Res No. 29-18 ...... ..._... _ _ __ -------- — ---- .............
RESOLUTION NO. 29-18
A RESOLUTION OF THE CITY OF DELRAY BEACH,
FLORIDA APPROVING AN AGREEMENT WITH STAFFING
CONNECTION D/B/A ACTION LABOR OF FLORIDA FOR
I SCHOOL CROSSING GUARDS; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT AND TAKE
ALL ACTIONS NECESSARY TO EFFECTUATE THIS
AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS,the City of Delray Beach (herein referred to as the"City")is authofized to enter into
agreements to provide services,programming and products in accordance with its Charter; and
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WHEREAS, the City requires school crossing guards and
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WHEREAS,the City desires to enter into an agreement with Staffing Connection D/B/A Action
Labor of Florida for school crossing guards; and
WHEREAS,the City Commission deems approval of this Resolution to be in the best interest of
the health, safety, and welfare of the residents and citizens of the City of Delray Beach and the public at
large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The City Commission of the City of Delray Beach has reviewed and hereby
approves this Agreement between the City and Staffing Connection D/B/A Action Labor of Florida,
attached to this resolution as Exhibit"A".
Section 3. The City Commission authorizes the City Manager to execute the Agreement and
any amendments and/or renewals thereto, and take any other actions necessary to effectuate this
Agreement.
Section 4. This Resolution shall become effective immediately upon adoption.
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PASSED AND ADOPTED in regular session on the 1�.: day of ,2018.
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ATTEST: Y OR
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Katerri Johnson, CAy Clerk
A Prrs e' o orm a Ie fficiency:
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Max Lo aly City Attorney
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CITY OF DELRAY BEACH
100 NW 1St AVENUE, DELRAY BEACH, FL 33444
AMENDMENT NO. 1 TO
AGREEMENT NO. 2015-60
SCHOOL CROSSING GUARDS
STAFFING CONNECTION D/B/A ACTION LABOR OF FLORIDA
CITY OF DELRAY BEACH
AMENDMENT NO. 1 TO
SCHOOL CROSSING GUARDS
THIS AMENDMENT NO. 1 to the School Crossing Guards Agreement dated September
15, 2015 (Agreement), by and between City of Delray Beach, a municipal corporation of the State
of Florida (City), and Staffing Connection D/B/A Action Labor of Florida (Contractor), a Florida
corporation, is entered this day of,,, - ,, 2018.
WITNESSETH:
WHEREAS, on September 15, 2015, the City Commission awarded a three-year agreement
to Contractor for school crossing guard services, with the option to renew for two additional two-year
periods; and
WHEREAS,the Agreement provides for amending the Schedule of Pricing as set forth.
WHEREAS, Contractor agrees to amending Schedule of Pricing.
WHEREAS, the term of the Agreement expires on September 14, 2018. Contractor has
continued to provide services in accordance with the terms and conditions of the Agreement; and
WHEREAS, the City desires to continue to procure these products and services from
Contractor and exercise the first two-year option to renew the Agreement through September 14,
2020; and
WHEREAS, Contractor agrees to continue to provide services to City in accordance with the
terms and conditions of the Agreement; and
WHEREAS, the City determines that it is in the best interest of the City to approve
Amendment No. 1 to renew the Agreement through September 14, 2020. ,
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other
valuable consideration,the receipt and sufficiency whereof are hereby acknowledged, the parties do
agree that the Agreement is amended as follows:
1. The above recitals are true and correct and are incorporated herein.
2. This Amendment No. 1 extends the Agreement, under the same terms and conditions, for the
period of September 15, 2018 through September 14, 2020 for an annual not-to-exceed
amount of three hundred thirty-four thousand U.S. Dollars ($334,000).
3. The following Public Records provision is hereby added in its entirety to the Agreement:
Public Records
IF THE CONTRACTORQUESTIONS I THE
APPLICATION 119, FLORIDA STATUTES9 TO THE
NTRACTOR'S DUTY TO PROVIDE PUBLIC
City of Delray Beach 2
School Crossing Guards
Amendment No. 1
RELATING TO THIS AGREEMENT, NTC THE CUSTODIAN
OF PUBLIC T CITY OF DELRAY BEACH, CITY
CLERK, 100 N.W. 1 ST AVE., DELRAY BEACH FLORIDA. THE CITY
CLERK'S OFFICE MAY BE CONTACTED BY PHONE AT 561-243-
7050 OR VIA EMAIL AT CITYCLERKPMYDELRAYBEACH.COM.
a. Contractor shall comply with public records laws, specifically to:
i. Keep and maintain public records required by the City to perform the service.
ii.Upon request from the City's custodian of public records, provide the City 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
Florida Statute or as otherwise provided by law.
iii. 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 Agreement term and following completion of the
Agreement if the Contractor does not transfer the records to the City.
iv. Upon completion of the Agreement, 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 Agreement, 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 Agreement, 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.
V. If the Contractor does not comply with this section, the City shall enforce the
contract provisions in accordance with the contract and may unilaterally cancel
this contract in accordance with state law.
4. Contractor is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this contract, and
may demand and obtain records and testimony from Contractor and its subcontractors and
lower tier subcontractors. Contractor understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of Contractor or its subcontractors
and lower tier subcontractors to fully cooperate with the Inspector General when requested
may be deemed by the City to be a material breach of this Agreement justifying its
termination.
5. Except as provided herein, all other terms and conditions of the Agreement remain in full
force and effect and are hereby ratified and confirmed.
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City of Delray Beach 3
School Crossing Guards
Amendment No. 1
IN WITNESS WHEREOF, the City and Contractor hereto have set their hands and
corporate seals on this day of , 2018.
ATTEST: TY�E3F F)LRAY BE
Katerri Johnson, ity Clerk ' M or
Approved as to form
and legal sufficiency:
R. ax L y „ ,..
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CONTRACTOR
Printed Named ,
. ) ry .)
(SEAL) Title ' „
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoi g instrument was acknowledged before me this .,,, day of
2018, by , j�_.. J'`6�' , as L' (name of officer or agZnt, title of
officer or agent), of 'pct . >9 (name of corporation acknowledging), a
(F- (state or place of incorporation) corporation, on behalf of the corporation.
He/She,is_personally known to me or has produced (type
of identification as identificaPAC
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Amendment No. 1 ®a,/® 0/e1fC,ST' ®`>°®®�
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