HomeMy WebLinkAboutReso 2024-3669RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH
WATERFIELD FLORIDA STAFFING, LLC D/B/A STAFFING CONNECTION TO
PROVIDE SCHOOL CROSSING GUARD SERVICES, IN AN AMOUNT NOT TO
EXCEED TWO HUNDRED NINETEEN THOUSAND THREE HUNDRED TWENTY-TWO
DOLLARS AND EIGHTY CENTS ($219,322.80), ATTACHED HERETO AS EXHIBIT
"A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 215', 2022, via Resolution No. 2022-3391, the City Commission of the
City of Sunny Isles Beach ("City") approved an Agreement with Waterfield Florida Staffing, LLC
d/b/a Staffing Connection ("Contractor") to provide school crossing guard services ("Services"),
in an amount not to exceed $438,645.60; and
WHEREAS, the City, being satisfied with the Services of the Contractor, wishes to
exercise its first of three (3) renewal options; and
WHEREAS, the Contractor is a certified and insured company, and have expressed their
desire to continue providing the desired Services to the City; and
WHEREAS, the City Commission now wishes to approve a First Amendment to the
Agreement with the Contractor to provide the desired Services for the renewal period of one
(1) year, in an amount not to exceed Two Hundred Nineteen Thousand Three Hundred Twenty -
Two Dollars and Eighty Cents ($219,322.80), bringing the total contract amount not to exceed
Six Hundred Fifty -Seven Thousand Nine Hundred Sixty -Eight Dollars and Forty Cents
($657,968.40), attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval First Amendment. The City Commission hereby approves a First
Amendment to the Agreement with Waterfield Florida Staffing, LLC d/b/a Staffing Connection
to provide school crossing guard services for the renewal period of one (1) year, in an amount
not to exceed Two Hundred Nineteen Thousand Three Hundred Twenty -Two Dollars and Eighty
Cents ($219,322.80), bringing the total contract amount not to exceed Six Hundred Fifty -Seven
Thousand Nine Hundred Sixty -Eight Dollars and Forty Cents ($657,968.40), attached hereto as
Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
@BCL@4COB469D.doc Page 1 of 2 151
Section4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED upon this 20)r day Of June, 2024.
ATTEST:
Mauricjo Betancur, Clfi/IC, City Clerk
Larisa Svechin,-Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A"44��-
n E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Seconded by:�fvl7w,�51
Moved by: AIAWAP �� a&W, awdi
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
✓,(Yes)
(No)
(Yes)
��(Yes)
(No)
�es)
(No)
(No)
(Yes)
(No)
@BCL@4COB469D.doc Page 2 of 2 152
` FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF SUNNY ISLES BEACH AND WATERFIELD FLORIDA
DA
STAFFING, LLC, d/b/a STAFFING CONNECTION
CONTRACT NO. 2022-7963
THIS FIRST AMENDMENT" I'O THE AGREEMENT between the CI'T'Y OF SUNNY
ISLES BEACH (-'City") and WATERFII.LD FLORIDA S'T'AFFING, LLC., d/h/a
STAFFING CONNECTION, a Florida limited liability company, whose Federal Employer
Identification (FEl) Number is 82-4558588 ("Contractor"), executed this / U day of July,
2024, is made a part of the original Agreement between the City and Contractor, dated October
11, 2022 ('`the Agreement"), attached hereto as Attachment "A." The City and Contractor hereby
agree as follows:
1. OP'T'ION TO RENEW. Effective October 12, 2024, the City hereby elects to exercise its
option to renew the Agreement for one (1) year as set Forth in Section 5 of the Agreement. 'There
are two (2) remaining one (1) year renewal options.
2. ADDITIONAL COMPENSATION. City and Contractor also wish to amend Section 6
ol'the Agreement, entitled "Compensation," to provide additional compensation for the one (1)
year renewal term, in an amount not to exceed Two 11undred Nineteen Thousand Three Hundred
Twenty -Two Dollars and f:ighty Cents ($219,322.80). The additional compensation provided
herein will bring the total Agreement not to exceed amount to Six Hundred Fifty -Seven Thousand
Nine I-lundred Sixty -light Dollars and Forty Cents ($657,968.40).
3. OTHER PROVISIONS REMAIN IN EFFECT. )-,xceptasspecifically modified herein.
all terms and conditions of the original Agreement between the parties, dated October 11, 2022,
shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms. statements, re(luirernents. or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements, or provisions contained in any other
document or attachment, including but not limited to Attachment "A."
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date mentioned above.
[Ri MAINDEIZ OF PAGE IN-1'ENTIONAI.1,Y I.,EF'T` 11l...ANK]
[SIGNATURE; PA(JE TO F0l,l,0WJ
sTAITING CONNIA'VION FIRST AMENnMI NT rugs i k,-
Ci(V ofSuttny Isles Ileac -h 18070 Collins Avenue. Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (30.5) 949-3113 Fax
WATERFIELD FLORIDA STAFFING,
LLMC;, d/b/a STAFFING CONNECTION
By..
Paul C. Chase, CEO of Waterfield
Florida Stalling, I..I...0 and as Authorized
Representative of WO Partners, L.1-.0
STA,rti, of
CONN"1'Y Uf; ?3} I1A-
The foregoing instrumen «was acknawl •dgA.d before me by means o1' 0 physical presence or 0
online notarization, this day of; t� _, 2024, by Paul C. Chase, as CEO of 1V'��atertield
Authorized lee resentative oi' WO Partners I.A.C.
Florida Stalling, t,I...C,, and as A p ,
(SL -.AI.,)
Personally Known! or Produced Identification _
Type of Identificati n Produced: _
Notary Public, State of` Florida
(Signatureof'Notary Public)
N,Aary Public State cf Florin&
Ak Janet Mope lmott
uw, M'y Cnmm ssicr
ItI1:`� tyt� 236asg
Ex>7. 3tG,2426
(Print, 'ype, or ,tamp
Commissioned Name cif Notary
Public)
[ADDITIONAL. SK;NATUR1: PA("Il-,' TO i'OL,L,OW]
STAFFING e"oNNIICTIONN FIRST AMENDMI;N•r l agc 2 of d
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATT
C
STAFFING CONNECTION —FIRST AMENDMENT
CITY OF U NY ISLES BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
AainBoileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Page 3 of 4
155
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
STAFFING CONNECTION —FIRST AMENDMENT
Page 4 of 4
156
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 297.1351
S�-- , On behalf of
Print Name Company Name
uA-#A4A .-SIGHb,4
certifies that 9
does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
S. Has not engaged in business operations in Cuba or Syria.
Title
. . ........
Date
184
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of Its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (https.-/Iwww.e-verify.gov/emplovers/```enrolIing-in-e-veri and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. (�
lCl-
Print ame
Federal Empioyar identification Number (FEIN)
Date
Title----
Sworn to and subscribed before me on this this U day of S— t iVd 202X
r• /
y L l,_,. 4
Is personally known to me
❑ Has produced identification (type of identification produced: - �)
Signature of Ory u ��lo,ar� Puhlic Staie of Fioridp
ai Janet N1cQprmott
My (c " it
Illi ttH «3d�o:i
Exp. 316124G
Print or Stamp of Notary Public Expiration Dale
185
iV 'ANY /$,
u t
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
tie%k,
F1 �W AND WATERFIELD FLORIDA STAFFING, LLC
° FIOp� °
D/B/A STAFFING CONNECTION
CONTRACT NO. 2022-7963
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this J J shay of ()elL, 2022, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and WATERFIELD FLORIDA
STAFFING, LLC D/B/A STAFFING CONNECTION, a corporation authorized to do business
in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 82-4558588.
RECITALS
WHEREAS, the City is in need of a Contractor to provide school crossing guards at
several locations located within the City ("Services"); and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, the City of Miami issued Invitation for Bid 1164387 for "School Crossing
Guard Services" ("City of Miami's IFB"), and awarded an agreement to Contractor beginning on
June 6, 2022, for an initial two (2) year term, terminating on June 5, 2024, with the option to
renew for three (3) additional one (1) year terms; and
WHEREAS, the City desires to enter into an agreement with Contractor, using the City
of Miami's solicitation information, Contractor's response thereto, and the resulting Purchase
Order to provide the Services described in Exhibit "A", attached hereto and made part hereof,
subject to the terms and conditions contained herein; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other entities are exempt
from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
for a total amount not to exceed Four Hundred Thirty -Eight Thousand Six Hundred Forty -Five
Dollars and Sixty Cents ($438,645.60) for the Services during the initial two (2) year term as set
forth in the Contractor's fee proposal attached hereto as Exhibit "B".
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the terms and conditions of City of Miami's IFB 11643 87, and the Contractor's response,
which are specifically incorporated herein and made a part hereof as Exhibit "A", as well as
Contractor's Proposal to the City which is incorporated herein as Exhibit "B" (hereinafter referred
to as "Contract Documents").
WATERFIELD FLORIDA STAFFING LLC D/B/A STAFFING CONNECTION 167
157
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
3. SERVICES.
A. Contractor agrees to furnish thirteen (13) individuals with the proper skills and
certifications necessary to perform the functions of school crossing guards ("Crossing Guards")
and one (1) individual with the proper skills and certifications necessary to perform the functions
of school crossing guard supervisor ("Crossing Guard Supervisor"), and for each school day at the
following seven (7) designated Crossing Guard locations located within the corporate limits of the
City:
#
Crossing Location
# of Guards Required
1
183rd St / Collins Ave
2
2
178th St / Collins Ave
2
3
183rd St / Atlantic Blvd.
2
4
182nd St / N. Bay Rd
1
5
178th St / Atlantic Blvd
1
6
182nd St / Atlantic Blvd
1
7
181st St / N. Bay Rd
2
8
1 174th ST / N Bay Rd
1
9
1 172nd St / N. Bay Rd
1
However, the number of Crossing Guards provided for in this Section is an estimate and may be
revised pursuant to Paragraph 3.2 of the City of Miami's IFB. Additionally, the City reserves the
right to change the hours of service, as well as the post locations for the Crossing Guards upon
providing no less than three (3) days written notice to Contractor.
B. Contractor shall maintain a sufficient pool of Crossing Guards who have successfully
completed the background checks, screenings, and trainings to act as substitutes in the event of the
absence of those Crossing Guards regularly scheduled in accordance with the Contract Documents.
The acceptability of such substitutes is contingent upon their successfully completing all background
checks, screening and training requirements as contemplated in the Contract Documents.
C. Contractor shall be required to provide Crossing Guard training consistent with the
training requirements as set forth in Section 3.3. of the City of Miami's IFB.
D. Contractor shall be solely responsible for and shall provide for the payment of workers
compensation insurance coverage and premiums, any and all other insurance pursuant to Section 9
below, withholding taxes, FICA, pension and profit sharing contributions, retirement contributions,
if any, all remunerations; all labor contract compliance, and all other charges, fees, permits, and the
like associated with the employment of such personnel as Contractor shall provide. The City shall
bear no responsibility for any such charges, fees, permits, and the like associated with the employment
of such personnel.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform Services. Contractor agrees to have a qualified representative to audit and inspect the
WATERFIELD FLORIDA STAFFING LLC D/B/A STAFFING CONNECTION
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158
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Services provided on a regular basis to ensure all Services are being performed in accordance with
the City's needs and pursuant to the terms of this Agreement and shall report to the City
accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements, and persons. Contractor
will require its employees to perform their work in a manner befitting the type and scope of work
to be performed. In the event that the Contractor fails to complete the Services pursuant to the
terms of this contract and City must undertake the completion of performance of Services,
Contractor agrees to indemnify the City for all costs incurred with respect to the completion of
those Services and any damages the City may suffer as a result of the Contractor's failure to
perform the Services.
4. REPORTING REQUIREMENTS. Contractor will abide by the following
reporting requirements:
A. Weekly Group Time Sheet: Contractor shall provide a report that must include each
post location, by school name in alphabetical order, identification of the guard assigned to
each post location, number of hours per day worked at each location during the week and
other pertinent information to document that all school crossing guard posts were properly
staffed during the week. Each report shall be signed by the Contractor certifying that the
Contractor's employees worked the hours listed on the timesheet. This report shall be sent
via electronic mail to the City Manager or Designee no later than the Wednesday following
each week worked. This report shall be sent via electronic mail to the City Manager or
Designee in Microsoft Excel format.
B. Master Guard List: This report shall include all school crossing guards and their
assigned posts and backup guards assigned to the contract. This report is to be provided at
the commencement of the school year and updated periodically as changes occur. This
report shall be sent via electronic mail to the City Manager or Designee in Microsoft Excel
format.
C. Student Count Report: A "student count report" shall be conducted, upon request of
the City Manager or its Designee. This report shall contain the crossing guard's name,
location and the number of students crossed in the A.M. and in the P.M. This report shall
be sent via electronic mail to the City Manager or Designee in Microsoft Excel format.
D. Complaint Report: Contractor shall have an established procedure for handling,
responding to, and documenting actions regarding all complaints received. A report of all
complaints shall be provided to the City Manager or Designee as follows: due January 15th
for the period covering commencement of the school year in August through Winter Break;
due June 15th for the period covering commencement of school following Winter Break
through the end of the Regular school year in May/June. If there is an Extended School
Year Session (e.g., Summer School), a report shall be due on August 1 st covering the entire
Extended School Year Session. This report shall include the following at a minimum, the
date of the complaint, post location, guard identification, type of complaint, action taken,
and total number of complaints for the reporting period. This report shall be sent via
electronic mail to the City Manager or Designee in Microsoft Excel format.
WATERFIELD FLORIDA STAFFING LLC D/B/A STAFFING CONNECTION
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159
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
E. Daily Time Sheets: Contractor shall maintain at its offices, and make available for
inspection by City personnel, daily time sheets for all school crossing guards and Field
Supervisors assigned to this Agreement. The daily time sheet shall, at a minimum, identify
the school crossing guard or Field Supervisor and total. number of hours worked each day.
Daily time sheets shall be signed by the Successful Bidder's employees certifying as to the
number of hours worked.
5. TERM. The term of this Agreement shall commence upon execution of the Agreement
and shall be for an initial two (2) year term, commencing on October 1, 2022, subject to the City's
ability to terminate earlier in accordance with Section 10 of this Agreement. Prior to, or upon
completion of the initial two (2) year term, the City has the option at its sole discretion to renew
this Agreement for an additional three (3) one (1) year renewal terms.
6. COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor compensation for the Services performed under this Agreement
pursuant to the hourly fee schedule set forth in the Contract Documents, in an amount not to exceed
Two Hundred Nineteen Thousand Three Hundred Twenty -Two Dollars and Eighty Cents
($219,322.80) annually, bringing the total contract amount not to exceed Four Hundred Thirty -
Eight Thousand Six Hundred Forty -Five Dollars and Sixty Cents ($438,645.60) for the initial two
(2) year term for the Services as set forth in the Contractor's fee proposal attached hereto as Exhibit
«B„
Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with
the Contract Documents and the schedule of charges as reflected in Exhibit `B" for the term of the
Agreement, including any option or extension periods, under the following conditions:
A. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
B. Payment Schedule. Contractor shall remit invoices to the City on a monthly basis.
If services have been rendered in conformity with the Agreement, the invoice will
be sent to the Finance Department for payment. Invoices must reference the
Agreement number assigned hereto. Invoices will be paid in accordance with the
State of Florida Prompt Payment Act. The City will pay properly submitted
Contractor invoices within thirty (30) days of receipt, for completed and accepted
deliveries or specified services and/or goods, unless the City notifies the Contractor
in writing of the dispute, before payment is due.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
D. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
WATERFIELD FLORIDA STAFFING LLC D/B/A STAFFING CONNECTION
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160
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the,City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit -or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement, or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been undertaken
by the City. Contractor shall be responsible for any and all of its own expenses in performing its
duties as contemplated under this Agreement. The City shall not be responsible for any expense
incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or
pay Social Security and that such obligations shall be that of the Contractor, other than those set
forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies
as it determines necessary in carrying out its duties under this Agreement.
8. CRIMINAL BACKGROUND CHECK OF CONTRACTOR'S EMPLOYEES. Prior
to performing work in the City pursuant to the Agreement, all managers and employees of
Contractor, any independent contractors, and any subcontractors (collectively "Personnel") shall
be required to undergo a Level 2 fingerprint -based criminal background check consisting of a
Florida Department of Law Enforcement ("FDLE") and Florida Crime Information
Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any Personnel
not meeting this requirement will not be permitted to perform work under this Agreement. The
aforementioned criminal background check shall be performed through the City's Human
Resources Department, at the Contractor's sole cost and expense. Failure of Contractor to comply
with the provisions of this section shall be cause for termination of the Agreement.
The Contractor's Personnel shall wear an identifiable uniform shirt provided by the Contractor,
and maintain a clean, neat appearance.
9. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following insurance
coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused
by Contractor, its agents or employees, as indicated below:
I. Commercial General Liability
A. Limits of Liability
WATERFIELD FLORIDA STAFFING LLC D/B/A STAFFING CONNECTION
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161
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Personal and Adv. Injury $1,000,000
Products/Completed Operations $1,000,000
B. Endorsements Required
City of Sunny Isles Beach included as an Additional Insured
Contingent and Contractual Liability Premises
Operations Liability Premises and Insurance Clause
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Auto
Any One Accident $500,000
B. Endorsements Required
City of Sunny Isles Beach included as an Additional Insured
III. Worker's Compensation
Limits of Liability Statutory -State of Florida
IV. Employer's Liability
A. Limits, of Liability
$1,000,000 for bodily injury caused by an accident, each accident
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
V. Professional/Error's & Omissions Liability
Combined Single Limit
Each Claim
General Aggregate Limit
$1,000,000
$1,000,000 Retro Date Included
Contractor agrees to maintain professional liability/Errors & Omissions coverage for at least 2
years after termination of the contract period subject to continued availability of commercially
reasonable terms and conditions of such coverage.
VI. Umbrella Liability
A. Limits of Liability
Each Occurrence $1,000,000
Policy Aggregate $1,000,000 policy aggregate
Excess Form over all applicable liability policies contained herein
City of Sunny Isles Beach listed as an additional insured
WATERFIELD FLORIDA STAFFING LLC D/B/A STAFFING CONNECTION
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162
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
The above policies shall provide the City of Sunny Isles Beach with written notice of
cancellation or material change from the insurer in accordance to policy provisions.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with
a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is
performed, and at any time upon request, Contractor shall furnish to the City certificates of
insurance evidencing the minimum required coverage and shall be appropriately endorsed for
contractual liability, with the City included as an additional insured. All policies shall contain
a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued
by insurance companies acceptable to the City Manager or his designee. All insurance policies
and certificates of insurance shall provide that the policies may not be canceled, or altered to
reduce the minimum limits, without thirty (30) days prior written notice to the City. Contractor
shall also require and ensure that each of its sub -consultants or sub -contractors providing
services hereunder (if any) procures and maintains, until the completion of the services,
insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE
INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
10. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in
a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor thirty (30) days to cure such
default. If the default remains uncured after thirty (30) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,
refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
(ii.) Should Contractor be unable or unwilling to commence to perform the Services
within the time provided or contemplated herein, then, in addition to the
foregoing, Contractor shall be liable to the City for all expenses incurred by the
City in preparation and negotiation of this Agreement, as well as all costs and
expenses incurred by the City in the re -procurement of the Services, including
consequential and incidental damages.
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(iii.)Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause terminate the Services then remaining to be performed at any time by giving
Contractor thirty (3 0) days written notice. The terms of Paragraph l0A(i) and A(ii)
above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any other
remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions.
12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, Contractor AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
13. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
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registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City:
Stan Morris
With a copy to:
City Manager
Edward Dion, Esq.
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792-1776
Sunny Isles Beach, Florida 33160
Tel: 305 792-1766
If to the
Sharron R. Cook
Contractor:
Branch Manager, School Crossing
Guard Division
Staffing Connection/Action Labor
6555 N. Powerline Road, #306
Fort Lauderdale, FL 33309
Tel: (954)-776-3444
Email: scook@actionlabor.com
14. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Contractor shall provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided
by law.
(iii.) Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
(iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
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TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 411
Floor, Sunny Isles Beach, Florida 33160.
15. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance.
The Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
18. INDEMNIFICATION AND WAIVER OF LIABILITY. Contractor shall indemnify,
hold and save harmless, and defend (at its own cost and expense), the City, its officers, agents,
directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness,
negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed
or utilized by the Contractor in the performance of this Contract. The Contractor shall further, hold
the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own
cost), the City its officials and/or employees against any civil actions, statutory or similar claims,
injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City,
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its officials, and/or employees were negligent. In the event that any action or proceeding is brought
against the City by reason of any such claim or demand, the Contractor shall, upon written notice
from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The
Contractor expressly understands and agrees that any insurance protection required by this
Contract or otherwise provided by the Contractor shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The indemnification provided above shall obligate the Contractor to defend, at its own expense, to
and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide
for such defense, at the City's option, any and all claims of liability and all suits and actions of
every name and description which may be brought against the City, whether performed by the
Contractor, or persons employed or utilized by the Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will be
interpreted under the laws of the State of Florida, including without limitation and interpretation,
which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable
and as amended.
Contractor shall require all sub-consultant/contractor agreements to include a provision that each
subcontractor will indemnify the City in substantially the same language as this Section. The
Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims
which may result from any actions or omissions of the Contractor in which the City participated
either through review or concurrence of the Consultant's actions. In reviewing, approving or
rejecting any submissions by the Contractor or other acts of the Contractor, the City, in no way,
assumes or shares any responsibility or liability of the Contractor or sub-consultant/contractor
under this Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent
consideration for the granting of this Indemnification, the receipt and sufficiency of which is
voluntarily and knowingly acknowledged by the Contractor.
19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Exhibit "A", `B", "C", and "D".
21. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is
listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
Israel is prohibited. Contractors must certify that the company is not participating in a boycott of
Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
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terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Contractors must submit the certification that is attached to this agreement as
Exhibit "C". Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Contractor of the City's determination concerning the
false certification. The Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Contractor does not
demonstrate that the City's determination of false certification was made in error, then the City
shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute
Section 287.135.
22. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the U.S.
Department of Homeland Security's E -Verify System, and further provides that a public employer
may not enter into a contract unless each party to the contract registers with and uses the E -Verify
system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a
subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility
using the E -Verify system for all existing and new employees hired by Contractor during the
contract term. Further, Contractor must also require and maintain the statutorily required affidavit
of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website
(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The
Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit,
attached hereto as Exhibit "D".
23. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements, and understandings relating hereto.
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D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
F. ORDER OF PRECEDENCE. In the event of any conflict in the Contract
Documents, the following documents shall take precedence in the following order of precedence:
(a) any Executed Change Orders or Amendments;
(b) this Agreement;
(c) the City of Miami IFB and Contractor's response thereto ("Exhibit A");
(d) the Contractor's Proposal ("Exhibit B"); and
(e) Other contract documents.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
[SIGNATURE PAGE TO FOLLOW]
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WITNESS:
Signature
'-LC.rzl-8 0�
Print Name
ATT
WATERFIELD FLORIDA STAFFING
LLC -2 y `�
Paul C. Chase, CEO
C eo
Title
CITY OF SUNNY ISLES BEACH
BY:
Dana Robin Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL S FICIENCY
BY: BY: 19
Department Head Wward A. Dion, City Attorney
WATERFIELD FLORIDA STAFFING LLC DB/A STAFFING CONNECTION 14
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IFB Number:
Title:
Issue Date/Time:
IFB Closing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
City of Miami
Invitation for Bid (IFB)
Deadline for Request for Clarification:
Contracting Officer:
Contracting Officer E -Mail Address:
Procurement Department
Miami Riverside Center
444 SW 2nd Avenue, 61" Floor
Miami, Florida 33130
Web Site Address: www.miarnigov.com/procurement
1164387
Invitation for Bid for School Crossing Guard
Services
May 27, 2021
Friday, June 17, 2021st 2:00 PM
Voluntary
Thursday, June 3, 2021 at 10:00 AM
Online via Microsoft Teams
Tuesday, June 8, 2021 at 2:00 PM
Falcon, Eduardo
etalcon(&miamigov.com
181
171
7/12/2021
City of Miami
BidSync
164387
182
172
V. - , , - --- .. --, , V- -, V
August 16"', 2022
Genesis Cuevas
Purchasing Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Ms. Cuevas:
Please accept this letter as a proposal for School Crossing Guard Services. Our company would like to
extend a piggyback option for IFB No. 1164387, City of Miami; which was awarded to our parent
company Waterfield Florida Staffing, LLC on October 14th, 2021. Staffing Connection, our school crossing
guard division is a d/b/a of Waterfield Florida Staffing, LLC.
PROPOSED FEE SCHEDULE
$20.98 per hour bill rate for crossing guards and one field supervisor at $21.25 per hour bill rate
The proposal is for 13 post locations. Guards will be paid a minimum of 4.0 hours per day for covering a
single post. Field Supervisors will be paid 6.0 hours per day.
This is a flat hourly rate and includes all expenses:
Recruiting and Training
Payroll: Fee package covers the employee's salary, state, federal, unemployment, FICA taxes, and
worker's compensation.
Administrative Fees
Field Supervision and State Required Equipment
Equipment
13 posts x 4.0 hours per day = 52 hours per day x 180 days = 9360 total hours x $20.98/hr. _ $196,372.80
1 field supervisors x 6.0 hours per day = 6 hours per day x 180 days = 1080 total hours x $21.25/hr. _
$22,950.00.
TOTAL ANNUAL COST = $219;322.80
Thank you for the opportunity to present this information.
Sincerely,
G
Sharron Cook, Branch Manager
School Crossing Guard Division
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TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Edward Santiago, Chief of Police
June 20, 2024
Approval of a First Amendment with Staffing Connection for Crossing Guard
Services.
RECOMMENDATION:
Staff recommends the approval of this Resolution.
REASONS:
The City of Sunny Isles Beach currently utilizes the services Waterfield Staffing d/b/a Staffing
Connection for crossing guard services. The initial term was two (2) years and that term will conclude in
October 2024. We are seeking approval to renew for an additional year, allowable by the contract via
two (3) one year renewal terms. This would be the first optional renewal term. The renewal has a not to
exceed amount of $219,322.80. The additional compensation provided will bring the total not to exceed
amount to $657,968.40. This contract amendment will allow the police department to deploy thirteen
(13) crossing guards and one (1) supervisor to designated locations throughout the City. This will ensure
that pedestrians commuting to school are crossing the aforementioned designated locations safely.
FUNDING SOURCE:
Funds have been appropriated in account #001-3-5210-431000-00000.
ATTACHMENTS:
Resolution
First Amendment
Item Number: 10.1
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