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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-062 Temp Reso #13300 June 12, 2019 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019- (2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC AUTHORIZING THE AWARD OF REQUEST FOR PROPOSAL NO. 19-23R ENTITLED "SCHOOL CROSSING GUARD SERVICES" TO WATERFIELD STAFFING FLORIDA, LLC, D/B/A ACTION LABOR, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WATERFIELD STAFFING FLORIDA, LLC, D/B/A ACTION LABOR FOR A PERIOD COMMENCING SEPTEMBER 1, 2019 THROUGH AUGUST 31, 2021 WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2)YEAR PERIODS, ON BEHALF OF THE CITY OF TAMARAC AND MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE, INCLUDING THE CITY OF CORAL SPRINGS, THE CITY OF NORTH LAUDERDALE AND THE CITY OF SUNRISE; AUTHORIZING THE CITY MANAGER TO APPROVE PRICE ADJUSTMENTS IN ACCORDANCE WITH THE PROVISIONS OF THE AGREEMENT AND TO APPROVE AND ACCEPT RENEWAL OPTIONS; 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 entered into an agreement with Action Labor of Florida LLC, a/k/a Staffing Connection executed on September 1, 2013, via Resolution No. R-2013-76, for a two (2)year period with the option to renew for two(2) additional two (2)year periods, Temp Reso #13300 June 12, 2019 Page 2 a copy of said Resolution and Agreement are on file with the City Clerk; and WHEREAS, there are no further renewal options available to the City under this Agreement; and WHEREAS, the City has partnered with other cities including the City of Coral Springs, the City of Sunrise and the City of North Lauderdale through the Southeast Florida Governmental Purchasing Cooperative, of which the City is a member in good standing,to combine our needs for Crossing Guard Services; and WHEREAS, the City issued and formally advertised Request for Proposal#19-23R on May 6, 2019; and WHEREAS,the City received three(3) Proposal responses from Waterfield Staffing, Florida LLC, d/b/a Action Labor LLC, American Guard Services, LLC, and Kemp International Group on May 29, 2019; and WHEREAS, an Evaluation Committee consisting of the Tamarac Code Compliance Manager, the City of Coral Springs Purchasing Agent II, the City of North Lauderdale Controller, and the City of Sunrise Purchasing Specialist, facilitated by the City of Tamarac Purchasing and Contracts Manager; and Temp Reso #13300 June 12, 2019 Page 3 WHEREAS, the Evaluation Committee evaluated and ranked each firm, and determined that the proposal submitted by Waterfield Staffing Florida, LLC, d/b/a Action Labor, provided the most advantageous and cost-effective proposal for the City, a copy of such proposal is included herein as Exhibit "1"; and WHEREAS, the following matrix provides a synopsis of the Evaluation Committee scores; Proposer Final Total Score Waterfield Staffing, Florida,LLC, d/b/a 385 points Action Labor Kemp International, LLC 334.04 points American Guard Services, Inc. 292.68 points and WHEREAS a more detailed scoring matrix is included herein as Exhibit "2"; and WHEREAS Waterfield Staffing, Florida, LLC, d/b/a Action Labor has provided for a rate of$11.52 per hour for crossing guards; and WHEREAS, the Agreement provides a provision to adjust costs in the event of an increase in the U.S. Minimum Wage or the State of Florida Minimum Wage; and Temp Reso #13300 June 12, 2019 Page 4 WHEREAS, funding is available in the General Fund for said purposes; and WHEREAS, the Director of Community Development and the Purchasing and Contracts Manager recommend approval of the award of RFP#19-23R, and execution of an Agreement between the City of Tamarac and Waterfield Staffing, Florida, LLC, d/b/a Action Labor effective September 1, 2019 through August 31, 2021 with up to two (2)two (2) year renewal options, such Agreement is included herein as Exhibit "3"; 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 award RFP #19- 23R to Waterfield Staffing, Florida, LLC, d/b/a Action Labor, and to authorize the appropriate city officials to approve and execute the Agreement between the City of Tamarac and Waterfield Staffing, Florida, LLC, d/b/a Action Labor, for school crossing guard services effective September 1, 2019 through August 31, 2021 with up to two(2)two (2) year renewal options; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp Reso #13300 June 12, 2019 Page 5 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 upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission of the City of Tamarac hereby awards RFP#19- 23R for Crossing Guard Services to Waterfield Staffing Florida, LLC, d/b/a Action Labor, and authorizes the appropriate City Officials to approve and execute the Agreement between the City of Tamarac and Waterfield Staffing, Florida, LLC, d/b/a Action Labor, attached hereto as Exhibit"3"which is attached hereto and incorporated herein and made a specific part hereof. SECTION 3: The City Manager furthermore is hereby authorized to approve price adjustments in accordance with the provisions of the Agreement, and to approve and accept renewal options and escalation requests pursuant to the requirements of the Agreement, attached hereto as Exhibit "3". SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Temp Reso #13300 June 12, 2019 Page 6 Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this %) day of , 2019. /, ,Il''.( MIC ELLE J. GOMEZ f MAYOR ATTEST: r P R CIA TEUFEL, Cr CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON c %' DIST 2: COMM. GELIN yi.,.,e, DIST 3: COMM. FISHMAN f.7l- .� w-. _. DIST 4: V/M PLACKO zz,- I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM Y'r SAMU L S. GO1 EI 1�� CITY ATTORNEY v TR 13300 -- Exhibit 1 19-23R - School Crossing Guard Services Opening Date:May 6,2019 5:45 PM Closing Date: May 29,2019 3:00 PM Vendor Details Company Name: Waterfield Florida Staffing,LLC Does your company conduct business under any other name?If yes,please D/B/A Action Labor of Florida D/B/A Staffing Connection state: 6555 N.Powerline Road,Suite 306 Address: Fort Lauderdale, Florida 33309 Contact: Sharron Cook Email: scook@actionlabor.com Phone: 954-776-3444 Fax: 954-776-8476 HST#: 824558588 Submission Details Created On: Tuesday May 14,2019 14:18:06 Submitted On: Tuesday May 28,2019 16:00:50 Submitted By: Sharron Cook Email: scook@actionlabor.com Transaction#: faac8542-8070-428b-a0b5-ed18c1f13ed1 Submitter's IP Address: 173.221.251.26 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices,and/or lump sums, hereinafter stated. •Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner. If the line item and/or table is"NON-MANDATORY'and you are not bidding on it,leave the table and/or line item blank.Do not enter a$0.00 dollar value. All funds are to be submitted in USD currency. Pricing Table Line City and Hours Worked Number of Posts Number of Daily Hours cost Per Hour' Daily Cost Total ' Est..Annual School Days Est Annual Total Cost-' Rem Per Shift Worked- In Year 1 Coral Springs Guard- 26 52 $11.5200 $599.04 240 $143,769.60 2 hour shift 2 Coral Springs Guard— 50 150 $11.5200 $1,728.00 240 $414,720.00 3 hour shift _ 3 Coral Springs 3 18 $11.5200 $207.36 240 $49,766.40 Supervisor(s)—6 hour shift 4 North Lauderdale 34 102 $11.5200 $1,175.04 240 $282,009.60 Guard—3 hour shift 5 North Lauderdale 16 80 $11.5200 $921.60 240 $221,184.00 Guard-5 hour shift _ 6 North Lauderdale 2 12 $11.5200 $138.24 240 $33,177.60 Supervisor(s)—6 hour shift ' 7 Sunrise Guard-2 hour 5 10 $11.5200 $115.20 240 $27,648.00 shift 8 Sunrise Guard—3 34 102 $11.5200 $1,175.04 240 $282,009.60 hour shift 9 Sunrise Guard — 5 15 75 $11.5200 $864.00 240 $207,360.00 hour shift 10 Sunrise Supervisor(s)— 3 18 $11.5200 $207.36 240 $49,766.40 6 hour shift 11 Tamarac Guard--3 27 81 $11.5200 $933.12 240 $223,948.80 hour shift 12 Tamarac Supervisor(s)- 1 6 $11.5200 $69.12 240 $16,588.80' -6 hour shift Subtotal: $1,960,081.92 Summary Table Bid Form Amount Pricing Table $1,960,081.92 Subtotal Contract Amount: $1,960,081.92 Bid Questions TERMS' %(percent discount,if any,if payment made within DAYS',otherwise,terms are NET 30 0 days. Specifications BIDDER'S QUALIFICATION STATEMENT R vendor is Have you Have you operating ever been ever under debarred or Are you a received a Fictitious Are you Are you Has your Sales contractor a Under what former suspended How many years ha your organization Name, Certified?If Licensed?If company RePresentatl purchase name(s)has your from doing Line submit Yes,attach Yes,attach ever If Yea* ve of the order from been In business under Its present business operated?Also Eent explain:'tion Licenseto batcy?. bid amarac or with Florida to Package" Package' Fictitious a If upon?• l entity? other Yes, goysrnment Name al entity?* Statute: Explain' 1 20 n/a ACTION LABOR OF NO r Yes r Yes r Yes WA None of the t:Yes FLORIDA r No r- No r: No Above C No Scrutinized Companies and Boycott of Israel I certify that my company will not: 1. Participate in a boycott of Israel;and 2. Is not on the Scrutinized Companies that Boycott Israel List;and 3. Is not on the Scrutinized Companies with Activities in Sudan List;and 4. Is not on the.Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to fiorida Statute§ 287.135.Section 287.135,Florida Statutes,prohibits the City from: 1)Contracting with companies for goods or services in any amount if at the time of bidding on,submitting a proposal for,or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,F.S.or is engaged in a boycott of Israel;and 2)Contracting with companies,for goods or services over$1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list,created pursuant to s.215.473,or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor,I hereby certify that the company identified above in the section entitled"Contractor Name"does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List,is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List,and is not engaged in business operations in Syria.I understand that pursuant to section 287.135,Florida Statutes,the submission of a false certification may subject the company to civil penalties,attomey's fees, and/or costs.I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed oin the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I Hereby Acknowledge the Scrutinized.Companies--287.135 and 215.473 Information Below and Will Abide by Everything Outlined in this Section* a Yes r No By execution of this Agreement,Contractor certifies that the Contractor is not participating in a boycott of Israel.The Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has the Contractor been engaged in business operations in Cuba or Syria.Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination concerning the false certification.The Contractor shall have five(5)days from receipt of notice to refute the false certification allegation.If such false certification is discovered during the active contract term,the Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. VENDOR DRUG-FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087,Florida Statutes.This requirement affects all public entities of the State and becomes effective January 1,1991.The special condition is as follows: IDENTICAL TIE BIDS-Preference may be given to businesses with drug-free workplace programs.Whenever two or more bids that are equal with respect to price,quality,and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program.In order to have a drug-free workplace program,a business shall: 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. 1. 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. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 3. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or nolo contendere to,any violation of chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after each conviction. 4. Impose a section 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. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.As the person authorized to sign the statement,I certify that this form complies fully with the above requirements. I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything Outlined in this Section* O Yes ... r No CERTIFICATION We(I),the undersigned,hereby agree to furnish the item(s)/service(s)described in the Invitation to Bid.We(I)certify that we(I)have read the entire document,including the Specifications, Additional Requirements,Supplemental Attachments,Instructions to Bidders,Terms and Conditions,and any addenda issued.We agree to comply with all of the requirements of the entire Invitation to Bid. Indicate which type of Contractor's Federal Tax ID Email address organization* Company Name* Address* Telephone* City* State* ZIP* Licensefor above Number* Number* signer* CORPORATION Waterfeld Florida 6555 N. 9547763444 Fort lauderdale Florida 33309 n/a 824558588 stook@actionla Staffing,llc Powerline bor.com D/B/A Action Labor Road, #306 and Staffing Connection PROPOSER'S QUALIFICATION STATEMENT-1 Have you ever Are you Have you ever been debarred Certified in' received-a or suspended compliance contract ore Under what former name(s) Has your from doing with Florida purchase Line The Correct Name of The Proposer The Address of the Principal has your business operated? company ever If Yes, business with Stautee?If order from the Item la: Place of Business Is:" Also List former address(ea) declared explain: any Yes,attach City of Tamarac of that business(If any),` bankruptcy/ ' or other governmental copy of entity?if Yes, Certification to governmental Explain' Package' entity?' 1 Waterfield Florida Staffing, LLC 624 Nottingham Blvd. Action Labor of Flonda No f•Yes r Yes N/A r Yes West Palm Beach, FL 33405 r No (0 No r No PROPOSER'S QUALIFICATION STATEMENT-CONTINUED 2 It Offeror is operating How many If Offeror is an under a years has your Name and Individual or fictitious name,organization Vice partnership:+c)submit Line Date of incorporation: State of Presidents - Secretary's Treasurer's - address of been in President's State whether evidence Of business Item • Incorporation Name' Name: name Resident Name: Ag*m: general or compliance under Its limited with the - present partnership: Florida business name Fictitious Nam* Statute. I'I 1 2018 Florida J. Randall Kevin J. Katrene Kevin J. CORPORATE Limited n/a 2 Waterfield O'Keefe Zelenovskiy O'Keefe CREATIONS NETWORK INC. 11380 PROSPERITY FARMS ROAD #221 E PALM BEACH GARDENS, FL 33410 PROPOSER'S QUALIFICATION STATEMENT-CONTINUED 3 ' State the names and addresses of all Indicate registration,license numbers businesses and/or or certificate numbers for the List the pertinent State the name of the State the name and individuals who own an State the names, businesses or professions,which are interest of more than five addresses and the type Line experience of the key individual who will have address of attorney,N of the of business of all firms certificate of competency and/or state the subject of this RFP.Please attach percent(6%1 item.. - individuals of your personal supervision of -any,for the.b'usiness o6 organization' the work' the Offeror: Offeror's business and that are partially or wholly personal. registration.See Document Upload 7) indicate the percentage owned by Offeror: owned of each such business and/or individual: 1 business licensed Broward County Certified School Crossing Sharron Cook, Nanacy n/a President-J, Randall Action Labor and Staffing Guard Trainers with the Jimenez, Joanne Duty, Waterfield, CEO Paul Connection 6555 N. State of Florida, combined Cathy Castello Chase,Vice President 8 Powerkne Road, suite over 30 years of Treasuer Kevin J. 306, Fort Lauderdale, FL providing school crossing O'Keefe, Secretary 33309 guard programs Katrene Zelenovskiy throughout the state of florida. Division only recruits and trains school crossing guards. PROPOSER'S QUALIFICATION STATEMENT-CONTINUED 4 If not,explain the Is this financial statement relationship and financial Stats the name of Surety:Company which Bank References;(Include the Name, State the name of the firm for the Identical responeibllity of the Line Item will be providing the bond,and name and Address,Phone Number,Contract preparing the financial organization named on gag*organization whose financial address of agent:' Name and Email statement and date thereof, one?• statement is provided(*.g., parent-subsidiary). 1 n/a Nana Campbell Stella Laurella, CFO G Yes n/a BBBT r No Senior Vice President Corporate Banking Office 954-233-0459 Mobile 954-445-6786 NBCampbell@bbandt.com References REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Item Company Name• Legal Address" Contact Name• Phone Number• Email Address• 1 City of Boynton Beach P.O. Box 310 Sergeant Phil Hawkins 561-742-6111 hawkinsp@bbfl.us Boynton Beach. FL 33425 2 City of west Palm Beach 600 Banyan Blvd., West palm Barbara Hash 561-822-1631 bhashiwpb.org Beach, FL 33401 3 City of Boca Raton 100 NW Boca Raton Blvd., Boca Cory Mandel 561-239-8264 cmandel@myboca.us Raton, FL 33432 4 Sarasota County Sheriffs Office 6010 Cattleridge Blvd., Sarasota, Anne Barrett 941-927-4190 anne.barrett@sarasotasheriff.org FL 34232 5 City of Parkland 6600 University Drive, Parkland, Carole Morris 954-757-4120 cmorris(cityofparkland.org FL 33067 Documents It is your responsibility to make sure the uploaded file(s)is/are not defective or corrupted and are able to be opened and viewed by the Owner.If the attached file(s)cannot be opened or viewed, your Bid Call Document may be rejected. • Certified Resolution-Certified Resolution.pdf-Tuesday May 28,2019 10:27:30 • Non-Collusive Affadavit and Acknowledgement-NON-COLLUSIVE AFFIDAVIT.pdf-Tuesday May 28,2019 10:23:43 • Current Certificate of Insurance(COI)-COl.pdf-Tuesday May 28,2019 10:33:36 • W9 Form-W-9.pdf-Tuesday May 28,2019 10:39:46 • Letter of Transmittal-Letter of Transmittal RFP 19-23R School Crossing Guard Services.pdf-Tuesday May 28,2019 15:55:22 • Narrative Resoondi g to Statement of Work-Statement of Work.pdf-Tuesday May 28,2019 14:20:18 • Vendor Qualification Submittal-Statement of Qualifications.pdf-Tuesday May 28,2019 14:21:18 • Proof of FOOT Trainer Certification in Compliance with Florida Statute Sec 316.75-Certificates.pdf-Tuesday May 28,2019 10:57:04 Addenda,Terms and Conditions IV. B.STANDARD TERMS AND CONDITIONS These Standard Terms and Conditions apply to all offers made to the City of Tamarac by all prospective Proposers,including but not limited to,Requests for Quotes,Requests for Proposal and Requests for Bid.As such the words"bid","proposal"and"offer'are used interchangeably in reference to all offers submitted by prospective Proposers.The City of Tamarac reserves the right to reject any or all proposals,to waive any informalities or irregularities in any proposals received,to re-advertise for proposals,to enter into contract negotiations with the selected Proposer or take any other actions that may be deemed to be in the best interest of the City of Tamarac.Any and all special conditions in this RFP or any sample agreement document that may be in variance or conflict with these Standard Terms and Conditions shall have precedence over these Standard Terms and Conditions. If no changes or deletions to the Standard Terms and Conditions are made in the Special Conditions,then the Standard Terms and Conditions shall prevail in their entirety. 1.PERFORMANCE Failure on the part of the Proposer to comply with the conditions,terms,specifications and requirements of the proposal shall be just cause for cancellation of the proposal award;notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting.The City may,by written notice to the Proposer,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. 2.SAFETY STANDARDS Proposer shall be responsible to supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner.Proposer shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work.Proposer shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Proposers expense 3. TERMINATION 3.1 DEFAULT:In addition to all other remedies available to the City,this Agreement shall be subject to cancellation by the City for cause,should the Contractor neglect or fail to perform or observe any of the terms,provisions,conditions,or requirements herein contained,if such neglect or failure shall continue for a period of thirty(30)days after receipt by Contractor of written notice of such neglect or failure. 3.2 TERMINATION FOR CONVENIENCE OF CITY:Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein,the final Agreement may be terminated by the City for convenience,upon seven(7)days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date,including services reasonably related to termination.In the event that the Contractor abandons this Agreement or causes it to be terminated,Contractor shall indemnify the city against loss pertaining to this termination. 3.3 FUNDING OUT: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. 4.ASSIGNMENT The Proposer shall not transfer or assign the performance required by this proposal without the prior written consent of the City.Any award issued pursuant to this proposal and monies that may become due hereunder are not assignable except with prior written approval of the City.For purposes of this Agreement,any change of ownership of the proposer shall constitute an assignment which requires City approval.However,this Agreement shall run to the benefit of the City and its successors and assigns. 5. EMPLOYEES 5.1 Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City.The Proposer shall supply competent and hysically capable employees.The City may require the Proposer to remove an employee it deems careless,incompetent,insubordinate or otherwise objectionable.Proposer shall be responsible to the City for the acts and omissions of all employees working under its directions. 5.2 Unauthorized Aliens:The employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e)of the Immigration and Nationality Act.If the Contractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation of any contract resulting from this RFP.This applies to any sub-contractors used by the Contractor as well. 6. NON-DISCRIMINATION&EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract,the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race,color,sex including pregnancy,religion,age,national origin,marital status,political affiliation,familial status,sexual orientation,gender identity and expression,or disability if qualified.The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment,without regard to their race,color,sex including pregnancy,religion,age,national origin, marital status,political affiliation,familial status,sexual orientation,gender identity or expression,or disability if qualified.Such actions must include,but not be limited to,the following: employment,promotion;demotion or transfer;recruitment or recruitment advertising,layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The Contractor and its subcontractors shall agree to post in conspicuous places,available to its employees and applicants for employment,notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.The Contractor further agrees that he/she will ensure that all subcontractors,if any,will be made aware of and will comply with this nondiscrimination clause. 7. INSURANCE REQUIREMENTS Proposer 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. Proposer shall obtain at Proposers expense all necessary insurance in such form and amount as required by the City's Risk&Safety Officer before beginning work under this Agreement. Proposer shall maintain such insurance in full force and effect during the life of this Agreement.Proposer shall provide to the City's Risk&Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement.Proposer shall indemnify and save the City harmless from any damage resulting to it for failure of either Proposer or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage,which the Proposer agrees to maintain during the term of this contract: Insurance Requirements Occurrence Aggregate Line of Business Coverage Limits Commercial General Liability Including: Premises/Operations Contractual Liability Personal&Advertising iniury Bodily Injury independent Contractors $1,000,000 $2,000,000 Explosion.Collapse and Underoround Hazard Products/Completed Operation Broad Form Property Damns Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers Compensation Statutory &Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Offeror nor any Sub-Offeror 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 Offeror will ensure that all Sub-Offerors 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 shall 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 Offeror's liability insurance policies shall be endorsed to add the City of Tamarac as an"additional insured".The Offeror's Workers'Compensation carrier will provide a Waiver of Subrogation to the City. The Offeror shall be responsible for the payment of all deductibles and self-insured retentions.The City may require that the Offeror purchase a bond to cover the full amount of the deductible or self-insured retention. If the Offeror is to provide professional services under this Agreement,the Offeror 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 only for Professional Liability. The Successful Offeror agrees to perform the work under the Contract as an independent contractor,and not as a subcontractor,agent or employee of City. 8.INDEMNIFICATION 8.1 The Contractor shall indemnify and hold harmless the City,its elected and appointed officials,employees,and agents from any and all claims,suits,actions,damages,liability,and expenses (including attorneys'fees)in connection with loss of life,bodily or personal injury,or property damage,including loss of use thereof,directly or indirectly caused by,resulting from,arising out of or occumng 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. 8.2 Upon completion of all Services,obligations and duties provided for in this Agreement,or in the event of termination of this Agreement for any reason,the terms and conditions of this Article shall survive indefinitely. 8.3 The Contractor shall pay all claims,losses,liens,settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including,but not limited to,reasonable attomey's fees(including appellate attomey's fees)and costs. 8.4 The City and Contractor recognize that various provisions of this Agreement,induding but not limited to this Section,provide for indemnification by the Contractor and requires a specific consideration be given there for.The Parties therefore agree that the sum of Ten Dollars and 00/100($10.00),receipt of which is hereby acknowledged,is the specific consideration for such indemnities,and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor.Furthermore,the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.5 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.6 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. 9.INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties.It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes,including but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments,Federal Insurance Contribution Act,the Social Security Act,the Federal Unemployment Tax Act,the provisions of the Internal Revenue Code,the State Worker's Compensation Act,and the State Unemployment Insurance law.The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided,further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor,which policies of Contractor shall not conflict with City,State,or United States policies,rules or regulations relating to the use of Contractor's funds provided for herein.The Contractor agrees that it is a separate and independent enterprise from the City,that it had full opportunity to find other business,that it has made its own investment in its business,and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor,including but not limited to unpaid minimum wages and/or overtime premiums. 10.SCRUTINIZED COMPANIES F.S.135 and 215.473 Contractor must certify that the company is not participating in a boycott of Israel.Contractor must also certify that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria.Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above.Contractor must submit the certification that is attached to this contract.Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice,in writing,to the Contractor of the City's determination conceming the false certification.The Contractor shall have five(5)days from receipt of notice to refute the false certification allegation.If such false certification is discovered during the active contract term,the Contractor shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error.If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. 11.RECORDS/AUDITS The City of Tamarac is a public agency subject to Chapter 119,Florida Statutes. 11.1 The Contractor shall comply with Florida's Public Records Law.Specifically,the Contractor shall: 11.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 11.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119,Fla.Stat.,or as otherwise provided by law; 11.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law;and 11.1.4 Meet all requirements for retaining public records and transfer to the City,at no cost,all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt.All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency.The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce any available contract remedies in force including termination of the Agreement. 11.2 During the term of the contract,the Contractor shall maintain 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. 12.UNBALANCED PROPOSALS When a unit price proposal has variable or estimated quantities,and the proposal shows evidence of unbalanced proposal pricing,such proposal may be rejected. 13.UNIT PRICES Where a discrepancy between unit/hourly price and total price is indicated on a Proposer's submitted Schedule of Proposed Prices or Price Proposal Form,the unit prices shall prevail. 14.GOVERNING LAW&VENUE Any Agreement resulting from this solicitation 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. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC,FL 33321 (954)597-3505 CITYCLERK@TAMARAC.ORG 16.SPECIAL PROVISIONS FOR FLORIDA SCHOOLS It is anticipated that this Agreement will be utilized by Cities in support of the Broward Public Schools.Vendors making deliveries to the facilities of any School District in the State of Florida with children present shall comply with the following requirements: 16.1 Background Screening:In the event the requirements include the need for Contractor to visit any Florida schools with students present,Contractor agrees to comply with all requirements of Sections 1012.32 and 1012.465,Florida Statutes,and all of its personnel who(1)are to be permitted access to school grounds when students are present,(2)will have direct contact with students,or(3)have access or control of school funds,will successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. This background screening will be conducted by the individual school district(s)in advance of Contractor or its personnel providing any services under the conditions described in the previous sentence.Contractor shall bear the cost of acquiring the background screening required by Section 1012.32,Florida Statutes,and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to Contractor and its personnel.The Parties agree that the failure of Contractor to perform any of the duties described in this section shall constitute a material breach of this Agreement entitling the City of Tamarac to terminate this Agreement immediately with no further responsibilities or duties to perform under this Agreement. Contractor agre&s to indemnify and hold harmless The City or any Florida school district using this Agreement,its officers and employees resulting from liability or claims made by any person who may suffer physical or mental injury,death or property damage resulting in the Contractor's failure to comply with the requirements of this Section or with Sections 1012.32 and 1012.465,Florida Statutes. 16.2 Child Neglect:The Contractor and its employees shall be subject to the requirements of§39.201 Florida Statute that requires the reporting of child abuse or child neglect to the State of Florida,Department of Children and Families via the Florida Abuse Hotline 1-800-962-2873. 16.3 Confidential Student Information:Notwithstanding any provision to the contrary contained in this agreement between the Contractor and the City;Contractor and its officers,employees, agents,representatives,contractors,and sub-contractors shall fully comply with the requirements of Section 1002.22 and Section 1002.221,Florida Statutes,or any other law or regulation,either federal or State of Florida,regarding confidentiality of student information and records.Further,Contractor for itself and its officers,employees,agents,representatives,contractors,or sub- contractors,shall fully indemnify and hold the City of Tamarac as well as any Florida school district using this Agreement,and its officers and employees harmless for any violation of this covenant, including but not limited to defending the City and any Florida school district using this Agreement,its officers and employees against any complaint,administrative or judicial proceeding,payment of any penalty imposed upon the City or Florida school district using this Agreement or payment of any and all costs(s),damages(s),judgment(s),or loss(es)incurred by or imposed upon the City or Florida school district using this Agreement arising out of the breach of this covenant by the vendor,or an officer,employee,agent,representative,contractor,or sub-contractor of the vendor to the extent and only to the extent that the vendor or an officer,employee,agent,representative,contractor,or sub-contractors of the vendor shall either intentionally or negligently violate the provisions of this covenant,or Sections 1002.22 or 1002.221,Florida Statutes.This provision shall survive the termination of or completion of all performance or obligations under this agreement and shall be fully binding upon Contractor until such time as any proceeding brought on account of this covenant is barred by any applicable statute of limitations. 17. COMPLIANCE WITH STATUTES It shall be proposer's responsibility to be aware of and comply with all statutes,ordinances,rules,orders,regulations and requirements of all local,city,state and federal agencies as applicable, specifically the Jessica Lunsford Act—Chapter 1012,Florida Statutes,which provides for the screening of individuals who are vendors or contactors with a Florida public school or district. P We(I),the undersigned,hereby agree to furnish the item(s)/service(s)described in the Request of Quotation.We(I)certify that we(I)have read the entire document,including the Specifications,Additional Requirements,Supplemental Attachments,Instructions to Bidders,Terms and Conditions,and any addenda issued.We agree to comply with all of the requirements of the entire Request for Quotation - Paul Chase,CEO The bidder shall declare any potential conflict of interest that could arise from bidding on this bid.Do you have a potential conflict of interest?r Yes in No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments(if applicable) Addendum#t with FDOT Guidelines 25 Mon May 20 2019 10:52 AM M N - Cr) l n. ra (I_ .0 (X a CD C w w CO O m al J 00 CD O O O 6) C 0 0 0 N- CD 0 0 0 0 0 0 O CO O H O .L C r- T- N V- V- N N N V- N V V V V r- O O) 6) CD CO N— c- �— O O col LL CU.) N 'a Q _aLE CD X O+ W cis O O M I 1 C 0 C O. O N CI C N _ _ _ _ _ _ _ _ W a) CO r co 0 c0 r- LC) X � LO C) O c) c) O p CD CD C) CD • N N N N N j 0 CC to E a) O W O a) v) C 0 0 Y Q a Co U) Z o _ . coZ W CO x a Z C a Ca 4- Q C )�O. N o - o oCO .00) Cl Ow t- x a)aN N N- N C F ✓ x N- N N- N J C co O O R Imo w co Oo -I-. 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O o U z (n ouzo 0 O z U) 0 O z U) o O z (n 0 O z cn o O z w 0 U U U U U U U oN , 000 ( 0 0 0 @ 0 0 0 a) 0 0 0 (D 0 0 0 @ 0 0 0 (D 0 0 0 0 a > > > a > >, - >, aT >, >, O >, > > O > >N 0 0 > O 0 '' Cu tf O N U U U U U U U U U U U U U U U U U U U U U U U U U U U U > a) C ) TAMARAC The City For Your Life AGREEMENT BETWEEN THE CITY OF TAMARAC AND WATERFIELD FLORIDA STAFFING, LLC D/B/A ACTION LABOR THIS GREEMENT is made and entered into this/Iday of 20 /1 by and between the City of Tamarac, a municipal corpor ion ith principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Waterfield Florida Staffing, LLC D/B/A Action Labor, a Florida Limited Liability Company with principal offices located at 624 Nottingham Boulevard, West Palm Beach, FL 33405(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 shall consist of this Agreement Request for Proposal Document No 19-23R including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Contractor, specifications, bond(s), (if applicable), and insurance certificate(s),the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to provide Crossing Guard Services for the cities of Coral Springs, North Lauderdale, Sunrise and Tamarac. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written 1 TAMARAC The City For Your Life City of Tornai tC... Pot C ?2Sft'Y r;F7C1 )>trect DIV131(?i:'. notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State,and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or sub-Contractors, if any,with respect to the work and services described herein. 2.1.5 Contractor shall comply with the requirements of the most current version of F.S. 316.75,the Ramon Turnquest School Crossing Guard Act,and shall provide City with current proof of compliance during the term of the Agreement, including any and all Requirements of the "Florida School Crossing Guard Training Guidelines" dated March, 2016 or latest edition thereof, as issued by the Florida Department of Transportation Safety Office. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability,and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term and Renewal The contract term shall be for a period of two (2) years from the date of this Agreement, with two (2) additional two-year renewal terms based upon satisfactory performance and mutual agreement of both parties. All terms and conditions shall remain firm for the initial period of the contract and for any renewal period. Any price adjustment shall be per section 6 "Cost Adjustments" of this Agreement 2 TAMARAC A The City For Your Life C(tyi 1/flatac Pt,/ct},a tig n° f at?ct` rlS:cf3 5) Contract Sum Pricing shall be in accordance with the pricing schedule provided herein. 6) Cost Adjustments No price increase for the initial contract period will be accepted unless necessitated by an adjustment to the Florida Minimum Wage, or an adjustment to the Federal Minimum Wage to a higher level than the Florida Minimum Wage. Changes in the Florida minimum wage shall be as outlined in Florida Statute 448.110. Per this Statute, new minimum wage rates will be calculated annually, made public by October 15 of each year and implemented on January 1 of the following year. The City will allow an annual increase in the hourly rate charged equal only to the difference between the new minimum wage hourly rate as required by law and the previous year's minimum wage hourly rate as required by law. No other increases will be accepted. Additionally, changes in the hourly rate paid to the Contractor will be implemented on the January 1st following the announced increase and will apply only to those hours worked after January 1st. Costs for any renewal terms are subject to an adjustment only if an increase or decrease occurs throughout the local industry. The City will use changes in the Consumer Price Index (CPI) (United States All Urban Consumers), as published by the Bureau of Labor Statistics of the U.S. Department of Labor,and documented payroll figures provided by the Contractor in any adjustment review. Any request for increase at the time of renewal must be documented and submitted in writing to the City at least one hundred twenty (120) days prior to the contract anniversary date. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented or are considered by the City to be excessive. In the event that the City determines that the costs as submitted are not properly documented or are excessive, and the matter cannot be resolved to the satisfaction of the City, the contract will not be renewed for the additional optional renewal period(s). 7) Payments Payment will be made monthly for goods properly delivered during the previous month or other schedule as agreed between Contractor and City. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 8) Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or 3 TAMARAC The City For Your Life City of T;rr =1 �._. _.....__ t� lf;rtc25ttv Ci<- 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. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 8.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 8.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore,the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.4 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.5 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. 9) Non-Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race,color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation,familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of 4 TAMARAC The City For Your Life 1 y of T.ij ..0 .....Pc rck Sl ) "rJif1 C I U ct pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any,will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) 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. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail,air or ground courier services,or by messenger service,as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 5 TAMARAC The City For Your Late C ty Tartiat )c t If r),- ,rE )1 ( 2tt?cts Otostott With a copy to City Attorney at the following address: Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Waterfield Florida Staffing, LLC, D/B/A Action Labor 624 Nottingham Boulevard West Palm Beach, FL 33405 Attn: Paul Chase, CEO With a copy to the following address: Waterfield Florida Staffing, LLC, D/B/A Action Labor 6555 N. Powerline Road, Suite 306 Fort Lauderdale, FL 33309 Attn: Sharron Cook (954) 776-3444 Voice (954) 776-8476 Fax scook(c�actionlabor.com 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7)days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- 6 TAMARAC The City For Your Life ...,_ performing party could not avoid.The term"Uncontrollable Forces"shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic,war,riot,civil disturbance,sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces,which are preventable, removable, or remediable, and which the nonperforming party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force,give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) 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. 16) 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. 17) 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. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction.The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the TAMARAC The City For Your Life tr �,of Ta.r ai-lc,......... 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. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 21) Budgetary Constraints In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 22) Scrutinized Companies - 287.135 AND 215.473 22.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 22.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five(5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 8 TAMARAC The City For Your Life City of Tdrnat 3 1 ,It of,aocrirt C'at;,, 23) Public Records 23.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 23.1.1 Keep and maintain public records required by the City in order to perform the service; 23.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 23.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 23.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 23.2 During the term of the contract, the Contractor shall maintain 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 9 TAMARAC The City For Your Life City of7Fc iac .. (3tt(1 xiti normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 24) CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 25) SPECIAL PROVISIONS FOR FLORIDA SCHOOLS It is anticipated that this Agreement will be utilized by Cities in support of the Broward Public Schools. Vendors making deliveries to the facilities of any School District in the State of Florida with children present shall comply with the following requirements: 25.1 Background Screening: In the event the requirements include the need for Contractor to visit any Florida schools with students present, Contractor agrees to comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes, and all of its personnel who (1) are to be permitted access to school grounds when students are present, (2)will have direct contact with students, or(3) have access or control of school funds, will successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. This background screening will be conducted by the individual school district(s) in advance of Contractor or its personnel providing any services under the conditions described in the previous sentence. Contractor shall bear the cost of acquiring the background screening required by Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to Contractor and its personnel. The Parties agree that the failure of Contractor to perform any of the duties described in this section shall constitute a material breach of this Agreement entitling the City of Tamarac to terminate this Agreement immediately with no further responsibilities or duties to perform under this Agreement. Contractor agrees to indemnify and hold harmless 10 TAMARAC The City For Your Life City of Tdri i 1£,.. !�c'lC�3stS€7tr:?FiCotIlroc 1}yiw,tf The City or any Florida school district using this Agreement, its officers and employees resulting from liability or claims made by any person who may suffer physical or mental injury, death or property damage resulting in the Contractor's failure to comply with the requirements of this Section or with Sections 1012.32 and 1012.465, Florida Statutes. 25.2 Child Neglect: The Contractor and its employees shall be subject to the requirements of§39.201 Florida Statute that requires the reporting of child abuse or child neglect to the State of Florida, Department of Children and Families via the Florida Abuse Hotline 1-800-962-2873. 25.3 Confidential Student Information: Notwithstanding any provision to the contrary contained in this agreement between the Contractor and the City; Contractor and its officers, employees, agents, representatives, contractors, and sub-contractors shall fully comply with the requirements of Section 1002.22 and Section 1002.221, Florida Statutes, or any other law or regulation, either federal or State of Florida, regarding confidentiality of student information and records. Further, Contractor for itself and its officers, employees, agents, representatives, contractors, or sub-contractors, shall fully indemnify and hold the City of Tamarac as well as any Florida school district using this Agreement, and its officers and employees harmless for any violation of this covenant, including but not limited to defending the City and any Florida school district using this Agreement, its officers and employees against any complaint, administrative or judicial proceeding, payment of any penalty imposed upon the City or Florida school district using this Agreement or payment of any and all costs(s), damages (s), judgment(s), or loss(es) incurred by or imposed upon the City or Florida school district using this Agreement arising out of the breach of this covenant by the vendor, or an officer, employee, agent, representative, contractor, or sub-contractor of the vendor to the extent and only to the extent that the vendor or an officer, employee, agent, representative, contractor, or sub- contractors of the vendor shall either intentionally or negligently violate the provisions of this covenant, or Sections 1002.22 or 1002.221, Florida Statutes. This provision shall survive the termination of or completion of all performance or obligations under this agreement and shall be fully binding upon Contractor until such time as any proceeding brought on account of this covenant is barred by any applicable statute of limitations. 26) COMPLIANCE WITH STATUTES It shall be proposer's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state and federal agencies as applicable, specifically the Jessica Lunsford Act—Chapter 1012, Florida Statutes, which provides for the screening of individuals who are vendors or 11 TAMARAC The City For Your Life City of Tamarac ac F'C rc h<1S47z7 and C )' !.)' i J7 contactors with a Florida public school or district. Remainder of Page Intentionally Blank 12 TB,ARAC MA, The City For Your Life qq 9f Tarria,pc Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its CEO, duly authorized to execute same. \���, l i►i►,,, CITY OF TAMARAC \ ��' �C� C1 - Ili, U; • Miche e E. Gomez, M yorK ESTABLISHED o ©:• SEAL :p` pate 4?/` C.O/V'ewl ATTEST— gy, 'II'a ipi Michael C. Ce neck, Manager Pa ricia Teufel CMC Date: City Clerk 7 i/ 6 0�Q Appro e as to form and legal sufficiency: Date 1 Hi - / ?_/t/,4"1. City ttorney ATTEST: WATERFIELD FLORIDA STAFFING, LLC D/B/A ACTION LABOR 7 Company , ,./, i (Corporate Secreta rgfiature of C 0.--- IC v--e(Ac 2r rN0.L5ks q Paul Chase Type/Print Name of Corporate Seg. CEO (CORPORATE SEAL) Date TAMARAC The City For Your Life City of Tamarac._.__ Put and CotIttacts ',. CORPORATE ACKNOWLEDGEMENT STATE OF `- Ora q cJ� . :SS COUNTY OF 11-1\ -BC' =tr1 : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Paul Chase, CEO of Waterfield Florida Staffing D/B/A Action Labor, a Florida Limited Liability Company, to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this t y rh day of • r, , 20n. Signatureota Public rY ,� sETHWATSON State of Florida at Large ., : Commission#ti(3 2005 gl '` �' Inch 27,2023 ':3:910' Bonded ilw Troy Fain Imam 800.1 t1 Print, Type or Stamp Name of Notary Public 11 Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or I I DID NOT take an oath. Pricing Schedule for Crossing Guards Number of Line Number of Daily Hours Cost Per Daily Cost Item City and Hours Worked Per Shift Posts Worked Hour Total 1 Coral Springs Guard-2 hour shift 26 52 $ 11.52 $599.04 2 Coral Springs Guard--3 hour shift 50 150 $ 11.52 $1,728.00 3 Coral Springs Supervisor(s)--6 hour shift 3 18 $ 11.52 $207.36 4 North Lauderdale Guard--3 hour shift 34 102 $ 11.52 $1,175.04 5 North Lauderdale Guard-5 hour shift 16 80 $ 11.52 $921.60 6 North Lauderdale Supervisor(s)--6 hour 2 12 $ 11.52 $138.24 7 Sunrise Guard -2 hour shift 5 10 $ 11.52 $115.20 8 Sunrise Guard--3 hour shift 34 102 S 11.52 51.175.04 9 Sunrise Guard--5 hour shift 15 75 $ 11.52 $864.00 10 Sunrise Supervisor(s)--6 hour shift 3 18 $ 11.52 $207.36 11 Tamarac Guard--3 hour shift 27 81 $ 11.52 $933.12 12 Tamarac Supervisor(s)--6 hour shift 1 6 $ 11.52 $69.12