERAaE INSURED ;INGUF1ERA:Lexingt0n Insurance Company Action Labor of Florida, LLC INsunEReXemper 900 Osceola Drive INSuAERC: Suite 222 INS UR'EAD: West Palm Beach, FL 33409 IlNwnend: mvroAripa THE POLICIES OP MUAANCE LISTED MKLOW 0IAVe BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THEPOLICIIPERIODN101CATED. NOTWITHSTANDNG ANY REOUTAEMEN'T, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wITH RUPECT TO WHICH THIS CERTIFICATE MAY Be 16SUED OR MAY PERTAIN, THE INSURANCE AFFORDED MY THE POLIGE6 DESCRIBED HEREIN Is SUBJECT TO ALL THE TERMS. EJ[CLM$IONS AND OONDITIONS OP SUCK POLICIES. AGGREGATE LDAITS SHOwN MAY HAVE sfEN REDUCED BY PAID CLAIMS. TY►EDFINSURANCII I ... LCLICYNUMfi1R POL(CY[FF DTIVE TIZi LIMIT A GENNRA1.WANILITT 1078971 04/01/01 01/01/02 EACHOCCUPIR1EN6E sl , 000, 000 X FIRE DAMAGE (Ally NIA IV$ IS 0 , 0 0 0 1COMMEACiALGEINERALLIANIL-- CLAIMS MAO[ xI OCCUR • Mp 0 ERP(AAV DM DAIAOAI .^ I (it NERALAOGIIEOATE 114 000, 000 GENLAtlOREQAI'ELIMIIAPALIAGpI'p: PKOOVOTC COMP/OP ADO 81,0001Q00 POLICY PRO- LDC i B : AUTOMOBILE LIAMILITY FBR00633400 04/01 01 104/01/02 COMSINEOS/NGLGLIMIT , X' ANYAUTO I (EAAeeltlAnl) 1 O 100, 000 ALL OWNED AUTOS ODpRTINJUAY SCHEOULEO AUTOS (Pw od'son) MIRED AUTOS '_ aO0ILY INJURY i ' NON -OWNED AUTOS 1 I 1 (PM •iCItlMQ PIIOPEATYDAMAGE (pu AetllgAnl) Y QA"GE UADIUTT AUTO ONLY- FA ACCIDENT : ANY AUTO � OTNER THAN EAACC AUTO ONLY: ADD EXCESS LIAOILITY EACH OCCURRENCE A ' c OCCUR I I CLAIMS MADE AGGREGATE $ I 1 DEDUCTIBLE ! RETENTION f ! ' WOP44EAYCOMPENSATION AND .5BR00302100 01/01/01.:01/01/02 ul T7�1 X TOIC1Yl.IMif'Si DER•. EAIPLOYETIS' LGBILITT E.L.�AeMAe:clGrr+T 61,000,000 E-L•VIWASV-EA EMPLOY Ell 11,000,000 E.L. IRt AiE. Duey IMIT s1 D 0 C1 000 DT►ren 0111 CCRIPTION DF O►EMATIDNSILDOATTOMi/VEHICLiS/ikCLUSIONS ADDED Oil EN00niEMENT/SPECIAL FROVISIONS workers Compensation i,ncludee the Alternate Employer Endorsement. TE City of Tamarac Attn: Steve Beanadefer 7525 NW 88th Avenue (Fort Lauderdale, FL 33321 -24,01 SHOU%M ANY GF"Aww DE1C++ moroweS OE CaMaLwo www THC wawATION DATE YHEAGOP,THEISSUiNGINSURER WILLENOeAVORTOMAILI0 DAYSWRITTEN NCTICETOTHE DERTIHCJITE HOLOERNAM4�pTOTMrLEFT, BUTFAILURE TODOS07HALL IMPOSE NO tlO L1iAT1ON OR LIABILITY OFANV KIND UPOOI THE IN6LM9*JTj AdEN'1.5 OA AMMD 25. B i7/i7y1 o f 2 4158303 SML 0 ACORD CORPORATION 12" CERTIEIED RESOLUTION I� (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of ° , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT o %; (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a 5id and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments In writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE GNATURE N o.t f= R - w TQ� L1 ),r &--, *. - - C. G Given under my hand and the Seal of the said corporation thi �� ' - day of �5EAL) BY: Secretary Corporate Title TF �Ive is a suggested form of the type of Corporate Resolution desired. Such S, Q: brr -nosed not be followed explicitly, but the Certified Resolution submitted must cier)y show to the satisfaction of the City of Tamarac that the person signing the gid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 CITY OF TAMARAC J FINANCE DEPARTMENT, PURCHASING DIVISION 7525 N.W. 88'H AVENUE, TAMARAC, FLORIDA 33321 LYNDA S. FLURRY, CPPO Dear Ms. Flurry: Thank you for the opportunity to bid on your services. Currently we are with Oasis Staffing which does your Crossing Guards. As of this bid process, we will be moving to ACTION LABOR/STAFFING CONNECTION since Oasis Staffing will no longer be doing CrossingGuards. We want you to be aware that Federal Express did not deliver the original bid form to our office and it has been tracked to another area. We have included all copies from the original Bid form until such time when our package is found today and delivered to us. Any questions please contact Carole Greenich, Crossing Guard Division Manager at 954-315-2100. Thank you for your consideration. Sincerely, CAROLE S. GREENICH MANAGER COMPANY NAME: (Please Print): ► ' lat!acr+ fl6eit , . clsj . a Is = �le-lc Phone: s61-LR3;-1211 Fax: ctsq-.3t ri-; i NOTICE Bid 02-03B ` School Crossing Guard Services BEFORE SUBMITTING YOUR BID, MAKE SURE YOU.., D(I. Carefully read the General Terms & Conditions, Special Conditions and Technical Specifications and then properly fill out the BID FORMS (Attachment "A"). [�2. Fill out and sign the NON -COLLUSIVE AFFIDAVIT (Attachment "B") and have it properly notarized. [�/3. Sign the CERTIFICATION page (Attachment "C"). Failure to do so will result in your Bid being deemed non -responsive. 44. Fill out the BIDDERS QUALIFICATION STATEMENT (Attachment "D"). *L-315. Fill out the REFERENCES page (Attachment "E"). [Z6. Sign the VENDOR DRUG -FREE WORKPLACE FORM (Attachment "F") [77. Include Proof of Insurance. [ r/8. Carefully read the AGREEMENT. D 9. Submit ONE (1) Original and TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER and BID NAME on the outside of the package. 1110. Make sure your bid is submitted PRIOR to the deadline. Late bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive, THIS PAGE AND THE FOLLOWING COLORED PAGES ARE TO BE RETURNED WITH YOUR BID. 9 THIS SHOULD BE THE FIRST PAGE OF YOUR BID, 14 ATTACHMENT"A" 0 BID FORM • BID NO. 02-03B School Crossing Guard Services Submitted by: Action Labor of Floridaa,LLC (Bidder) 16/09/01 (Date) A.K.A. Staffing Connection THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. is 0 0` ATTACHMENT "A" BID FORM (continued) BID NO.02-03B School Crossing Guard Services w To: The Purchasing and Contracts Manager of the City of Tamarac: We propose to furnish the following in conformity with the specifications and at the following bid prices. The bid prices quoted have been checked and certified to be correct. Description Price Hourly charge per each guard 9& i> /hr. Successful bidder must secure the required Worker's Compensation insurance coverage, and the required Liability insurance coverage with the City of Tamarac named as an additional insured, and provide proof of this insurance Answer the following questions (use attachments if necessary): Has your company provided Crossing. Guard contract services in the past? NO _ YES c A6A4KAtk If "no", explain fully in an attachment why you consider your company qualified to perform this service for the City of Tamarac. If "yes", please list current and prior crossing guard contract information below: 1. Description of services rendered: ito During the month(s)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: 16 0 0-- 2. , Description of services rendered: During the month(s)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: 3. Description of services rendered: During the month s)/year(s): 20 City/County/School Board/Company: Contact person(s): Address: Phone/Fax: The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agreesrthroducts and/or equipment to be delivered which fail to meet bid specifications w�cted by the City within thirty (30) days of delivery. Return -of reje,gVo rwiµ-!�e a e of the bidder. Ag on labor of " or' a* T7C_ Company Name A.K.A. Staffing Wasir Palm_Beach ', Fr. 33409 City, State, ZIP Sigr'atu Karen- ��xM =- Typed/Printed Name S61-683-1211,; fax: 683-337 Telephone & Fax Number `18y9b3 65-103§§Z2 Contractor's License Number Federal Tax ID# 17 . EXPLANATION AS TO WHY ACTION LABOR/STAFFING CONNECTION IS QUALIFIED TO PERFORM CROSSING GUARD SERVICES FOR THE CITY OF TAMARAC. ACTION LABOR/STAFFING CONNECTION is extremely qualified to do CROSSING GUARD SERVICES as they have the highly qualified team of CAROLE S. GREENICH AND BARBARA DAMICO, who currently handle nine (9) city contracts throughout Broward and Lee County, Both CAROLE GRRENICH AND BARBARA DAMICO are STATE CERTIFIED SCHOOL CROSSING GUARD TRAINERS since 1992 and are considered by many, to be the best knowledgeable outside contractors Of SCHOOL CROSSING GUARD SERVICES in the Broward Area. Their DEDICATION and COMMITMENT when dealing with human lives on a daily basis, is superior to none. ACTION LABOR/STAFFING CONNECTION has opened a separate division to handle SCHOOL CROSSING GUARD CONTRACTS. The very unique recruitment skills of the staff, has made it possible to staff each and every post with a CROSSING GUARD, avoiding open corners, where in a moments notice, a tragedy could occur. Accessibility to both CAROLE S. GREENICH and BARBARA DAMICO was extremely important, not only to the CROSSING GUARDS, but to the cities as well. All calls were answered quickly and whatever action needed to be taken, was done so swiftly. As a matter of record, CAROLE GREENICH AND BARBARA DAMICO provide CROSSING GUARD SERVICES TO THE CITIES OF TAMARAC, POMPANO, LAUDERDALE LAKES, LAUDERHIL' L, COCONUT CREEK, OAKLAND PARK, NORTH LAUDERDALE AND LEE COUNTY SHERIFF'S DEPARTMENT. As of October 2001, this division is in negotiations with additional cities throughout Florida, for Crossing Guard Services. n ACTION LABOR/STAFFING CONNECTION was founded in 1986 by Ms. Karen Hoover in Gainesville, Florida, to provide reliable temporary labor for diverse industries. The company has steadily grown to over twenty offices, located throughout the Southeastern United States and Puerto Rico. Thousands of employees are successfully placed with our satisfied customers each month, making ACTION LABORISTAFFING CONNECTION a major force in the temporary staffing industry. We are first in the field in Safety Training, providing Safety Incentive Bonuses and Exceptional Temporary Employee Benefits. ACTION LABOR/STAFFING CONNECTION has received many honors and awards, and has been featured in regional publications such as the SOUTH FLORIDA BUSINESS JOURNAL, FLORIDA TREND MAGAZINE AND WORKING WOMAN'S MAGAZINE. We actively participate in community organizations and charities, helping to promote fair and honest employment practices. ACTION LABOR/STAFFING CONNECTION is a proud member of the National Safety Council and the South Florida Construction Safety and Health Partnership (C.A.R.E.P.) We take full responsibility and a leadership role in providing a sound Safety and Health Program, and for ensuring its effectiveness in maintaining safe working conditions. ACTION LABOR/STAFFING CONNECTION believes in the honor and dignity of a job well done, and we foster pride and purpose in our trusted employees, to the benefit of our valued customers. • REFERENCES FOR CAROLE GREElYICH MANAGER AND BARBARA DAMICO RECRUITER -SCHOOL CROSSING GUARD DIVISION. I PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF LAUDERHILL 2000 CITY HALL DRIVE LAUDERHILL, FL. 33313-0000 SGT. JOHN RHAMES 954-730-3010 FAX-954-730-3062 PROVIDE SERVICES FROM 8/28/99 TO PRESENT 2. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF COCONUT CREEK 4800 WEST COPANS ROAD COCONUT CREEK, FL. 33063 SGT. TIMOTHY BRADSHAW 954-973-6730 FAX 954-973-6794 PROVIDE SERVICES FROM 8/28/00 TO PRESENT 3. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF POMPANO BEACH 1801 N.E. 6TH STREET POMPANO BEACH, FL. 33060 CAROL FOLAND 954-786-4185 FAX 954-786-4113 PROVIDE SERVICES FROM 8/28/99 TO PRESENT 0 4. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF LAUDERDALE LAKES 1 4300 NW 36TA STREET LAUDERDALE LAKES, FL. 33319 GUITHELE RUIZ 954-731-1212X289 FAX 954-733-5126 PROVIDE SERVICES FROM 10/1/99 TO PRESENT 5. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF TAMARAC 7525 NW 88TH AVENUE TAMAR.AC, FLORIDA 33321 CIYDY DEIMER 954-724-2450 FAX 954-724-2408 PROVIDE SERVICES FROM 8/28/99 TO PRESENT 6. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF OAKLAND PARK - PARKS AND RECREATION �._ 3900 N.E. 3" AVENUE OAKLAND PARK, FLORIDA 33334 VITO J. PETRONE 954-561-6264 FAX 954-561-6190 PROVIDE SERVICES FROM 10/30/00 TO PRESENT 7. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF SUNRISE 10770. W. OAKLAND PARK BLVD. SU:YRISE, FLORIDA 33357 MARSHA PETERSON, PURCHASING 954-572-2274 FAX 954-572-2278 PROVIDE SERVICES FROM 4/2/01 TO PRESENT 8. PROVIDE SCHOOL CROSSING GUARD SERVICES CITY OF NORTH LAUDERDALE 701 SW 71s' AVENUE NORTH LAUDERDALE, FLORIDA 33068 CAPTAIN RONALD BARANSIU 954-954-720-8900 FAX 954-722-5820 NEW CONTRACT EFFECTIVE 8/27/01 9. PROVIDE SCHOOL CROSSING GUARD SERVICES LEE COUNTY SHERIFF'S OFFICE 14750 6 MILE CYPRESS PARKWAY FT. MYERS, FLORIDA 33912 JENNA CLARK, PURCHASING DIRECTOR 941-477-1313 FAX 941-477-1315 NEW CONTRACT EFFECTIVE 9/1/01 TO SHOW OUR UNIQUE RECRUITMENT SIQLLS, WE HAVE INCLUDED THE FOLLOWING REFERENCE: FLORIDA DEPARTMENT OF AGRICULTURE 6901 WEST SUNRISE BLVD. PLANTATION, FLORIDA 33313-0000 GILBERT A. RINCON 954-327-7803 FAX 954-797-6919 PROVIDED 500 INDIVIDUALS TO INSPECT CITRUS TREES. of # 100 1 0 1 0 'JAI Mr. MEETING REQUIREMENTS: EQUIPMENT: ACTION LABOR/STAFFING CONNNECTION DOES NOT PROVIDE EQUIPMENT TO CROSSING GUARDS. CURRENTLY IN ALL CITIES STAFFED, WE ARE USING THE CURRENT EQUIPMENT CONSISTING OF STOP SIGN, WHISTLE AND REGULATION VEST. WE WOULD APPRECIATE THE SAME COURTESY EXTENDED TO US FROM THE CITY OF TAMARAC. SUPERVISOR: A SUPERVISOR WILL BE PICKED FROM THE CURRENT GROUP OF CROSSING GUARDS, AFTER CONSULTATION WITH THE HUMAN RESOURCE DEPARTMENT, THE SUPERVISOR WILL BE . IN CHARGE OF GETTING THE TIME SLIPS SIGNED ON A DAILY BASIS, CHECKING ALL THE POSTS AND FILLING IN AT A MOMENTS NOTICE, IF NECESSARY. THE SUPERVISOR WILL REPORT TO BARBARA DAMICO EVERY FRIDAY MORNING TO FINALIZE THE WEEKS ACTIVITIES. THE SUPERVISOR WILL BE PAID FOR 5 HOURS A DAY IN ADDITION TO THE PROPOSED 3 HOURS A DAY FOR THE' REGULAR GUARDS. IN ALL CITIES WE CURRENTLY STAFF, THE SUPERVISORS ARE PAID FOR ADDITIONAL HOURS AND BILLED TO THE CITY ACCORDINGLY. THE SUPERVISORS ARE A VERY VALUABLE ASSET TO THE CITY AND TO ACTION LABORISTAFFING CONNNECTION AND ARE WORTH HIS/HER WEIGHT IN GOLD. WE CURRENTLY HAVE 10 SEASONED AND EXCELLENT SUPERVISORS IN OUR CURRENT CONTRACTED CITIES. 0 0 SUBSTITUTIONS: ACTION LABOR/STAFFING CONNNECTION WILL HAVE SUBSTITUTE GUARDS IN ADDITION TO THE SUPERVISOR, AT ALL TIMES, TO FILL. IN SHOULD IT BECOME NECESSARY. PAYROLL: ALL CHECKS WILL BE PROCESSED WEEKLY AND AVAILABLE FOR MAIL OR PICK UP EVERY FRIDAY. INVOICES: ALL INVOICES WILL BE MAILED ON A WEEKLY BASIS TO THE HUMAN RESOURCE DEPARTMENT WITH A COPY OF THE TIME SHEETS ATTACHED. BADGES: ACTION LABOR/STAFFING CONNNECTION CROSSING GUARDS WILL HAVE BADGES TO WEAR, THAT WILL IDENTFY WHO THEY ARE TO THE CHILDREN, PARENTS AND TEACHERS, WHILE ON THEIR RESPECTIVE POSTS. INSURANCE: ALL GUARDS WILL BE COVERED BY ACTION LABOR/STAFFING CONNECTION LIABILITY AND WORKMAN'S COMPENSATION INSURANCE. 0 TRATHING: ALL TRAINING WILL BE DONE BY CAROLE GREENICH AND BARBARA DAMICO CERTIFIED CROSSING GUARD TRAINERS, UNLESS THE INDMDUAL CITIES DESIRE TO DO THEIR OWN TRAINING ACCORDING TO -STATE REQUIREMENTS. ALL PAPER WORK REQUIRED BY THE STATE OF FLORIDA, WILL BE COMPLETED BY ACTION LABORISTAFFING CONNECTION. GUARDS WILL BE TRAINED ON "SCHOOL CLOSED DAYS" AND PAID AT THEIR REGULAR RATE AND BILLED TO THE CITIES AS REGULAR SCHOOL WORKING DAYS. CONTACT PERSON: AS IN ALL CONTRACTED CITIES, A CONTRACT PERSON NEEDS TO BE IDENTIFIED AS A HELP DESK TYPE PERSON TO CALL, IF SITUATIONS ARISE FOR INFORMATION PURPOSES. ACTION PLAN FOR CROSSING GUARDS FOR THE CITY OF TAMARAC UPON NOTIFICATION OF AWARDED CONTRACT: A) Obtain from THE CITY OF TAMARAC (if not a current client) * names, address's, and phone numbers of all School Crossing Guards and substitute School Crossing Guards. B) Notify all CITY OF TAMARAC Crossing Guards to set appointments for registration with ACTION LABOR/STAFFING CONNECTION. C) Do background and reference checks on all newly registered School Crossing Guards hired through ACTION LABOR/STAFFING CONNECTION. D) Recruit within THE CITY OF TAMARAC at home owner associations, local organizations and advertise in local publications. for School Crossing Guards. E) A bonus program is available to all School Crossing Guards who refer individuals for open post positions-$40.00 after a new guard has worked a total of 40 hours. SCHOOL CROSSING GUARD TRAINING: A) Ensure that all School Crossing Guards have been trained to the "Florida School Crossing Guard Training Guidelines" before post assignment. 1) Facilitate School Crossing Guard Training as required by "Florida School Crossing Guard Training Guidelines", sessions to be held weekly until all guards are trained. rI 2) Maintain School Crossing Guard Training as required for all new personnel hired, scheduled on an "as need basis." 3) After January 1" institute School Crossing Guard annual retraining course to ensure all School Crossing Guards are retrained. B) All School Crossing Guard Supervisors must be State Certified by the Florida Department of Transportation. NOTIFICATION TO SCHOOLS: A) Send letter of introduction/notification to each school principal, advising who the contact person is at ACTION LABOR/STAFFING CONNECTION. This will serve as a reference for the School Resource Officer or any parent wishing to contact our office. B) Leave fliers at the school office and or article in school newspaper for recruitment of parents as School Crossing Guards. - SCHOOL CROSSING GUARD MAINTENANCE: A) Each CITY OF TAMARAC School Crossing Guard will be issued an ACTION LABOR/STAFFING CONNECTION name tag, which must be worn while on their respective post assignment. B) The School Crossing Guard Supervisor will be responsible to verify the covering of all posts each day and that the School Crossing Guards are on their posts for the required time frame. C) An ACTION LABOR/STAFFING CONNECTION School Crossing Guard Liaison will travel with the supervisor on a periodic schedule, to ensure that policies and procedures for School Crossing Guards are being met. LJ D) An ACTION LABORISTAFFING CONNECTION School Crossing Guard Liaison will meet with the Crossing Guard Supervisor on a weekly basis, to verity time is being reported correctly and be proactive to any situations that may arise. i 0 • MEETING REQUIREMENTS: EQUIPMENT: ACTION LABOR/STAFFING CONNNECTION DOES NOT PROVIDE EQUIPMENT TO CROSSING GUARDS. CURRENTLY IN ALL CITIES STAFFED, WE ARE USING THE CURRENT EQUIPMENT CONSISTING OF STOP SIGN, WHISTLE AND REGULATION VEST. WE WOULD APPRECIATE THE SAME COURTESY EXTENDED TO US FROM THE CITY OF TAMARAC. SUPERVISOR: A SUPERVISOR WILL BE PICKED FROM THE CURRENT GROUP OF CROSSING GUARDS, AFTER CONSULTATION WITH THE HUMAN RESOURCE DEPARTMENT. THE SUPERVISOR WILL BE IN CHARGE OF GETTING THE TIME SLIPS SIGNED ON A DAILY BASIS, CHECKING ALL THE POSTS AND FILLING IN AT A MOMENTS NOTICE, IF NECESSARY. THE SUPERVISOR WILL REPORT TO BARBARA DAMICO EVERY FRIDAY MORNING TO FINALIZE THE WEEKS ACTIVITIES. THE SUPERVISOR WILL BE PAID FOR 5 HOURS A DAY IN ADDITION TO THE PROPOSED 3 HOURS A DAY FOR THE REGULAR GUARDS. IN ALL CITIES WE CURRENTLY STAFF, THE SUPERVISORS ARE PAID FOR ADDITIONAL HOURS AND BILLED TO THE CITY ACCORDINGLY, THE SUPERVISORS ARE A VERY VALUABLE ASSET TO THE CITY AND TO ACTION LABOR/STAFFING CONNNECTION AND ARE WORTH HIS/HER WEIGHT IN GOLD. WE CURRENTLY HAVE 10 SEASONED AND EXCELLENT SUPERVISORS IN OUR CURRENT CONTRACTED CITIES. 0 • SUBSTITUTIONS: ACTION LABOR/STAFFING CONNNECTION WILL HAVE SUBSTITUTE GUARDS IN ADDITION TO THE SUPERVISOR, AT A�,L TIMES, TO FILL IN SHOULD IT BECOME NECESSARY. PAYROLL: ALL CHECKS WILL BE PROCESSED WEEKLY AND AVAILABLE FOR MAIL OR PICK UP EVERY FRIDAY. INVOICES: ALL INVOICES WILL BE MAILED ON A WEEKLY BASIS TO THE HUMAN RESOURCE DEPARTMENT WITH A COPY OF THE TIME SHEETS ATTACHED. 0 BADGES: ACTION LABOR/STAFFING CONNNECTION CROSSING GUARDS WILL HAVE BADGES TO WEAR, THAT WILL IDENTFY WHO THEY ARE TO THE CHILDREN, PARENTS AND TEACHERS, WHILE ON THEIR RESPECTIVE POSTS. INSURANCE: ALL GUARDS WILL BE COVERED BY ACTION LABOR/STAFFING CONNECTION LIABILITY AND WORKMAN'S COMPENSATION INSURANCE. �J TRAINING: • ALL TRAINING WILL BE DONE BY CAROLE GREENICH AND BARBARA DAMICO CERTIFIED CROSSING GUARD TRAINERS, UNLESS THE INDIVIDUAL CITIES DESIRE TO DO THEIR OWN TRAINING ACCORDING TO STATE REQUIREMENTS. ALL PAPER WORK REQUIRED BY THE STATE OF FLORIDA, WELL BE COMPLETED BY ACTION LABOR/STAFFING CONNECTION. GUARDS WILL BE TRAINED ON "SCHOOL CLOSED DAYS" AND PAID AT THEIR REGULAR RATE AND BILLED TO THE CITIES AS REGULAR SCHOOL WORKING DAYS. CONTACT PERSON: AS IN ALL CONTRACTED CITIES, A CONTRACT PERSON NEEDS TO BE IDENTIFIED AS A HELP DESK TYPE PERSON TO CALL, IF SITUATIONS ARISE FOR INFORMATION PURPOSES. 0 0 h c N, c to o x J LL �w a z `a L)� uj Z pp O hw d c 0 E O N r' E n W a, O m C U C) v do o�:O 0 Cl tr Q m u1 a m O U. kn is k,''�OW*,'G COYTY, FLOr,, DA a. �l cf orf" W 1�/18!01 ' ti C7 Cr .y a ~ J LL N J x a z a (i m a ti r r M N � r.l r r LU Mrn U --) a0 (n W Or• f� U) �o z c �, LL � - j .. z Q m .. _ LU 7 L.; M a cz= U >- ann J 8LLI Z q �� M w cr W Z W 1-.0 H t; ❑ TO cv �.� r ©LW �3 1 in 13A o 9 W w r. W w M z W a x d a z LU i-- C -� r— LL z o� LUZ� N .� w NS LL n a a W �a w > o' ,� . CL Owl ��co rf .. e7 +� Ba t SEW no �0 z U cQ G] U Q ✓ �yj M(�R ` C oaf as \ cao,F W 1 Q 10 n5 3-LL Uj m Uj Q� - m vi y 0. SMdOO TIV Nkl%3H HOV130 ION 00 w ate.. 0 ATTACHMENT "A" BID FORM (contlnued) BID 02-03B School Crossing Guard Services Bidders Name: Actin Tahor d 'F'1=Jda, LLC (A.K.A. Staffing Connection) NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. TERMS: 34 N DAYS: Delivery/completion: calendar days after receipt of Purchase Order NOTE: To be considered eligible for award, one (1) ORIGINAL and two (2) copies of this Bid Farm must be submitted with the Bid. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: ,,ase indicate reason(s) why a Bid is not being submitted at this time. Return the L,id Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 18 A) ATTACHMENT "A" BID FORM (continued) BID 02-03B School Crossing Guard Services Jl The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to. Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejectipn will be at the expense of the bidder, Action Labor of Florida, IT Company Name A.K.A. Staffing Conni 900 Osceola Drive, Suite 222 Address West Palm Beach, FL 33409 City, State, ZIP 9E�Hgba Contractor's license Number 0 19 Karen Hoover Typed/Printed Name 561--683--1211 • fax: 561--683-3375 Telep one & Fax Number 65--1038622 Federal Tax ID# 9 ATTACHMENT"A" BID FORM (continued) BID 02-03B School Crossing Guard Services Bidders Name: Action Labor of Florida, LLC (A.K.A. staffing Connection) TERMS:-,`94r DAYS: Delivery/completion: calendar days after receipt of Purchase Order To be considered eligible for award, one (1) original and two (2) copies of this bid form MUST be submitted with the Bid. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal Is not being submitted at this time. -Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 20 ATTACHMENT "A" BID FORM (continued) BID 02-03B School Crossing Guard Services Bidder's Name: Action Labor of F1 rich LLC (A.K.A. Staffing Connection) Variations; The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the biv documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for ,cermining that the Bid Proposal is non -responsive and ineligible for award: Section Variance 0 - Section Variance Section Variance Section Variance Attach additional sheets if necessary. 21 ATTACHMENT "B" ' Bid 02-03B School Crossina Guard Services NON -COLLUSIVE AFFIDAVIT State of Florida__ ) County of palm_mwt ) Karen Hoover being first duly sworn, deposes and says that: 1. He/she is the RMSI dent- _. , (Owner, Partner, Officer, Representative or Agent) of &&ion jaj= of to ,_ LLQ (A.K.A. _ the Offeror that has submitted the attached Proposal; Staffing Connection)T 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in anyway colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness 22 Karen Hoover Printed Name President Title 1.1 ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT continued ACKNOWLEDGMENT State of Florida County of On this the 9th day of _ September , 2001, before me, the undersigned Notary Public of the State of Florida, personally appeared _ Karen H2z= . _ and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: tip"' 7;}fi'� Melonk S. Forrester i, s, MYCOMMISSION0 CC041so EXPIRES Tun* 4, 2004 ..e• soworoTMwTMFA+MsuunCEWIC 11aMLL e) NOTARY PUBLIC, STATE OF FLORIDA MELANIE B. EpRRE51EP,, (Name of Notary Public: Print, Stamp, or Type as Commissioned) Ill Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 23 ATTACHMENT "C" Bid 02-03B School Crossing Guard Services CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ If "Other", Explain: Jtho President Title PARTNERSHIP ❑ CORPORATION ❑ OTHER [9 Company Name Staffing connection 4 9 City/State/Zip Fax Number 1.1 24 Karen H=mr Name (Printed Or Typed) Federal Employer I.D./Social Security No. —0T1Ti • •, 561-03-1211 Telephone A-utlL %LL Contact Person ATTACHMENT "D" Bid 02.03B . School Crossing Guard Services BIDDERS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Action Labor of Florida, LIC A.K.A. Staffing Connection Address _900 Osceola Drive, suite 222 City State Zip West Palm Beach, FL 33409 Telephone 1561 a 68-3-121 1 Fax Number 1561) 683-3375 1. How many years has your organization been in business under its present name? 1 5- Years 2. If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 0..4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License 6. Has your company or you personally ever declared bankruptcy? Yes ❑ No 0 If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker E] or Manufacturer ❑ of the commodities/services bid upon? 1014 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No 0 If yes, explain (date, service/project, bid title etc) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ® If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No IN If yes, explain: 25 ATTACHMENT " V Bid 02-03B School Crossing Guard Services REFERENCES Please list name of government agency or private firm(s) with whom you have done business within the past five years: Your Company Name A,-t;on Tabor of Florida, TXr g K A fi of f ing rnnnp+rtion Address 900 Qpgwla privq, suite 222 AI M' City State Zip WWt Palm Beach,_ FL 33409 Phone/Fax Tpi _ 563-683-1211 Fax;, 561-683-3375 Agency/Firm Name: city of Tallahassee Address 100 west Virginia Street City State Zip Tallahassee, Fr, 32301 Phone/Fax 4A50) SQ1--68A2 Contact Name Glxrtis Watkins Agency/Firm Name: city of Mary Ester \ddress 195 Christobal Road *City State Zip Mary Ester, FL 32569 Phone/Fax (850)243-3566 Contact Name Lee Z rn Agency/Firm Name: city of Pensacola Address 180 .rev rnmental center. City State Zip PnnsamIa', Fie 325rf1 - Phone/Fax _ (850) 525-1466 Contact Name Steve Winecki Agency/Firm Name: city of Riviera Beach Address g_Q, Drawer 10682 City State Zip Rjyi=a_ Beach, EL 33404 Phone/Fax (561) 845--4057 Contact Name Donna Holder Agency/Firm Name: city of Ft. Pierce Address P.Q. Box 1480 City State Zip Ft.2ierce, EL 34250 Phone/Fax (561) 460-22QQ Ontact Name Ikii_th_ Nmnc 26 r ATTACHMENT "F" Bid 02-03B School Crossing Guard Services VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. �. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee w o is so convicted. 6. Make a good f th effort to continue to maintain a drug -free workplace through impleme i�af io of this section. As the person authorized to sign the statement, �ce i at this Qrm complies fully with the above requirements. I. v' Act:ion Labor' Of_�1da, TT,C horize� ign ture Company Name 4.K.A, Staffing erection 27 act 15 01 03 : 51 p RCT I ON LRBOR UUI-I9-2UUI W IU'le Hn iude5 MY LLU 4 SG18rg3E6� p, E h AX NU, I t UeOU84 i r. Ve CERTIIrIC.ATE OF LIABILITY INSURANCE � 10�' _?/01 Hobbs Group, L1LC 3585 Engineering Drive Suite 300 Norcross, GA 30092 IMI:UIira .. . Action Labor of Florida, LLC 900 0L;C601A Drive Suite 222 Feat Palm BeQch, FL 3:3409 data INVAEASAFFOpLUNG COVERAGE I4SUMAA Lexington Insurance Company INSU4C4 01emper Iwsuwta c• INSU■kq 0. EMta VA alum, tME P041CIESOFI4tLR6ME LISTED SCUM NAVE IeLrW II SWO TO T►/F P*PJMD NAMItO POMTKPOLICY VEPIODNIDICATED. 1NOTWRHYTAN01N0 ANY wEOUAtk* Jr- '"M 04 COND1C10N OF ANY COMT'IiIACT OR OTM S ODCLWV W414 W000201 V WHICII THI& OEATIFICATE %VV tlE ISSUED Opt WAY PPprAIN. T1rE MNNAIW [N E AFI:t7M= NY TNS POL16Nl9 CESCqKD MWIN bL sUOJEG' 10 •LL T'ME TERMS. FXCLUSONS ANp of such POUCIEt AOQHCGAT! LA11t6 SHOWN MAY 14kVt SEEN IIEDLN" MV AA DCLA$ft 1 I TYPE DM IANr11rW10[ I POLIO+wUlM6YM I A T L?1MTs A tEtlCPALLABIL1TT 1078971 I04/01/01 01/01/02 r.AewoccuaNa'W"M 'I" 000, 000 X I t 01 1R11C1AL ANNYpu LLLrNLrrr f ute 11AA6AON"_ LA11V 1111, 350,000 rt ICLAMSLAADLI }[lnccuNl mEI761IpNA^1!w,sA+!AIr'1 ! ' � 1 IIEA�NALiADV1NJVwr 1].r aOQ, 00d LIMN&A►L Aokll4tt�i7C 41 r 0() 0 r Q 0 Q 'OpNLA00+lEW+ELIMI+A■RIAa �.QOy�TIF•Ca�NCrAnel�Ai', 000 / 000 �L1Gr _ � JpRPib 1 • L � B ;Au"MOPILSLIAs1U'Mr F'5900633400 04/01/01 04 0 /02 .h� rlyA6s,Nau.lwr 111,000,00Q 9."Id X i AN+AUTO hil iALL OwNEDAUTOV ; eabl_r INJuwT i S 4 NVOULCOALTOL I .•Nr��l 1 I WnEtl AUTOS f • aDg1LrINJY■• NON.OWWEO AI/rD$ (PA,.11dMgq pAOF 119TV POMACE A 1Pr Aa■NMnu OAhA01i LLAb1LIrV I AuroeN:�. N;AweelntN+ e AN+AU+O I 1 rN EA'cc I AJYO OM. Y N ACG I Y IXCGG&UAb1LITT I EAC1ng000I1IAKNG� 1>r Occu4 I..ICLAWS MADE I i ;AQ94lFgA'E .S I I DEDIrGT111LC I ' 1 8 _r■ewwTlgwANv 5Bx,00302100 O1 01 01'O1ID1/D2 ?C:;��`M;�s e� Qwll7Tl11S LIANNL1ri � %L iACVAGCJOthT 01, 000, 000 I4•6 j11 Ait•IRAi1MPl0+1 41, 000. 00C !L I51N1A!Aal.A r It 1 000tnoo OThINp I - bEtCw1'*I:i+ll>waPEfIATSOw 4TIbN+1NENNQLLi�xaauriQwgADplD VSYDOp1N'<AneNtrM�! ALMRQV1610Nt workers Compenaaticn ineludes the Alternate Employer Endorsement_ Certificate holders is named as additona1 insured for General Liability only. City of Tamarac Attn; Steve SeaNnsdefer 7s2s NW 68th Avenue Icrt Lauderdale, FL 33321w2401 ACOND-B-917WJI of 2 #IS8303 N+IOULDANTORTMIAAAOUCa 11NEOPryL LINNN:CAhmUtowow TWKWnMTVN dAre*�FN.ra>t.r►eLssulwnueuwN:wwle�enauwnroaA,L3p eArbw•e*•c,I 0001TCEToyme vemiscAlm KmtkaRNAAII�f,1 THE . 11uTNA1L pD7psWLL j IMPMNCOaLIBATIONd1.rIAR)r AhT pU wr ...w..... QN TSD11 SML 0 AW110 CORPORMTION Isis E15-d ZO/ZO'd OZE-1 311ME49E-1 9NId4YIS SISYO-RObd 80:61 10-12-01 EXHIBIT" 2" TEMP RESO #9579 0 AGREEMENT BETWEEN THE CITY OF TAMARAC AND " ACTION LABOR OF FLORIDA, LLC (A.K.A. STAFFING CONNECTION) THIS AGREEMENT is made and entered into this 14 day of LT T. , 2001 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Action Labor of Florida, LLC (A.K.A. Staffing Connection), a Nevada corporation with principal offices located at 900 Osceola Drive, Suite 222, West Palm Beach, FL 33409 (the "Contractor") to provide for school crossing guard services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to perform school crossing guard services pursuant to Bid No. 02-03B "School Crossing Guard Services". b) Contractor shall supervise the workforce to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. d) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this . agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's liability Insurance policies. 4) Time of Commencement and Substantial Completion The term of this Agreement shall be for an initial period beginning on date of execution through September 30, 2003. The City reserves the right to renew this agreement for two (2) additional two (2) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period. 5) Contract Sum The Contract Sum for the above work is $7.98 per hour per school crossing guard. 0 6) Payments Contractor shall perform the services described in Paragraph 2 and upon satisfactory performance of said services and City's acceptance of an itemized invoice, the City shall pay Contractor as specified in Paragraph 5. Payment shall be made within thirty (30) days after, the City's receipt and approval of Contractor's statement of services and costs, prepared in such form and detail as the City may specify. Consultant shall not incur costs for performance of services under this Agreement in excess of said amount without the prior written authorization of the City Manager or designee. 7) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of 49 this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination_ The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee 3 benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 10) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CytC7 City Manager City of Tamarac 7525 N.W. 88th Avenue . Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Karen Hoover, President Action Labor of Florida, LLC A.K.A. Staffing Connection 900 Osceola Drive, Suite 222 West Palm Beach, Florida 33409 12) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13) "Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 14) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 15) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 16) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 17) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 0 5 . IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC , through its Mayor and Action Labor of Florida, LLC (A.K.A. Staffing Connection), signing by and through its President, duly authorized to execute same. • ATTEST: Marion Swen n, MC' City Clerk Date: to � y�a/ ATTEST: Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC J Schreiber, Mayor Date: do, 42 4, 2 ro OP' Jeffre L. Miller, City Manager Date: �('�' -'mil , ''L 'o I 6 ACTION LAB OF FLORIDA, LLC (A.K.A. ST FING CO NECTION) (Name of President) Type/Print Name of President Date: CORPORATE ACKNOWLEDGEMENT STATE OF PLolz, 6g- COUNTY OF The foregoing instrument was acknowledged before me this day of fAee 200 \ by L Alz Eµ (name of officer or agent, title of officer or agent) of Ae N >~ir.&MAa —C-. (name of corporation acknowledging), a e,rA © (state or place of incorporation) corporation, on behalf of the corporationSHe isCeersonally nown to me (type of identification) as identification and did (did not) take an oath. SA Signature of otary Public — State of Florida Print, Type or Stamp Name of Notary Public Z, =0� ��$SION�co•. �r� �Q NCC823303In i ��•• T �Ided'A� O Mill 1111�`�``,` • 0 CERTIFIED RESOLUTION I, ( Q (Name), the duly elected Secretary of �C 7ow( OUJ &NX,(Corporate Title) a corporation organized and existing under the laws of the JState of pei` do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT _-.XArz.E.nJ h_06__%A2„ .._ (Name)", the duly elected _ j kea-_n4EnlZ_ __ _ (Title of Officer) of Aaz:r,QpLti�Q o; kluyaM Li _(Corporate Title) be and is hereby authorized to execute and submit a Mid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revolted or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. Given under my hand and the Seal of the said corporation Oc-co"E2 , 20 0N - (SEAL) By: day of Secretary Corporate Title NOT F: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 Temp Rests #10713 Exhibit #2 Temp Reso #10182 07/30/2003 Rev#1 08/13/2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- .19 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXERCISE THE FIRST RENEWAL OPTION OF THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA, LLC (AKA: STAFFING CONNECTION) PROVIDING FOR SCHOOL CROSSING GUARD SERVICES EFFECTIVE OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac requires School Crossing Guard Services to promote the safety and well being of children walking and bicycling to and from school; and WHEREAS, the Agreement authorized by Resolution No. R-2001-312, attached hereto as Exhibit 1", along with Resolution No. R-2002-288 amending the expiration date, attached hereto as Exhibit "2", provides for renewal of the contract with Action Labor of Florida, LLC (aka: Staffing Connection) providing for school crossing guard services for two (2) additional two-year periods; and WHEREAS, the current agreement between Action Labor of Florida, LLC (aka: Staffing Connection) and the City of Tamarac providing for school crossing guard services will expire on September 30, 2003; and Temp Reso 410182 07/30/2003 Rev#1 08/13/2003 Page 2 WHEREAS, Action Labor of Florida LLC, (aka: Staffing Connection) has satisfactorily performed its contractual services for the City of Tamarac and has agreed to extend the'term of the Agreement through September 30, 2005, via the renewal agreement attached hereto as Exhibit "3"; and WHEREAS, funding is available in the General Fund for said purposes; and WHEREAS, the Director of Building and Code Compliance and the Interim Purchasing and Contracts Manager recommend approval of the first of two (2) two-year renewal option periods between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection) effective October 1, 2003 through September 30, 2005; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to exercise the first renewal option of the Agreement between the City of Tamarac and Action Labor of Florida, LLC (aka Staffing Connection) for school crossing guard services effective October 1, 2003 through September 30, 2005; original Contract awarded by Resolution No. R-2001-312. Temp Reso #10182 07/30/2003 Rev#1 08/13/2003 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the renewal agreement between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection) for school crossing guard services for a period beginning October 1, 2003 and ending on September 30, 2005 (attached hereto as Exhibit "3"). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp Reso #10182 07/30/2003 Rev# 1 08/13/2003 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27th day of August, 2003. ,,JOE SCHREIBER Mayor ATTEST: 2��,�(,��RECORD OF COMMISSION VOTE: MARION SWEN ON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABI DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCH'ELL S. K CITY ATTORNEY City.o..f.....T.arnar&<' �rcis;;r�r� rrContracts Division ..................................... AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA LLC aka STAFFING CONNECTION The CITY OF TAMARAC (City) and Action Labor of Florida LLC, aka Staffing Connection (Contractor), a limited liability corporation, with principal offices located at 900 Osceola Dr., Suite 222, West Palm Beach, FL 33409, agree to amend the original Agreement dated October 24, 2001 as follows: Per the terms of Section 4 Time of Commencement and Substantial Completion, of the original Agreement dated October 24, 2001, the City and Contractor exercise the first renewal option for the term October 1, 2003 through September 30, 2005. All other provisions of the original agreement remain in effect as written. IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and Action Labor of Florida LLC, aka Staffing Connection, signing by and through its President/CEO, duly authorized to execute same. ATTEST: Marion Swenson, WC City Clerk Date CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Appro4d as' to form andlpgal sufficiency: Mitchell S. Kraft, City Attorney Date r ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy. (CORPORATE SEAL) STATE OF FLORIDA Action Labor of Florida LLC, aka Staffing Connection Company Name, 1 C., Signature of Pr6sident/CEO Karen Hoover Type/Print Name of President/CEO Date CORPORATE ACKNOWLEDGEMENT COUNTY OF 1a In :SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Karen Hoover, President/CEO of Action Labor of Florida LLC, aka Staffing Connection, a limited liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day ofdL-,L? , 2003. '"' Melanie Q. Forrester * MY COMMI5510N # CC141849 MRES June 4, 2004 a.P �.k!N ` IONDED rNRU TROY FAIN INSURANCE INC Signature of Notary Public State of Florida at Large FW-Innie R. Porre5 cv- Print, Type or Stamp Name of Notary Public �] Personally known to me or ❑ Produced Identification Type of I.D. Produced C] DID take an oath, or ❑ DID NOT take an oath. A.PRT[.. 30, 2005 City of Tamarac 7525 N. W. 88`� Avenue Tamarac, Fl. 33321 Attention.: Keith Glatz Dear Mr. Matz: S. ft arline. Road ft 2TJ23 Pompano Beach, FL 33M P: 954,979.06�4 i Temp REso #10713 Exhribit #3 i As per our phone conversation, the new billing rate for the minttYlum, wage change effective May 2, 2005 will be $8.92. We are happy to honor this rate from October 1, 2005 fliru September 30, 2007. The exception to this would be if the minimui� wage needs to be adjusted to reflect the gate of fi f ation during the 12 months prior to September 1t of that year. I have sent to you as an attachment to this letter, the Employment Law update and what the Florida minimum wage amendment mean to you and to Staffing Connection. "Failure to adjust the minimum wages of its employees poses serious consequences for employers." Thank you for your help and we look forward to our continued Working relationship. Sincerely, CAROLS-S. GREENTCH MANAGER SCHOOL CROSSING GUARD DIVISION 88FOLEY �I�, z �' '�'"' reicr �, LLRORttIIrLF Employment Law Update What The Florida Minimum Wage Amendment Means For Your Business On election day, November 2, 2004, Florida voters voted in favor of a constitutional amendment to increase the minimum wage statewide. The minimum wage, currently $5.15/hour, will be Increased to $6.15/hour on May 2, 2005 (6 months after its enactment on election day). Additionally, on September 30, 2005, and every following September 30th, the minimum wage will be adjusted to reflect the rate of inflation during the 12 months prior to September 1st of that year. This adjustment, however, can only be to increase the minimum wage, Therefore, if the rate of inflation is negative, the minimum wage will not be reduced accordingly. The task of calculating the yearly adjustments for the minimum wage has been charged to the Florida Agency for Workforce Innovation. The Agency will likely use the consumer price index to calculate the minimum wage, although the Agency is permitted to use an index calculated by the U.S. Department of labor. The Agency will publish each adjusted minimum wage and the new wage will take affect on January 1st following the September calculation. Failure to adjust the minimum wages of Its employees poses serious consequences for employers. The constitutional amendment specifically provides for the right of an employee or the Florida Attorney General to file a lawsuit, including a class action suit, to recover any wrongfully withheld wages. The amendment allows employees to recover double the difference between the amount they were paid and the amount to which they were entitled, plus reasonable attorneys fees and costs. The amendment also prohibits employers from retaliating against employees for exercising their rights under the amendment, therefore, employees may also seek relief outside of monetary damages, including injunctive relief and reinstatement of employment if the employee has been terminated in retaliation for exercising any of the protected rights.. Additionally, the employer is subject to fines imposed by the State, up to and including $1,000,00 per violation. Employers must take all necessary steps to ensure compliance with the new amendment by May 2, 2005. Although the increase in wages may have a tremendous financial impact on Florida employers, the impact of the wage increase is slight in comparison to the impact of the potential fines and litigation costs imposed on employers who fail to comply. "Failure to adjust the minimum wages of its employees poses serious consequences for employers." C BACK http://www.macfcc/what-the-florida-minimurn-wage_am.btm 3/31/2005 City of Tamarac Purchasing and Contracts Division AGREEMENT AMENDMENT BETWEEN THE CITY OF TAMARAC /_1► I I7_Tot 11 W ► IA_1=Z+]:Z+7 y X+70 107-111 It K+? aka STAFFING CONNECTION The CITY OF TAMARAC (City) and Action Labor of Florida LLC, aka Staffing Connection (Contractor), a limited liability corporation, with principal offices located at 900 Osceola Dr., Suite 222, West Palm Beach, FL 33409, agree to amend the original Agreement dated October 24, 2001 as follows: Per the terms of Section 4, Time of Commencement and Substantial Completion, of the original Agreement dated October 24, 2001, the City and Contractor exercise the second renewal option for the term October 1, 2005 through September 30, 2007. In accordance with the State of Florida Constitution, Article X "Miscellaneous", Section 24 "Florida Minimum Wage", effective May 2, 2005, a minimum wage is established in the State of Florida. As a result of the implementation of the Florida Minimum Wage, Section 5, Contract Sum, of the original Agreement is amended to read as follows: "The Contract Sum for the above work is $7:98 $8,92 per hour per school crossing guard." All other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and Action Labor of Florida LLC, aka Staffing Connection, signing by and through its President/CEO, duly authorized to execute same. CITY OF TA�MARAC J Schreiber, Mayor ATTEST: Jeffre L. Willer, City Manager Marion Swenson, C City Clerk /_'jaI*�I (Corporate Secretary) Type/Print Name of Corporate Secy Date Approved a to form and legal sufficiency: City Attor ey Date Action Labor of Florida LLC, aka Staffing Connection I/ Company�b ager Karen Hoover Type/Print Name of Manager 513 -o s (CORPORATE SEAL) Date of Tamarac and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF Jm�� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Karen Hoover, Manager of Action Labor of Florida LLC, aka Staffing Connection, a limited liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 134$' day ofMkj, 2005. a"-& Laal;& Signature of Notary Public State of Florida at Large xacl Print, Type or Stamp Name of Notary Public [Q----Personally known to me or ❑ Produced Identification Type of I.D. Produced 0' DID take an oath, or ❑ DID NOT take an oath.