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Home My WebLink AboutCity of Tamarac Resolution R-2011-080Temp Reso #12057 June 23, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- go 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 UPON EXECUTION OF AN AGREEMENT AMENDMENT RENEWING THE AGREEMENT THROUGH SEPTEMBER 30, 2013; FOR A RATE OF $10.96 PER HOUR; 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 1, 2007, via Resolution No. R-2007-148, for a two (2) year period with the option to renew for two (2) additional two (2) year periods, a copy of said Resolution and Agreement are on file with the City Clerk; and WHEREAS, the City Agreement Amendment # 1, via Resolution No. R-2009-88 to exercise the first renewal option effective October 1, 2009, a copy of said Resolution and Agreement Amendment are on file with the City Clerk; 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, 2011; and Temp Reso #12057 June 23, 2011 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, 2013, via the execution of Agreement Amendment #2 between the City of Tamarac and Action Labor of Florida LLC aka Staffing Connection, attached hereto as Exhibit "1" which is attached hereto and incorporated herein and made a specific part hereof; and WHEREAS, the Florida minimum wage has recently increased from $5.25 per hour to $5.31 per hour; and WHEREAS Action Labor of Florida LLC aka Staffing Connection is provided a rate increase which reflects a direct pass through of $.06 per hour based on the change in the hourly Florida minimum wage as evidenced in a June 23, 2011 correspondence included herein as Exhibit "2"; and WHEREAS any adjustment in rate will reflect only a direct pass -through of minimum wage rates as provided in the original Agreement; and WHEREAS, funding is available in the General Fund for said purposes; and WHEREAS, the Director of Community Development and the Purchasing and Contracts Manager recommend approval of the second two (2) two-year renewal option for the Agreement between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection) effective upon final execution of this Agreement through September 30, 2013; 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 second renewal option of the Agreement between Temp Reso #12057 June 23, 2011 Page 3 the City of Tamarac and Action Labor of Florida, LLC, aka Staffing Connection, for school crossing guard services effective upon final execution of Agreement Amendment #3 through September 30, 2013; amending the original Contract awarded by Resolution No. R-2007-148. 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 upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution., SECTION 2: The appropriate City Officials are hereby authorized to execute Agreement Amendment #2 between the City of Tamarac and Action Labor of Florida LLC, aka: Staffing Connection to amend the Agreement to adjust the rate from $10.90 per hour to $10.96 per hour beginning on October 1, 2011, and to provide for the acceptance of the second renewal option of school crossing guard services for a period beginning upon October 1, 2011, and ending on September 30, 2013 attached hereto as Exhibit "1" which is attached hereto and incorporated herein and made a specific part hereof. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso #12057 June 23, 2011 Page 4 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this XNIIIII111/1 T A Mq,9'�� SIP' g��SH�° ATTEST: �`. SeA�" ; �0 a4- PETER M.J. RICH DSON, CRM, CRC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ,.A SAM S.d GOREN CITY ATTORNEY ;J /3 day of , 2011. t t PAMELA BUSHNELL MAYOR Commissioner Swenson: , Vice -Mayor Gomez Commissioner Dressl r Commissioner Glasser Glasser --- Mayor Bushnell I 1 1 �uuam•^a�sarananra City q/•Tartaarac P:rrcltasin,& Division AGREEMENT AMENDMENT # 2 BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA LLC a/k/a STAFFING CONNECTION The CITY OF TAMARAC (City) and Action Labor of Florida LLC, a/k/a 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 1, 2007 as follows: 1) Amend Section 4 "Time of Commencement and Substantial Completion" to reflect the exercising of the second renewal option through September 30, 2013 as follows: 4) Time of Commencement and Substantial Completion The term of this Agreement shall be for a two year period beginning on date of execution through September 30, 294 4 2013. The Go r c•epyec+ the right to renew th -s agreement f9F one (4) a nal two (2) the vendG4 inforaSt of the Git yL 2) Amend Section 5 "Contract Sum and Cost Adjustments" to reflect an increase in cost from $10.90 to $10.96 per hour as follows: 5) Contract Sum and Cost Adjustments 5.1 The Contract Sum for the above work shall be calculated based on an Hourly rate Ten Dollars and Ninety-six cents per hour ($40-90) 10. 96 per hour for crossing guards and supervisors. Crossing guard shifts shall be 1.5 hours (3 hours per day), and supervisor shifts shall be 2.5 hours (5 hours per day) for the City of Tamarac. Each other participant in the Agreement shall establish their own daily work schedules. This pricing shall be extended to the City of Tamarac, Florida, the City of Coral Springs, Florida, the City of North Lauderdale, Florida, and the City of Sunrise, Florida. 5.2 No price increase for the contract period will be accepted effective from the date of final execution of this Agreement Amendment through September 30, 2944 2013 unless necessitated by an adiustment to the Florida Minimum Wage, or an adiustment to the Federal Minimum Wage to a higher level than the Florida Minimum Wage. Changes in the Florida minimum wage shall be as outlined in Florida Statute 448,110. Per this Statute, new minimum wage rates will be calculated annually, made public by October 15 of each year and implemented on January 1 of the following_ year. Tamarac Division The City will allow an annual increase in the hourly rate charged eclual only to the difference between the new minimum wage hourly rate as required bz law and the previous minimum wage hourl rate as required by law. No other increases will be acce ted. Additionally, changes in the hourly rate i2aid to the Contractor will be implemented on the Janualy 9st following the announced increase and will apply only to those hours worked after January 1st. All other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank Cav ol'.Tainarac CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF P�4`o'n 0r4a . Purchasing Division 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, a/k/a 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. f WITNESS my hand and official seal this 3d day of=L):�f� 2011. NOTARY P01 IC -STATE OF FLORIDA ,...,,,4, Maritza Gomez Commission # DD884556 ' Expires: APR. 27, 2013 SONDXD THRU ATI.AIfnC BONDING CO., INC. 5 / Sidndture ofNotary Publle State of Florida at Large Print, Type or Stamp Name of Notary Public [� Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. City gf'Tanzarac Purehasing 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 Mayor and City Manager , and Action Labor of Florida LLC, a/k/a Staffing Connection, signing by and through its President/CEO, duly authorized to execute same. C TY OF TAMARAC `\`�\\\I1I , �itbl4 ATTEST: �� F "CAMA�q,Pamela Bushnell, Mayor U g��SH o Date SS1 ;,�0.• �� Michael C. Cernech, City Manager �? N ,,//toICOO\`\�. Peter M.J. Richardson, CRM, CRC Cit Clerk F� '7-t\�--� Date Approv as to form and legal sufficiency: UP kw Date a ,� ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy ,,,�Samuell S. Goren, ity Attorney 9 Date Action Labor .-Staffing Conn Com ov N me natureof fy%nager Florida LLC, aka Karen Hoover Type/Print Name of Manager (CORPORATE SEAL) Date TR12057 Exhibit "2" June 10"', 2011 Keith Glatz City of Tamarac 7525 NW 88`h Avenue Tamarac, FL 33321 Dear Keith: This letter will serve as official notification that Staffing Connection/Action Labor will be happy and willing to extend the existing contract for School Crossing Guard services. Per our conversation, we would agree to a two-year term and propose the following: Pricing will be calculated based on an hourly rate of $1096 per hour for crossing guards and supervisors. All Crossing guard shifts shall be 1.5 hours (3 hours per day). Each post will be billed at 3 hours for an am and pm shift. An elementary school am/pm will be billed at three hours and a middle school am/pm will be billed at three hours. There will be no price increase for the two-year contract period. Unless an adjustment is mandated to the Florida Minimum Wage, or an adjustment to the Federal Minimum Wage to an amount higher than the current Florida Minimum Wage. The appropriate statute would support increases to minimum wage, and changes will be made effective the official ordered date. This will be a straight pass through not to exceed the amount outlined in the Florida Statute. No other increases will be suggested or expected. We had discussed the cities paying for a two-hour refresher class each year. I understand the cities view that this is a cost of our doing business. The proposed two-year contract will not include billing the cities for a two-hour refresher class. The increase from $10.90 to $10.96 is to cover a mandated minimum wage increase that was effective June 1 st, 2011. The increase was .06 cents. Staffing Connection has shown integrity during these tough economic times and the Cities have been given a low markup rate and have not seen an increase in over 2 years. Most importantly we take great pride in knowing we have provided you with an excellent service that has run smoothly with little to no complaints for the last two years. There were no major incidents. Additionally the communication and working relationship has been excellent between our staff and the cities authorized personnel. We look forward to continuing to provide a high level of service! Sincerely yours, Sharron R. Cook, Branch Manager