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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-088Temp Reso #11639 June 11, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- Q K- 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 CROSSING GUARD SERVICES EFFECTIVE UPON EXECUTION OF AN AGREEMENT AMENDMENT RENEWING THE AGREEMENT THROUGH SEPTEMBER 30, 2011; FOR A RATE OF $10.90 PER HOUR; PROVIDING FOR CONFLICTS; PROVIDING FORSEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac requires School Crossing Guard Services to a 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 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, 2009; and Temp Reso #11639 June 11, 2009 Page 2 WHEREAS, Action Labor of Florida LLC of Florida, 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, 2011, via the execution of Agreement Amendment #1 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, 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 first 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, 2011; 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 upon final execution of Agreement Amendment #1 through September 30, 2011; amending the original Contract awarded by Resolution No. R-2007-148. Temp Reso #11639 June 11, 2009 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 Agreement Amendment #1 between the City of Tamarac and Action Labor of Florida LLC, aka: Staffing Connection to amend the Agreement to adjust the rate from $10.96 per hour to $10.90 per hour beginning upon final execution of this Agreement and to provideiorthe acceptance of the first renewal option of school crossing guard services for a period beginning upon final execution of this Agreement, and ending on September 30, 2011 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. 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. Temp Reso #11639 June 11, 2009 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: I HEREBY CERTIFY that I have approved this RESOLUTION as to form. y*j 0 , i0 SAMUEL S. REN CITY ATTORNEY day of 9+1 2009. BETH • • MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER n PURCHASING AND CONTRACTS DIVISION June 8, 2009 Ms. Karen Hoover Action Labor of Florida, LLC a/k/a Staffing Connection 900 Osceola Drive, Suite 222 West Palm Beach, FL 33409 RE: Agreement Renewal IFB No. 07-30B, School Crossing Guard Services Dear Ms. Hoover: The City's Agreement with your company to provide for Crossing Guard Services is currently up for renewal. The original agreement, dated October 1, 2007, provides for two (2) additional two-year renewals. This is the first renewal of the subject contract. The City has recently negotiated new terms with your firm providing for a fixed cost of $10.90 per hour for all services. An additional feature of the new Agreement provides for no increases to be assessed during the contract period, through September 30, 2011. Additionally, services provided to the City of Tamarac will also be provided at the same cost, with the same terms and conditions, to the cities of Coral Springs, North Lauderdale and Sunrise. Please print two (2) originals of the attached Agreement Amendment #1, execute both originals in the areas indicated, including the Corporate Acknowledgement section, and return both executed originals to my attention at the address shown below, by no later than June 12, 2009. We look forward to continuing our partnership! Sincerely, Keith K. Glatz, CPPO, FCPM Purchasing & Contracts Manager 7525 N.W. 88th Avenue I Tamarac, Florida 33321-2401 1 P: 954.597.3570 I F: 954.597.3565 EQUAL OPPORTUNITY EMPLOYER Division AGREEMENT AMENDMENT # 1 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 2 "The Work", paragraph 2.1.1 to reflect the requirement that Contractor shall also provide guards for the City of Coral Springs, the City of North Lauderdale and the City of Sunrise as follows: 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to perform School Crossing Guard Services as required for the City of Tamarac, Florida_, the City of Coral Springs, Florida, the Citv of North Lauderdale. Florida and the Citv of Sunrise. Florida 2) Amend Section 4 "Time of Commencement and Substantial Completion" to reflect the exercising of the first renewal option through September 30, 2011 as follows: 4) Time of Commencement and Substantial Completion The term of this Agreement shall be for a4 initial two year period beginning on date of execution through September 30, 2009 2011. The City reserves the right to renew this agreement for two one 1 additional two (2) year periods subject to the vendor's acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 3) Amend Section 5 "Contract Sum and Cost Adjustments" to reflect a decrease in cost from $10.96, as approved by Change Order 2, to $10.90 per hour, and to reflect that no increases for minimum wage adjustments will be allowed during the contract period through September 30, 2011 as follows: K mxurnc 5) Contract Sum and Cost Adjustments 5.1 The Contract Sum for the above work is Five Hundred tight„ Seveo Three Deflar-s and Fifty Five Gents per shift ($293.55)7 and Fifty Three Dollars an Seventy FiVe GentS ($53.7-5) peF day, or Twenty Six Dollars and Oghty Oght Gen ($26. 86) per- shift for- Grossing guaFd supe DiI,ision Shift pig shall be calculated based on an Hourly rate shall be of Ten Dollars and Ninety -&ix cents per hour ($1.0. 96) 10. 90 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 initial contract period will be accepted effective from the date of final execution of this Agreement Amendment through September 30, 2011. uniess PeGessitated by an adjustment te the F=164da Minimum Wage , o,-linfmonf fn the ede Fal Minimum Wage to � gheF level then the Clr,rida OF an 4inimblm u Via.. a,u „v„a av u,v , vuv, u, �rn,m„u,,, rruaJ.v av u ,naJ.nv, ,v rvr Changes in the Fier4a n4ini'MUM ge shag be as outgned in FW4a Statute 10. PertWs Statute, new min a rri FattGes "eill be ealGuiated nnniinlly, made The City will aflew an annual inGrease in the heudy rate GhaFged equai only to the GUAgrenGe between the new m' -e houdy Fate as Fequired by law and the pre�4e�+s year's mi �ti ge l et rate-xeg�ed law. No -ether inGFeases- :ll All other provisions of the original agreement remain in effect as written. Remainder of Page Intentionally Blank 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. CITY OF TAMARAC ATTEST: Beth Flansbaum — Talabi o, Mayor 13 �2_o Date 0— Jeffre . Mi er, City Manager 1) �✓ -7/ earion SiLenson, CMCDate Clerk'-= o�Qn% Appr v d as to f and legal sufficiency: at rm �_ � SarKuel S. 6&e 11 City Attorney Date ATTEST: Action Labor Rf FI a LLC, aka Staffina Conne6tio /I/o n e y&fA (Corporate Secretary) Type/Print-P3ar e—of Corporate Secy (CORPORATE SEAL) Karen Hoover Type/Print Name of Manager c'1(0��g Date DivisiorI CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA 'SS COUNTY OR4 ct (/ 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. WITNESS my hand and official seal this day of JUT 2009. IRIS N. HERNANDEZ * * Notary Public - State of Florida • " ' ` My Commission Expires Aug 13, 2011 iN� OP` Commission # DD 704434 ignature f Nota' Public StateA FFI ida al Large Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification jype of I.D. Produced DID take an oath, or ❑ DID NOT take an oath.