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HomeMy Public PortalAbout2023-39 Selecting Family Crossing Guard, LLC for School Crossing Guard ServicesRE S O L U T IO N N O . 202 3 -3 9 A RE S O L U T IO N O F T H E V IL L A G E C O UN C IL O F T H E V IL L A G E O F K E Y B IS C A Y N E , F L O RI D A , SE L E C T IN G F A M IL Y C R O S S IN G G U A RD , L L C F O R S C H O O L C R O S S IN G G U A RD S E R V IC E S IN A N A M O U N T N O T T O E X C E E D $2 4 0 ,2 8 2 A N N U A L L Y ; P R O V ID IN G F O R A U T H O RI Z A T IO N ; A N D P R O V ID IN G F O R A N E F F E C T IV E D A T E . W H E RE A S , the Village of Key Biscayne ("Village") Council desires to improve traffic and safety measures by providing school crossing guards at all times when students are traveling to and from school and during requested special events (the "Services"); and WHEREAS, on April 25, 2023, the Village issued Invitation to Bid No. 2023-10 for the Services; and WHEREAS, two (2) sealed bids were received by the 1TB deadline; and WHEREAS, after review and evaluation of the submitted bids, the Village Manager recommended that Family Crossing Guard, LLC (the "Contractor") be selected to perform the Services as the lowest, responsive and responsible bidder; and WHEREAS, the Village Council desires to select the Contractor to perform the Services and authorizes the Village Manager to negotiate and execute an agreement with the Contractor in an amount not to exceed $240,282.00 annually (the "Agreement"), consistent with the Contractor's bid attached hereto as Exhibit "A;" and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. S e c t io n 2 . S e c t io n 3 . S e le c t io n . That the Village Council selects the Contractor for the Services. Authorization. That the Village Manager is hereby authorized to negotiate and execute an Agreement with the Contractor for the Services, consistent with and substantially in accordance with the Contractor's bid attached hereto as Exhibit "A," in an amount not to exceed $240,282.00 annually, subject to approval by the Village Attorney as to form, content, and legal sufficiency. Section 4. adoption. Effective Date. That this Resolution shall be effective immediately upon PASSED and ADOPTED this 18th day of ,:..:Ju::..:..l~-----' 2023. JOE I. RASCO, MAYOR ATTEST: J~J2>~o~ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFTCIE ~J~ WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY P r o p o s a l School Crossing Guard Services - ITB # 2023·10 2.6 FEES & CO STS The Bidder's hourly rate for the following positions shall include, but not be limited to all labor, supervision, benefits, travel, insurance, equipment/materials, uniforms, and any other contractor expenses incurred in performing the work specified. The Village expects the hourly rate paid to all employees by the successful bidder to be consistent with neighboring communities that provide similar public or privatized services. Estimated annual hours are provided below; however, the Village does not guarantee the number of hours in this contract. Position Total ti of Hours ti of Days tt of Est. Total Guards per Day Per Week Days Hours C ro ssing G uard 22 4 5 180 15,840 Special Event C ro ssing Guard • 0 0 0 0 0 I * Special event hours are based on Fiscal Year 21/22 event and are subject to change. 2.7 SCHEDULE OF SERVICES Key Biscayne Com m un ity D ay School t,./ # of Posts Day(s) Time Start Time End 8 Monday - Friday 7:45am 8:45am 8 Monday, Tuesday, Thursday, Friday 2:30pm 3:30pm 8 Wednesday 1:30pm 2:30pm 4 Monday - Friday 7:45am 8:45am 4 Monday, Tuesday, Thursdav, Fridav 2:30pm 3:30pm 4 Wednesday 1:30pm 2:30pm 2 Monday - Fridav 7:00am 9:00am 2 Monday - Friday 2:00pm 4:00pm /~ St. Agnes Academy / # of Posts Day(s) Time Start Time End 2 Monday - Fridav 7:00am 9:00am 1 Monday - Friday 7:00am 8:00am 2 Mondav - Friday 2:00pm 4:00pm 1 Mondav - Fridav 2:00pm 3:00pm ***Village would like Com pany of Choice to include the option of possibly adding two additional posts staffing (4) four additional crossing guards. Optional post include: Key Colony # of Posts Day(s) Time Start Time End 2 Monday - Friday 7:00am 9:00am 2 Monday - Friday 2:00pm 4:00pm 10 School Crossing Guard Services - 1TB # 2023-10 Mast Academy # of Posts Day(s) Tim e Start Time End 2 M onday - Friday 7:00am 9:00am 2 M onday - Friday 2:00pm 4:00pm 2.8 ANNUAL TERMS OF SERVICE Serv ici ng shall be provided to the abo ve listed establishm ents under the fo llow ing term s: 1. 180 school days per year 2.9 SCHOOL CROSSING GUARD PERFORMANCE CHECKLIST Scho ol cro ssing guards' understanding of their ro le and standard crossing pro cedures may be assessed through use of the Perf orm ance C hecklist fo r the Village of Key Biscayne. Results will be shared with the school crossing guard com pany and gaps in know ledge should be addressed befo re the guard assum es independent responsibility fo r a post. The Perf orm ance Checklist m ay be used on an annual basis to pro vide info rmation on quality of serv ice or perf orm ance. G uards and superv isors shall be observ ed by the Village w hile at their post can confirm that the guard or superv isor has a firm understanding of job responsibilities and procedures and can bring to light any m isunderstandings or om issions in the crossing guard training. Perform ance review will benefit both the contract or and the Vill age and ultim ately student pedestrians. x Each guard sho uld be observ ed by the Village at least once during her /his term . x A copy of the observ atio n report should be shared w ith the contract or fo r the opportunity to discuss the report . Aft er docum ented review , inappropriate behavior that has been observ ed may be addressed by issuance of a notice and m ay result in term ination of agreem ent. 11 School Crossing Guard Serv ices - ITB # 2023·10 [D PERFORM ANCE CHECKLIST FOR VILLA GE OF Date: ~i2d~ KEY SISCA YNE C om pany's Name "(,:,. tJ\.J 0~ ess,« ... r::- --:--:J, Village Reviewer Fo r ea ch task pe rfor#n ed satisfacto rily, pb ce an •s• In th e approp riate field. Fo r ea ch task pe rform ed On-Site Observa tion s unsa tisfacto rily. place a "U" in th e box. During Supe rvi sed Duty, two obse rva tions are con ducted for a m inim um of 30 m inute s ea ch at the gua rd's assigned crossing during his regu lar shift (if th e gu ard Rrst Second Th ird pe rform s cr ossing duty in bo th th e m om ing and afte rn oo n, one obs erva tion should be con ducted I during th e m orning shift and th e oth er during the afte moo n). The gu ard must pe rform all tasks listed sa tisfacto rily in the sec on d observa tion . If not. a third and final ob serva tion may be co nducted with in tw o wee ks of th e sec on d ob serva tion. If on e or m or e tasks are pe rformed unsa tisfactor ily during the w SIU SIU Th ird O n-Site Observa tion. th e gu ard doe s not mee t standards and should be suspe nded until succ essfully retra ined or term ina ted . ' I. Th e gu ards are wea ring th e co m plete unifor m adopted by th e employing agency , in co nfo rm ance wi th sta te gu idelines. 2. Th e gu ards have brou gh t all assigned eq uipm en t (vest. wh istle. gloves, stop pa ddle. etc.) and uses it pr ope rly. i 3. Th e gu ards dem onstra te understanding of th e fu ncti on of ped estri an sign als. tra ffic sign als and I cro sswa lks. 4. Th e gu ards appea r alert and atte nti ve to po tential haza rds in the cro ssing zon e area . 5. The gu ards display interest in overa ll safety of bo th ped estri an and ve hicular tra ffic. 6. Th e gu ards is correctl y po sition ed at th e ed ge of the roadwa y in fron t of ch ildren prior to cro ssing . 7. Th e gu ards demonstra te the prope r sea rch pa tte rn (left. righ t. left and over shou lder) be fo re ente ring th e roa dwa y. 8. Th e gu ards en sure s th at ch ildren remain on th e sidewa lk or at the edge of th e roadwa y until th ey are told to cr oss. 9. Th e gu ards properl y pos ition self in th e roa dwa y for maximum visibility . 10. Th e gu ards ma kes sure that all m oto r ve hicle tra ffi c has sto pped on the roadwa y th at will be cr ossed be fore allowing childre n to cross. It. Th e gu ards instru cts children to cr oss be hind him/h er . 12. Th e gu ards rema ins in th e intersecti on until all ch ildren have sa fely cr ossed th e roa dwa y. ' As sign me nt: I Firs t O n-site Observa tion Seco nd On-site Observa tion Th ird On-site Observa tion Tim e O bse rv ed Tt m e Observ ed ' Time Observed Village's Sign atu re VIiiage's Sign aru re Village's Sign atu re ' Pr inted Nam e Pr inted Name Pri nted Name Com me nts: END OF SECTION 12 S c h o o l C ro ss in g G u a rd S e rv ice s - IT S # 2023-10 SECTION 3. BID SUBMISSION REQUIREMENTS 3.1 GEN ERA L BID INST RUCTI ONS Bids are to be uploaded on Dem andStar by no later than the Bid Due date and tim e listed in Sect ion 1. 7. A ny Bid received aft er the deadline or delivered in any other manner shall not be considered fo r award. Bidders are responsible fo r ensuring that their Bid is delivered by the deadline. Bids should be signed by an off ici al authorized to bind. Bids are to rem ain valid fo r at least 180 days. Upon aw ard of an Agreem ent, the contents of the Successfu l Bidder Bid shall be incorporated within and incl uded as part of the A greem ent. The respo nsibility fo r subm itt ing a Bid befo re the stated tim e and date is solely and strict ly that of the Bidder. The V ill age is not responsible fo r any delayed, late, m isdelivered, or non-delivered Bids, no matter the cause. 3.2 D EFIN m O NS 1. Days: D ays shall m ean calendar days. 2. Responsible Bidder: To be considered a "responsible" bidder, the Bidder must have adequate equipm ent and personnel to do the W ork w ithin the tim e lim its that are established, has adequate fi nanci al status to m eet the obligations to perform the W ork and has not defa ulted on a prior contract . 3. Responsive Bidder: A ny person, firm , or corporation subm itt ing a Bid fo r the W ork whose Bid fo rm is com plete and includes all required att achm ents and enclosures, free from exclusions or speci al conditi ons and has no altern ative Bids fo r any item s, unless altern atives are requested in the specifi cations. 4. W ork: The serv ic es req uired by the Contract Docum ents, including labor and materials. 3.3 ELI G IBILITY In addition to other requirem ents stated in this docum ent, to be eligible fo r award, Bidders must dem o nstrate the fo llow ing in their response: 1. Bidder m ust be appropriately licensed and in good standing with the Florida Department of Professional Regulation 2. Bidder m ust have three (3) years of continuous operation under the sam e nam e pro viding the sam e Serv ices; 3. Bidder's project team m ust have prior experience within the past three (3) years in the sam e field as the Serv ic es; 4. Bidder's princi pal-in-charge m ust have a m inim um of three (3) years of experience within the sam e field as the Serv ices; and 5. Bidder's project m anager m ust have a m inim um of three (3) years of experience in the same fi eld as the Services w ith prior project managem ent experience and m ust be capable of speaking and m aking deci sions on behalf of the Respondent. Sc h o o l C ro s sin g G u a rd Se rv ic e s - IT S # 20 23-10 Each Bidder shall meet all legal, technical, and professional requirements for providing the requested Services. The Bidder shall furnish such additional information as the Village may reasonably require. This includes information that indicates financial resources as well as ability to provide the Services. The Village reserves the right to make investigations of the Bidders' qualifications or any of its agents, as it deems appropriate. 3.4 BID SU B M ISS IO N The Bidder shall submit an original Bid on the bid forms attached to this 1TB. The Bidder shall fill in all the blank spaces completely for each and every unit item for which a Bid is tendered. The Bidder shall state the price, for which s/he proposes to do each item of Work. The Bid shall include: a) Bid Forms as specified in Section 5; b) Certificate or Evidence of Insurance; c) Pra:j est Sel'let'!Y le d) Bid G Y aFa Atee ; e) Contact information (name, telephone and email) for at least five (5) references for similar projects performed within the last five (5) years. f) Copies of any relevant business licenses, including occupation, and Florida registration (Company certifications, not personal) and a copy of State Corporate or other proof from the State of Florida that Proposer is authorized to do business in this State. 3.5 SU BM ITTA L RECEIPT AND O PEN IN G O F PRO PO SA LS CONTRACTOR's solicitation response must be submitted electronically through DemandStar (www.demandstar.com), the Village's designated electronic bidding system. It is solely the CONTRACTOR's responsibility to assure its response is submitted and received In DemandStar by the date and time specified In the solicitation. The Village will not consider responses received by any other means. The official time for electronic submittals is the DemandStar server. All parties will, without reservation accept the official time. Any bid may be rejected for noncompliance to requirements after a full review by the Village. The sealed submittals will be publicly opened at the Village of Key Biscayne, Village Hall online after the Proposal Submittal Deadline. Award of a proposal w ill be made at a Village Council meeting. ZOOM INFORMATION FOR 1TB OPENING Village of Key Biscayne Proposal Opening for RFP # 2023-10 School Crossing Guard Services Join Zoom Meeting https://us06web.zoom.us/j/86193280736?pwd=c2dFZGF0RGIYVm04cmFldldSZUJldz09 Meeting ID: 861 9328 0736 Passcode: 063913 Date: May 26, 2023, 11:35 a.m. 14 S c h o o l C ro ss in g G u a rd Se rv ice s - !T B # 2023-10 3.6 IN V EDTI GATI O N OF BIDDERS Bidders are responsible for thoroughly reading and understanding the information, instructions, and specifications contained in the Invitation for Bids, and for investigating the site conditions at the Project location(s), if applicable. At bid opening, each Bidder will be presumed to have read and to be thoroughly familiar with the plans, specifications and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve the Bidder from any obligation in respect to their Bid. 3.7 Q U A LI FICATIO N OF BIDDERS The Village reserves the right to request any additional information necessary, including available facilities, equipment and technological capabilities, in order to ascertain the Bidders capability to perform the Work. 3.8 BIO G UARA NlY A certified or cashier's check drawn on a national or state bank, or bid bond, in the amount of five percent {5%) of the total bid, shall accompany each bid as a guarantee that the Bidder will, if award is made, execute a Contract to do the Work for the amount proposed and furnish any required certificates of insurance and bond documents. The bid bond shall be from a surety with an A-rating or better under Best's Guidelines, made payable to: The Village of Key Biscayne. Bid surety received from unsuccessful Bidders will be returned after the Contract is awarded and executed, if requested by unsuccessful Bidder. The failure of the successful Bidder(s) to execute a Contract and submit required insurance certificates and bonds will result in forfeit of the Award. Each Bidder agrees in advance that the Village will sustain certain damages too difficult to accurately ascertain. Accordingly, if the Award is forfeited under this Section, the amount of the Bid Guaranty of the forfeiting Bidder will be retained by the Village, not as forfeiture or a penalty, but as liquidated damages. 3.9 W IT H D RAWAL O F A BIP A Bidder may withdraw its Bid at any date and time prior to the time the Bids are scheduled to be opened. Notice of withdrawal shall be emailed directly to the Village Procurement Division, at procurement@keybiscayne.fl.gov. 3.10 FA M IUAR llY W IT H LAWS The Bidder is assumed to be familiar with all applicable Federal, State, and local laws, ordinances, rules, and regulations that may in any manner affect the Work. 3.11 ASS IGNMENT. N O N-TRA NSFERA BILITY OF BIO A. Bids shall not be assigned or transferred. A bidder who is, or may be, purchased by or merged with any other corporate entity during any stage of the bidding process, through to and including awarding of and execution of the Agreement, is subject to having its bid disqualified as a result of such transaction. The Village Manager shall determine whether a bid is to be disqualified in such instances. B. If, at any time during the bidding process, filings, notices or like documents are submitted to any regulatory agency concerning the potential acquisition of bidder, or the sale of a 15 School Crossing Guard Services - 1TB # 2023-10 controlling interest in the bidder, or any similar transaction, the bidder shall immediately disclose such information to the Village. Failure to do so may result in the bid being disqualified, at the Village's sole discretion. 3.12 TI M E AN D AWAR D Bids shall be held firm for ninety {90) days from the date of bid opening to allow for the Village review, award, and execution of the Contract. No modifications shall be submitted by Bidder or accepted by the Village. 3.13 AWA RD O F C O NTRA CT The Award of the Contract will be to the lowest Responsive and Responsible Bldder(s), whose qualifications indicate the Award will be in the best interest of the Village and whose Bid(s) complies with the requirements of these specifications. The Village, as part of its evaluation may perform an examination of the Bidder's facilities, including, but not be limited to, all properties operated by the Bidder, all equipment used in the performance of business by the Bidder, and/or any other evidence, tangible or intangible, that the Village may deem necessary to substantiate the technical and other qualifications, and the abilities of the Bidder to perform the Work. In no case will the Award be made until all necessary investigations have been made into the responsibility of the Bidder(s) and the Village Manager is satisfied that the Bidder is qualified to do the Work and have the necessary organization, capital and equipment to carry out the Work in the specified timeframes. In evaluating responsibility, the Village may also consider previous contracts with the Village, past performance and experience with other contracts, compatibility of the project team with Village personnel, and any other criteria deemed relevant by the Village. If the successful Bidder to whom a Contract is awarded forfeits the Award by failing to meet the conditions of award, the Village may award the Contract to the next lowest Responsive and Responsible Bidder or reject all Bids or re-advertise the Work. 3.14 BO N DS A Performance and a Payment Bond for the full amount of the Contract, shall be required in connection with this Contract. 3.15 IN S U RAN C E REQ UIREM ENTS Bidder shall secure and maintain throughout the duration of the Contract, if selected, insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents and volunteers naming the Village as additional insured. Any insurance maintained by the Village shall be In excess of the Bidder's insurance and shall not contribute to the Bidder's insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Village as it deems necessary or prudent. Copies of Bidder's actual Insurance Policies as required herein and Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured. Each Policy and certificate shall include no less than (30) thirty-day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. All coverage forms must be primary and non-contributory and the Bidder shall provide a waiver of subrogation for the benefit of the Village. The Bidder shall be responsible for assuring 16 School Crossing Guard Services - 1TB # 2023-10 that the insurance policies and cert ifi cates required by this Sect ion rem ain in fu ll fo rce and effect fo r the duration of the Project . a) Com m ercial General Liabili ty coverage w ith lim its of liability of not less than a $1,000,000 per O ccurrence com bined single lim it fo r Bodily Injury and Property Dam age. This Liability Insurance shall also incl ude Com pleted O perations and Pro duct Liability coverages and elim inate the excl usion w ith respect to propert y under the care, custody and control of Bidder. The General Ag gregate Li abili ty lim it and the Product s/Com pleted Operations Liability Aggregate limit shall be in the am ount of $2,000,000 each. b) W orkers Com pensation and Em ployer's Liability insurance, to apply fo r all em ployees fo r statutory lim its as required by applicable State and Federal law s. The policy (ies) must include Em ployer's Liability w ith m inim um lim its of $1,000,000.00 each accident. No em ployee, subcontractor or agent of the Bidder shall be allowed to provide Serv ices pursuant to this 1TB who is not covered by W orker's Com pensation insurance. c) Business A utom obile Liability w ith m inim um lim its of $1,000,000.00 per Occurrence, co m bined single lim it fo r Bodily Injury and Pro perty Dam age. Coverage must be afforded on a fo rm no m o re restrict ive than the latest edition of the Business Autom obile Liability policy, w itho ut restrict ive endorsem ents, as filed by the Insurance Serv ice Office, and must include O w ned, H ired, and Non- O w ned Vehicl es. 3.16 EXECUTION OF CONTRACT The successful Bidder(s) shall, w ithin ten (10 ) days of receipt of a w ritt en notice of the Award of the C ontract , deliver to the V illage a fully executed Contract and all requested certifi cates of insurance and bonds. 3.17 EXA MINATION OF CONDmONS It shall be the Pro poser's responsibili ty to visit the pro posed work site(s) and to thoroughly familiarize him self w ith the nature and ext ent of the work to be perf orm ed and all local existing site conditions, to m ake his ow n estim ate of the fa cili ties and diff iculties att ending the execution of the work; no allowance shall be m ade by the V illage fo r the Pro poser's fa ilure to do so. END OF SECTION 17 S c h o o l C r o ss in g G u a r d S e rv ic e s - IT B # 2023-10 SECTION 4. GENERAL REQUIREMENTS 4 .1 RETE NT IO N O F PRO POSAL The Village reserves the right to retain .all Proposals submitted and use any ideas contained in any Proposals, regardless of whether that Bidder is selected. 4.2 PUBLIC RECORDS Florida law provides that municipal records should be open for inspection by any person under Chapter 119, F.S. Public Records law. All information and materials received by the Village in connection with Proposals shall become property of the Village and shall be deemed to be public records subject to public inspection. 4.3 LO B BYIST REGIST RATI O N Respondents must comply with the Village's lobbyist regulations. Please contact the Village Clerk at (305) 365-5506 for additional information. 4.4 PER M ITS , TAX ES. LI C ENSES The Vendor shall, at its own expense, obtain all necessary permits, pay all licenses, fees and taxes required to comply with all local ordinances, state and federal laws, rules, regulations and professional standards that would apply to this contract. 4.5 LA WS , O RD INA N CES The Vendor shall observe and comply with all federal, state, and local laws, including ordinances, rules, regulations and professional standards that would apply to the contract. 4.6 SC R UTI N IZED CO M PAN IES Pursuant to Section 287.135, Florida Statutes, a Proposer is ineligible to, and may not submit a Proposal for, or enter into or renew a contract with VILLAGE for goods or services if at the time of submitting a Proposal for a new contract or renewal of an existing contract: A. for any contract amount, if the Proposer is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; B. If $1 million or more and the Proposer is on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or C. if $1 million or more and the Proposer is engaged in business operations in Cuba or Syria. 4.7 N O N -A PPRO PR IATIO N O F FU N DS In the event that insufficient funds are appropriated, and budgeting or funding is otherwise unavailable or not allocated in any fiscal period far the Agreement, the Village shall have the unqualified right to terminate the Work Order(s), and/or Agreement, upon written notice to the Successful Proposer, without any penalty or expense to the Village or recourse against the Village. No guarantee, promise, warranty, or representation is made that any work or project(s) will be assigned to the Successful Proposer. 18 S c h o o l C r o s s in g G u a r d S e rv ic e s - 1TB # 2023-10 4.8 PUBLIC ENTITY CRIMES Aq In accordance w ith the Public Entity Crim es Act , (Sect ion 287.13 3, Florida Statutes) a person or affiliate w ho is a contract or, w ho had been placed on the convict ed vendor list fo llowing a convict ion fo r a public entity crim e m ay not subm it a bid on a contract to pro vide any goods or serv ices to the Village, may not subm it a bid on a co ntract w ith a public entity fo r the constru ct ion or repair of a public building or public w ork, m ay not subm it bids on leases or real property to the Village, may not be awarded or perform work as a contract or, supplier, subcontract or, or CO NTRACT OR under a contract with any public entity , and may not transact business w ith the Vill age in excess of the threshold am ount provided in Sect ion 287.917, Florida Statutes, fo r Ca tegory Tw o fo r a period of 36 m onths fo rm the date of being placed on the convict ed vendor list. V iolation of this sect ion by the Co ntract or shall result in rejection of the Bid, term ination of the contract , and m ay cause Contract or debarm ent. 4.9 KEY PERSONNEL Subseque nt to subm ission of a Proposal and prior to aw ard of an Ag reem ent, Key Personnel shall not be changed. Proposers shall not change any m em ber of their Key Pers onnel without just cause and prior w ritt en approval by the Vill age. Th e Village reserv es the right to request additional documentation, as required by the RFP prior to m aking its determ ination. If the Village does not accept the proposed change(s), the Proposal m ay be reject ed and not considered fo r aw ard. 4.10 E-VERIFY Successfu l Bidder shall utilize the U.S. Depart m ent of Hom eland Security 's E-Verify system to verify the em ploym ent eligibility of all new em ployees hired by the Contract or during the term of the Contract and shall expre ssly require any Subcontract or perf orm ing w ork or pro viding services pursuant to the Contract to likew ise utili ze the U.S. D epart m ent of Hom eland Security's E~Verify system to verify the employment eligibili ty of all new em ployees hired by the Subcontract or during the Contract term . 4.11 CONFLICT OF INTEREST Proposers, by responding to this RFP, cert ify that to the best of their knowledge and belief, no elected/appointed off ici al or em ployee of the Village is financially interested, direct ly or indirect ly, in the purchase of goods/serv ices specified in this RFP. Any such interests on the part of the Proposer or its em ployees shall be disclosed in w riting to the Village. Further, Pro posers shall disclose the nam e of any Village em ployee w ho ow ns, direct ly or indirect ly, an interest of five percent (5%) or more of the total assets of capital stock of the Proposing firm . 4.12 DEBARRED/SUSPENDED VENDORS An entity or aff iliate w ho has been placed on the State of Florida or Federal debarred or suspended vendor list m ay not: a) subm it a Pro posal on a contract to provide goods or services to a public entity ; b) may not subm it a Proposal on a contract w ith a public entity fo r the construct ion or repair of a public building or public w ork; c) m ay not subm it a Proposal on leases of real property to a public entity; d) m ay not be aw arded or perf orm w ork as a contract or, design-builder, supplier, subcontract or, or consultant under contract w ith any public entity; and e) m ay not transact business w ith any public entity. 4.13 NON-DISCRIMINATION Pro poser agrees that it shall not discrim inate by race, gender, color, age, religion, national origin, marital status, or disability in connect ion w ith its perf orm ance under this RFP. Furthermore, Proposer agrees that no otherw ise qualifi ed individual shall solely by reason of his/her race, gender, color, age, religion, national origin, m arital status, or disability be excl uded from the participation in, be denied benefits of, 19 School Crossing Guard Services - ITB # 2023-10 or be subjected to, discrimination under any program or activity called for or required in connection with services rendered under this Agreement. 4 .14 UNETHICAL BUSINESS PRACTICE PROHIBITIONS Proposer represents and warrants to the VIiiage that it has not employed or retained any person or company employed by the Village to solicit or secure the award of the Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind, contingent upon or in connection with, the award of the Contract. 4 .15 A DD ITI O N A L TER M S AN O CO NOm O N S No additional terms and conditions included with the Proposal shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted purposely, through either intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists, or warranties, it is understood and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Proposer's authorized signature affixed to the Proposer's acknowledgment form, attests to this. 4.16 CO N E O F SILENC E To ensure fair consideration for all Proposers, a Cone of Silence is encourage starting on the due date of the proposal submission. Proposers are asked not to communicate any department, division, or employee from the submission package concerning the proposal until an award decision has been made. Any communication between Proposer and the Village in order to obtain Information or clarification needed to develop a proper, accurate evaluation of the proposal should be conducted through the Village Procurement Officer, Daren Jairam at djairam@keybiscayne.fl.gov or 12rocurement@keybiscayne.fl,gov. END OF SECTION 20 School Crossing Guard Services - 1TB # 2023·10 SECT IO N S. FORM S, AFFIDAVITS, AND ATT ACHM ENTS FO RM 1 RESPONSE CHECKLIST Fo rm 1: Response Checklist Fo rm 2: Addendum Acknowledgment Fo rm 3: Certificate of Authority (Complete one of the two forms as applicable) • Form 3A: Certificate of Authority (for Corporations or Partnerships) ,-;) Form 3B: Certificate of Authority (for Individuals) Form 4: Proposer's Statement of Organization D Form 5: References D Form 6: Affidavits • Form 6A: Single Execution Affidavits •v Form 6B: Independence Affidavit y Form 6C: Non-Collusion Affidavit ~ Form 7: Drug Free Workplace ~ Form 8: Certification to Accuracy of Proposal ~ Form 9: Scrutinized Co mpanies GJ..----"" Form 10: Public Entity Crimes ~ Form 11 : Dispute Disclosure D Form 12: List of Proposed Subcontractors ! Form 16: Certificate of Insurance D Form 17: Company Qualification Questionnaire ATT ACHMENTS 0 A: Draft Contract EXHIBITS A: Scope of Services [J B: Fee Schedule/Price Proposal 21 School Cross ing Guard Serv ices - ITB # 2023·10 FORM2 ADDEN D U M ACKN O W LEDGEM EN T Solicitation Title: SCHOOL CROSSING GUARD SERVICES Solicitation No.: RFP # 2023-10 Li sted below are the dates of issue fo r each A ddendum received in connect ion w ith this So lici tation: Addendum N o . Dated A ddendum N o. Dated A ddendum N o . Dated A ddendum N o. Dated Addendum No. Dated A ddendum N o. Dated A ddendum No . Dated A ddendum N o. Dated Addendum No. D ated Addendum N o . Dated A ddendum N o . Dated 1il-N o A ddendum issued fo r this Solicitation Fi rm 's Name: G:\l<',~¼' C;,v'S'S:'j' J 9=J, /.-/£ '-:? J ,_~ ~ A utho rized Representative's Nam e: V G ~ jc;'~ ~s Title: OwV<e C Em ail:-------------------------------- Phone N um b er: (305) 8 <j'l ·-L./.{,;ZD A utho rized Signature: ~Aft ~(.0 22 School Crossing Guard Services - ITB # 2023-10 1. FORM 4 PROPOSER'S STATEMENT OF ORGANIZATION ~Name of f~se~ ~c-4(", c~Je-9\ f ~er <"k · "_!U~-:S. 2. Principal Business Address, Phone and Email Address: ae: ~ w ~~ ~.V>Y f: 3. Principal Conta ct Person(s): Ll. ~.~ ~ ~~~S:H& ·· CA\D~f~,~~!t2) 4. Form of Proposer (Corporation, Partnership, Joint Venture, Other): _b, . If a corporation, In w. ha. t state rcorporated: Date Incorporated: 03/o t t?oc.? . Federal ID Number (EIN) ~- l 3'f Z..50C) If a joint Venture or Partnership, date of Agreement: .,..AJ..,,,._.(_..&....,.,._. _ A. B. C. D. 5. E. Name and address of all partners (state whether general or limited partnership): !A.._.~1-'l'l~~-------------------- F. If other than a corpora Ion or partnership describe, organization and name of principals. - - "" ~ · - 0 ·" e:?c{ "-v-~\ ". <cK ~~rtfl_"\c.>"8. Provide names of principals or officers as appropriate and provide proof of the ability of the individuals so named to legally bind proposer. ,..~am e . r.--:>. . Ti tle ~"'~ :\<fry,>F~ Q_u ~~ 6. 7. Indicate the number of years' proposer has had current continual successful experience performing work of a similar scope relevant to this 1TB Agreement. _ List all entities participating in this Agreement (including subcontractors If applicable): A ame -. ·· Addres s Title A .. · \AU "'.::1'-- l}s=tc;. ~~ir7:> Zot '.S· W ~ k~~ Qu)thf, r- B. ~~Mt.:.,£._ ~:5,~ ~. C. D. 8. Outline specific areas of responsibility for each entity listed in Question 7. A. O w i;C B. ~2:£: 25 School Crossing Guard Services- ITS# 2023-10 C. D. 9. Municipal:----------------------------- 10. Have you ever failed to complete any work awarded to you? Yes N o ~ If yes, attach a separate sheet of explanation. 11. Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement? Yes N o ~ If yes, attach a separate sheet of explanation. 12. Within the last five years, have you ever had a performance, payment or bid bond called? Yes No ..::f::::._ If yes, attach a separate sheet of explanation. 13. Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration againstthe Village? Yes No ..X If yes, attach a separate sheet of explanation. 14. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity? Yes N o _::I:::._ If yes, attach a separate sheet of explanation. 15. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or Its subsidiaries been Involved in any litigation or arbitration against any private entity for an amount greater than $100,000? Yes No ..:::6,_ If yes, attach a separate sheet of explanatlon. 16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years? Yes No ..:f::.. If yes, attach a separate sheet of explanation. 17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted and/or fined for any criminal activity within the last five years? Yes No ':l::::.. If yes, attach a separate sheet of explanation. 18. Within the last five years, have you, any officer or partner of your organization, or the organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office? Yes No L If yes, attach a separate sheet of explanation. 19. Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, 26 School Crossing Guard Services- 1TB # 2023·10 criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity? Yes No :,(,_ If yes, attach a separate sheet of explanation. 20. Within the last five years, have there been any reports or audits relating to you, any office or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office. Yes No ...if: If yes, attach a separate sheet of explanation. 21. Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of Interest. Yes No~ If yes, attach a separate sheet of explanation. Print Name D.v «<...r- Title D'-\ \ -z_ '1 \ <Q '23 ate STATE OF flo"'f6r-­ COUNTY OF I-{!~ .. ~~ The foregoing instr~ment was acknowledged before me this~ day of ::f=;~<::f l . 2~ by 2SiS:'!'05~:1\t X~~~ __ _ as ~O~,.P.~"'=- ~c ...... c _ (Name of person ackn;1H"1ging} (Title} for h.dk eo~~Pc"Si ~ N:c!, ill\ (Comp~ny name} ..J Personally known to me::{__ or has produced Identification___, type of identification produced _ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC t / '1 ~ .. ~ ==£~0,!), , TY~MP NAME OF NOTARY : ,.: •... : • · ,:m06!~ i;X}lli.;.:$: .I.,)' ;:1, :020 t I 27 School Crossing Guard Services- !TB# 2023-10 FORMS C LI EN T R EFER EN CES IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, CONTRACTOR TO PROVIDE A MINIMUM OF THREE REFERENCE LITTERS. PRINT CLEARLY REFERENCE #1 N a m e of C om p any : f: 0.ffi ~;j ~09,$ '~ R efe rence Con ta ct N am e: l-4_, 9Ja&,nso ~().("\\j ContactTltle: L('c ee, ,n@ Ge. i,,,c;,nd co n tact Tele p ho ne : l ~) · ~~ ctG C o n tact Em ail: _ Co n tract Sta rt D ate: 09- \J-~ . 4..3 Contract End Date: Q, - 09 -dl,3 REFERENCE #2 N a m e of C om pan y: _ R eference Co n ta ct N am e: _ Co n tact T itle: _ C o n tact Te lep h on e: _ C o n tact Em a il: _ C ontract Start D ate: _ Contract End Date: _ REFERENCE #3 N am e of C om p an y :. _ R efe rence Co nta ct N am e: _ Co n tact Ti tle: _ Co n tact Te le ph on e: _ Contact Em a il: _ C o n tract Sta rt D ate: _ Contract End Date:-,,...~ _ )'j' ..,,..,.__, • I '. I'. ·· .• ii'., '. "· ({'. ! · .... ,- . . : · 1 .- , r ,\ ,; ; : :/~',: ,' : ~ ... :- .. • , . tt . .J .... , ,,~ ··• • ... -~ ~/ ~ . J ·• .... ~II,. ... f 28 Schoo l Crossing G uard Serv ices - 1T B # 2023-10 REFERENCE #4 Name of Company:. _ Reference Contact Name:-------------------~---~-­ Contact Title:------------------------------- Contact Telephone: ~----------------------- Contact Email: _ Contract Start Date: _ Contract End Date: _ REFERENCE #5 Name of Company:. _ Reference Contact Name: _ ContactTftle: _ Contact Telephone: _ Contact Email: _ Contract Start Date: _ Contract End Date: _ 29 School Crossing Guard Services - ITB # 2023-10 FORM6A SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED ANO SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFfCIAL AUTHORIZEO TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE PROPOSER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE PROPOSER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE PROPOSER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A PROPOSAL/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE VILLAGE OF KEY BISCAYNE AND ARE ST,P.,EIVIENTS M;\~:l_ sy: \":;)4<"'·<"-dt!fk Tt:1t 3vr~ For (Name of Proposing or Bidding Entity): if'e-,,...; ¼Cwss.' "'.5 ~J, • 1-.Lc Whose business address is: 202 S-w ~ ~Je,c,)R \ i\fc... ,:r,j\ a ·3i~ \30 And (if applicable) Its Federal Employer Identification Number (FEIN) is: ?.ff;- \?'J?SoQ (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: !) <.\5 f1 \'5 C O C\n d '5C\"6CJG ()Ql\<c> } Americans with Disabilities Act Compliance Affidavit The above-named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third-party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities , renovations, and new construction. • Th e American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210 11 2213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title Ill, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • Th e Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501- 553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; • Th e Federal Transit Act, as amended 49 USC Section 1612; • Th e Fair Housing Act as amended 42 USC Section 3601-3631. Proposer Initials 30 School Crossing Guard Services- !TB# 2023-10 Public Entity Crimes Affidavit I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, 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 aef!nr;y or pollttcal suhdlvision of ,my other state or of tha UnitP.rf 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 material misrepresentations. 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 crime, 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, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; 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 "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one 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 person 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), Florida 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 transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) Vi Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. [ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives partners, 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, 1989. 31 S ch o o l C ro s sin g G u a rd Se rv ice s - IT S # 2023-10 ( ] The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, 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, 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 final order). I understand that the submission of this form to the contracting officer for the public entity identified In paragraph 1 above is for that public entity only and that this form is valid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for category two of any change in the information contained in this form. Proposer Initials No Conflict of Interest or Contingent Fee Affidavit Proposer warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Proposer also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County conflict of Interest or code of ethics ordinances. Further, Proposer acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Proposer should the Proposer be selected for the performance of this contract. Proposer Initials Business Entity Affi davit Proposer hereby recognizes and certifies that no elected official, board member, or employee of the Village of Key Biscayne (the" Village") shall have a financial interest directly or indirectly In this transaction or any compensation to be paid under or through this transaction, and further, that no Village employee, nor any elected or appointed officer (Including Village board members) of the Village, nor any spouse, parent or child of such employee or elected or appointed officer of the Village, may be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no such Village employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Proposer. Material Interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any exception to these above-described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by Village. Further, Proposer recognizes that with respect to this transaction or bid, if any Proposer violates or is a party to a violation of the ethics ordinances or rules of the Village, the provisions of Miami-Dade 32 School Crossing Guard Services - ITS# 2023-10 County Code Section 2-11.1, as applicable to Village, or the provisions of Chapter 112, part 111, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to Village. Proposer Initials Anti-Collusion Affidavit 1. Proposer/Bidder has personal knowledge of the matters set forth in its Proposal/Bid and is fully informed respecting the preparation and contents of the attached Proposal/Bid and all pertinent circumstances respecting the Proposal/Bid; 2. The Proposal/Bid Is genuine and is not a collusive or sham Proposal/Bid; and 3. Neither the Proposer/Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Proposer/Bidder, firm, or person to submit a collusive or sham Proposal/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer/Bidder, firm, or person to fix the price or prices in the attached Proposal/Bid or of any other Proposer/Bidder, or to fix any overhead, profit, or cost element of the Proposal/Bid price or the Proposal/Bid price of any other Proposer/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Village of Key Biscayne or any person Interested in the proposed Contract. Proposer Initials Scrutinized Company Certification 1. Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Village may immediately terminate the Agreement that may result from this 1TB at its sole option if the Proposer or its subcontractors are found to have submitted a false certification; or if the Proposer, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this 1TB is for more than one million dollars, the Proposer certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the Village may immediately terminate the Agreement that may result from this 1TB at its sole option if the Proposer, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Proposer, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. School Crossing Guard Services- ITS# 20 23-10 3. The Propo ser ag rees to observ e the above requirem ents fo r applica ble subcontract s entered into fo r th e perform ance of w ork under the Ag reem ent that m ay result from this 1T B. As provided in Subsect io n 28 7.13 5(8), F.S., ff federal law ceases to authorize the above-stated contract ing pro h ib iti o ns then they shall becom e inoperative. Prop oser In itials Acknowledgment. Warranty, and Acceptance 1. C O N T RA CT O R w arrants that it is w ill ing and able to com ply w ith all applicable st ate of Florida law s, rule s and regu lations. 2. C O N TRA CT O R w arrants that it has read, understands, and is w ill ing to com ply w ith all requirem ents of 1TB # 2023-10 SCHOOL CROSSING GUARD SERVICES and any addendum /addenda related thereto. 3. C O N T RA CT O R w arrants that it w ill not delegate or subcontract its responsibilities under an agreem ent w ith out the prio r w ritt en perm ission of the V illage Council or V ill age M anager, as applicable. 4. C O N T RA CT O R w arrants that all info rm ation provided by it in connect ion w ith this Proposal is tru e and accurate . Propo se r Initials Truth In Negotiation Certification T he C O N T R A CT O R he reby cert ifi es, covenants, and w arrants that w age rates and other fa ct ual unit costs su pp o rt in g the com pensation fo r this project's agreem ent are accurate, com plete, and current at the tim e of co ntract ing. The C O N T RA CT O R furt her agrees that the original agreem ent price and any additions thereto shall be ad justed to excl ud e any signifi cant sum s by w hich the VIii age det erm ines the agreem ent price w as increase d due to in accurate, incom plete, or noncurrent w age rates and other fa ct ual unit costs. All such agree m e nt adjustm e nts shall be m ade w ithin (1) year fo llow ing the end of the contract. Fo r purposes of th is cert ifi cate , the en d of the agreem ent shall be deem ed to be the date of the final billing or acceptance of the w ork by th e Vill age, w hic hever is later. R esp onden t Initials Sworn Signature of Proposing Entity Representative and Notarization for an above Affidavits follows on the next page 34 School Crossing Guard Services - 1TB # 2023-10 FORM6C NO N -CO LLUSION A FFID AVIT The undersigned individual, being duly sworn, deposes and :.cty:. that: 1. ~~~~~~- of ~ ~ c',ro~,~ ~ Ur .. hed proposal; ~. 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Such proposal is genuine and is not a collusive or sham proposal; 4. Neither said proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other proposer, firm or person to submit a collusive or sham proposal In connection with the Agreement for which the attached proposal has been submitted or to refrain from proposing in connection with the Agreement, or has in any manner, directly or indirectly, sought by agreement of collusion or communication of conference with any other proper, firm, or person to fix the price or prices in the attached proposal, or of any other proposer, or to fix any overhead, profit or cost element of the proposal or the response of any other proposer, or to secure through any collusion, connivance, or unlawful agreement any advantage against the Village of Key Biscayne, Florida, or any person interested in the Agreement; and 5. The response to the attached 1TB is fair and proper and is not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. • • I" • • ~ ... , \.,..-.• > > ,. .. 38 School Crossing Guard Services - 1TB # 2023-10 Signature (Blue ink only) ~£¼¢;~'. :;pd!?JVt~ Print Name Title Date STATE OF ~(o.,.-~ COUNTY OF }...,\:"iA,.....t-~ck The foregoing instrument was acknowledged before me this 21_ day of ~a\ by~Pc:n.1~"£-jqe-;:i as_C).._.-....,.y.."""''.)...._,t,E,.:&.....>.C _ .20-') (Name of person acknowledging) for So.i.:A\1 Cro,$$~':j <;,~, LLC. (Company name) (Title) Personally known to me.:::£.,__ or has produced Identification-----' type of identification produced _ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC ,, ... ~··· ~ .. ,, ... \ I ·,1., •. ' f•• <(-I :• \jfi'·:· . .::.- ·,.4:.~·: ,/ ·······:.:.... KMLAC. SIMPSOH • ~: <;OMMISS~ II HH 290t13 1..<1-t:, .:,: •'•~Y 21, 2026 , 37 S c h o o l C ro ssin g G u a rd S e rv ice s - !T B # 2023-10 FORM 7 DRUG FREE W ORKPLA CE The undersigned pro poser in accordance w ith Chapter 287.087, Florida Statutes, hen~by certlfles that ~<;nc:g,~:ft-:e;:Jug;& does: (N am e of proposer, 1. Pub lish a state m ent notify ing em ployees that the unlaw ful m anufa cturing, distribution, dispen sing, po ssessio n, or use of a co ntrolled substance is prohibited in the workplace and speci fy ing the act io ns that w ill be taken against em ployees fo r violations of such prohibition. 2. Info rm em p lo yees about the dangers of drug abuse in the workplace, the business's policy of m aintaining a drug-fr ee w orkplace, any available dru g counseling, rehabili tation, and em ployee assistance program s, and the penalties that m ay be im posed upon em ployees fo r drug abuse violatio ns. 3. G ive each em ployee engaged in pro viding the contractual serv ices described in the RFP do cum ent a co py of the statem ent specified in subsect ion (1). 4. In the statem ent speci fi ed in subsection (1), notify the em ployee that, as a condition of w orking on the co ntractual serv ices described in the RFP or the Agreem ent, the em ployee will abide by the term s of th: . .!~at~n:?,~~~ ~n~,\:Yll!-np tify ~h&e fll ployer of any conviction of, or plea of guilty or --·-•• -.- ~ .... .,..,.,. I\ no lo co ntendefe to,~_IDt.,,'(A9!~,iQ01of Ch?tfi~er ~~~ or of any contro lled su bsta nee law of the United States or any s~t~/ !t:~ ~~l,R~~,'~tdur~"~'.!F.d ~ w orkplace no later than five (S) days after such co nviction. t. · . .'-- .; ., .. ·, , ,..;.,_~;,,_,,, .... t •"· .... ., 5. Im pose a sanct ion on or require the satisfa ctory part icipation in a drug abuse assistance or rehab ili tatio n program if such is available in the em ployee's com m unity , by any em ployee who is so co nvicted. 6. M ake a good faith effo rt to continue to m aintain a dru g-free workplace through im plem entation of this sectio n. 7. As the perso n authorized to sign the statem ent, I cert ify that this firm com plies fully with the above requirem e nts. 40 School Crossing Guard Services- lTB # 2023-10 Print Name G.:O N:£6'.: Title ;1 \.zn l ·c'.0 ?.3 Date 7J STATE OF.sfb,..e~ ) COUNTY OF ~?"".A-~~de ) ~ \ The foregoing instrument was acknowledged before me this 72]_ day of dl(re b~~ ~~u~~ as__,,Qs_· --~--'--c-....,,__ _ (Name of person ackno:;J;ng) (Title) for tq...,,.;4 CroSt"S~,~ 9-,) or-cl LLG (Company name) - -- ,20~ Personally known to me .::J..__ or has produced Identification__, produced ...,~~-:a:;·-•jloo·•- ..... __ ,:._ type of identification (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC l:;~l~~s~ PRINT, TYPE/STAMP~~ KARI.AC. SIMPSON MV COMMISSION# HH ~13 EJ<PIRE S: Jlly 21, 2028 \ • 39 School Crossing Guard Services- !TB# 2023-10 FORM8 CERTIFICA TION TO ACCURA CY OF PROPOSAL The proposer, by executing this form, hereby certifies and attests that all forms, affidavits and documents related thereto that it has enclosed in the proposal in support of its proposal are true and accurate. Failure by the proposer to attest to the truth and accuracy of such forms, affidavits and documents shall result in the proposal being deemed non-responsive and such proposal will not be considered. By submitting a proposal to do the work, the proposer certifies that a careful review of the RFP and the Agreement has taken place and that the proposer is fully informed and understands the requirements of the RFP and the Agreement and the quality and quantity of service to be performed. The undersigned individual, being duly sworn, deposes and says that: .-..u..;:........__~---~~- ......___ of \;.....!l\i c~~">" f'f\ ~uf:rliL c ched proposal; \ ....J 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all forms, affidavits and documents submitted In support of such proposal; 3. All forms, affidavits and documents submitted in support of this proposal and included in this proposal are true and accurate; 1. He/She is 4. No information that should have been Included In such forms, affidavits and documents has been omitted; and 5. No information that Is included in such forms, affidavits or documents is false or misleading. STATE OF ~{o0~ ) CO U NTY O FL ,h .... ~ --1::»-Ji) The foregoing instrument was acknowledged before me this.b?]__day of _~,_,...- .. a ........ \ __ _,. 20~ by ~0s:~~~0_9q6, (Name of person acknowle~ing) as 0="1 ::£;,£, S:: (Title) for~~ c~ss~~ ~d ae6, I .L..Lc. (Com any name) Personally known to me:::£.__ or has produced Identification ____,J type of identification produced _ SIGNATURE OF NOTv PUBLIC PRINT, TYPE/STAMP NAME OF NOTARY 42 School Crossing Guard Services- ITS# 2023-10 Signature (Blue Ink onl ~ Print Name Title Date STATE OF f'/0,~ COUNTY OF µ_,"T'o-w-~-1:t,.J,e The foregoing instrument was acknowledged before me thisll_ day of ~:d\ by ~,cn ~ ~',j'>c'> as Q,..;i"°"' r • __ • 20,?J {Name of person acknowledging} tor :&;~.,.,;.\1 C,,¾S/1_:j §'..i4.,JJ,£: (Company name) {Title) Personally known to me _;;b_ or has produced Identification_, type of identification produced _ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC PRINT, TYPE/STAMP~E OF ' 41 ., ' .,. • "! '·1 1 , •• 1, ' I " ,·' 1',,\c . , ... ,: ...... ),!, p.j Sc h o o l C ro ss in g G u a rd S e rv ice s - !T B # 20 2 3 ·10 FORM 10 PUBLI C EN TITY CRIM ES Sworn Statement Under §287.133(3)(a), Florida Statutes (This fo rm m ust be signed in the presence of a notary public or other offi cer authorized to adm inister oaths.) 1. This sworn statement is submitted with Bid, Proposal or contract No. _ w hose business address Is: Federal Identification N um ber (FEIN ) is: Soci al Sec urity Num ber: (if applicable) (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) 3. My name is: (print name of individual signing this document) and my relationship to the entity is:....,O._..· """....0::=.....,,.... .... '2""-'-r_· _ 4. I understand that a "public entity crime" as defined in §287.133(1)(g), Florida Statutes 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 with 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 material misrepresentation. • . ·~ ·. t , if '. 5. I understand that a "convicted" or "conviction" as defined in §287.lhdH~);' Florida Statutes, means a finding of guilt of a conviction of a public entity crime, with.~; w(~hol!t an ad)udic~tign 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, non-jury trial, or entry of a plea of guilty or nolo contendere. .,f• •r •. " 6. I understand that an "affiliate" as defined in §287 .133(1)(a), Florida Statutes means: (a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or 44 School Crossing Guard Services - 1TB # 2023-10 EQRM9 SCRUTINIZED COMPANIES The undersigned proposer in accordance with Section 287 .135, Florida Statutes, hereby certifies that: Proposer is not participating in a boycott of Israel; Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; Proposer does not have business operations in Cuba or Syria. _Signature (Bfue inkcfnly~ :JS~cca-$~1c-:3cJe~ Print Name O...o~r Title .:i\z1\~23 Date \ STATE OF COUNTY OF ) Th~ foregoing instrume~t w~s acknowledged before me this ..£1.. day of ¾if\ . 2oi;> by~ c ec- Jc1f;,5:r?4"'< ~1 i:5' as _,0"""'""".;)=..o\t::t........,_,..,._c _ -· (Name of person ~ckno~~ (Title) for£~A,~$1~ ~,~ t LLC . {Company name) - Personally known to me ..::::t,__ or has produced ldentificatlon-J type of identification produced _ (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC KARI.AC, SIMPSON MY COMM ISS ION I HH 290&13 E)CPIRE$: Jt1f 21, 2026 43 School Crossing Guard Services - ITB # 2023-10 (b) A n entity und er the control of any natur al person w ho is active in the m anagem ent of the entity and w ho has been convict ed of a public entity crim e. The term "aff ili ate" includes those offi cers, direct ors, executives, part ners, shareho lde rs, em ployees, m em bers, and agents w ho are active in the managem ent of an affi liate. The ow nership by one person of shares constituting a contro lling interest in ano ther person, or a pooling of equipm ent or incom e am ong persons w hen not fo r fa ir m arket value under an arm 's length agreem ent, shall be a prim a­ fa ci e case that one person controls another person. A person w ho know ingly enters into a jo int venture w ith a person w ho has been convicted of a public entity crim e in Fl o rida during the preceding 36 m onths shall be considered an affi liate. 7. I unde rstand that a "person" as defined in §287.13 3(1}(e), Flo rida Statutes, m eans any natural perso n or entity organized un der the law s of any state or of the U nited States w ith the legal pow er to enter into a bind ing contract and w hich binds or applies to bids on contracts fo r the provisio n of goods or serv ices let by a public entity , or w hich otherw ise transacts or applies to transact business w ith a public entity . The term "person" incl udes those offi cers, directors, executives, part ne rs, shareholders, em ployees, m em bers, and agents w ho are act ive in m anage m ent of an entity. 8. Based o n the info rm ation and belief, the statem ent that I have m arked below is true in relation to the entity su bm itting this sw orn statem ent. (Please indicate w hich statem ent applies) a. .:L N either the entity subm itt ing the sw orn statem ent, nor any officers, direct ors, executives, part ners, shareholders, em ployees, mem bers or agents w ho are active in m anagem ent of the entity nor any affi liate of the entity have been charged w ith and convicted of a public entity crim e subsequent to July 1, 1989. b. __ The entity sub m itt ing this sw orn statem ent, or one or m ore of -the offi cer s, directors, executives, part ners, shareholders, em ployees, tn im bers or agents-who' are active in m anagem ent of the entity , or an affi li~te of the entity has be~n charged w ith and co nvicted of a public entity crim e subsequent to July 1, 1989, and (Please indic ate w hich add itional statem ent applies) 1) __ There has been a pro ceeding concern ing the conviction befo re a hearing offi cer of the State of Florida, Division of Adm inistrative Hearings. The final o rder entered by the hearing off icer did not place the person or affi liate on the convict ed vendor list. (Please att ach a copy of the final order) 2) __ The person or affi liate w as placed on the convicted list. There has been a subseque nt proceeding befo re a hearing off icer of the State of Florida, Divisio n of A dm inistrative Hearings. The final order entered by the hearing off ic er determ ined that it w as in the public interest to rem ove the person or aff iliate fr o m the convicted vendor list. (Please att ach a copy of the final orde r) 45 S c h o o l C ro ss in g G u a rd S e rv ic e s - !T B # 20 2 3 ·1 0 3) __ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services) STATE OF lit(..o~ COUNTY OF J0 rc,....~-~ The foregoing instrument was acknowledged before me this _gy__ day of :A~~ bv b.00 .. J~~~' )C$. . • as __.C)~.....v ...... '-----=k. ...... C::------ .2~ (Nome of person acknowledging) for~~ csrt)~jZJ ~~"Ai, Uc {Company name) Personally known to me~ or has produced Identification__, type of identification (Title) produced . (NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC KAALA C.SlMPSO N MY COMM ISS ION # HH 2906 13 EXPIRES: ,l\tt21, 2026 PRINT, TYPE/STAMP NU0F . 46 School Crossing Guard Services - ITB # 2023-10 FORM 11 DISPUTE DISCLOSURE Answer the following questions by placing an "X" after "Yes" or "No''. If you answer "Ve~', pleose explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES N O .. f._ 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES N O :-/. 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES N O ')( If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the Village of Key Biscayne. Firm: r~.lt C«>s~'t ".3 ~--k<&. L-l-C Authorized Slgnature:~~ij!;:fjl~~D Print or Type Name: ~£or-. cJ~'Th.eJ ~ Title: Os.J?: ~~ Date: ~\ c.- \1 (co23 47 School Crossing Guard Serv ices- 1TB # 2023-10 FORM 12 FORM 13 FORM 14 FORM 15 FORM 16 INSURANCE AND LICENSE CERTIFICATES VILLAGE OF KEV BISCAYNE BIP PEfts REPRESENTAT ION SCHOOL CROSSING GUARD SERVICES Proposal of ~~"1 c.~~1 '"'::\ (;;da \ L,LC, (Name) (Address) to furnish all materials, equipment, and labor and to perform all work in accordance with the Contract Documents for: SCHOOL CROSSING GUARD SERVlaS ("THE PROJECT") TO: Village of Key Biscayne Attn: Village Clerk 88 West McIntyre Street, Suite 220 Key Biscayne, Florida 33149 The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interests in the Bid or the Contract to which the Work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making Bids or Proposals and that the Bid is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares that he or she has examined the geographic location and sites of the Work; that he has made sufficient investigations to fully satisfy himself that such sites are suitable for this Work; and he assumes full responsibility therefore; that he has examined the specifications for the Work and from his own experience or from professional advice that the specifications are sufficient for the Work to be done and he has examined the other Contract Documents relating thereto, including the Instructions to Bidders, the Contract, Bid, Detailed Scope of Work/Specifications, Qualification Statement, Public Entity Crime Form, and Insurance requirements 48 Scho o l C ro ss ing G uard Serv ic es- ITS # 2023-10 and he has read all addenda prior to the opening of Bids, and that he has satisfied him self fully, relative to all m att ers and conditions w ith respect to the W ork to w hich this Bid perta ins. The Bidde r pro poses and agrees, if this Bid is accepted, to tim ely execute the Contract w ith the Village in the fo rm att ached and to furn ish all necessary m aterials, all equipm ent, all necessary machinery , too ls, ap paratus, m eans of transport ation, and labor necessary to com plete the W ork specified in the Bid and the C ontract, and ca lled fo r by the dra w ings and specifications and in the manner specifi ed and to tim e ly sub m it all required bonds and insurance cert ificates. NOTE: THIS SCHEDULE OF BID ITEMS IS MEREL y ILLUSTRA nve OF THE MINIMUM AMOUNT/QUANTITY OF WORK TO BE PERFORMED UNDER THE CONTRACT. IN THE CASE OF ANY CONFLICT BETWEEN THIS SCHEDULE OF BID ITEMS AND THE DETAILED SPEC/FICA 710NS, THE DETAILED SPEC/FICA TIONS WILL PREVAIL The Bidder furt her proposes and agrees to com ply in all respect s w ith the tim e lim its fo r com m encem ent and com pletion of the W ork as st ated in the Contract . The Bidder agrees to execute the Co ntract and furn ish the executed Contract , all required bonds, insurance cert ificates, and other required info rm ation to Village w ithin ten (10) ten calendar days after w ritt en notice of the Aw ard of Co ntract . Failure on the part of the Bidder to timely com ply with this provision shall give V ill age all rights and rem edies set fo rt h in the Inst ruct ions to Bidders. The undersigned agrees to accept as full com pensation therefo re the total of the lum p sum prices and ext ended unit prices item s nam ed in the fo llow ing schedule. It is understood that the unit prices quoted or established fo r a part icular item are to be used fo r com puting the am ount to be paid to the Contract or, based on the W ork act ually perf orm ed as determined by the Contract and the Village. H ow ever, in utilizing the schedule, the Bidder agrees that in no event shall com pensation paid to the Bidder under the Contract exceed the dollar am ount of the Bidder's Bid am ount, as set fo rth in the att ached Bid. It is intended that all W ork to be perf orm ed under this Bid shall com m ence approximately thirty (30) days aft er Contract execution. In no event shall Vill age be obligated to pay fo r W ork not perf orm ed or materials not furn ished. Bidder's Cert ificate of C om petency No. _ Bidder's O ccup ational license No. _ W IT N ESS: By: _ Signature of Authorized Ag ent [SEAL] 49 School Cross ing Guard Serv ices - 1TB # 2023-10 FORM 17 CO M PA N Y Q UA LI FICA TIO N Q U ESTIO N NA IR E The undersigned guarantees the truth and accuracy of all statements and answers herein contained. 1. s: many years has your organization been in business? What is the I $t project of this nature you have completed? t- ~ - a::>2 3. Name three individuals or corporations for which you have performed work and to which you refer: 4. List the following information concerning all contracts on hand as of the date of submission of this proposal: (In case of co-venture, list the information for all co-ventures). NAME OF TOTAL CONTRACTED DATE % COMPLETION PROJECT OWNER CONTRACT VALUE OF COMPLETION TO DATE 5. Have you personally inspected the proposed w ork and have you a complete plan for its performance? ~'ii'> 6. Will 't'Ott sYelet aA 't' part ef this WOFl<:jl if so, please list SYB EO AtFae lioFs iR FORM 12, Ll§;F OF PROPOSED SUBCONTRAC+OR6. 7. What equipment do you own that is available for the work? ~\ li:;li.··~S~ 5fllt~2± ·5 . 8. What equipment will you purchase for the proposed work? Si, c~4<"f_f'~b~Ls ~- »fa::i ~ Y¾:- ~u;s:<: ~e 9. What equipment w ill you rent for the proposed work? so School Crossing Guard Services - ITB # 2023-10 11. The following is given as a summary of the Financial Statement of the undersigned: (List Assets and Liabilities, Balance Sheet and use insert sheet if necessary.) 12. Have you made a site visit? 't::::, Yes, No How soon after award can you begin work? .l\ky;----r- Day¥ 13. List any licenses, permits or certifications, etc., you hold for performing this type of work: ftorldtc: Sc~ot c~o'>slA> ~,d 1rc'.tn't ~:P(;(?(\a6:C0 CsJ!f~~ How did you hear about the 1TB? Indicate if it was via the Village's website, internet search, DemandStar, newspape rs, email, etc. The Village of Key Biscayne is always looking for ways to improve its services. The Bidder understands that the information contained in these proposal pages is to be relied upon by the Village in awarding the proposed contract, and such information is warranted by the Bidder to be true. The Bidder agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Bidder, as may be required by the Village. Please review the Bidder Proposal Page to make sure all questions have been answered. Attach additional sheets if necessary. Failure to answer each question could result in the disqualification of your bid. 51 Sc h o o l C ro ssin g G u a rd S e rv ice s - IT S # 20 2 3 •1 0 ATTACHMENT A SER V IC ES A G R EEM EN T BETW EEN TH E VILLAGE O F K EY BISCA Y N E A N D N A M E O F EN TI TY THIS AGREEMENT (this "Agreement'') is made effective as of the day of _ 2023 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the "Village"), and NAME OF ENTITY, a Florida (type of entity} (hereinafter, the "Consultant"). WHEREAS, the Village desires certain SCHOOL CROSSING GUARD SERVICES SERVICES; and WHEREAS, the Consultant will perform services on behalf of the Village, all as further set forth in the Proposal dated __, 2023, attached hereto as Exhibit "A" (the "Services"); and WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a fee for the Services; and WHEREAS, the Village desires to engage the Consultant to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the Village agree as follows: 1. Scope of Serv ices. 1.1. Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit "A" and Incorporated herein by reference (the "Services"). 1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables") to the Village. 2. Term/Commencement Date. 2.1. The term of this Agreement shall be from the Effective Date through three (3) years thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may renew this Agreement for two (2) additional one (1) year periods on the same terms as set forth herein upon written notice to the Consultant. 2.2. Consultant agrees that time Is of the essence and Consultant shall complete the Services within the term of this Agreement, unless extended by the Village Manager. 3. Compensatjon and Payment. 52 School Crossing Guard Services - ITB # 2023-10 3.1. Compensation for Services provided by Consultant shall be in accordance with the Proposal attached hereto as Exhibit "A." Consultant shall be compensated a flat rate, lump sum fee in the amount of $XXXX.XX per month. 3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the percentage of work completed for each task invoiced. The Village shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.3. Contractor's invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Consultant; 3.3.2. Purchase Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; 3.3.S. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.3,6. Name and type of Services; 3.3.7. Timeframe covered by the invoice; and 3.3.8. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection of the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov. 4. Subconsuftants. 4.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain responsibility for all work related to the Services. 4.2. Consultant may only utilize the services of a particular subconsultant with the prior written approval of the Village Manager, which approval may be granted or withheld in the Village Manager's sole and absolute discretion. S. VIii age's Responsibili ties . 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 53 School Crossing Guard Services - ITS# 2023-10 •u prese nce af: :~ Signed, sealed and delivered by: Witness #2 Print Name: Ho....,,....J cl :.ffr9uo Print Name:~~~~ ?( d3u~ Title: 0 r..D v'filr-C ACKNOWLEDGMENT State of Florida County of 8 f P':>C"! ~ On this 2,.:J day of~..J,- .. ~---' ... r_\ __,, 20~ before me the undersigned, personally appeare~c;CQ~G' ~.:;:' e j W ~ subscribed to the within instrument, and he/she/the , whose name(s) is/are Witness my hand and official seal: KAAI.AC, SIMPSOH MY COMMISSION# HH 290\MI EXPtr.ES: JIit 21, 2021 1 cuted it. Notary Public (Print, Stamp, or Type as Commissioned) )( Personally known to me; or ___ Produced identification (Type of Identification: _ '--{.. Did take an oath; or ___ Did not take an oath 35 School Cross ing Guard Serv ices- 1TB # 2023-10 6. Consultant's Responsibill tfes; Representations and W arranties. 6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a consultant under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Consultant's Deliverables or Services are incorrect, not properly rendered, defective, or fall to conform to Village requests, the Consultant shall at Consultant's sole expense, immediately correct its Deliverables or Services. 6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for Village as an independent contractor of the Village. Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first class manner. 6.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 1. conflict of Interest. 7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entitles (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village. 8. Term ination. 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days' written notice to the Consultant, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Consultant shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, 54 School Cross ing Guard Serv ices- ITS# 2023-10 naming the Village as an Additional Insured, underw ritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents, and volunteers naming the Village as additional insured. Any insurance maintained by the Village shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Co mmercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Co mpleted Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured (except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirty -day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the Village. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Ag reement and shall state that such insurance is as required by this Agreement. The Village reserves the right to inspect and return a certified copy of such policies, upon written request by the Village. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 5.5 Scho o l C ro ss in g G u a rd Se rv ic e s - !T B # 2023-10 9.3. A d d itional Insured. Except with respect to Professional liability Insurance and Worker's Compensation Insurance, the Village is to be specifically included as an Additional Insured for the liability of the Village resulting from Services performed by or on behalf of the Consultant in performance of this Agreement. The Consultant's insurance, including that applicable to the Village as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the Village shall be in excess of and shall not contribute to the Consultant's insurance. The Consultant's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the Village. The Consultant shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 9.5. The provisions of this section shall survive termination of this Agreement. 10. N ond iscrim ination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by atl Federal and State laws regarding nondiscrimination. 11. Att orney s Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Ind em n ification. 12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from Consultant's performance or non-performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Consultant and third parties made pursuant to this Agreement. Consultant shall reimburse the Village for atl its expenses including reasonable attorneys' fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising from Consultant's performance or non-performance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement. 56 S c h o o l C r o ss in g G u a r d S e rv ic e s - 1T B # 2023-10 13 . Notices/Authorized Representatfvn . A ny notices required by this Agreem ent shall be in w riting and sh all be deem ed to have been properly given if transm itt ed by hand-delivery , by registered or cert ified m ail w ith postage prepaid return receipt request ed, or by a private postal serv ice, addressed to the part ies (or their successo rs) at the addresses listed on the signature page of this Agreem ent or such other address as the party m ay have designated by proper notice. 14. Governing La w and Venue. This Agreem ent shall be construed in accordance with and govern ed by the law s of the State of Florida. Venue fo r any proceedings arising out of this Agreem ent shall be proper excl usively in M iam i-D ade County , Florida. 15. Entire Ag reem ent/M odifi cation/Amendm ent. 15.1. This w riting contains the entire Agreem ent of the part ies and supersedes any prior oral or w ritt en representations. No representations w ere m ade or relied upon by either party, other than those that are expressly set fo rt h herein. 15.2. N o agent, em ployee, or other representative of either party is em pow ered to modify or am end the term s of this Ag reem ent, unless executed w ith the sam e fo rm ality as this docum ent. 16. O w ners hip and Access to Records and Audits. 16.1. Consultant acknow ledges that all inventions, innovations, im pro vem ents, developm ents, m ethods, designs, analyses, draw ings, report s, com piled info rm ation, and all sim ilar or related info rm ation (w hether patentable or not) w hich relate to Serv ic es to the Village w hich are conceived, developed or m ade by Co nsultant during the term of this Agreem ent ("W ork Product ") belong to the Village. Consultant shall prom ptly disclose such W ork Product to the V ill age and perf orm all act ions reasonably requested by the Vill age (w hether during or after the term of this Ag reem ent) to establish and confirm such ow nership {incl uding, w ithout lim itation, assignm ents, pow ers of att orn ey and other instrum ents). 16.2. C onsultant agrees to keep and m aintain public records in Consultant's possession or contro l in connection w ith Consultant's perf orm ance under this Ag reem ent. The Village M anager or her designee shall, during the term of this Ag reem ent and fo r a period of three (3) years from the date of term ination of this Ag reem ent, have access to and the right to exam ine and audit any records of the Consultant involving transact ions related to this Agreem ent. Consultant additio nally agrees to com ply speci fically w ith the pro visions of Sect ion 11 9.0701, Florida Statutes. Consultant shall ensure that public records that are exem pt or confidential and exem pt fr om public records discl osure requirem ents are not discl osed, except as authorized by law, fo r the duration of the Ag reem ent, and fo llow ing com pletion of the Agreem ent until the records are transfe rred to the V illage. 16.3. U pon request fr om the Vill age's custodian of public records, Co nsultant shall pro vide the V illage w ith a co py of the request ed records or allow the records to be inspect ed or copied w ithin a reasonable tim e at a cost that does not exceed the cost provided by Chapter 11 9, Florida Statutes, or as otherw ise pro vided by law . 16.4. U nless otherw ise provided by law , any and all records, including but not lim ited to report s, surv eys, and other data and docum ents provided or created in connect ion w ith this Agreem ent are and shall rem ain the propert y of the Village. 57 School Crossing Guard Services - ITB # 2023-10 16.S. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the Village in a format that Is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Consultant shall be withheld until all records are received as provided herein. 16. 7. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8. Notice Pursuant to Section 119.Q701(2)(a), Fiorjda Statutes. IF THE CONSULTANT HA S Q U ESTIO NS REG ARDING THE APPLICA TIO N OF CHA PTER 119, FLORIDA STA TU TES, TO THE CONSULTA NT'S DU TY TO PROVIDE PUBLIC RECORDS RELA TING T O TH IS AG REEM ENT, CON TA CT TH E CUSTO DIAN OF PUBLIC RECO RD S. Custodian of Records: M alli ng address: Telephone num ber: Em ail: Jocelyn B. Koch 88 W est McInty re Street Key Biscayne, FL 33149 305-365-5506 jkoc h@ keybiscayne.fl.gov 17. Nonasslgnablllty. This Agreement shall not be assignable by Consultant unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the Village's area, circumstances and desires. 18. SeverabiUty. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted bylaw. 19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 58 S c h o o l C r o s s in g G u a r d S e rv ic e s - IT B # 2023-10 21. W aiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Surv ival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that It has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which Is hereby incorporated herein by reference, including execution of any required affidavit. 25. Co unterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto, the terms of this Agreement shall control. 27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verlfy, please visit: https://www.e­ verify.gov/fag/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. [Remainder of page Intentionally left blank. Signature pages follow.] 59 School Crossing Guard Services - ITB # 2023-10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE CONTRACTOR By: _ Steven C. Williamson Village Manager Attest: By: _ Jocelyn B. Koch Village Clerk Approved as to fo rm and legal sufficiency : By: _ Weiss Serota Heitman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5514 (telephone) 305-365-8936 (fa csimile) swilliamson@keybiscayne.fl.gov (email) With a c:opy to: W e iss Serota Heitman Co le & Bierman, P.L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 3313 4 cfriedman@wsh-law.com (email) By: _ Name: _ Title: _ Entity: LEGAL NAME OF ENTITY Addresses for Notice: ___________ (telephone) ___________ (facsimile) ___________ (email) With a copy to: ___________ (telephone) ___________ (facsimile) ___________ (email) 60 Sch o o l C ro ssin g G u a rd Se rvic e s - 1T B II 20 2 3 -10 EXHIBIT B VILLAGE OF KEY BISCAYNE SCHOOL CROSSING GUARD SERVICES NAME OF PROPOSER: ·~Or"',~ , ---"--"---;.;__-+-'-'-'----'='"'-"'--"-''-'-"4-__._-'-=......,,_..__..,.,_ _ In response to the Village's lnvltafl n to bid and in G pliance with the 1TB requirements, the undersigned bidder to provide all labor, materials and equipment, all supervision, coordination, all related incidentals necessary to provide School Crossing Guard Services located at the Village of Key Biscayne, Florida. In strict accordance with the Bid Documents dated including Addenda numbered ____ through , inclusive, for an all-inclusive Base Bid for School Crossing Guard Services includes all incidental costs. The Contractor understands and agrees that the prices submitted is for the services as indicated in the Scope of Service, including but not limited to, all labor, materials, equipment and permitting. TABLE FOR BID FORM: Hourly Rate Per School Crossing Guard $ 3 \ · 6G Hourly Rate Per Special Event Crossing Guard $ ~ \ · 6 0 Total Price for Crossing Guard Services $ Price (written out): BIDDER'S AFFIDAVIT The undersigned Proposer has carefully examined the Bidding Documents and the site of the proposed work. The Bidder is familiar with the nature and extent of the work and any local conditions or criteria dictated in the 1TB . The undersigned Bidder agrees to do all the work and furnish all materials called for by the 1TB Documents. The bidder further agrees that payments will be made based on actual quantities placed and accepted. 63 Sc h o o l C ro ssing G u a rd Se rvice s - IT B 112 0 2 3 -10 The undersigned Bidder agrees to furnish all materials, equipment, and labor and to perform all work in accordance with the Contract Documents for construction of: school Crossing Guard Services located in VILLAGE OF KEY BISCAYNE, FLORIDA. ___, Company Name: \:Or<\1 ''.:s C f'0 99 'i\~ C0ua0 d Bidder's Name: \be_c:a a 0\it¥2 S? · ,~\,'CS Bidder's Email: De/1:aac\e:\-\E_ , ? 0\c_s, ,G;:?i Bidder's Title: bee - O\..J ore Bidder's Signature: J2>1f\,l"\IQC.QgQQs)J 1<~:e-gW 64 =~~"' -~----~--=--~~--~~-------------~-- ----~------ AGREEMENT This agreement states Crossing Guard Services Agreement (the "Agreement") between Family Crossing Guard and the Village of Key Biscayne Police Department, Key Biscayne, FL, (the "Establishment"). This agreement shall be effective as of October 1, 2023. Whereas the parties have determined that Family Crossing Guard is willing and able to provide crossing guard services to Establishment. Now, therefore, in consideration of the mutual covenants and undertakings set forth in this agreement, the sufficiency of which the parties hereby acknowledge, the Agreement is hereby amended as follows: The term of this Agreement shall begin on October 1, 2023, and shall continue for a period of two (2) years. Thereafter, the term of this agreement shall renew automatically on the termination date of this Agreement for successive two (2) years periods unless and until otherwise terminated by either party giving at least thirty (30) days written notice to the other party prior to the end of any two (2) years term hereof that this Agreement shall terminate effective on the applicable termination date of this Agreement. Moreover, Family Crossing Guard shall have the right to terminate this Agreement, with or without cause, on thirty (30) days advance written notice. Within the time frame of this agreement, Village of Key Biscayne shall pay Family Crossing Guard, LLC. the hourly fee amount of thirty-three dollars ($33.00) per serviced hour. Fees for any period thereafter of the defined terms of this agreement will be ascertained for any future years. Fees will be billed monthly to due next 30 days. A $25.00 late fee will be charged for any invoices which are past due. LOCATIONS 1. Key Biscayne Community School 150West McIntyre Street Key Biscayne, Florida 33149 2. St. Agnes Academy 122 Harbor Drive Key Biscayne, Florida 33149 TERMS OF SERVICE AND SCHEDULE L Famiiy Crossing Guard, LLC. ,-~~~----- Servicing shall be provided to the above listed establishments under the following terms: 1. 180 school days per year 2. Schedule of service: Key Biscayne Community Day School # of Posts Day(s) Time Start Time End 8 Monday - Friday 7:45am 8:45am 8 Monday, Tuesday, Thursday, Friday 2:30pm 3:30pm 8 W ednesday 1:30pm 2:30pm 4 Monday - Friday 7:45am 8:45am 4 Monday, Tuesday, Thursday, Friday 2:30pm 3:30pm 4 Wednesday 1:30pm 2:30pm 2 Monday- Friday 7:00am 9:00am 2 Monday - Friday 2:00pm 4:00pm St. Agnes Academy # of Posts Day(s) Time Start Time End 2 Monday - Friday 7:00am 9:00am 1 Monday - Friday 7:00am 8:00am 2 Monday - Friday 2:00pm 4:00pm 1 Monday - Friday 2:00pm 3:00pm Key Colony # of Posts Day{s) Time Start Time End 2 Monday - Friday 7:00am 9:00am 2 Monday - Friday 2:00pm 4:00pm Mast Academy # of Posts Day{s) Time Start Time End 2 Monday - Friday 7:00am 9:00am 2 Monday - Friday 2:00pm 4:00pm Annual Training Family Crossing Guard, LLC. O ne day designated fo r annual training and shall be considered as w ell fo r the allotm ent of 21 'posts' fo r the span of a 4-hour period. Family Crossing Guard, LLC. CO ST SU M M A RY Below is a summary of the total projected costs to be seen for the 2023- 2025 school year, calculated at the aforementioned hourly rate of $33.00 per serviced hour. 13 sites at 2 hours per day: (26 hour/day) X (180 days/yr) X ($33.00) = $154,440.00 8 sites at 4 hours per day: (32 hour/day) X {180 days/yr) X ($33.00) = $190,080.00 21 sites at 4 hours per day: (84 hour/day) X (1 days/yr) X ($33.00) = $2,772.00 Total Projected Cost: $347,292.00 per year Total Projected Hours: 10,524 For the duration of the school year that services will be rendered prior to October 1, 2023, the cost per hour of service will be maintained at the previously contracted annual rate. IN WINTESSS WHEREOF, Family Crossing Guard have executed this agreement intending it to be effective as of October 1, 2023. FAMILY CROSSING GUARD: Signature Bertilia Priegues, Director Family Crossing Guard Date ESTABLISHMENT: Signature Chief of Police Village of Key Biscayne Date Family Crossing Guard, LLC. ~- . ~ ~ ~ STATE OF FLORIDA DEPAR.T:M-ENT OF TRANSPORTATION ~ Florida Sch~cifC~~sing cuard Trairi:ihg f lj6gram This is to certify that Bertilia Priegues has successfully completed the training and is a certified s cn o oi cros!sing Guard _,) N ovem ber 3, 2022 -Dote -----· Cr IU«~ Trciner\'S FDOj\) ~ ... -- - ~ . ~ " STATE OF FLORIDA DEPAR;J:M.ENT OF TRANSPORTATION "'1- FIOrida schoOr ch>~sing cuard Trai.11'.ing ,~al.ram This is to certify that \._" ' ·- ,:'\ '- . -..__:- Bernadette Priegues has successfully completed the training and is a certified '~ scnoot cros2,ing, ouero November 2, 2022 ......_~~ - , ------ <:21·1.J -~- • Trainer FDOTI) .....-:: ... --=--= -- Date - Local ApprovinciJOfficial- - School Crossing Guard Services - ITB # 2023-10 FORM38 CERTIFICATE OF AUTHORITY (If Individual) 1~_._,._.,f,..<:...:x::£:...; ... - """c..,k-_::fu ... • ..,e;:_<T) __ l,_,..;.(...,.,€..,54· .,,.Je;.,.. -'·~==· ·'---- (" Affiant") being first duly sworn, deposes and says: 1. I am the O u.? ½e.£: [Select and print as applicable: Owner/Partner/Off icer/Representative/Agent] of: ~~ ¥ ...... c .... ~ ........... ~ ..... -Sx ........ cfl~)___,,q'T- .... =«&;...;:..a.· c.us: doing business as ~1~ Cx:o~"a.-~ ~ >- }t'fi'A , kLC the Contractor that has subkitted the attached Proposal. 2. I am fully informed respecting the preparation and contents of the attached Proposal and all of the pertinent circumstances respecting such Proposal. 3. I am authorized to execute the Proposal dated l-( \" r} ~Zo ?3 . and submit this Proposal to the Village of Key Biscayne, and the execution of this Certificate of Authority, attested to by a Notary Public,, will be the official act and deed of this attestation. Signed, sealed and delivered by: Prl~ka~ Si¥" ACKNOWLEDGMENT State of Florida ~ County of \.-1 ;1 o.w:-1- -~ On this Z-1 20D before me the undersigned, personally appeared .,.........,......_~~- ....... ...a..:.-....;-µ!l!I....,. __, whose name(s) is/are subscribed to the within instrument, and he/she . ey acknowledge that he/she/they executed it. Witness my hand and official seal: ~ Personally known to me; or ___ Produced identification (Type of Identification: _, +- Did take an oath; or ___ Did not take an oath Notary Public ned) 24 S ch o o l C ro ssin g G u a rd Se rv ice s - 1T B # 2023-10 FORM3A CERTIFICATE Of AUTHORITY (If Corporation) I HEREBY CERTIFY that a meeting of the [circle one] Board of Directors/ Partners of _ _________ a business existing under the laws of the State of __, (the "Entity") held on-------------~ 20__. the following resolution was duly passed and adopted: "RESOLVED, that, __, as _________ of the Entity, be and is hereby authorized to execute this Proposal dated ___, 20_, on behalf of the Entity and submit this Proposal to the Village of Key Biscayne, and this Entity and the execution of this Certificate of Authority, attested to by the Secretary of the Corporation, and with the Entity's Seal affixed, will be the official act and deed of this Entity." I FURTHER CERTIFY that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Entity this day of _, 20 __ . Secretary: _ Print Name: _ President: _ Print Name: _ (Seal) 23 School Crossing Guard Services- 1TB # 2023-10 E-VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of Its proof of enrollment In E-Verlfy. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/fag/how-do-i-provide-proof-of-my-participationenrollment-ln-e-verify By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E­ Verify affidavits from subcontractors. D Check here to confirm proof of enrollment in E-Verlfy has been attached to this Affidavit. W itness #l~~ Witness #2 Print Name:~"-'"~--~\ 11--~0;~ Signed, sealed and delivered by: ~ 41Ail1.@.?; 1!, ~() Print Name: Q.~:/f; Tiict-J, >cS ..... Title: Q~r Entity Name: ~\1 G~~ Ejve-cl,,f ic. ACKNOWLEDGMENT State of Florida County of b,A :t,.,~ ~Jf,, The foregoing instrument was acknowledged before me by means of notarization, this k:J._ day of ~ ~41( , 20 22>. by__,~~==.I.Ui~:::l!-!~~::;.i,,,..;~ (name of person) as . O ... ::u,:·~~ 1 . (type of authority) for ..iµ,......_.:>..:;.>~_,._,.._..,. (~,..?<<&(name of party on behalf of whom instrument is executed) . • ~tA ~~~D.&)~ Notary Public (Print, Stamp. or Type as Commissioned) ,-i::, Personally known to me; or ___ Produced identifrcation (Type of Identification: _ '::k,_ Did take an oath; or ___ Did not take an oath KARLA c. SIMPSON , MY COMMISSIONIHH 2911611 E)(Pll\£8! J~ 21, 20i& 61 School Crossing Gua rd Services - ITB # 2023·10 EXHIBIT A SCOPE OF SERVICES The Sc o pe of Serv ic es are those contained in th e Proposal Sect ion 2. dated ------~ att ached hereto and inco rporated herein by reference. 2023, ,1 '1 .' 62 School Crossing Guard Services - ITB # 2023-10 FORM6B IN D EPEN D EN CE A FFIFA V IT The undersigned individual, being duly sworn, deposes and says that: I am ~~c.,J.:~ Th"31o1~ of ~•li C~<S,4 the propose r that has submitted the attached proposal; I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have or have had during the past five years, any relationships (professional, financial, familial or otherwise) with the VILLAGE (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee. A "relationship" for the purpose of this affidavit shall include but not be limited to employer/employee, consultant, contractor, subcontractor, associate, officer, partnership, joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient (in excess of $100.00), past or on-going personal relationships, or joint involvement with charitable/voluntary activities. Relationship Includes having a prior or current contract with the VILLAGE. Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have received any promise of compensation, remuneration, gift, discount, or oth'i7'gr~y,ityin~eiiH~•JiJ'f~~rw-oposa 1. ~. i,.i.,(~ • ..11~ . ~ ,. ,. ; I • t· ~ I~" t ~: ,.,,,~~,. t,~," i.· ,'/,:.•'"•·'' ,•·. ,: .,,.,, !•!IJ I understand ,~nd agree, that l:.shall give:~t,~_;:YiMLAGE written notice of any other relationships (as defined abov~att1mte-r'into•with the·Vtt~GE (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee during the period of the Agreement. I set forth below any exceptions to the aforementioned (if none, write "None"}: 36