HomeMy WebLinkAboutCity of Tamarac Resolution (288)September 17, 2002 - Temp Reso #9916 1
Revision No. 1 — October 1, 2002
■ Revision No. 2 — October 3, 2002
Revision No. 3 -- October 3, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-288
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AMEND RESOLUTION
NO. R-2001-312 AUTHORIZING AN AGREEMENT
BETWEEN THE CITY OF TAMARAC AND ACTION LABOR
OF FLORIDA, LLC (AKA: STAFFING CONNECTION) FOR
SCHOOL CROSSING GUARD SERVICES BY CHANGING
THE EXPIRATION DATE OF OCTOBER 31, 2002, AS
STATED IN RESOLUTION NO. R-2001-312, TO
SEPTEMBER 30, 2003, WHICH IS CONSISTENT WITH THE
EXECUTED CONTRACT'S EXPIRATION DATE (CASE NO.
15-MI-02); PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac requires School Crossing Guard Services to
promote the safety and well being of children walking and bicycling to and from school; and
WHEREAS, the City of Tamarac awarded Bid No. 02-03B and entered into an
Agreement with Action Labor of Florida, LLC (aka: Staffing Connection) on October 24,
2001 via Resolution No. R-2001-312 (attached hereto as Exhibit "1"); and
WHEREAS, Resolution No. 2001-312 identified the term of the contract as a one-
year period commencing on November 1, 2001; and
WHEREAS, Section 1 of the Technical Specifications of said Bid No. 02-03B
(attached hereto as Exhibit "2") and Section 4, "Time of Commencement and Substantial
Completion" of the subsequent Agreement executed on October 24, 2001 (attached hereto
as Exhibit "3") identified the term of the Agreement as an initial period beginning the date of
execution through September 30, 2003; and
September 1, 2002 - Temp Reso #9916 2
Revision No. 1 — October 1, 2002
Revision No. 2 — October 3, 2002
Revision No. 3 — October 3, 2002
WHEREAS, it is deemed necessary to amend the expiration date as set by
Resolution No. R-2001-312 to from October 31, 2002 to September 30, 2003 in order to be
consistent with the executed contract's expiration date; and
WHEREAS, the Director of Community Development and the Purchasing and
Contracts Manager recommend approval; 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 amend Resolution No. R-2001-312 authorizing an agreement
between the City of Tamarac and Action Labor of Florida, LLC (aka: Staffing Connection)
for School Crossing Guard Services by changing the expiration date of October 31, 2002,
as stated in Resolution No. R-2001-312, to September 30, 2003, which is consistent with
the executed contract's expiration date.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
-MalkTA �� �e awe]caIr7e�
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: That the appropriate City Officials are hereby authorized to
amend Resolution No. R-2001-312 authorizing an agreement between the City of Tamarac
and Action Labor of Florida, LLC (aka: Staffing Connection) for school crossing guard
services by changing the expiration date of October 31, 2002, as stated in Resolution No.
R-2001-312, to September 30, 2003, which is consistent with the executed contract's
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September 17, 2002 - Temp Reso #9916 3
Revision No. 1 — October 1, 2002
Revision No. 2 -- October 3, 2002
Revision No. 3 — October 3, 2002
expiration date.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 9t" day of October, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
MITCHELL S. KRAFT
CITY ATTORNEY`
commdev\u.\pats\userdata\wpdata\res\9916reso
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
VIM. PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4.
COMM. ROBERTS
AYE
EXHIBIT ' i
TEMP RESO #9916
H_
October 18, 2001 - Temp Reso #9579 1
Revision No. 1 -- October 19, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO R-2001-312
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO AWARD BID NO. 02-03B
ENTITLED "SCHOOL CROSSING GUARD
SERVICES" AND ACCEPT AND EXECUTE A
CONTRACT WITH ACTION LABOR OF
FLORIDA, LLC (AKA STAFFING
CONNECTION) FOR A ONE (1) YEAR
PERIOD COMMENCING ON NOVEMBER 1,
2001 WITH THE OPTION TO RENEW FOR
TWO (2) ADDITIONAL TWO (2) YEAR
PERIODS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, Florida requires School Crossing Guard Services
to promote the safety and well being of children walking and bicycling to school; and
WHEREAS, the City of Tamarac publicly advertised Bid No. 02-03B for School
Crossing Guard Services in the Sun Sentinel on both September 23 and 30, 2001
(attached hereto as Exhibit 1"); and
WHEREAS, three (3) vendors were solicited and two (2) bids were opened and
reviewed to determine cost and responsiveness to the City's specifications; and
WHEREAS, Action Labor of Florida, LLC (aka Staffing Connection) submitted the
lowest responsive, responsible bid as per the copy of Bid No. 02-03B and Bid tabulation as
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follows, and
October 18, 2001 - Temp Reso #9579 2
Revision No. 1 - October 19, 2001
Action Labor of Florida, LLC
DSI Security Services, Inc.
$7.98/hour
$12.08/hour
WHEREAS, sufficient funds are available in the appropriate operating fund; and
WHEREAS, it is the recommendation of the Director of Community Development
and Purchasing/Contracts Manager to award Bid No. 02-03B entitled "School Crossing
Guard Services" and accept and execute a Contract with Action Labor of Florida, LLC (aka
Staffing Connection) for a one (1) year period commencing on November 1, 2001 and with
the option to renew for two (2) additional two (2) year periods; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to award Bid No. 02-03B entitled "School Crossing Guard
Services" and accept and execute a Contract with Action Labor of Florida, LLC (aka
Staffing Connection) for a one (1) year period commencing on November 1, 2001 and with
the option to renew for two (22) additional two (2) year periods.
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA.
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October 18, 2001 - Temp Reso #9579
Revision No. 1 -- October 19, 2001
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to
award Bid No. 02-03B entitled "School Crossing Guard Services" and accept and execute
a Contract with Action Labor of Florida, LLC (aka Staffing Connection) for a one (1) year
period commencing on November 1, 2001 and with the option to renew for two (2)
additional two (2) year periods, a copy of said Contract (attached hereto as Exhibit "2").
SECTION 3 All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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.qFr`.TIr1N r.
passage and adoption.
October 18, 2001 - Temp Reso #9579 4
Revision No, 1 -- October 19, 2001
This Resolution shall become effective immediately upon its
PASSED, ADOPTED, AND APPROVED this 24" day of October, 2001.
ATTEST:
MARION S NSON, CMG
CITY CLERK
I HEREBY CERTIFY that I
have approved this
commdev\u:\pats\userdata\wppdata\res\9579
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aye,
DIST 1: COMM. PORTNER A t1
DIST 2: COMM. MISHKIN Aye
DIST 3: V/M SULTANOF -Ay!,
DIST 4: COMM. ROBERTS Ave,
EXHIBIT "2"
TEMP REso #9916
City of Tamarac
Finance Department, Purchasing! Division
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724�2450 Facsimile (954) 724-2408
Website: www.taMarac.org
INVITATION TO BID
BID NO. 02-03B
Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac,
Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue,
Tamarac, Florida 33321-2401 until Wednesday, October 10, 2001, 2001 at 2:00 PM, at
which time bids will be publicly opened and announced for:
SCHOOL CROSSING GUARD SERVICES
All bids received after the date and time stated above will be returned unopened to the
Bidder. All Bidders are invited to attend the opening_
The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide school
crossing guard services, as per the conditions and specifications contained in this
document.
One (1) original and two (2) copies of the bid shall be submitted on an official bid form
furnished with the bid package and those submitted otherwise will not be considered
responsive. The submittal shall be plainly marked "Bid No. 02-03B, SCHOOL CROSSING
GUARD SERVICES opening on Wednesday, October 10, 2001 at 2:00 PM" on the
outside of the envelope.
The City reserves the right to accept or reject any or all bids, or any part of any bid, to
waive any informalities, and to award in the best interest of the City of Tamarac.
Bid documents will be available for review and may be obtained from the Purchasing Office
at the above address. For non -technical inquiries, contact the Purchasing Office at (954)
724-2450.
L n a S. Flurry, C/ntracts
Purchasing and C Manager
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TABLE OF CONTENTS
Ir • K o-
INVITATIONTO BID..........................................................................................................
INSTRUCTIONS TO BIDDERS................................................................................................
GENERAL TERMS AND CONDITIONS...................................................................................
3
1. SUBMISSION OF THE BID: .............
3
2. BONDING.................................................................................................................4
3. WITHDRAWAL OF BID .......................... ................
....................................._............4
4. PUBLIC ENTITY CRIMES STATEMENT..................................................................4
5. NON -COLLUSIVE AFFIDAVIT.................................................................................4
6. QUANTITIES .................
7. PRICES, PAYMENTS AND DISCOUNTS.................................................................4
8- DELIVERY ......................
9. BRAND NAMES.......................................................................................................5
10. SAMPLES AND DEMONSTRATIONS............................................................
11. CONDITIONS OF MATERIALS................................................................................5
12. COPYRIGHTS OR PATENT RIGHTS......................................................................
5
13. SAFETY STANDARDS..........................................................
14. PERFORMANCE......................................................................................................5
15, DEFAULT.................................................................................................................
6
16. TERMINATION FOR CONVENIENCE OF CITY.......................................................6
17. ASSIGNMENT..........................................................................................................6
18. EMPLOYEES............................................................................................................6
19. TAXES ..................................................
20. BID PREPARATION EXPENSE.......................................................................
7
21. OMISSION OF DETAILS_, ......... .......
22 INSURANCE REQUIREMENTS ............................................
23. INDEMNIFICATION.....................................................................................
8
24, CLARIFICATION TO TERMS AND CONDITIONS......
............... 8
25. BID TABULATION...................................................................
26. RECORDS/AUDITS,..... ..........
9
TECHNICAL SPECIFICATIONS__ ....................................
ATTACHMENT "A" Bid Form............................................................
................................. ..... 15
ATTACHMENT "B" Non -Collusive Affidavit ...........................................................
..22
ATTACHMENT "C" Certification ...............
ATTACHMENT "D" Bidder's Qualification Statement ...................................
ATTACHMENT "E" References ................................
ATTACHMENT "F" Vendor Drug -Free Workplace ..................................
...................... 27
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INSTRUCTIONS TO BIDDERS
BID NO. 02-03B
It i� the intent of the City to award this bid to the lowest responsible and responsive bidder.
The City reserves the right to accept or reject any or all bids and to waive any informality
concerning the bids when such rejection or waiver is deemed to be in the best interest of
The City of Tamarac. The City reserves the right to award the bid on a split order basis,
lump sum or individual item basis unless otherwise stated.
GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all offers made to the City of Tamarac by all
prospective Bidders including but not limited to Request for Quotes, Request for Bids and
Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in
reference to all offers submitted by prospective bidders.
1. SUBMISSION OF THE BID:
The Bidder is directed to deliver sealed bids to the City's Purchasing Office, City of
Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, on Wednesday, October 10,
2001, no later than 2:00 PM. At this time the bids will be opened, the names of all Bidders
will be announced and all bids shall be a matter of public record. All Bidders and their
representatives are invited to attend. The Bidder must show the bid number, bid name, time
and date of the bid opening on the outside of the sealed bid package. Delivery of the
sealed bids to the City Purchasing Office on or before the above date is solely and strictly
the responsibility of the Bidder. Late bids will be returned unopened to the Bidder.
It is the Bidder's responsibility to read and understand the requirements of this bid. Unless
otherwise specified the Bidder must use the bid form furnished in the bid packet. Bidders
are required to state exactly what they intend to furnish to the City via this Solicitation and
must indicate any variances to the terms, conditions and specifications of this bid, no matter
how slight. If variations are not stated in the bid, it shall be construed that the Bidder's bid
fully complies with all conditions identified in this bid. The Bidder shall submit one (1)
original and two (2) copies (blue forms only) of the bid. The ORIGINAL bid must be
manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the
authority to bind the bidding company or firm by his/her signature. All quotations must be
typewritten or filled in with pen and ink. Bids having erasures or corrections must be initialed
in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm
for acceptance for sixty days from the date of the bid opening unless otherwise stated by
the City.
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2. ROND!NrZ
0 Not applicable for this bid.
3. WITHDRAWAL OF BID
Any Bidder may withdraw its bid prior to the indicated opening time. The request for
withdrawal must be submitted in writing to the City Purchasing Office,
4. PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section
287.017, for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
6. N.ON-COLLUSIVE AFFIDAVIT
Each Contractor shall complete the Non -Collusive Form and shall submit the form with the
Proposal. CITY considers the failure of the Contractor to submit this document to be a
major irregularity and may be cause for rejection of the Proposal.
6. QUANTITIES
Quantities shown are estimates only. No guarantee or warranty is given or implied by the
City as to the total amount that may or may not be purchased from any resulting contract.
The City reserves the right to decrease or increase quantities or add or delete any item
from the contract if it is determined that it best serves the interests of the City.
7. PRICES 1 PAYMENTS AND DISCOUNTS
Bid prices shall be fixed and firm to the extent required under Special Conditions. Payment
will be made only after receipt and acceptance of materials/services. Cash discounts may
be offered for prompt payment; however, such discounts shall not be considered in
determining the lowest net cost for bid evaluation.
Bidders are encouraged to provide prompt payment terms in the space provided on the Bid
Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage
discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is
understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective
on the date that the City receives an accurate invoice or accepts the product, whichever is
the later date. Payment is deemed to be made on the date of the mailing of the check.
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8_ DELIVERY
All items shall be delivered F.O.B. destination
o to a specific City address. All delivery casts
and charges must be included in the bid price. All exceptions shall be noted. Failure to do
so may be cause for rejection of the bid. The City reserves the right to cancel orders or any
part thereof, without obligation if delivery is not made at the time specified in the bid.
9. *, BRAND NAMES
Manufacturers' name, brand name, model number or make is used in these specifications
for the sole purpose of establishing minimum requirements of quality, performance and
design.
10. SAMPLES AND DEMONSTRATIONS
When requested, samples are to be furnished free of charge to the City. If a sample is
requested it must be delivered within seven days of the request unless otherwise stated in
the bid. Each sample must be marked with the bidder's name and manufacture's brand
name. The City will not be responsible for returning samples. The City may request a full
demonstration of any product or service before the award of a contract. All demonstrations
will be done at the expense of the Bidder.
11. CONDITIONS OF MATERIALS
All materials and products supplied b the Bidder in conjunction with t Y 1 his bid shall be new,
warranted for their merchantability, fit for a particular purpose, free from defects and
consistent with industry standards. The products shall be delivered to the City in excellent
condition_ In the event that any of the products supplied to the City are found to be
defective or do not conform to the specifications, the City reserves the right to return the
Product to the Bidder at no cost to the City.
12. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of copyrights or patent rights in
manufacturing, producing or selling the goods shipped or ordered as a result of this bid.
The seller agrees to hold the City harmless from all liability, loss or expense occasioned by
any such violation.
13. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied to the City conforms with all respects to
the standards set forth in the Occupational Safety and Health Act and its amendments to
any industry standards if applicable.
14. PERFORMANCE
Failure on the part of the Bidder to comply with the conditions, terms, specifications and
requirement of the bid shall be just cause for the cancellation of the bid award. The City
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may, ay, by written notice to the Bidder, terminate the contract for failure to perform. The date
of termination shall be stated in the notice. The City shall be the sole judge of
nonperformance.
15. DEFAULT
In the event that the Bidder defaults on the contract or the contract is terminated for cause
due to performance, the City reserves the right to obtain the materials or services from the
next lowest Bidder or other source during the remaining term of the contract. Under this
arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby
and shall apply to any bid bond required.
16. TERMINATION FOR CONVENIENCE OF CITY
Upon seven (7) calendar days written notice delivered by certified mail, return receipt
requested, to the Bidder, the CITY may without cause and without prejudice to any other
right or remedy, terminate the agreement for the CITY's convenience whenever the CITY
determines that such termination is in the best interest of the CITY. Where the agreement is
terminated for the convenience of the CITY the notice of termination to the Bidder must
state that the contract is being terminated for the convenience of the CITY under the
termination clause and the extent of termination. Upon receipt of the notice of termination
for convenience, the Bidder shall promptly discontinue all work at the time and to the extent
indicated on the notice of termination, terminate all outstanding sub --contractors and
purchase orders to the extent that they relate to the terminated portion of the Contract and
refrain from placing further orders and sub -contracts except as they may be necessary, and
complete any continued portions of the work.
17. ASSIGNMENT
The Bidder shall not transfer or assign the performance required by this bid without the prior
written consent of the City. Any award issued pursuant to this bid and monies that may
become due hereunder are not assignable except with prior written approval of the City.
18. EMPLOYEES
Employees of the Bidder shall at all times be under its sole direction and not an employee
or agent of the City. The Bidder shall supply competent and physically capable employees.
The City may require the Bidder to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts
and omissions of all employees working under its directions.
19. TAXES
The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption
certificate will be provided where applicable upon request.
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20. BID PREPARATIO": EXPENSE
The
Bidder preparing a bed in response to this bid shall bear all expenses associated with
its preparation. The Bidder shall prepare a bid with the understanding that no claim for
reimbursement shall be submitted to the City for the expense of bid preparation and/or
presentation.
21 „;, OMISSION OF DETAILS
Omission of any essential details from these specifications will not relieve the Bidder of
supplying such product(s) as specified.
22. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work and services under this Agreement, comply
with all federal, state, and local laws and regulations now in effect, or hereinafter enacted
during the term of this agreement that are applicable to Contractor, its employees, agents,
or subcontractors, if any, with respect to the work and services described herein.
Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount
as required by the City's Risk Manager before beginning work under this Agreement.
Bidder shall maintain such insurance in full force and effect during the life of this
Agreement. Bidder shall provide to the City's Risk Manager certificates of all insurance
required under this section prior to beginning any work under this Agreement. Bidder shall
indemnify and save the City harmless from any damage resulting to it for failure of either
Bidder or any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the
Bidder agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence Aggregate
Commercial General Liability $1,000,000 $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Liability Statutory
The City resen yes the right to require higher limits depending upon the scope of work under
this Agreement.
Neither Bidder nor any subcontractor shall commence work under this contract until they
have obtained all insurance required under this section and have supplied the City with
evidence of such coverage in the form of an insurance certificate and endorsement. The
Bidder will ensure that all subcontractors will comply with the above guidelines and will
maintain the necessary coverages throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be
licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give
the City sixty (60) days notice prior to cancellation.
The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an
"additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of
Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles
and self -insured retentions. The City may require that the Bidder purchase a bond to cover
the full amount of the deductible or self -insured retention. If the Bidder is to provide
professional services under this Agreement, the Bidder must provide the City with evidence
of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence
and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability
insurance.
0 23, INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and
appointed officials and employees from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the Bidder or
his Subcontractors, agents, officers, employees or independent contractors, excepting only
such loss of life, bodily or personal injury, or property damage solely attributable to the
gross negligence or willful misconduct of the City of Tamarac or its elected or appointed
officials and employees.
24. CLARIFICATION TO TERMS AND CONDITIONS
Where there appears to be variances or conflicts between the General Terms and
Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid,
the Special Conditions and/or the Detailed Specifications shall prevail.
The Bidder shall examine all bid documents and shall judge all matters relating to the
adequacy and accuracy of such documents. Any inquires, suggestions, request conceming
clarification or solicitation for additional information shall be submitted in writing to the City
of Tamarac Purchasing and Contract Manager_ The City shall not be responsible for oral
interpretations given by any City employee or its representative.
25. BID TABULATION
Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a
stamped, self-addressed envelope with their bid, or by requesting a tabulation be sent to
their fax machine. Bid results will not be given out by telephone. The City does not notify
unsuccessful bidders of contract awards.
Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received
by an agency pursuant to invitations to bid or requests for proposals are exempt from the
provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as
the agency provides notice of a decision or intended decision pursuant to S. 120. S7(3)(a)
or within 10 days after bid or proposal opening, whichever is earlier.
26. RECORDS/AUDITS
The Contractor shall maintain during the term of the contract all books, reports and records
in accordance with generally accepted accounting practices and standards for records
directly related to this contract. The form of all records and reports shall be subject to the
approval of the City's Auditor. The Contractor agrees to make available to the City's
Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all
books of account, reports and records relating to this contract for the duration of the
contract and retain them for a minimum period of one (1) year beyond the last day or the
contract term_
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TECHNICAL SPECIFICATIONS
BID No 02-03B
SCHOOL CROSSING GUARD SERVICES
1. PURPOSE OF BID: To establish a contract for the provision of School Crossing
Guard Service as and when needed. The company awarded this contract will be
responsible for providing crossing guards at locations specified by the City, shall be
completely responsible for the supervision of such personnel in accordance with
contract specifications, terms and conditions, and shall exercise exclusive control over
persons employed to fulfill these contract requirements.
To obtain School Crossing Guard Services for an initial period from approximately
November 1, 2001 through September 30, 2003. The City reserves the right to renew this
agreement for two (2) additional two (2) year periods subject to the vendors acceptance,
satisfactory performance and determination that renewal will be in the best interest of the
City. All prices, terms and conditions shall remain firm for the initial period of the contract
and for any renewal period.
The City of Tamarac also reserves the right to terminate this Agreement for any reason or
no reason.
2. REQUIREMENTS: Bidders must satisfy the following minimum requirements to be
considered responsive.
A. SCHEDULING
It is expected that twenty (20) school crossing guards will be required for
each school day. However, this is an estimate and the Housing and Code
Enforcement Manager will keep the Contractor informed as to the exact
number of school crossing guards that will be required at any one time. The
Contractor shall be required to provide coverage at the twelve school
crossings, located within the City limits. (See Page 13 for list of locations)
The Contractor shall be flexible and provide guards for the hours and
locations needed on the instructions of appropriate City personnel_ A
minimum of three (3) hours (which will vary slightly with each school)
coverage daily at each school will be scheduled as follows:
See attached schedule on page 13
B. TRAINING AND CERTIFICATION
It shall be the responsibility of the Contractor to ensure that all guards
receive proper training and certification prior to occupying their posts.
Certification of all guards must be recognized by the State of Florida
10
Department of Transportation. In addition, the Contractor must be able to
comply with Section 234,302, Florida Statutes, the "Ramon Turnquest
School Crossing Guard Act", by having crossing guard trainers, certified
by the Florida Department of Transportation, ensure that all persons
employed as crossing guards receive proper training and certification as
required by law.
The City of Tamarac shall not be liable for any costs incurred to meet the
above requirements.
Any required additional training throughout the year will be the sole
responsibility of the Contractor.
Proof of certification shall be required for each crossing guard prior to the
beginning of each school year.
The Contractor shall provide proof that all crossing guards have
successfully passed a criminal background check.
C. DAILY FIELD SUPERVISION
The Contractor shall provide an experienced field supervisor(s)
overseeing the operations at all times the guards are on duty. It will be
the responsibility of the field supervisor(s) to ensure that all crossings are
properly staffed at all times such staffing is required by the City.
D. GUARD BACK UP
The Contractor shall provide each working guard with the name and
telephone number of a back-up in case the working guard cannot be at
their assigned post. The Contractor shall ensure that the back-up guard is
fully trained and familiar with the specific crossing location.
E. TWENTY-FOUR (24) HOUR ANSWERING SERVICE
The Contractor shall provide for his employees a 24-hour answering
service. During non -working hours when the field supervision is not on
duty a working guard shall, in the event that he cannot be at his assigned
post, first contact his back-up and then contact the service. This service
will then contact the Contractor who will in turn confirm that the back-up
guard will be on duty at his assigned crossing.
F. EQUIPMENT
The City shall provide the Contractor with the following equipment: A
hand-held stop sign for each of the guards. Contractor shall provide any
11
11
other protective wear that is required. All equipment shall be returned to
the City upon termination of the agreement, in the same condition as it
was when originally provided, excluding normal wear and tear. Any
required replacement of lost or damaged equipment shall be the
responsibility of the Contractor.
The Contractor shall provide all other equipment that may be required.
G. SCHOOL YEAR SCHEDULE
The school year begins in late August and will run until approximately the
middle of June, with appropriate holidays and teacher work days that do
not require coverage. In addition to the regular school year, summer
school at all schools usually begins around the first of July and lasts for
approximately six (6) weeks. The City will inform the Contractor of the
specific dates when they are made available.
H. DAILY TIME SHEETS
A daily time sheet will be maintained by the Contractor with the signature of
the employee on each work shift and the location of their guard post. This log
will be delivered by the Contractor weekly to the Code Enforcement
Manager,
3. Cost Adjustment Bidders must include the impact of current and proposed
Federal Minimum Wage increases in their bid price. No price increase for the initial
contract period will be accepted unless due to Federal Minimum Wage changes.
Costs for any renewal term are subject to an adjustment only if an increase or
decrease occurs throughout the local industry. The City will use changes in the
Federal Minimum Wage and the Consumer Price Index (CPI) (United States All
Urban Consumers), as published by the Bureau of Labor Statistics of the U.S.
Department of Labor, and documented payroll figures provided by the Contractor in
any adjustment review. Such adjustment, if approved, may not exceed 5%.
Any increase or decrease must be documented and submitted in writing to the City
at least one hundred twenty (120) days prior to the contract anniversary date. The
City may, after examination, refuse to accept the adjusted costs if they are not
properly documented or are considered by the City to be excessive. In the event
that the City determines that the costs as submitted are not properly documented or
are excessive, and the matter cannot be resolved to the satisfaction of the City, the
contract will not be renewed for the additional optional renewal period(s).
12
•
4
SCHOOL CROSSING GUARD
LOCATIONS AND TIMES
Schools
�� Guard Locations
Times
Pinewood Elementary
Bailey Road/NW 81 Avenue
7:00 AM - 8:00 AM &
2:00 PM - 3:00 PM
Tamarac Elementary
NW 75 Street/NW 80 Avenue
8:00 AM - 9:00 AM &
3:00 PM - 4:00 PM
NW 76 Street/NW 75 Avenue
8:00 AM - 9:00 AM &
3:00 PM - 4:00 PM
_rW
_
77 Street/NW 75 Avenue
$:00 AM - 9:00 AM &
3:00 PM - 4:00 PM
NW 77 Street/Pine Island Road
8:00 AM - 9:00 AM &
3:00P_M-4:p0PM
NW 78 Street/NW 78 Avenue
III
3:00 PM - 4:00 PM
i + NW 79 Street/NW 75 Avenue
8:00 AM - 9:p0 AM &
3:00 PM - 4:00 PM_
NW 79 Street/NW 70 Avenue
8.00 AM - 9:00 AM &
3:00 PM - 4:00 PM
NW 82 Street/NW 74 Terrace
8:00 AM - 9:00 AM &
3:00 PM - 4:00 PM
Lagos DeCampos Blvd./McNab Rd.
8:00 AM - 9:00 AM &
3:00 PM -- 4:00 PM
2 guards required
7601 N. University Drive/Overpass
8.00 AM - 9:00 AM &
3:00 PM - 4:00 PM
WESTPINE MIDDLE SCHOOL Pine Island/Commercial Blvd.
B:OQ AM - 9:00 AM &
3:00 PM - 4.00 PM
ELEMENTARY SCHOOL F-91
_
(August 2001) I
Pine Island/Commercial Blvd.
8:00 AM - 9:00 AM &
_ 5700 NW 94 Avenue
3;00 PM - 4:00 PM
8:00 AM - 9:00 AM &3:Dp PM - 4:00 PM
__.. __.... _....... ..._.!
3 guards required
McNab Road/Nob Hill Road
2 guards required
NW 94 Avenue/Commercial Blvd,
8:00 AM - 9:00 AM &
3:00 PM - 4:00 PM
ELEMENTARY SCHOOL' '
(January 2002) i
State Road 7/Commercial
8:00 AM - 9:00 AM &
3925 N. SR7, Laud. Lakes
3:00 PM - 4:00 PM
•
13
EXHIBIT "Y
•
TEMP RESO #9916
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
`' ACTION LABOR OF FLORIDA, LLC (A.K.A. STAFFING CONNECTION)
THIS AGREEMENT is made and entered into this day of ! C , 2001 by
and between the City of Tamarac, a municipal corporation with principal offices located
at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Action Labor of Florida,
LLC (A.K.A. Staffing Connection), a Nevada corporation with principal offices located at
900 Osceola Drive, Suite 222, West Palm Beach, FL 33409 (the "Contractor") to
provide for school crossing guard services.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The contract documents consist of this Agreement, conditions of the contract
(General, Supplementary and other Conditions), drawings, specifications, all addenda
issued prior to, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement if
attached to this Agreement or repeated therein.
2) The Work
The contractor shall perform all work for the City required by the contract documents
as set forth below:
a) Contractor shall furnish all labor, materials, and equipment necessary to perform school
crossing guard services pursuant to Bid No. 02-03B "School Crossing Guard Services".
b) Contractor shall supervise the 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.
10 1
0
c:) All equipment must be stored in a safe manner when not in operation. The City shall
not be responsible for damage to any equipment or personal injuries caused by the
Contractor's failure to safely store equipment.
d) Contractor shall comply with any and all Federal, State, and local laws and regulations
now in effect, or hereinafter enacted during the term of this Agreement, which are
applicable to the Contractor, its employees, agents or subcontractors, if any, with
respect to the work and services described herein.
3) Insurance
Contractor shall obtain at Contractor's expense all necessary insurance in such form
and amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City, including Professional Liability
when appropriate. Contractor shall maintain such insurance in full force and effect during
the life of this Agreement. 'Contractor shall provide to the City's Risk Manager certificates
of all insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance. Contractor's
Liability Insurance policies shall be endorsed to add the City as an additional insured.
Contractor shall be responsible for payment of all deductibles and self-insurance retentions
on Contractor's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The term of this Agreement shall be for an initial period beginning on date of execution
through September 30, 2003. The City reserves the right to renew this agreement for two
(2) additional two (2) year periods subject to the vendors acceptance, satisfactory
performance and determination that renewal will be in the best interest of the City. All
prices, terms and conditions shall remain firm for the initial period of the contract and for
any renewal period.
5) Contract Sum
The Contract Sum for the above work is $7.98 per hour per school crossing guard.
0 6) Payments
Contractor shall perform the services described in Paragraph 2 and upon satisfactory
performance of said services and City's acceptance of an itemized invoice, the City shall
pay Contractor as specified in Paragraph 5. Payment shall be made within thirty (30) days
after. the City's receipt and approval of Contractor's statement of services and costs,
prepared in such form and detail as the City may specify. Consultant shall not incur costs
for performance of services under this Agreement in excess of said amount without the
prior written authorization of the City Manager or designee.
7) Indemnification
The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or independent contractors,
excepting only such loss of life, bodily or personal injury, or property damage solely
attributable to the gross negligence or willful misconduct of the City or its elected or
appointed officials and employees. The above provisions shall survive the termination of
this Agreement and shall pertain to any occurrence during the term of this Agreement,
even though the claim may be made after the termination hereof.
Nothing contained herein is intended nor shall be construed to waive City's rights
and immunities under the common law or Florida Statutes 768.28, as amended from time
to time.
8) Non -Discrimination
The Contractor agrees that it shall not discriminate against any of its employees or
applicants for employment because of their age, handicap, race, color, religion, sex, or
national origin, and to abide by all federal and State laws regarding non-discrimination.
The Contractor further agrees to insert the foregoing provisions in all subcontracts
hereunder except subcontracts for standard commercial supplies or raw materials. Any
violation of such provisions shall constitute a material breach of this Agreement.
9) Independent Contractor
Contractor is an independent contractor under this Agreement. Personal services
provided by the Contractor shall be by employees of the Contractor and subject to
supervision by the Contractor, and not as officers, employees, or agents of the City.
Personnel policies, tax responsibilities, social security and health insurance, employee
3
benefits, purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the Contractor.
10) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
11) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice, sent by registered United States mail,
with return receipt requested, addressed to the party for whom it is intended at the
following addresses.
x\I
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
Karen Hoover, President
Action Labor of Florida, LLC
A.K.A. Staffing Connection
900 Osceola Drive, Suite 222
West Palm Beach, Florida 33409
12) Termination
This Agreement may be terminated by City or Contractor for cause or by the City for
convenience, upon thirty (30) days of written notice by the terminating party to the other
party for such termination in which event the Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to this termination.
Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City should the Contractor neglect or fail
to perform or observe any of the terms, provisions, conditions, or requirements herein
contained, if such neglect or failure shall continue for a period of thirty (30) days after
receipt by Contractor of written notice of such neglect or failure.
13) `Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
14) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
15) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this Agreement.
16) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The nonenforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
17) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the
City, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Contractor and the City.
. IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC , through its Mayor and
Action Labor of Florida, LLC (A.K.A. Staffing Connection), signing by and through its
President, duly authorized to execute same.
•
ATTEST:
Marion Swen n, CIVIC
City Clerk l
Date: laL., y/ /
ATTEST:
(Corp rate Secretary
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TAMARAC
J Schreiber, Mayor
Date:
—Jeff re k1ler, City Manager
Date: �' , - / , "-'c'C' r
Sied as nand le
S ffi enc4: /
hell S. KMff, W Attorney
ACTION LABQR OF FLORIDA, LLC
(A.K.A. ST FING CONNECTION)
�-
(Name of President)
Type/Print Name of President
Date:
CORPORATE ACKNOWLEDGEMENT
R ORATE
STATE OF
COUNTY OF
b
The foregoing instrument was acknowledged before me this �_ day of
20 o A by - (name of officer
or agent, title of officer or agent) of AC.",s, N a< Jt[]t ;t_ a-�- (name of
corporation acknowledging), a gv t-, (state or place of
incorporation) corporation, on behalf of the corporation,SHe i ersonally nown to me
(type of identification) as identification and did (did not)
take an oath.
Signature of Notary Public -- State of
Florida
Print, Type or Stamp Name of Notary
Public
��� N,1S510N� •• ���.
4, 200� °
C�Pgc G
=z : MCC823aW
7
CERTIFIED RESOLUTION
1I, D (Name), the duly elected Secretary of
U i,'1 �� 0 NC -,(Corporate, Title), a corporation organized and existing under
. the laws of the State of do hereby certify that the
following Resolution was unanimously adopted and passed by a quorum of the Board
of Directors of the said corporation at a meeting held in accordance with law and the
by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT n,jA00J&a_ (Name)",
the duly elected (Title of Officer) of
A� ? , ,Q �� _V__a;a 11, C (Corporate Title) be and is hereby authorized to
execute and submit a Bid 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.
•
0
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 claim,
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 kieen
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
N R
CGp
(7�::-A wAq- Gil' ,
Given under my hand and the Seal of the said corporation th
-� 2, E 12 , 20 o \ .
(SEAL)
day of
Secretary
UorPorate Title
N ?Ti;:
The above is a suggested form of the type of Corporate Resolution desired. Such
fnrrn 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.
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