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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-100Temp. Reso. # 6517 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--93- 10O A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A ONE-YEAR CONTRACT WITH ALPHA TEMPORARY SERVICES, INC., FOR THE CROSSING GUARD SERVICES IN THE CITY OF TAMARAC UNDER POMPANO BEACH BID H-38-91; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute a one --year contract with Alpha Temporary Services, Inc., for Crossing Guard Services in the City of Tamarac under Pompano Beach Bid H-38-91, for eleven (11) guards at $5.97 per hour at a yearly cost of $48,292.20, a copy of said contract being attached hereto as "Exhibit 1". SECTION 2: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 91t�hday of ,UGC . , 1993. ATTEST: CAR L A. EVANS CITY CLERK I H Y CERTIF that arr6ro this Re o f //)1 ITPHELL � ITY ATT L. BEN ER MAYOR MAYORMAYORRECORD OF COUNCIL � DIST onas01 MAIgN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN CITY OF TAMARAC AND ALPHA TEMPORARY SERVICES This Agreement is made and entered into this day of 1993, by and between the CITY OF TAMARAC, a duly organized municipality under the laws of the State of Florida (hereinafter referred to as "CITY") and ALPHA TEMPORARY SERVICES as an independent contractor (hereinafter referred to as "CONTRACTOR"). RECITALS WHEREAS, CITY desires to a have school crossing guard services performed at school locations throughout the corporate limits of the City of Tamarac. WHEREAS, CONTRACTOR agrees to perform school crossing guard services for CITY under the terms and conditions set forth in this Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual promises set forth herein, it is agreed by and between CITY and CONTRACTOR as follows: 1. CONTRACTOR agrees to provide SCHOOL CROSSING GUARDS, pursuant to City of Pompano Beach Bid No. H-38-91, opened on November 15, 1991, (attached hereto and made a part hereof as Exhibit "A"). �. 2. The initial contract period will be for one (1) year; however, the CITY reserves the right to extend the contract for up to three (3) one (1) year extensions providing: (a) both parties agree to the extensions; (b) all the terms, conditions, and specifications remain the same; 1 0 (c) such extension is approved by the City of Tamarac, as set forth herein and in the specifications and bid which are attached as Exhibit W. 3. As part of this Agreement the CONTRACTOR shall provide SCHOOL CROSSING GUARDS at the pricing as follows: (a) SCHOOL CROSSING GUARDS per City of Pompano Beach Bid No. H-38-91 at a total cost of $5.97 per hour. This rate shall remain constant unless the Federalminimum wage minimum wagehanges. In plus thirty that event, the hourly rate shall be the seven percent (37%). • (b) The hourly charge for each guard offered and accepted must remain firm throughout the life of the contract, and remain consistent throughout the actual school year. (c) Costs for any subsequent years are subject to an adjustment only if an increase or decrease occurs throughout the local industry as set forth in the specifications of the bid document under Cost Adjustments. (As stated in Exhibit "A"). 4. CITY may cancel the Contract based upon terms and conditions within the bid documents. (As stated in Exhibit "A"). - 5. CONTRACTOR'S obligations and CITY's rights as contained in the bid documents and CONTRACTOR'S bid are made a part of the contract and are binding as if set forth in full herein. (EXHIBIT "A") 6. All insurance policies in a form and amount accepted to the CITY's Risk Manager shall be furnished to the City prior to any service. 7. CONTRACTOR shall give first priority in hiring to current city of Tamarac School Crossing Guards that desire to obtain employment as a crossing guard with CONTRACTOR. 8. CONTRACTOR �hall make every reasonable effort to assign former City of Tamarac guards to the same posts that they were assigned to when employed by the City of Tamarac as crossing guards. K 0 7 �0-/eD0 9. CONTRACTOR shall give prpference to City of Tamarac residents for positions in the City of Tamarac. 10. CONTRACTOR shall provide AR training for both supervisory and non -supervisory school crossing guards. This specific provision is a valid exception to and shall supercede any contrary provision in the Pompano Bid. Documents are attached hereto as Exhibit W. 11. CONTRACTOR shall provide the CITY with the name and telephone number of its contract administrator so that all complaints can be referred to that number. Complaints shall be responded to by vendor within twenty four (24) hours of receipt. CONTRACTOR shall keep a log of all complaints and responses thereto and shall provide same to CITY upon reasonable notice. 12. CONTRACTOR agrees that CONTRACTOR will at all times faithfully, industriously, and to the best of CONTRACTOR'S ability, experience, and talents, perform all the services that may be required of and from CONTRACTOR pursuant to the express and implicit terms of this Agreement, to the reasonable satisfaction of the CITY. 13. The parties intend that an Independent Contractor relationship will be created by this Contract. CITY is interested only in the results to be achieved and the details of the work performed by the CONTRACTOR lie solely with the CONTRACTOR. CONTRACTOR is not considered an agent or employee of the CITY for purposes of this contract. 14. This Agreement contains the complete agreement concerning the CONTRACTOR arrangement between the parties and shall as of the effective date of this Agreement supersede all other agreements between the parties. The parties stipulate that neither of them has made any representation with respect to the subject matter of this Agreement or its execution and duly accept such representations as are specifically set forth in this Agreement. Each of the parties to this Agreement acknowledge that it Hs relied on its own judgment in entering this Agreement. 15. No waiver or modification of this Agreement or any covenant, condition, or limitation contained in this Agreement shall 3 be valid unless in writing and duly executed by the party to be charged. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement or the rights and obligations of the parties unless such waiver or modification is in writing and duly executed. 16. Hours of performance will be three (3) hours per day, per post, as agreed upon by both parties. Any variation shall require the approval of the designated CITY representative. 17. All terms, conditions, and covenants contained in this Agreement are severable and in the event of any of them shall be • held to be invalid by any competent court, this Agreement shall be interpreted as if said invalid terms, conditions or covenants were not contained in this Agreement. 18. CONTRACTOR covenants and agrees not to assign, sell, mortgage, hypothecate, or in any manner transfer this Agreement or interest in the premises nor grant any licenses either voluntarily or by operation of law by any other entity or person without prior written consent of the CITY. 19. CONTRACTOR agrees to comply with all local, state and federal laws, including but not limited to all laws related to the training of school crossing guards. 20. The work to be performed under this contract will be performed entirely at CONTRACTOR'S risk and CONTRACTOR assumes all liability and holds the CITY, its employees, and officers harmless for any activity performed by or under the direction of the CONTRACTOR. CONTRACTOR will carry for the duration of this Contract, insurance in an amount and form acceptable to the Risk Manager, and the CITY shall be named as an additional insured. CONTRACTOR agrees to indemnify and hold CITY, its employees, and officers harmless for any and all liability or loss arising in any way out of the performance of this Contract. CONTRACTOR agrees to provide CITY with certificates evidencing the required coverage's before CONTRACTOR begins work hereunder. CONTRACTOR agrees to release and hold harmless and to defend CITY, its employees and agents from any and all claims, suits for damages of whatsoever kind brought against CITY, its officers, employees, or agents, in which CITY, an officer, employee, or agent is named as a Defendant, 4 11 F- 7 3, 1 010 for any suit, judgment, execution or liability as to any injuries or property damage which are connected with or related to or growing out of this Agreement. Further, CONTRACTOR agrees to indemnify and hold harmless and to pay all costs, judgments and reasonable attorneys fees incurred by CITY, its officers, agents and employees as a result of any act of CONTRACTOR, its agents, servants or employees, in connection with CONTRACTOR's performance under the terms of this Agreement. This provision shall survive beyond the life of the Contract for any claims arising during the life of the Contract. Further, this provision shall supplement any indemnification provision contained in Exhibit "A:. • 21. CONTRACTOR will secure the Pcompensation payment of when required to do so under Florida Statute Chapter 440. 22. This Agreement shall be governed by all United States, Florida, and local laws, regulations, ordinances, or other standards as set by any regulatory agency, including but not limited to, any and all municipal regulations or any other regulations which may govern the CITY OF TAMARAC, as a municipality of the State of Florida. 23. CONTRACTOR is to submit monthly invoices for the work performed, such invoices will specify date of work performed and number of hours worked per day. 24. All notices between the parties hereto shall be in writing and sent certified mail, return receipt requested with copies as follows: As to the CITY: John P. Kelly, City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 With copy to: Mitchell S. Kraft, City Attorney City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 5 As to CONTRACTOR: Alpha Temporary Services, Inc. 1001 W. Cypress Creek Road Ft. Lauderdale, FL 33309 25. Venue shall be in Broward County, Florida, with respect to any and all actions which may be brought now or hereafter in connection with this Agreement. 26. In the event any litigation or other action shall arise from this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs and expenses, including attorneys' fees and all costs and expenses for any court proceeding relative to the disposition of any issues arising under this Agreement. 27. CONTRACTOR agrees that in the performance of this Agreement, that it will not discriminate or permit discrimination in its hiring practices or in the performance of this Agreement against any person on the basis of race, sex, religion, political affiliation, handicap or national origin. 28. CONTRACTOR agrees to secure a performance bond in a form and amount acceptable to the CITY. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: CITY OF TAMARAC through its CITY COUNCIL, signing by and through its Mayor, autho ' ed to executed same by Council action on the . day of 1993, and ALPHA TEMPORARY SERVICES, signing by and through , duly authorized to execute same. CITY OF TA�/,-C By:_ .L BE ER, MAYOR On this 2, Eday of , 1993. s 0 0 0 F/,I 3 "I C)o B ' JOH �P. KELLY, Cl On this (�Ldtay of ATTEST: 7 CAROL A. E ANS, _ CITY CLERK On this ��ay of 1993 APPROVED AS TO FORM AND J.QGAL SUFFICIENCY:.-, MITCHELL S. KR CITY ATTORNEY ATTEST: COPOR ATE SECRETARY (SEAL) On this C.- day of�S-i2 1993. 1993. CITY OF TAMARAC evpRnvFn AT MFFTINr, OF CONTRACTOR: PRESIDENT" N 3 le�t0D --- STATE OF i COUNTPF r .� *^i / � BEFORE ME an ,officer duly authorized to administer oaths, Personally appeared '.� Ihd,_K I to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my hand and 1993. NOTA,^'AU WEAL EARL. W. EECFE7r. NoLary Public PiftSbLil:-ll•1, \1?Er�rt�ny .;OUay My Gomirvs-lion =xoires Aug= 4, 1996 My commission expires: Personally known: Produced Type of Identification produced: I DID take an oath, or C� official seal, this 1 _day of NOTARY PUBLIC PRINT OR TYPE NAME OF NOTARY Identification: DID NOT take an oath. 8 17J /aL) rn Purchasing #92-012 M R N M� 0 A DUM To Roy P. Stype, City Manager Date October 8, 1991 Through: Thomas P. Anderson, CPPO, C.P.§,biect Award Bid H-38-91, General Services D' ectpo r School Crossing From Guard Service Leeta Hardin, PPB_, Purchasing Supervisor C�� Contract Need Back round The City provides coverage, through an outside contractor, for twenty three school crossing locations. The contract for guards is monitored by the Police Department. Attached you will find copies of the Police Department's memorandum, completed Bid Award Recommendation Form, the Bid Tabulation, the Bid document, and the Bidders List for Bid H-38-91, School Crossing Guard Services. Bidders List The Bidders List was created by using companies which have requested their names be placed on the Bid List, and companies who requested a copy of the bid invitation after seeing an announcement. --- Number of bid packages issued 26 --- Number of complete bids received 8 --- Number of late bids 1 --- Number of "no bid" responses 7 --- Number of non --responsive bidders 10 Advertising The Bid was advertised in the a ald, and notices were also sent to BidNet Processing Center, Florida Bid Reporting Service, and the University of West Florida/INFO BID. 0 Funding Expenditures for school crossing guard service will be from account 01-010-532165-2220, Governmental Fund/Other Professional Services/Patrol, at the unit price bid. The estimated annual expenditure as a result of this contract is $98,863.20. R�. ion Award Recommendation After reviewing the bids received with the Police Department it is recommended that a one --year, open-end contract award be made to the low bidder, Alpha Temporary services, Incorporated. Contract period will be one year, from November 15, 1991 to November 14, 1992, with possible renewal as stated in the bid specifications. /lh enclosures E R"" q � ", / P �D POMPANO BEACH POLICE DEPARTMENT POLICE SERVICES SECTION M E M O R A N D U M October 7, 1991 PSS Memo #91-162 TO Leeta Hardin, Purchasing Supervisor FROM B. Matthews, Police Services Section Lieutenant SUBJECT : SCHOOL CROSSING GUARDS We now have twenty three (23) school crossing guard positions in our City. The location of these positions are originally recommended to us by the Broward County School Board Risk Management after they do a study. We normally agree with the recommendation. The purpose of the crossing guards is to assist elementary, and middle school children in crossing streets while enroute to and from school. The guards are trained to provide as much safety for the children as possible. BM/kjb cc: File 11 C� RESPONSE DUE BY: 10 8/91 BID AWARD RECOMENPATION FORM r From: Purchasing Division Leeta Hardin Date:---10/01 Li To: Department _.Police Subject: Bid No. H-38-91 Attn.: Lt.-Bill Matthews ..� Item/service: _School _Crossing Guard Service Attached is the Bid Tabulation for subject item/service requisitioned by your department. Please complete this form in order that proper Presentation and recommendations may be made to the City Commission for its approval, as appropriate. Your response should be typed. This form must be accompanied by a memorandum explaining the item/service to be purchased, what it will be used for, stating that" is either a replacement or an additional item, and any other pertinent inforaation which might be requested by the City Commission. This memo should also contain a detailed justification if you are rejecting a low bidder (see below). 1. ' SOURCE OF FUNDS: Budgeted Code: fj�o-- Title: 0716 e L cS�e��LCe 2. RECOMMENDATION: (a) Which bidder do you recommend? (b) Is the recommended bid the lowest bid received? Yes _— No Signature. Title: Note: If you recommend award to other than the low bidder detailed justification must be furnished -for rejection of all lower bids, in an accompanying memorandum. Date: (Department Head or Author: -.zed R presentative) • 9 r L. r-+ a m al cc C7 � Ca cc C/) v7 � C:+ O m O y� x� L) yD W W,, p " /co H A. t� rJ U � a � w � a � w o •g w N U a x c� x w o W Ln a � .a w z a v] w a o x N Ll H f� C 7 i i . x 7+ Cd � U x W Q i C7 O i G O -,y rV .y C], F 0 m 7 IV MIc I' l,C)o r-� 0 • C� R, 3 ,, / tt)'�D City of Pompano Beach 1190 N.E. 3rd Avenue, Bldg. C jfront) Post Office Drawer 1300 Pompano Beach; Florida 33061 BID H-38-91 - SCHOOL CROSSING GUARD SERVICE May 29, 1991 The City of Pompano Beach is currently soliciting bids for an annual contract for the provision of School Crossing Guard services. Bids will be received until 2:00 p.m. (local) Friday, June 28, 1991 in the Purchasing office at 1190 North East 3rd Avenue, Building C - front, Pompano Beach, Florida. These bids will then be publicly opened at the above time and date in the' presence of City officials. Bid openings are open to the public. All bidders and/or their representatives are invited to be present. Once opened, the bids will be tabulated, evaluated, and presented to the City Commission for award at a regularly scheduled meeting. There are three (3) sections in this bid: Specifications/Special Conditions, General Conditions, and proposal. Please read all sections thoroughly. Complete the bid in accordance with the instructions and return all numbered pages, initialled at the bottom of each page, when you submit your bid package. Failure to do so may result in the rejection of your bid. If you need any additional information regarding this bid, please contact Leeta Hardin, Purchasing Supervisor, at 305/786-4098. SECTION I - SPECIFICATIONS/SPECIAL CONDITIONS A. Intent The intent of this for the provision when needed. bid is to establish an annual contract of School Crossing Guard services, as and Bid H-38-91 Pagf+ 2 of 20 Initial 11 " q �-- I "o B. Contract Period The initial contract period shall be one year, commencing September 1, 1991 and ending August 31, 1992. The contract shall be automatically renewed for a maximum of two (2) one-year periods, unless the General Services Director of.the City of Pompano Beach, or the successful bidder receiving award, shall give notice to the other party of intent not to renew for the second period, which notice must be delivered by certified mail and must be received at least sixty (60) days prior to the end of the initial contract period. All terms, prices and conditions shall remain firm for the initial period of the contract, and any renewal periods. C. Ouantities No warranty or guarantee is given or implied as to the total number of guards that will be required as a result of this contract. The quantities stated in this bid are estimates of annual usage, based upon the City's requirements at the time of bid preparation. Guard services will be requested as needed. D. Basis of Awa d Award will be made to the lowest responsive, responsible bidder. The City reserves the right to make the sole determination of responsiveness/responsibility. Investigation to evaluate bids may include an inspection of a bidder's facilities to determine their capability to perform. E. Indemnification Contractor covenants and agrees that it will indemnify and hold harmless the City and all of the City's officers, agents, and employees from any claim, loss, damage, costs, charge or expense arising out of any act, action, neglect or omission by Contractor during the performance of the contract, whether direct or indirect, and whether to any person or property to which the City or said parties may be subject, except that neither the Contractor nor any or its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence or City or any of its officers, agents or employees. Bid H-38-91 Pae - 2 0-` 2C st7 F. Insurance The Contractor shall not commence operations, construction and/or installation of improvements pursuant to the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Pompano Beach Risk Manager. The following insurance coverage shall be requiried. A. worker's Com a sat'on Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company (number of employees). The Contractor further agrees to be responsible for employment, control and conduct of its employees and for • any injury sustained by such employees in the course of their employment. B. Public Liability Insurance 1) Naming the City of Pompano Beach as an additional insured in connection with the work being done under this contract. U 2) Such public liability insurance shall include the following checked types of insurance and indicated minimum policy limits. Bid H-38-91 Page 3 of 20 Initial I ,,, J 3� 1-11 / 0 V T-nC= OF LIABILITY each Type of Insurance OccuZX2nce Aggregate GENERAL LIABILITY xx comprehensive form premises - operations bodily injury $ 100,000 $ 300,000 — explosion & collapse hazard property damage $ 50,000 $ 50,000 underground hazard products/completed operations hazard bodily injury and xx contractual insurance property damage ___. broad form property combined $ 300,000 $ 300,000 damage • r,- independent contractors x xpersonal injury personal injury ---------------------------------------- $ 300,000 $ 300,000 AUTOMOBILE LIABILITY bodily injury (each person) $ 100,000 $ bodily injury — comprehensive farm ea ac 'de 00 3 000 owned ___. hired o e d s e bodily injury and -50,000 000 — non -owned property damage combined $ 300,000 $ 300,000 -- -------------------------------„--------------- EXCESS LIABILITY bodily injury and umbrella form property damage other than umbrella combined $1,000,000 $1,000,000 -------------------------------------------------------------------- The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage or cancellation. The successful bidder shall furnish to the City the certification or proof of insurance required by the provisions set forth above, within five (5) days after notification of award of contract. • Any questions as to the intent or meaning of,an art of the above required coverage should be directed to Mr. p .Charles Fix, Risk Manager, at (305) 786-4635. pid H--38-91 Page 4 of 20 Initial C� a �.' 1 G. Termination for Cause If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this agreement, or if the Contractor shall violate any of the provisions of this agreement, the City may, upon written notice to the Contractor, terminate the right of the Contractor to'proceed under this agreement or with such part or parts of the agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. The City may withhold any -payments -due to the Contractor for the purpose of setoff until such time as the amount of damages due the City from the Contractor is determined. H. Employee Oualifications The Contractor and any persons employed by him shall never have been convicted of any offense involving moral turpitude. The Contractor shall employ persons -who are neat, clean, well groomed, courteous and at least twenty one (21) years of age. I. 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 daily to the Police Service Section Supervisor. J. InvoicesZPayment The City will accept invoices no more frequently than twice Per month. Each invoice shall be accompanied by a time sheet detailing all employee time logged for the prior two (2) week period. The time sheet must list each guard by name, location, and daily hours worked. Invoices shall be paid completely by the City within twenty (20) days of receipt of the invoice, except for items questioned. The City shall notify the Contractor within fifteen (15) days of receipt of invoice of any items questioned. The Contractor shall prepare verification date for the amount claimed and provide complete cooperation during such investigation of any areas in the invoice subject to question. K. Sellincr, Transferring o n' No contract awarded by the City shall be sold, transferred or assigned without the prior written approval of the City. F3iti T-r-)R-91 F ,f 20 Tr!;-t;, al L 0 L. sca e of the Work 1. It is expected that an average of twenty-one (21) school crossing guards will be required for each school day. However, this is an estimate and the City's Police Services Section Supervisor will keep the Contractor informed as to the exact number of school crossing guards that will be required at ahy one time. Therefore, the Contractor shall be required to provide coverage at the estimated twenty-one (21) school crossings, located within the City limits. The Contractor shall be_flexible and provide guards for the hours needed on the instructions of appropriate City personnel. A minimum of four (4) hours (which will vary slightly with each school) coverage daily at each school will be scheduled as follows: Two (2) hours in the morning at approximately 7:00 a.m. to 9:00 a.m., and two (2) hours in the afternoon at approximately 1:00 p.m. to 3:00 p.m. 2. It shall be the responsibility of the Contractor to ensure that all guards receive proper training. Formal training of all new shall include on an annual (1) Classroom Training (2) Field Training or former crossing guards basis: This formal training will be provided once each year by the City. Any additional training throughout the school year will be the sole responsibility of the Contractor. The Police Services Traffic Supervisor will handle the coordination of all City -provided training. Notice from the Contractor for the requested City training is to be given to the City a working loos prior to requested training class. 3. 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 filed supervisor(s) to ensure that all crossings are properly staffed at all times such staffing is required.by the City. 4. 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 his post. The Contractor shall ensure that the back-up guard is fully trained and familiar with the specific crossing location. B?A H-78-91 ... 6 of 20 init? nO. Is " 7,3 " ( P I'D 5. 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. 6. The City shall provide the Contractor with the following equipment: A hand-held stop sign for•each of the guards, a fluorescent safety vest, and a metal whistle with lanyard for each of the guards. 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. 7. The Contractor shall provide all other equipment that may be required. 8. School Year Schedule: The school year begins in late August and will run until approxii�ately 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. -19p 7 of 20 9 q 3 SECTION II - GEAER.AL CONDITIONS .(©V t 1. Submission and Receipt of -Bids 1.1. Bidders must use the form furnished by the City. 1.2. Bids having any erasures or corrections must be initialed by the bidder in ink. Bid shall be typewritten or filled in with pen and ink. Manual signature must be in ink. 1.3. It will be the sole responsibility of the bidder to have their bid delivered to the Purchasing office before the closing hour and date shown for receipt of bids. 1.4. Bid envelopes are provided with the bid forms. Your bid should be returned in the envelope (with the correct postage affixed if the bid is mailed) and should show the following information: 1.4.1. Your return mailing address in the upper left-hand corner. 1.4.2. Bid Number - write or type -the bid number that appears on the first page of the bid form on the line for it on the front of the envelope. 1.4.3. Bid Items - write or type the title of the bid on line "Sealed bid for: ff. 1.5. If not using the City -provided envelope to mail your bid, or if using a delivery service other than the U.S. Post Office, use the following address: City of Pompano Beach ' Purchasing Division 1190 N.E. 3rd Avenue, Building C (front) P.O. Drawer 1300 Pompano Beach, FL 33061 1.6. Late bids will not be considered and will be returned unopened. 2. Co m letia of id F rms Bidder is to fill in all of the blank spaces on the bid forms and return all numbered pages. Bidder must initial each page at the bottom to indicate he has read and understands the provisions contained on that page. Bid el R3 3. Signature Required All bids must show the company name and -be sign2d by a compahv officer or em a e w s the autbgrity to bind the company or firm by their sighatiar2,S SE_REJECTED. All, manual signatures must be original - no rubber stamp; photocopy, etc. • • - • • 1 1 • • •� • • x 131ENTITY ERIMES •��: MUST BE SIGREQ._--= • . = PAGE • M • . 4. Prices to be Firm • Bidder certifies that prices, terms and conditions in the bid will be firm for acceptance for a period of ninety (90) days from the date of bid opening unless otherwise stated by the City. Bids may not be withdrawn before the expiration of ninety (90) days. Prices shall be firm, with no escalator clauses unless specified by the City., Bids may be withdrawn after ninety (90) days only upon written notification to the City. 5. Extensions If there is an error in extensions, unit prices will prevail. 6. Delivery 6.1. All items are to be bid F.O.B. delivered with freight charges prepaid and included, to designated addresses as specified by the City on it's purchase order(s) or in letter(s) of authorization. 6.2. Bidder must state specific number of calendar days required for delivery of each item bid in appropriate space on the bid pages for consideration of award of this bid. • 6.3. Delivery time will be a factor for any orders placed as a result of this bid. The City reserves the right to cancel such order(s) or any part thereof, without obligation, if delivery is not made within the time(s) specified herein and hold the vendor in default. (See Section 10.) Bir3 T-T-IR-91 �., q3,' I OD 7. Signed Bid Considered an Of ftX: This signed bid is considered an offer on the part of the bidder, which offer shall be considered accepted upon approval by the City Commission of the City of Pompano Beach (if required). The City of Pompano Beach will issue a purchase order or a letter of authorization to the successful bidder, as authorization for delivery of the items awarded subject to requirements of detailed specifications and those contained herein. In the event of default on the part of the bidder after such acceptance, the City may take such action as it deems appropriate including legal action for damages or specific performance. • 8- QUALUty All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality and highest grade workmanship unless otherwise specified in this bid by the City. 9. Brand Names Whenever proprietary names are used, (whether or not followed by the words "or approved equal"), the item(s) will be subject to acceptance anc!/or approval by authorized City personnel, and said personnel will deem it their prerogative to select the item(s) which are lowest bid, item by item, meeting specifications from the information furnished by the bidder with the bid and/or sample inspection or testing of the item(s) called for herein. 10. faul Provision In the event of default by the bidder, the City reserves the right to procure the item(s) bid from other sources and hold the bidder responsible for excess costs incurred as a result. A contractor who defaults on a City contract may be • banned from doing business with the City for a period of 36 months from the date of default. 11. S les Samples, when requested, must be furnished at, or before, bid opening, (unless otherwise specified), and will be delivered at no charge to the City. If not used and/or destroyed in testing, said sample(s) will, at bidder's request, be returned within thirty (30) days of bid award at bidder's expense. If requested by the City, samples and/or inspection of like items are to be made available in the southeast Florida area. Aid TT-?R-91 Page of 20 Tr.? t; al 12. Acceptance of Materials The material delivered as a result of this bid shall remain the property of the seller until a physical inspection and actual usage of the item(s) is made and thereafter deemed acceptable to the satisfaction of the City, in compliance with the terms and specifications contained herein. In the event that the item(s) supplied to the City is/are found to be defective, or does/do not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return the item(s) to the seller at the seller's expense. 13. Manufacturers, Certifications The City reserves the right to obtain separate manufacturer certification of all statements made in the bid. 14. Copyrights and Patent Rights Bidder warrants that there has been no violation'of copyrights or patent rights in manufacturing, producing and/or selling the item(s) ordered or shipped as a result of this bid, and successful bidder agrees to hold the City harmless from any and all liability, loss or expense by any such violation. 15. Laws and Regqlations All applicable laws and regulations of the Federal government, the State of Florida, and ordinances of the City of Pompano Beach will apply to any resulting bid award. 16. Taxes The City of Pompano Beach is exempt from any taxes imposed by the State and Federal government. Exemption certificates will be provided upon request. State sales tax exemption certificate #04-00032-08-16 and Federal exemption tax #59-74-0083K apply and appear on each purchase order. • 17. Conflict of Instructions If a conflict exists between the General Conditions and instructions contained herein, and the Specific Conditions and instructions contained herein, the specifics shall govern. Bid H-38-91 Page 11 of 20 Initial 18. Exceptions_to.SAecifications For purposes of evaluation, bidder must indicate any exception to the specifications, terms, and/or conditions, no matter how minor. This includes any agreement or contract forms supplied by the bidder that are required to be signed by'the City. If exceptions are not stated by the bidder, in his bid, it will be understood that the items)/services fully comply with the specifications, terms and/or conditions stated by the City. Exceptions are to be listed by the bidder on an attachment included with his bid. The City will not determine exceptions based on a review of any attached sales or manufacturer's literature. 19. Warranties Proposals will clearly state any warranties and guarantees against defective materials and workmanship. Al manufactured goods shall maintain the standard manufacturers' warranties. Complete the following for materials/equipment bid: Warrant --Information - Is there a warranty on materials/equipment proposed? YES NO • Does warranty apply to all components or only part? (State explicitly) Warranty period parts ; Warranty period service Nearest source to Pompano Beach for parts & service Who will provide service and where in the event of failure within warranty period? telephone ( ) Will any voluntary service follow installation or delivery? YES No If so, by whom? When? Who is highest authority (manufacturer, distributor, dealer, etc.) full behind this warranty? A copy of complete warranty statement is to be submitted with the bid. Bid N-38-91 0 ( ?3 /CYD 20. Retention of Records and Right to Access ClalMe The successful bidder shall preserve and make available all financial records, supporting documents, statistical . records, and any other documents pertinent to this contract for a period of three (3) years after termination of this contract; or if an audit has been initiated and audit findings have .not been resolved at the end of these three (3) years, the records shall be retained until resolution of audit finding. F 21. Facilities The City reserves the right to inspect the bidder's facilities at any time, without prior notice. • 22. Anti -collusion -Statement By submitting this bid, the bidder affirms that this bid is without previous understanding, agreement, or connection with any person, business, or corporation submitting a bid for the same materials, supplies, or equipment, and that this bid is in all respects fair, and,without collusion or fraud. 23. Testing If, in the event testing by an independent testing laboratory is necessary to determine compliance with specifications, responsibility for payment of testing fees shall reside with the bidder if the product does not pass inspection (does not Meet sAecificati_ons), and with the City if the product does pass inspection (dogM_meet specifications). 24. Indemnification Contractor covenants and agrees that it will indemnify and hold harmless the City and all of the City's officers, agents, and employees from any claim, loss, damage, costs, charge or expense arising out of any act, action, neglect or omission by contractor during the performance of the contract, whether direct, or indirect, and whether to any person or property to which the City of said parties may be subject, except that neither the contractor nor any of its sub -contractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of City or any of its officers, agents, or employees. Bid H-38--91 age 13. of 20 Initial 3' Joo 0 25. Reservation for Rejections and Aw The City reserves the right to accept or reject any or all bids or parts of bids, to waive irregularities and technicalities, and to request re -bids. The City also reserves the right to award the contract on such items the City deems -will best serve the interests of the.City. The City further -reserves the right to award the contract on a "split order" basis, or such combination as shall best serve the interests of the City unless otherwise specified. 26. Inte=retations Any questions concerning the conditions and specifications contained in this bid should be submitted in writing and received by the Purchasing Division no later than five (5) working days prior to the bid opening. The City of Pompano Beach shall not be responsible for oral interpretations given by any City personnel or representative or others. The issuance of a written addendum is the only official method whereby interpretation, clarification or additional information can be given. 27. Failure to Respond If you elect not to bid, please return enclosed "Statement of No Bid" card and state your reason(s). Failure -to respond, either by submitting a bid or a "Statement of No Bid" card, three (3) times., will result in your name being removed from our mailing 'st. 28. B'd Tabulations Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid. Bid results will not be given out by telephone. 29. AssigMent Successful bidder may not assign or transfer this contract, in whole or part, without prior written approval of the city Of Pompano Beach. 30. Conflict of interest For purposes of determining any possible conflict of interest, all bidders must disclose if any City of Pompano Beach employee is also an owner, corporate officer, or employee of their business. Bic? IT -IS -91 r ...,.ye R L7f 20 T-itlal 1) publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform.employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available, drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or Plea of guilty or polo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States of any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory Participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. If bidder's company has a Drug -free Workplace Program, so certify below: `* AS THE PERSON AUTHORIZED To SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Bidder's S gnature Bid H--38-91 Page 3.6 of 20 Initial �..M 0 I o�D Indicate either "Yes” (a City employee is also associated with your business), or "No". If yes, give person(s) name(s) and position(s) with your business. Yes Name(s) and position(s) No (Nate: If answer is "Yes", you must file a statement with the Supervisor of Elections, pursuant to Florida Statutes 112.313.) 0 31. Public Entity Crimes Any person submitting a bid or proposal in response to this invitation must execute the enclosed form Pur. 7068, Sworn Statement Under Section 287.133(A), Florida Statutes,'on Public Entity Crimes, including proper check(s),'in the space(s) provided, and enclose it with the bid/proposal. However, if you have provided the completed form to the submittal address listed in this invitation and it Was received on or after January 1, 1991, the completed form is not required for the balance of this calendar year. 32. Govern'n ocedures This bid is governed by the applicable sections of the City's General Services Procedures Manual. A copy of the manual is available for review at the City Purchasing office. 33. Id nt"cal Tie Bids In accordance with Section 287.087, State of Florida Statutes, preference shall be given to.businesses with Drug -free workplace Programs. Whenever two or more bids which are equal with respect to price, quality, and service are received for the procurement of commodities or contractual service, a bid received from a business that certifies that it has implemented a Drug --free Workplace Program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a Drug -free Workplace Program. In order to have a Drug -free Workplace Program, a business shall: Bid H-38-91 Page 15 of 20 Initial SWORN STATEMENT PURSUANT TO SECTION 297J 3(3)(a) FLOHMA STATES, ON PUBLIC ENTRY CRMM THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADhWgSTER OATHS. 1. This sworn statement is submitted to City of Pam ano Peach , Florida . -- [print name of the pnbiic entity] by [Print individuaPs name and title] for [print name of entity submitting sworn statemcntl whose business address is and (if applicable) its Federal Employer Ideentifcation Number (FEIN.) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: •) Z I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida go&= means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust. fraud, theft, bribery, collusion, racketeering. conspiracy, or marerial misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity'ctime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Flod& SMtupes, means: 1. A predecessor or successor of a person convicted of a public entity crier or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "aMiate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by ont- person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a pemon who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. �. I understand that a "person" as defined in Paragraph 287.133(1)(e), j+ Wda_ Statutes. means any natural person or entity organized- under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transhcts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Bid H-38-91 Page 17 of 20 Initial 0 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate wWch statement appiim] Neither the entity submitting this sworn statement, nor any of its officers, directors, ctecutives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor arty affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1.989. The entity submitting this sworn statement, or one or more of its otIIaen, 4hv xoa, emmoaufves, parnrers, shareholders,. employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, I.989. The entity submitting this sworn statement, or one or more of its officers., directors, emc:ad%es, partners, shareholders, employees, members, or agents who are aalve in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list [attach a copy of the Anal order] I UNDERSTAND THAT THE SUBMISSION OF I FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY MENTIF= IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE GLENDAR YEAR IN WHICH IT IS FMED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EZCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.0t7, FLORIDA E61= FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. COUNTY OF [sigmMMM) (daft) PERSONALLY APPEARED BEFORE ME, the undersigned authority, [name of Individual signing}, who, after seat being sworn by me, affisod his/her signature Win the space provided above on this day of _-_ __ _ 19 My commiion expires: NOTARY PUBLIC Form FUR 7068 (Rev. o4/l0/91) Hid H-38-91 "Page 18 of 20 Tri+.a1 11 -- 9,3,/0,0 SECTION III - PROPOSAL rIIPORTANT! ! ! P MUSTPIMP_ CONSIDERED -PER GENFRAL CONDITION Undersigned Bidder proposes to provide School Crossing Guard service for the City of Pompano Beach in accordance with the specifications contained herein, as follows: Hourly charge for each guard: $ per hour. Successful bidder must secure the required Worker's Compensation insurance coverage, and the required Liability insurance coverage with the City of Pompano Beach named as an additional insured, M and provide proof of these coverages within five (5) days of bid award notification. Answer the following questions (use attachments if necessary): Has your company performed similar contract services in the past? YES NO If yes, please list current/prior contract information below: 1. Description of services rendered: During the month(s)/year(s): 19 Company: Contact person: Address: Phone: 2. Description of services rendered: During the months)/year(s): 19 Company: Contact person: Address: Phone: . 3. Description of services rendered: During the month(s)/year(s): 19 Company: Contact person: Address: Phone: Bid H-38-91 Page 19 of 20 Initial 11 , 9� " lo-D List below at least three (3) business references: 1. Company: Contact person: Address: Phone: 2. Company: Contact person: Address: Phone: 3. Company: Contact person: Address: . Phone: R Name & address of company submitting bid: zip Federal Employer Identification # or Social Security #: Telephone number: ( ) Broward County Occupational License #: expires: City of Pompano Beach Occupational. License #: expires: (*** required if business address is in City) Other: Manual signature of company officer: • Signature (typed or printed): Title of signer: Bid H-38 -91 Wage 20 of 20 Initial 11 CITY OF POMPANO BEACH, FLORIDA BID MAILING LIST BID H-38-91 - SCHOOL CROSSING GUARD SERVICE )'5 - 16 Crossing Guard Service -______________________________________________________._-___-_._________-F_ lia Personnel Services :tn.: Vickie 314 Powerline Rd. -. Lauderdale, FL 33309 :Roberts Protective Agency :tn.: John Gott G10 N. State Road 7, Ste. 103 tuderdale Lakes, FL 33319 • �A Temp Jobs d/b/a Dial -A --Temp :tn.: Peter Walter )0 N. Andrews Ave. Lauderdale, FL 33311 :tion Temps, Inc. :tn.: Laura 500 N.W. 62 Street, Ste. 102 Lauderdale, FL 33309 sramount Personnel Corp. :tn.: Joy Miller 511 W. Commercial Blvd. Z. Lauderdale, FL 33309 _o-Labor 13 N.W. 27th Ave. Lauderdale, FL 33311 Temps .. Melanie Gregory 700 W. Cypress Creek Road, Ste. C103 Lauderdale, FL 33309 _moor Industrial Security :tn.: Bob Engleson 331 N. Federal Hwy., Ste. 203 :. Lauderdale, FL 33308 aerican Automatic Security :tn.: Anthony Fareri )71 W. Commercial Blvd., Ste. 2D Imarac, FL 33319 David Wood Personnel Attn.: Joan Ciferri 4300 N. University Drive Ft. Lauderdale, FL 33351-6243 Labor World Attn.: Toby 850 N.E. Flagler Drive Ft. Lauderdale, FL 33314 Manpower Temporary Services Attn.: Bob Smith One East Broward Blvd. Ft. Lauderdale, FL 33301 Alpha Temporary Services Attn.: Carol Greenich 1001 W. Cypress Creek Rd., Ste. 304 Ft. Lauderdale, FL 33309 Personnel Pool Attn.: Connie 3600 W. Commercial Blvd., Ste. 104 Ft. Lauderdale, FL 33309 Snelling & Snelling Attn.: Yolande Eagle 1860 N. Pine Island Rd., Ste. 201 Plantation, FL 33322 Uniforce Temporary Services Attn.: Eric W. Anders 2987 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Centurion Security 1515 University Drive, Ste. 117 Coral. Springs, FL 33071 Eagle Springs Security 8101 S.W. 4th Place N. Lauderdale, FL 33068 0 all one Security Services 331 N. Federal Hwy. 3kland Park, FL 33308 niversal Security Consultants 323 N. Andrews Ave. ilton Manors, FL 33311 EFFCO, Inc. ttn.: Jae .0. Box 471614 iami, FL 33247 *own Security Academy ttn.: Odis Braun 900 N.W. 27th Ave., Ste. 238 iami, FL 33147 11 The Oliveri Corp. Attn.: Joel Leffler 9750 D W. Sample Rd. Coral Springs, FL 33065 Force One Protection Service 13014 N. Dale Mabry, Ste. 265 Tampa, FL 33618 Delad Security P.O. Box 52-1223 Miami, FL 33152-1223 Atrium Personnel, Inc. Attn.: Scott Rasbach 109 E. Oakland Pk. Blvd. Ft. Lauderdale, FL 33334 R"- �3 " C'O U-Am