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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 1 1 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 L� 1 follows, and October 18, 2001 - Temp Reso #9579 2 Revision No. 1 - October 19, 2001 Action Labor of Florida, LLC DSI Security Services, Inc. $7.98/hour $12.08/hour WHEREAS, sufficient funds are available in the appropriate operating fund; and WHEREAS, it is the recommendation of the Director of Community Development and Purchasing/Contracts Manager to award Bid No. 02-03B entitled "School Crossing Guard Services" and accept and execute a Contract with Action Labor of Florida, LLC (aka Staffing Connection) for a one (1) year period commencing on November 1, 2001 and with the option to renew for two (2) additional two (2) year periods; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to award Bid No. 02-03B entitled "School Crossing Guard Services" and accept and execute a Contract with Action Labor of Florida, LLC (aka Staffing Connection) for a one (1) year period commencing on November 1, 2001 and with the option to renew for two (22) additional two (2) year periods. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA. �l 1 1 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. f 1 .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 2 �.J 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 • 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. 3 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. 4 ■ 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 c r-7 IL- -A 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. 6 ■ 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_ 0 TECHNICAL SPECIFICATIONS BID No 02-03B SCHOOL CROSSING GUARD SERVICES 1. PURPOSE OF BID: To establish a contract for the provision of School Crossing Guard Service as and when needed. The company awarded this contract will be responsible for providing crossing guards at locations specified by the City, shall be completely responsible for the supervision of such personnel in accordance with contract specifications, terms and conditions, and shall exercise exclusive control over persons employed to fulfill these contract requirements. To obtain School Crossing Guard Services for an initial period from approximately November 1, 2001 through September 30, 2003. The City reserves the right to renew this agreement for two (2) additional two (2) year periods subject to the vendors acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. All prices, terms and conditions shall remain firm for the initial period of the contract and for any renewal period. The City of Tamarac also reserves the right to terminate this Agreement for any reason or no reason. 2. REQUIREMENTS: Bidders must satisfy the following minimum requirements to be considered responsive. 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. Page 1 of 1