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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-148Temp Reso #11273 August 16, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- /y? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 07-30B ENTITLED "SCHOOL CROSSING GUARD SERVICES" AND ACCEPT AND EXECUTE A CONTRACT WITH ACTION LABOR OF FLORIDA, LLC (AKA: STAFFING CONNECTION) FOR A PERIOD COMMENCING THE DATE OF EXECUTION THROUGH SEPTEMBER 30, 2009 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 and from school; and WHEREAS, the City of Tamarac public advertised Bid No. 07-30B for School Crossing Guard Services in the Sun Sentinel on both July 15, 2007 and July 22, 2007 and on the Demand Star service (attached hereto as Exhibit 1 ") and WHEREAS, two (2) vendors submitted bids and both were found to be responsive and responsible to the City's specifications, and Temp Reso #11273 August 16, 2007 Page 2 WHEREAS, Action Labor of Florida, LLC (aka) Staffing Connection) submitted the lowest responsive, responsible bid as per the copy of Bid No. 07-30B; and WHEREAS, sufficient funds are available in the appropriate operating fund; and WHEREAS, it is the recommendation of the Director of Building and Code Compliance and Purchasing/Contracts Manager to award Bid No. 07-30B entitled "School Crossing Guard Services" and accept and execute a Contract with Action Labor of Florida, LLC (aka Staffing Connection) commencing the date of execution through September 30, 2009 with the option to renew for two (2) additional two (2) 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 expires on September 30, 2007; and WHEREAS, Action Labor of Florida LLC, (aka: Staffing Connection) has satisfactorily performed its contractual services for the City of Tamarac; 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. 07-30B entitled "School Crossing Guard Services: and accept and execute a Contract with Action Labor of Florida, LLC (aka 1 P Temp Reso #11273 August 16, 2007 Page 3 Staffing Connection) for a period commencing the date of execution through September 30, 2009 with the option to renew for two (2) additional two (2) year periods. 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 Contract between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection) to provide crossing guard services (attached hereto as Exhibit "2"). SECTION 3: The appropriate City Officials are hereby authorized to execute the Contract between the City of Tamarac and Action Labor of Florida LLC (aka: Staffing Connection) for school crossing guard services for a period commencing the date of execution through September 30, 2009 with the option to renew for two (2) additional two (2) year periods (attached hereto as Exhibit "2"). SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso #11273 August 16, 2007 Page 4 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 this ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4�..!���V SAM EL S. GOREN V, CITY ATTORNEY //"d"a'y of/44"/' 2007. 17 �,we MAYOTI RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRA DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 1 1 1280 S. Powerline Road Ste 22/23 Pompano BearNEJ(!VTM4 866.353.7008 f: 954,979.7856 August 1., 2007 City Of Tamarac Purchasing And Contracts Division 7525 NW 881h Avenue Tamarac, Florida 33321 Attention: Steven Beamsderfer, C.P.M. Dear Steve: Temp Reso #11273 217 A.UG 15 PH 4: 58 Exhibit # 1 CITY a. -F,-, ..i vV'\RAL ,�. CEF'T. BU1111U;1ti' This letter is in reference to BID NO. 07-30B for SCHOOL CROSSING GUARD SERVICES. On the original Bid Form, which is Page #3 in the Bid proposal packet, a clarification is necessary in the Minimum Billed Hours/Shift for each Worker. The THREE (3) HOURS indicated on the Bid Form is actually PER DAY, not per shift for each worker. We are the current suppliers of SCHOOL CROSSING GUARD SERVICES to the City of Tamarac, for the past FIVE (5) YEARS and currently bill the City, THREE (3) HOURS PER DAY, Or 1.5 hours per shift for each worker. Should you have any further questions regarding this clarification letter, please contact me at 954-979-8644. Thank you for all your help during the past FIVE (5) YEARS And we are hopeful our continued relationship will continue for many Years to come. Sincerely, CAROLE S. GREENICH MANAGER STAFFING CONNECTION SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3.570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 07-30B BID TITLE: SCHOOL CROSSING GUARD SERVICES BID OPENING DATE/TIME: 3:OOPM, Wednesday, August 1, 2007 BUYER NAME: Steven J. Beamsderfer, C.P.M. BUYER PHONE: 954-597-3566 BUYER EMAIL: stevenb@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: No BONDING: Not required for this bid. GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: I C COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: S BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBEI?'_�"� C) R�OrZZ� SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. of T�-unarac Purchasing and Contracts Divisit},,? COMPANY NAME: (Please Print): `A , r BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... �1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. LiJ Properly fill out the Bid Form. 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. K4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. ZI5. Fill out the Bidder's Qualification Statement. Z'6. Fill out the References page. Z7. Sign the Vendor Drug Free Workplace Form. Z8. Fill out the Public Entity Crimes Statement. YZ Fill out and sign the Certified Resolution. 90. 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. 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 SHOULD BE THE FIRST PAGE OF YOUR BID. ai Tamarac v' - — urr;h,�sirrrr Contras s Division BID FORM BID NO. 07-30B SCHOOL1 CROSSING GUARD SERVICES Submitted by: lC�ytK Date 7C 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 a contract 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 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. E3r� i�c�rn; C'Yl )i 0I Tamarac arac F'rart;t;,a5,r7r & C 017fr-ad.3 Divisirin BID FORM (continued) BID NO. 07-30B 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. Number of Hourly Rate Minimum billed Total Posts Charged Per Hours /for Guard Each Worker' Crossing Guards 19 x b. eo X Supervisor(s) $ Total Charges Per Shift (Total Shift Cost) BASIS OF AWARD: This bid will be awarded on the basis of the lowest total shift cost to the City. Shift cost is defined as the sum of the total amount charged for all crossing guards for one shift added to the amount charged for supervision for one shift. As in the table above, the total amount charged for all crossing guards is obtained by multiplying the total number of guards by the hourly rate charged for those guards by the minimum number of hours billed for one guard for one shift. The amount charged for supervision for one shift will equal the number of supervisors times the hourly rate charged per supervisor times the minimum hours billed per shift for a supervisor. A normal school day would be composed of two shifts, a morning shift and an afternoon shift. Note: Total shift cost is a figure calculated using the information provided on this bid form and is intended to be a means to fairly compare different bid submissions. Because of the potential for some fluctuation in the number of guards required, it in no Bic rcvul Ci!y Of ?ar air; e l �'umh;��i:a� �, Ccrratracf> l�ivr,rar? way obligates the City to pay this figure to a successful bidder regardless of the number of guards utilized. Payments for services will be made on the basis of the number of guards and supervisors actually utilized per shift at the agreed upon rate. 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 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 )II be at Jpe expense of the bidder. QK " ck Compan Na e / Address 33d� p Cif, Fite, IP Contractor' icense Number (if applicable) idn Typeld/Printed Name Telephone & Fax Number ZVr- .., Federal Tax ID# Bid Form City of T,'.-im t ac BID FORM (continued) BID NO. 07-30B 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. 6Au�Ae`ngur-ee:-'� CompirV NAne Typ d/Printed Name Address q74-'(. p 330� Telephone City, $tate, ZIP 94N-R-M-? tor» 143ec0dI-- Fax Federal Tax ID Number Email address for above signer (if any) is License Number 5 Bid Forrr, BID FORM (continued) BID NO. 07-30B Bidders Name: q 1 .0 17f;;•iCtS �lV151C1rj TERMS: o (percent discount, if any, if payment made within � DAYS; otherwise, terms are NET 30 days. � [ To be considered eligible for award, one (1) original and three (3) copies of this bid form should be submitted with the Bid. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may 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. (aid Form G''ty or 7 -).' srac — -- PuR'h:a.�ing & coy ""rjcts l�rri lrrt NON -COLLUSIVE AFFIDAVIT State of E(e County of )ss. SWORN, DEP04ES AND SAYS THAT: BEING FIRST DULY 1. He/she is the Representative or Agent) ` • Ow er, Partner, Officer, that has submitted the attached Pro al; � ,the Offeror 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 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 dPlivararl ;n +k- f: M Non--nrillfrshle: A`111da-vi't Cr,y of 7�:-rrrrarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florid County of .- �r� On this the 3t) day o - 20_1:�-L2 before me, the undersigned Notary Public of the State of Florida, personal appeared (Name(s) of individual(s) who appeared before notary) and 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: NOTARY PU Y j�L l� A7- C,ATE OF FLORI otary Public State of Florida Nancy Jimenez O-P-ersonally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath (.alrtrihwa;fror� Furt:h,;�.sir7c & COWricts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID Requirements, certify that we(I) have read the entire document, including thWe (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. e Specifications, Additional Requ qu comply with all of the requirements of the entire Invitation To Bid. agree to Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER Typ d/Printed Namejib Address Telephone qv'- "- 79 Fax Email address for above signer (if any) City, S te, ZIP 4r- is 3 6QM), Federal Tax ID Number N ►g- Contr ctor S License Number Certi,9cation C;rry of PrW BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and ill 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? *4I `. Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute; 3. Under what former name(s) has your business operated? 4. 5. 6. 7 I CA List former address(es) of that business (if any). r Are you Certified? Yes No If Y� ❑ es, attach copy of Certification Are you Licensed? Yes No ❑ If Yes, attach copy o License Has your company ever declared bankruptcy? Yes ❑ No If Yes, explaim Are you a Sales Representative ❑ Distrib for ❑ Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? A-) //- Have you ever received a contract or a purchase order from the City of Tamarac or title etc.) other governmental entity? Yes 0 No ❑ If yes, explain (date, service/project, bid Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No OIf yes, explain:. 10. Have you ever been debarred;?lif suspended from doing business with any governmental entity? Yes ❑ No yes, explain: ....... ........................ ;................................ �C'f'S �?(1E�lftl:%c3 t70l7 w .. ip717EI71, g F Furt;ita.srrac� C;Jnr a is C;arvisrnra REFERENCES SEfl, aeaa� Please list government agencies and/or private firms with whom you have done business duringthe years: e last five Your Company Name Address City State Zip Phone/Fax E-mail 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 _YSy...'...q.7_? - Ik (1y .."... a..ww4......................... CT�Ih 1 ................ _. I'll .... R r. etaC,., .o of Tamalpc & CO"tracts Di✓r ;inr? ..__ 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: 6. 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. 7. 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. 8. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 9. 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. 10. Impose a section on, or require the satisfactory participation assistance or rehabilitation program if such isavail bleinI the employee's community, by any employee who is so convicted, 11, Make a goo aith effort to continue to maintain a drug -free workplace through grized men ' n of this section. As the person authorized to sign the statement, 1 c;eth this form complies fully with the above requirements, ignature Company m ........ 72 %7t;:rda ;�talcrtr;�s urz,has,�:Jg & Cc;,;trarts Dfvlslo`) SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitt d with Bii, Proposal or C ntract N . to the City of Tamarac for 7 ' 366 L L1L�,Q 2. This sworn statement is submitted by (Name of a ti su miffing sworn state ent) Federal Employer Identification Number (FEIN) (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 10 3. My name is (Print name of individual signing) ceo My relationship to the entity named above is ©lOKLr 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or Political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287,133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or charges brought by indictment or information after July 1 without an adjudication of guilt, in any federal or state trial court of record relating to 1989, as a result of a jury verdict, non jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. ................. ...... Flovi'i st_atufr;,; IZ5, , , , ---- I understand that a "person" as defined in Paragraph 287,133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, executives, partners, shareholders, employees, members, f its sr officers, gents who directors, are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAN HAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INT A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SE ION 28 .017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANG IN THIS FORM, FORM�,7'I N CONTAINED (Signature) (Date) 14_................................................................. ........ lor(J,,.)............................. � Sttatute,s of Tamarac � Purcfra, inq contracl.s Division ACKNOWLEDGMENT State of Flarid� County of On this the .�(.a day o --� before me, the undersigned Notary Public of the State of Florida, personally/ ppeared c�.r ,e r) �7-116; 6, 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. �. �Ll NO I� NOTARY PUBLIC + Y axle, N.rtary Public State of Florida Nancy .Jimenez SEAL OF OFFICE: ��n�� u� M �iir s06l1412009y Commission 440993 (Name of Notary Public: Print, Stamp orrTT as Commissioned) Personally known to me or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 75 ............ ....... ct, r r,n„zac F'r n,h—rasing CCJ771%1C .S Diyt:,i,. r CERTIFIED RESOLUTION rr-- I, �'�¢ (Name), the duly elected �{q, of 1 the State of mate Title), a corporation organized and existing under the laws of eby certify ng Resolution was unanimously adopted and passed by a quorum of the do rBoa d of irectoat r's oflthe 'said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESO VE THAT du ele ed (Name)", the S4h (Title of Officer) of (Corporate Title) be and is hereby authorized to execute a d submit a B' 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 ITLE i y Given under my hand and the Seal of the said corporation this 20 © 7 (SEAL..) Title NOTE: 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. 16 ..... ......... C01 i itlG G'P ...,� so/wion City or Tamar"a.^. SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC AND 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 a corporation with principal offices located at (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, Bid Document No. 07-306 School Crossing Guard Services, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 as if attached to this Agreement or repeated therein. In the event that there is a conflict between as issued by the City, and the Contractor's Proposal, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 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. 2.1.2 Contractor shall supervise the work force 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. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 17 Ci: y/ of Tamarac 3) Insurance P'ua,' asing and CionPrate Ps Div15i()r7 2.1.4 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. 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety 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 and Safety 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. 3.2. 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 from through September 30, 2009, The City reserves the right to renew this agreement for two (2) 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. 5) Contract Sum and Cost Adjustments 5.1 The Contract Sum for tl ($ ) per shift for crossing guards, shift for crossing guard supervisors. e above work is Dollars and cents and Dollars and cents ($ ) per 5.2 No price increase for the initial contract period will be accepted unless necessitated by an adjustment to the Florida Minimum Wage, or an adjustment 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 ?8 C:i?y of Tamal-Hc; Purrhasin.-r and contra"', Jivi-ic�ra 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. The City will allow an annual increase in the hourly rate charged equal only to the difference between the new minimum wage hourly rate as required by law and the previous year's minimum wage hourly rate as required by law. No other increases will be accepted. Additionally, changes in the hourly rate paid to the Contractor will be implemented on the January 1 st following the announced increase and will apply only to those hours worked after January 1st. 5.3 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 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. 5.4 Any request for increase at the time of renewal 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). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Indemnification 7.1 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. City of 7a:-?;xrac tll�,)-11- PUTC-hasit'tg ant! Contracts Division 7.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 7.3 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 & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict Pc,1 City of Tamara - sand Con!rads Divrsinr? with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 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 either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 12) Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor 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 PI Pcrxha5if'rg and Con!;aC.,'is Diyisio)j Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 12.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, 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) Uncontrollable Forces 13.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 13.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14) 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. 15) 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. 16) Signatory Authority 2 ai T, ; ;r'ar, P w,-Iwi '-xg and Contracts s Divi ior? 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. 17) 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 non- enforcement 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. 18) 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. 19) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its duly authorized to execute same. CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor 23 of Tamarac ATTEST: Marion Swenson, CIVIC City Clerk Date ATTEST: Signature of Corporate Secretary- type/Print Name of Corporate Secy (CORPORATE SEAL) 24 Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date of Tamara,, CORPORATE ACKNOWLEDGEMENT STATE OF SS COUNTY OF and Conlracls Divrsio)) 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 , of a 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 20 Signature of Notary Public 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. P5 JULY 27, 2007 THE CITY OF TAMARAC PURCHASING DIVISION 7525 N.W. 88T" AVENUE ROOM # 108 TAMARAC, FLORIDA 33321-2401 ATTENTION: STEVEN J. BEAMSDERFER,C.P.M. Dear Mr. BEAMSDERFER: Thank you for the opportunity to participate in the Bid Opening for the Contracting of Crossing Guard. Services. On the following pages you'll find information, initiatives and action steps to assure a successful and professionally managed program for School Crossing Guards, in the CITY OF TAMARAC. In preparing this bid, the challenges that had to be met are: 1) Why we are qualified to perform these services; 2) How we will go about meeting the requirements necessary to run and develop the program; 3) Answering questions pertinent to using an outside contract and 4) Program costs. I look forward to hearing from your office after the initial Bid opening on Wednesday, August 1, 2007 at 3:00 P.M. I will be happy to answer any questions your office may have and am always available to meet with any interested parties regarding our qualifications. Please feel free to contact me at our toll free number 1-866-353-7008 or by E-mail to Carole Staffin connection.com. It has been our pleasure, to provide School Crossing Guards to the City of Tamarac for the past five (5) years and appreciate the help and cooperation, we have received from the many employees we have come in contact with over the years. Sincerel CAROLE S. GREENICH` MANAGER SCHOOL CROSSING GUARD DIVISION TABLE OF CONTENTS COVER LETTER A. COMPANY INFORMATION B. OFFICE LOCATION C. EXPERIENCE AND EXPERTISE D. ADVANTAGES TO USING STAFFING CONNECTION E. TRAINING F. DRESS CODE G. MEETING REQUIREMENTS H. BONUS PROGRAMS PART 11 A. BACKGROUND CHECKS/DRUG FREE WORKPLACE B. O.S.H.A. REQUIREMENTS C. INSURANCE D. LICENSE E. EQUAL OPPORTUNITY EMPLOYER F. REFERENCES FU FAoVlclx.. - W-1 STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC has over 21 years experience providing premier staffing services to a broad range of industries. The company was founded by Karen Hoover in 1986 when she opened her first location in Gainesville, Fl. Since that time, offices have been opened throughout the southeast and in the Caribbean. The two service lines of the company are ACTION LABOR AND STAFFING CONNECTION. ACTION LABOR primarily provides day laborers for the construction trades, but also places a number of unskilled, semi -skilled and skilled employees in longer term positions in a variety of industries and settings. ACTION LABOR'S focus is to provide 1 to 100 or more workers for skill -specific assignments, as well as supervised teams for assembly, packaging, hospitality and other industries, where a vendor managed workforce proves cost-effective. The company's consistent pursuit to improve deliverables to clients has been a cornerstone of the success we've experienced in STAFFING CONNECTION'S School Crossing Guard (SCG) unit. Led by Carole Greenich, who has over a decade of experience and is a respected guardian over the safety of our children, SCG has become an active partner of many county and sheriff safety initiatives. She and others on her staff routinely visit with school principals and staff to review concerns or issues and speak directly with parents, teachers and children regarding safety procedures. Carole believes that this level of involvement is not a "Value - add", rather a responsible role of SCG as part of the partnership created. On the following pages you'll find a list of initiatives and action steps to assure a successful transition to a professionally managed program for School crossing guards for BROWARD, PALM BEACH, DADE AND LEE COUNTIES. We look forward to working with you and in return, begin to implement our recruitment, orientation and supervision procedures, whose single goal is the safety of our children. On -going... Promote a referral bonus program for SCG employees to help recruit new individuals for open positions. All employees, upon reaching certain minimum hour requirements, will be awarded a vacation pay bonus by SCG. A safety bonus is paid to ALL employees monthly, if STAFFING CONNECTION has an injury free month. All employees with perfect attendance for six months straight, become eligible for the drawing of 3 monetary prizes. Each month an individual is chosen to become EMPLOYEE OF THE MONTH receiving a certificate and a bonus. Training/operations... SCG will facilitate on going training. Sessions to be held weekly until all guards are trained, then as required for all new personnel hired. Carole Greenich, Joanne Duty, Nancy Jimenez and Vicki Miller are certified crossing guard trainers on Staff. In addition, there are 35 supervisors who are certified by the State Of Florida, to train in their respective cities. SCG will administer all necessary crossing guard regulatory forms and other paperwork as required by the State of Florida. After January 1, 2007, institute annual retraining course. Assure that all supervisors are State Certified by the Florida Department of Transportation. Each school crossing guard, will be issued a STAFFING CONNECTION/SCG photo ID name tag to be worn while on their respective post assignment. An SCG Supervisor will be responsible for verifying all posts are covered each day and that all guards are on their posts for the required time period. An SCG Liaison manager will travel with the supervisor on an established periodic basis to each post to assure that policies and procedures are being followed. An SCG Liaison manager will meet with all crossing guard supervisors weekly to verify accurate reporting of time and address any issues that have arisen. All SCG employees will be offered a vacation pay plan and have opportunities to compete for bonus programs. All SCG employees will be covered by STAFFING CONNECTION'S liability and worker's compensation insurances. ASAP implementation... Upon approval of contract, STAFFING CONNECTION will: Obtain all names, addresses and phone numbers of full time and substitute school crossing guards. Create a welcoming letter and introduction package and mail to all names provided. Begin background and reference checks on all newly registered and hired guards as well as drug testing. Ensure that all crossing guards have been trained to the "Florida School Crossing Guard Training Guidelines". Send letter of introduction to each school's principal so a reference can be on hand for any teacher, parent or Resource Officer who wish to contact us. Prepare recruiting ads and flyers and make available at each school for those who might be interested in a school crossing guard position. Begin extensive recruiting campaign, including presentations at condo and homeowner's associations, local print advertising and use of other medium to assure a complete workforce is in place prior to the new school year. On your part... A primary contact person will need to be identified who can help with situations which require immediate attention. Use of existing equipment with inventory done by the CITY OF TAMARAC. Replacement of new equipment will be at the expense of STAFFING CONNECTION. INFORMATION ON STAFFING CONNECTION: STAFFING CONNECTION -MAIN OFFICE -CROSSING GUARDS 1280 SOUTH POWERLINE ROAD 425 AND 26 POMPANO BEACH, FL. 33069 PHONE # 954-979-8644 FAX # 954-979-7856 TOLL FREE NUMBER: 1-866-353-7008 SATILITE CROSSING GUARD OFFICE -PALM BEACH COUNTY 900 OSEOLA DRIVE 4100 WEST PALM BEACH, FL. 33409 PHONE # 561-640-4894 FAX # 561-640-4899 CAROLE S. GREENICH MANAGER SCHOOL CROSSING GUARD DIVISION 15 YEARS EXPERIENCE DOING SCHOOL CROSSING GUARDS 21 YEARS IN THE STAFFING INDUSTRY CERTIFIED TRAINER JOANNE DUTY CROSSING GUARD LIAISON 6 YEARS EXPERIENCE AS GUARD LIAISON CERTIFIED TRAINER NANCY JIMENEZ BI-LINGUAL RECRUITMENT SPECIALIST 2 YEARS EXPERIENCE AS RECRUITMENT SPECIALIST CERTIFIED TRAINER VICTORIA MILLER LIAISON FOR PALM BEACH COUNTY 2 YEARS EXPERIENCE AS PALM BEACH COUNTY LIAISON CROSSING GUARD FOR 2 YEARS FOR THE CITY OF BOYNTON BEACH. CERTIFIED TRAINER CORPORATE OFFICE: ACTION LABOR 900 OSCEOLA DRIVE # 222 WEST PALM BEACH, FL. 33409 PHONE # 561-683-1211 FAX # 561-683-3375 PRESIDENT AND -CEO OF ACTION LABOR/STAFFING CONNECTION IS KAREN HOOVER. 21 YEARS PROVIDING PREMIER STAFFING SERVICES WITH 17 OFFICES THROUGHOUT FLORIDA, SOUTH CAROLINA. STAFFING CONNECTION DOES SCHOOL CROSSING GUARDS ALL OVER THE STATE OF FLORIDA. EXPLANATION AS TO WHY STAFFING CONNECTION/ACTION LABOR IS QUALIFIED TO PERFORM CROSSING GUARD SERVICES FOR THE CITY OF TAMARAC. STAFFING CONNECTION/ACTION LABOR is extremely qualified to do CROSSING GUARD SERVICES as they have the highly qualified team of CAROLE S. GREENICH, JOANNE DUTY, NANCY JIMENEZ, AND VICKI MILLER, who currently handle (23) city contracts throughout Broward, Dade, Palm Beach and Lee Counties. All individuals 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 Tri County Area. Their DEDICATION and COMMITMENT when dealing with human lives on a daily basis, is superior to none. STAFFING CONNECTION/ACTION LABOR 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 all staff members is extremely important, not only to the CROSSING GUARDS, but to the cities as well. All calls are answered quickly and whatever action needed to be taken, was done so swiftly. As a matter of record, STAFFING CONNECTION/ACTION LABOR provide CROSSING GUARD SERVICES TO THE CITIES OF TAMARAC, POMPANO, LAUDERDALE LAKES, LAUDERHILL, COCONUT CREEK, OAKLAND PARK, NORTH LAUDERDALE, SUNRISE, LEE COUNTY SHERIFF'S DEPARTMENT, PALM BEACH GARDENS, HOMESTEAD, DANIA BEACH, BOYNTON BEACH, HALLANDALE BEACH, WILTON MANORS, TOWN OF JUPITER, CITY OF FT. MYERS, TOWN OF PEMBROKE PARK, CITY OF GREENACRES, NORTH BROWARD ACADEMY, NORTH PALM BEACH, THE CITY OF DELRAY BEACH AND THE TOWN OF LANTANA. PAGE 2 As of JANUARY 2007, this division is in negotiations with 11 additional cities throughout Florida, for Crossing Guard Services. STAFFING CONNECTION/ACTION LABOR 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 STAFFING CONNECTION/ACTION LABOR 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. STAFFING CONNECTION/ACTION LABOR 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. STAFFING CONNECTION/ACTION LABOR 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 and are OSHA. certified with trainers on staff. STAFFING CONNECTION/ACTION LABOR 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. INFORMATION PERTINENT TO CONTRACT SERVICES FOR SCHOOL CROSSING GUARDS FOR THE CITY OF TAMARAC. 1. WILL CURRENT GUARDS BE ABSORBED BY STAFFING CONNECTION/ACTION LABOR? All current guards will be given the first opportunity to remain and become employees of STAFFING CONNECTION AND ACTION LABOR. We would also value any input from THE CITY OF TAMARAC on guards that might be used in a supervisory capacity. 2. WHO WILL PROVIDE THE TRAINING OF THE GUARDS? CAROLE S. GREENICH, MANAGER AND JOANNE DUTY, NANCY JIMENEZ AND VICKI MILLER, are Florida Department of Transportation Certified Crossing Guard Trainers, and conduct all formal training of new and present crossing guards. In addition, 34 supervisors are State Certified Trainers in areas serviced by STAFFING CONNECTION. 3. WHO WOULD PROVIDE LIABILITY AND WORKMEN'S COMPENSATION UNSURANCE? STAFFING CONNECTION/ACTION LABOR will provide LIABILITY AND WORKMEN'S COMPENSATON as we do in other cities. THE CITY OF TAMARAC will be named as additional insured. PAGE 2 4. IS THERE COVERAGE IN THE EVENT A GUARD DID NOT SHOW FOR A POST? A supervisor will be provided for all guards to report directly to. This allows STAFFING CONNECTION/ACTION LABOR to control on a day to day basis the attendance/punctuality of all guards. We will have at least five (5) substitutes available at all times and the supervisors will also be available to fill in where needed. Each guard will have the supervisor's phone number and STAFFING CONNECTION/ACTION LABOR has a twenty-four hour answering service, in the event a guard has a problem during non -working hours. 5. WHO WOULD THE CONTACT PERSON BE AT STAFFING CONNECTION/ACTION LABOR FOR PROBLEMS? CAROLE S.GREENICH, JOANNE DUTY, NANCY JIMENEZ AND VICKI MILLER. We currently receive support from either the Police Service Section or Code Enforcement from all contracted cities. We would expect a contact person from THE CITY OF TAMARAC to be available for any needs that may arise. 6. WOULD SUMER SCHOOL COVERAGE BE PROVIDED? Currently all contracts cover summer school and would apply for THE CITY OF TAMARAC if needed. PAGE 3 7. HOW WOULD THE PAY SCHEDULE WORK? All employees are paid on a weekly basis upon submission of a group time sheet by the supervisor. All time sheets must be into our office on Friday at 5:00 P.M. S. WHAT WOULD BE THE BILLING TERMS FOR THE CITY? STAFFING CONECTION/ACTION LABOR accounting department works very closely with each city on any invoicing problems that may occur. ALL INVOICES ARE BILLED ON A WEEKLY BASIS AND PAYMENT IS EXPECTED AT LEAST TWICE A MONTH. All cities adhere to this schedule. 9. WHAT WOULD BE THE LENGTH OF THE This would be up to the discretion of THE CITY OF TAMARAC. Contracts range from three years with two, one year renewals or two years with, two -three year renewals. ACTION PLAN FOR CROSSING GUARDS FOR THE CITY OF W.yT- . ,7 UPON NOTIFICATION OF CONTRACT: 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. A) Notify all CITY OF TAMARAC School Crossing Guards to set appointments with STAFFING CONNECTION/ ACTION LABOR SCHOOL CROSSING GUARD DIVISION. B) Do background and reference checks on all newly registered School Crossing Guards hired through STAFFING CONNECTION AND ACTION LABOR. We are a Drug Free Workplace and testing is done as a condition of employment. C) Recruit within the CITY OF TAMARAC area at home owner associations, local organizations and advertise in local publications for School Crossing Guards. D) A bonus program is available to all School Crossing Guards who refer individuals for open post positions-$30.00 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. PAGE 2 2) Maintain School Crossing Guard Training as required for all new personnel hired, scheduled on an "as need basis." 3) After January I" 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 STAFFING CONNECTION/ACTION LABOR. 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 Guards will be issued a STAFFING CONNECTION/ACTION LABOR photo I.D. 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. PAGE 3 C) A STAFFING CONNECTION/ACTION LABOR 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. D) A STAFFING CONNECTION/ACTION LABOR School Crossing Guard Liaison will meet with the Crossing Guard Supervisor on a weekly basis, to verify time is being reported correctly and be proactive to any situations that may arise. ADVANTAGES TO USING STAFFING CONNECTION: ]) UNIQUE RECRUITMENT SKILLS MAKING STAFFING EACH POST A REALITY. 2) MANDATORY TRAINING DONE ACCORDING TO "FL. SCHOOL CROSSING GUARD GUIDELINES" BY OUR CERTIFIED STAFF. POST OBSERVATIONS DONE AS WELL AS ALL PAPER WORK COMPLETED AND SENT TO THE STATE. WEEKLY TRAINING CLASS'S HELD FOR NEW RECRUITS. 3) DAILY MAINTENANCE OF ALL GUARDS 4) 24 HOUR ANSWERING SERVICE WITH A TOLL FREE NUMBER. 5) BACKGROUND AND DRUG TESTING ON NEW HIRES. 6) PAYROLL AND END OF YEAR DISTRIBUTION OF TAX STATEMENTS 7) ALL GUARDS COVERED BY STAFFING CONNECTION LIABILITY AND WORKMEN'S COMPENSATION. 8) STATE CERTIFIED SUPERVISORS 9) WEEKLY PAYROLL WITH BENEFITS FOR SCHOOL CROSSING GUARDS. DRESS CODE All School Crossing Guards must abide by the DRESS CODE set by STAFFING CONNECTION. THERE ARE NO EXCEPTIONS TO THIS RULE! Proper dress for all guards consists of the following: 1) Black or dark navy blue pants, skirts or shorts; (short shorts are not permitted) 2) A plain white shirt or blouse with NO writing on the front side; 3) Sneakers or tie shoes. BLUE JEANS OF ANY HIND OR SANDALS ARE NOT PERMITTED! You must always have your VEST, GLOVES OR STOP SIGN, PHOTO ID BADGE AND WHISTLE on at all times. If you come to work without these, you will be sent home. When you wear a raincoat, please make sure your VEST is worn over top of the coat. MEETING REQUIREMENTS: EQUIPMENT: STAFFING CONNECTION/ACTION LABOR CURRENTLY USES ALREADY PROVIDED EQUIPMENT (AFTER INVENTORY BY THE CITY) CONSISTING OF STOP SIGN, WHISTLE AND REGULATION.VEST. IF THE CITY DESIRES ADDITIONAL EQUIPMENT OR ADD ON EQUIPMENT, STAFFING CONNECTION/ ACTION WILL PROVIDE WHAT IS NECESSARY. SUPERVISORS: 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 JOANNE DUTY OR VICKI MILLER EVERY FRIDAY MORNING TO FINALIZE THE WEEKS ACTIVITIES. THE SUPERVISOR WILL BE PAID FOR ADDITIONAL HOURS A DAY AND THE GUARDS WILL BE PAID FOR ACTUAL HOURS WORKED PER DAY. 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 STAFFING CONNECTION/ACTION LABOR AND ARE WORTH HIS/HER WEIGHT IN GOLD. WE CURRENTLY HAVE 35 SEASONED AND EXCELLENT SUPERVISORS IN OUR CURRENT CONTRACTED CITIES. ALL SUPERVISORS ARE STATE TRAINED AND CERTIFIED. PAGE 2 SUBSTITUTIONS: STAFFING CONNECTION/ACTION LABOR 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 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. r-Allol".30 STAFFING CONNECTION/ACTION LABOR CROSSING GUARDS WILL HAVE PHOTO ID 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 STAFFING CONNECTION/ACTION LABOR LIABILITY AND WORKMAN'S COMPENSATION INSURANCE. PAGE 3 TRAINING: ALL TRAINING WILL BE DONE BY STAFFING CONNECTION/ ACTION LABOR STATE CERTIFIED STAFF. ALL PAPER WORK REQUIRED BY THE STATE OF FLORIDA, WILL BE COMPLETED BY STAFFING CONNECTION/ACTION. GUARDS WILL BE TRAINED ON "SCHOOL CLOSED DAYS" AND PAID AT THEIR REGULAR RATE AND BILLED TO THE CITIES AS REGULAR SCHOOL WORKING DAY. 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. BONUS PROGRAMS AVAILABLE TO CROSSING GUARDS: 1) A referral bonus program is payable to all School Crossing Guards who refer individuals for open post positions-$30.00 after a new guard has worked a total of 40 hours. 2) Each month a safety bonus is paid to all cities if an accident is non existent in any city. The bonus is $10.00 to all guards. 3) A perfect attendance bonus of $25.00 is paid TWICE a year to 5 individuals drawn from a pool of perfect attendees. 4) Staffing Connection recognizes monthly an "Employee of the Month" with a certificate of appreciation and a $25.00 check. Ii7L'�jl BACKGROUND CHECKS All STAFFING CONNECTION/ACTION LABOR School Crossing Guards are background checked prior to filling out an application. All current working guards are background checked on an yearly basis. STAFFING CONNECTION/ACTION LABOR is a designated DRUG -FREE WORKPLACE. All applicants are tested for illegal substances prior to filling out an application. O.S.H.A. REQUIREMENTS STAFFING CONNECTION/ACTION LABOR IS A CERTIFIED O.S.H.A. TRAINING COMPANY WITH AN EXCELLENT SAFETY RECORD. :.t, ;' W-9 Form. Request for Taxpayer Give fora, to the (Rev. January 2003) Identification Number and Certification requester. Do not Department of the Treasury Intemal Revenue Service send to the IRS. ry Name , ACTION LABOR OF FLORIDA, LLC a Business name, if different from above F O y� 0 Individual/ LLC n Check appropdate box: ❑ Sole proprietor El Corporation ❑Partnership 0 Other ■LLC Exempt from backup ❑ ` ....... withholding cC Address (number, street, and apt, or suite no.) Requester's name and address (optional) 900 OSCEOLA DRIVE, SUITE #222 u !� City, state, and ZIP code U a WEST PALM BEACH, FL 33409 mList account number(s) here (optional) CD N Tax a er Identification Number . IN) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN), social security number However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number:(EIN). If you do not have a number, or see How to get a TIN on page 3. Note: If the account is in more than one name, seethe chart on page 4 for guidelines on whose number Employer Identification number to enter. 6 15 1 0 13 18 16 12 1,2 ` CertiFrcation Under penalties of perjury, I certify that: 1.. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am. exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you ve been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and divi nds on your tax return. For real estate transactions, item- 2. does not apply. For mortgage interest paid, acquisition or abandonme f s�dKopfry, cancellation of debt,.contributions to an individual retirement arrangement (IRA), and generally, payments other t interends, you are not -required to sign the Certification, but you must provide your correct TIN. (See the instructlo s 9PKpage 4.) Sign I signature of Here U.S. person 0- Purpose of Form v / v A person who is required to file an information return with the IRS;must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to'you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation .of debt, or contributions you made to an I PA. U.S. person. Use Form W-9 only if you area U.S. person (including a resident alien), to provide your correct TIN to. the person requesting it (the requester) and, when applicable; to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), Z. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup Withholding if you are a U.S. exempt payee, Note, if a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9, Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities), Date 0— Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types, of.income. However, most tax treaties contain a provision known as a "saying clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S, resident alien for tax purposes. If you are a U.S. resident alien who is relying on an .exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a. nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Cat. No. 10231X Form W-9 (Rev, 1-20M) EQUAL EMPLOYMENT OPPORTUNITY: STAFFING CONNECTION/ACTION LABOR is an Equal Opportunity Employer and does not and will not discriminate against any person, employee, or applicant for employment, because of race, creed, color, religion, sex, national origin, ancestry, age or disability. REFERENCES FOR THE CORPORATE OFFICE OF ACTION LABOR AND STAFFING CONNECTION. ACTION LABOR OF FLORIDA, LLC A.K.A. STAFFING CONNECTION 900 OSCEOLA DRIVE, SUITE 222 WEST PALM BEACH, FL. 33409 PHONE 651-683-121.1 FAX 561-683-3375 REFERENCES: CITY OF TALLAHASSEE 100 WEST VIRGINIA STREET TALLAHASSEE, FLORIDA 32301 850-891-6882 CURTIS WATKINS CITY OF MARY ESTER 195 CHRISTOBAL ROAD MARY ESTER, FLORIDA 32569 850-243-3566 LEE IFERS CITY OF PENSACOLA 180 GOVERNMENTAL CENTER PENSACOLA, FLORIDA 32501 850-595-1466 STEVE WINECKI CITY OF RIVIERA BEACH P.O. DRAWER 10682 RIVIERA BEACH, FL. 33404 561-845-4057 DONNA HOLDER CITY OF FT. PIERCE P.O. BOX 1480 FT. PIERCE, FL. 34950 561-460-2200 JUDITH NOONE REFERENCES FOR STAFFING CONNECTION -SCHOOL CROSSING GUARD DIVISION CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FL. 33435 SINCE 2002 561-742-6163 SGT. STEWARD STEELE CITY OF COCONUT CREEK 4800 WEST COPANS ROAD COCONUT CREEK, FL. 33063 SINCE 2001 954-973-6730 SGT. TIM BRADSHAW CITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL. 33004 954-924-3630 SINCE 2002 MARY MCDONALD, HR DIRECTOR CITY OF FT. MYERS 2210 PECK STREET FT. MYERS, FL. 33901 SINCE 2005 1-239-850-6742 MAJORJOHNSON CITY OF HALLANDALE BEACH 400 S. FEDERAL HIGHWAY HALLANDALE BEACH, FL. 33009 SINCE 2002 954-457-1418 CAPTAIN DWYNE FLORNORY CITY OF HOMESTEAD 790 N. HOMESTEAD BLVD. HOMESTEAD, FL. 33030 SINCE 2003 1-305-247-1801 LYNN HOCKMUTH, HR. DIRECTOR TOWN OF JUPITER 210 MILITARY TRAIL JUPITER, FL. 33458 SINCE 2004 561-741-2205 LT. MICHAEL GOAD CITY OF LAUDERDALE LAKES 4300 N.W. 36TH STREET SINCE 2001 LAUDERDALE LAKES, FL. 33319 954-535-2711 CONNIE S. HULL, HR. DIRECTOR PAGE 2 CITY OF LAUDERHILL 2000 CITY HALL DRIVE LAUDERHILL, FL. 33313 SINCE 2001 954-730-3010 SGT. JOHN RHAMES LEE COUNTY SHERIFF'S OFFICE 14750 SIX MILE CYPRESS PARKWAY FT. MYERS, FL. 33912 1-239-477-1163 SINCE 2001 LT. LINDA KING CITY OF NORTH LAUDERDALE 701 S. W. 71ST AVENUE NORTH LAUDERDALE, FL. 33068 SINCE 2001 954-722-0900 SGT. WATKINS CITY OF OAKLAND PARK PARKS AND RECREATION DEPARTMENT 3900 N.E. 3RD AVENUE OAKLAND PARK, FLORIDA 33334 SINCE 2001 954-561-6264 BRIAN PAGLIAO PARKS/RECREATION CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL. 33410 SINCE 2003 561-799-4535 LT. JAY SPENCER CITY OF PEMBROKE PARK 700 EAST DANIA BLVD. DANIA BEACH, FL. 33004 SINCE 2005 954-920-2921 TOM WILDE, ASST. TOWN MANAGER CITY OF POMPANO BEACH 1810 N.E. 6TH STREET SINCE 2002 POMPANO BEACH, FL. 33060 954-786-4185 CAROL FOLAND PARKS/RECREATION PAGE 3 CITY OF SUNRISE 10770 W. OAKLAND PARK BLVD. SUNRISE, FL. 33357 SINCE 2001 954-572-2274 MARSHA PETERSON, PURCHASING CITY OF TAMARAC 7525 N.W. 88TH AVENUE TAMARAC, FL. 33321 SINCE 2001 954-724-2450 DAVID OSTEEN, CODE ENFORCEMENT CITY OF WILTON MANORS 524 N.E. 21ST COURT WILTON MANORS, FL. 33306 SINCE 2002 954-390-2192 SGT. EDWARD COSTELLO NEW CITY AS OF 8/10105 CITY OF GREENACRES 2995 JOG ROAD GREENACRES, FLORIDA 33467 SINCE 2005 561-642-2110 CAPTAIN CHARLES R. ORLANDO NEW AS OF 5/5/06 CITY OF NORTH PALM BEACH 560 U.S. HIGHWAY 1 SINCE 2006 NORTH PALM BEACH, FL. 33408 SUZANNE CRUZ NEW AS OF 8/14/06 CITY OF DELRAY BEACH 300 WEST ATLANTIC AVENUE DELRAY BEACH, FLORIDA 33444 561-441-0246 JOE MILENKOVIC SINCE 2006 NEW AS OF 10/1/06 TOWN OF LANTANA 500 GREYNOLDS CIRCLE LANTANA, FLORIDA 33462-4594 561-540-5713 CAPTAIN ANDY RUNDLE SINCE 2006 ACD D CERTIFICATE OF LIABILITY INSURANCE of ID ACTxoDS DATE(MMroD,YYYY) 01 03 07 PRODU THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE KuykendallGardner 1560 Orange Avenue, Suite 750 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Winter Park FL 32789-5552 Phone:407-894-5431 Fax:407-629-6378 f INSURERS AFFORDING COVERAGE NAIL# INSURED Action Labor Management, LLC Action Labor of Florida Action Labor of Carolinas A ion Lgor of Mississipp i 9� Osceola Drive Suite 222 West Palm Beach, ft 33409 INSURER A Illinois National Insutanae Co -- INSURERS: American Home Assurance _ INSURER C -- INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEFN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .�.........._._ ------` INSR LTR INSRD --- � -��- _ TYPE OF INSURANCE .. POLICY NUMBER BATE MM/0DlTI E POTICYWFIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2 000,000 PREMISES Eaooe1urence A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx] OCCUR GL45572304 01/01/07 01/01/08 MED EXP (Any ane person) ,$,50-000 s5,000 P_ERSONALBADVINJURY s2,000,000 ed X XCU Not Excluded _ GENERAL AGGREGATE _ $ 5,000 000* _ PRODUCTS • COMP/OP ACC $ 2 00 0 000 GEN'L AGGREGATE LIMIT APPLIES PER: Emp Bene 2,000 000 X POLICY JECOT Loc B AUTOMOBILE X LIABILITY ANY AUTO CA1469182 01/01/07 01/01/08 COMBINED SINGLE LIMIT (Fa accident) $2,000,D00 BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) _.._.- $ S B X HIRED AUTOS NON -OWNED AUTOS CA1469182 CA1469182 01/01/07 01/01/07 01/01/08 01/01/08 X X_ X PROPERTY DAMAGE (Perscadent) $ 8 B Cam /$1000 Ded CA1469182 CA1469182 01/01/07 01/01/07 01/01/08 01/01/08 Coll/$1000 Ded GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCE$SIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR n CLAIMS MADE _ DEDUCTIBLE $ s RETENTION $ WORKERS COMPENSATION AND X I TORY LIMITS I ER - E.L. EACH ACCIDENT $ 11000000 - - $ 1 000,000- _ A834382 A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? - FL 834381 - SC 01/01/07 01/01/07 01/01/08 01/01/08 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT $ 1 , 000 000 1` doamba unCar SPECIAL PROVISIONS below OTHER A General Liability GL4572304 01/01/07 01/01/OB Loa Agg 2,000,000 Per Location A DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Tamarac is an additional insured on the referenced General Liability policy, but only when required by a written contract between Action Labor Mgmt, LLC and City of Tamarac. !':F97TIFIC:ATF Nnl nFR CANCELLATION CI TATA4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI` DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Tamarac NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : Keith K . G1atz IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 7525 NW 88th Avenue Tamarac FL 33321 REPRESENTATIVES_ - — ACORD 25 (2001108) W n.. v ....r.r ...�� � .— r r..+ The Crosswalk Figure 1 Oakland Park Guards attending the yearly refresher training class for 2007. We would like to take this opportunity to thank every one of you for attending your yearly training class. Every year we ask you to brush upon your skills so that we may maintain a reputation for providing the very best School Crossing Guards around! ! ! Other Inside News: Congratulations to our Employee of the Month for March 2007 — Ms Ann Crossley of Lee County. Ms Crossley has been an inspiration to us all. She has worked 2 posts for the large part of this school year in an area spread out over 50 miles in each direction. She has done so graciously and without ever complaining. After a few months without a Safety Bonus we finally broke our unlucky streak. February and March were accident free. Remember the $10.00 bonus always appears under the Advance column on your pay stubs.. Company Policies: As the year comes to a close we wish to thank all of you for a job well done, especially those guards with perfect attendance for the semester. We will have a perfect attendance lottery drawing and the winners will get a $25 award in August upon your return. Which brings us to a very important subject. Some of our Crossing Guards that have been constantly late or absent throughout the year may not be asked to return to work. Letters will be sent out to those guards before the end of the summer. Please understand that no matter what your reasons, due to the nature of our business, constant lateness or absences will not be tolerated. Important Dates: Summer School'- Each of you will be notified by your supervisor just before the end of the school year as to summer school opportunities. School Starts: August 20, 2007 in Broward, Lee County and Homestead Palm Beach starts August 22, 2007. Hallandale and Pembroke Park and Catholic Schools — You must contact your supervisor or call this office. Please call Nancy at 954-979-8644 if you hai,e any newsworthy information for our next issue. I look forward to hearing from you. -Editor — Nancy Jimenez (04107) C7 o o C 1-4 rD p a PID �OTi a s n Q I ►' n P, � rro ° n 19A r, n ° � �! � n rD rL w o Qcr o R. h" Q n orG. n 0 Cn C U) D m -n m m z r �m 20 (-) o m Eq co z N b bA ca y j • v O "O U w O 7 y w V O 5 0 o IS, •� o y O d tc of N" V QI A O O +� cu WS CO. u ° o � . ° V ci c U U V Q 4 o rn F U° U o o a� •o a U u ' v V M om+t" v v O p p v O O cn �i OHO .bA O -O O y 4. 71 to u° to W w � one am -d .v o w w no'v u ; � io . � O cA o an o lu • 4 ,� F u H °� � � V a, � U � u C7 o aS o oA o � o ° 4� rs .b as `� pp cd rk ° LL. Lli o°n, !� ~ G, O w Q Lk N Vj a �� o y= o o °° CL W a �gL LL- �uaa ° . O EXHIBIT 2 �r TR 11273 City of iarrrarac � � Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND ACTION LABOR OF FLORIDA LLC A/K/A STAFFING CONNECTION 11 ` THIS AGREEMENT is made and entered into this _ day of LtLrn 6XA-), 20 C:- 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") andAction Labor of Florida LLC, a/k/a Staffing Connection, a Florida Limited Liability 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, Bid Document No. 07-30B "School Crossing Guard Services", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 07-30B, "School Crossing Guard Services", as issued by the City, and the Contractor's Proposal, dated August 1, 2007, Bid Document No. 07-30B, "School Crossing Guard Services" as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 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. 2.1.2 Contractor shall supervise the work force 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. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written 1 .�.....�....�.... �...------._ .. \Y notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 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 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety 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 and Safety 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. 3.2. 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 from through September 30, 2009. The City reserves the right to renew this agreement for two (2) 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. 5) Contract Sum and Cost Adjustments 5.1 The Contract Sum for the above work is Five Hundred Eighty -Seven Dollars and Ten cents ($ 587.10) per day for crossing guards, or Two Hundred Ninety - Three Dollars and Fifty -Five cents per shift ($293.55); and Fifty -Three Dollars and Seventy -Five cents ($53.75) per day, or Twenty -Six Dollars and Eighty -Eight cents ($26.88) per shift for crossing guard supervisors. �'•?' ........ ..l C1J 7. l'. ) jC. J,✓. P�i� SH....r ,„......................... . ................................. Shift pricing shall be calculated based on an Hourly rate shall be Ten Dollars and Thirty cents per hour ($10.30) per hour for crossing guards, and Ten Dollars and Seventy -Five cents per hour ($10.75) for 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). 5.2 No price increase for the initial contract period will be accepted unless necessitated by an adjustment to the Florida Minimum Wage, or an adjustment 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. The City will allow an annual increase in the hourly rate charged equal only to the difference between the new minimum wage hourly rate as required by law and the previous year's minimum wage hourly rate as required by law. No other increases will be accepted. Additionally, changes in the hourly rate paid to the Contractor will be implemented on the January 1 st following the announced increase and will apply only to those hours worked after January 1st. 5.3 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 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. 5.4 Any request for increase at the time of renewal 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). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Indemnification 7.1 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 ...�...w.�....�........ . ......-- . . . . . . .................................... . ................... .........................,.. \T�; 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. 7.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 7.3 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 & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal cxv:: i. —... ..... -.... ......... a. ..r.1 �Yf�r Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 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 either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Contact for Legal Notice: Action Labor of Florida LLC a/k/a Staffing Connections 900 Osceola Drive, Suite 222 West Palm Beach, FL 33409 Attn: Karen Hoover, Owner, President, CEO Operational Contact Information: Action Labor of Florida LLC�a/k/a Staffing Connections 1280 S. Powerline Road, Suite 22/23 Pompano Beach, FL 33069 Attn: Carole Greenich, Manager (954) 979-8644 12) Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor 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. 12.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, 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) Uncontrollable Forces 13.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 13.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances i :, and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14) 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. 15) 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. 16) 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. 17) 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 non- enforcement 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. 18) 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. 19) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. r F r� 1 j .M 3"• .... f .............. ...................................... ..... . ........................ t \ram._.✓pl IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Owner/President/CEO duly authorized to execute same. CITY OF TAMARAC AV&zdaw- Zm�-�w. Beth Flansbaum-Talabisco, Mayor c— Date ATTEST: Jeffre . Mi ler, City Manager Marion Swenson, CMC Date City Clerk V// 7/c 7 Date GII99:611 N/A Signature of Corporate Secretary None Type/Print Name of Corporate Secy (CORPORATE SEAL) Approve s to form and legal sufficiency: rVt) Ci y Att rney 64 1, Date ACTION LABOR FLORIDA LLC a/k/a STAFFIN ONN CTION Combamf Name Signafre of ( hey/F resident/CEO Karen Hoover Owner/President/CEO Date r. CORPORATE ACKNOWLEDGEMENT STATE OFF COUNTY OF 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, Owner/President/CEO , of Action Labor of Florida LLC a/k/a Staffing Connection, , a Florida 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 , -, G- U 20 immure of Notary Public State of Florida at Large G� ?*"')a U-U _ S 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. Nydia Navas COI MT lion # DD270199 Nov. 25, 2007 '''���f p.r. Aaron Notary 1-800-350-5161