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2013-28140 Reso RESOLUTION NO. 2013 -28140 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5 /7 VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, INC., IN THE AMOUNT OF $40,000, FOR PROVISION OF LITTER CONTROL AND SANITATION SUPPORT SERVICES, THROUGH JCS'S HOPE PROGRAM, IN THE AREA FROM 5 TH TO 11 STREETS, BETWEEN LENOX AND MERIDIAN AVENUES. WHEREAS, since 1995, the City of Miami Beach has provided funding to Jewish Community Services of South Florida, Inc. (JCS) to clean certain areas of the City's business and residential districts; and WHEREAS, through JCS's HOPE Program, homeless and formerly homeless individuals are provided with much needed employment in exchange for cleaning our City's rights -of -way, swales, and streets and gutters; and WHEREAS, the City wishes to continue to contract with JCS for the provision of street cleaning services (through the HOPE Program); and WHEREAS, under the current proposed new agreement, provision of litter control and sanitation support services shall include sweeping and litter removal of street, and swales and gutter areas, from 5 tH to 11 Streets, between Lenox and Meridian Avenues, from 6 am to 11 am, five (5) days a week, for one hundred and thirty (130) days, at three hundred seven dollars and sixty -nine cents ($307.69) per day, for a maximum not to exceed forty thousand dollars ($40,000); and WHEREAS, the City's Sanitation Division shall monitor the targeted areas on a daily basis, and include the areas for assessments in the City's Cleanliness Index program; and WHEREAS, $40,000 was appropriated as part of the Sanitation Budget for the HOPE Program in FY 2012 -13; and WHEREAS, the City Administration desires to continue its support of the JCS's HOPE Program, since it has mutual benefits for both the homeless community in Miami Beach and the City, and accordingly, would recommend that the Mayor and City Commission waive competitive bidding, finding such waiver to be in the best interest of the City, and authorize the City Mayor to enter into a Letter of Agreement with JCS to provide the aforestated services. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive, by 5 /7 vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorize the City Manager to execute a Letter of Agreement with Jewish Community Services of South Florida, Inc., in the amount of $40,000, for provision of litter control and sanitation support services, through JCS's HOPE Program, in the area from 5 to 11 streets, between Lenox and Meridian Avenues. PASSED AND ADOPTED this 6 day of February, 2013. ATTEST: Matti Her r wer, Mayor Rafael ranado, City Clerk �. ity Attorne G • Date TAAGENDA\201 b ry 6\JCS Waiver of competitive bidding. reso.d ; INCORp ORII TFD, COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving By 5/7 Votes, The Competitive Bidding Requirement, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager To Execute A Letter Of Agreement With Jewish Community Services Of South Florida, Inc. In The Amount Of $40,000, For The Jewish Community Services Hope Program. Key Intended Outcome Supported: Improve cleanliness of Miami Beach Rights -of -Way especially in business areas. Supporting Data (Surveys, Environmental Scan, etc.): The Customer Satisfaction Survey indicated 14 percentage point improvement by businesses overall in th ratinq for street cleanliness in business areas. Item Summa /Recommendation: Since 1995, the City of Miami Beach has collaborated with Jewish Community Services of South Florida, Inc. (JCS) to clean certain areas of the City's business and residential districts. Through this initiative, called the HOPE Program by JCS, homeless and formerly homeless individuals are provided with much needed employment in exchange for cleaning our City's public Rights -of -Way, swale, streets and gutters. The City has provided annual funds since 1995 to JCS. JCS, in turn, matches City funds with grant and other dollars to employ homeless and formerly homeless individuals from our City. Eligible workers must meet stringent criteria established by JCS' Rehabilitation and Employment Division (such as completing treatment and counseling programs to address issues that were barriers to employment and living in either transitional or permanent housing) as conditions to program selection. The City Commission approved by Resolution in 2000 and 2002, funding for the HOPE Program through the adoption of FY 2000/01 and FY 2002/03 Budgets for Special Revenue Funds for Resort Tax. Since then, the City has continued to annually fund the JCS to support the HOPE Program. $40,000 was appropriated as part of the Sanitation Budget for the HOPE Program in FY 2012/13; however, there is no authorization to enter into an annual agreement for the Jewish Community Services of South Florida Inc The City Administration desires to continue its support of the JCS HOPE Program since it has mutual benefits for both the homeless community in Miami Beach and the City. Under this letter of agreement, JCS assists the City in accomplishing one of the Citywide Key Intended Outcomes, which is to improve the cleanliness of Miami Beach Rights -of -Way, especially in business areas THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amou Account Approved Funds: nt 1 $40,000 Sanitation Combined Budget in FY 2012/13, Account # 435 - 0430 - 000312. OBPI Total $40,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: Fred Beckmann, Public Works X6012 Sign-Offs. Department Direct r Assistant City M r ity Manager FHB JGG KGB T:WGENDA\2013 \February 6\JCS waiver of competitive bidding. Summary.doc I AM I B EACH AGENDA ITEM C DATE 2 - &_ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: February 6, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 5 /7 VOTES, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, INC. IN THE AMOUNT OF $40,000, FOR THE JEWISH COMMUNITY SERVICES HOPE PROGRAM. ADMINISTRATION RECOMMENDATION The Administration recommends approving the Resolution. KEY INTENDED OUTCOME Improve cleanliness of Miami Beach Rights -of -Way especially in business and residential areas. FUNDING $40,000 - Sanitation Combined Budget in FY 2012/13, Account # 435 - 0430 - 000312. BACKGROUND Since 1995, the City of Miami Beach has collaborated with Jewish Community Services of South Florida, Inc. (JCS) to clean certain areas of the City's business and residential districts. Through this initiative, called the HOPE Program by JCS, homeless and formerly homeless individuals are provided with much needed employment in exchange for cleaning our City's public Rights -of -Way, swale, streets and gutters. The City has provided annual funds since 1995 to JCS. JCS, in turn, matches City funds with grant and other dollars to employ homeless and formerly homeless individuals from our City. Eligible workers must meet stringent criteria established by JCS' Rehabilitation and Employment Division (such as completing treatment and counseling programs to address issues that were barriers to employment and living in either transitional or permanent housing) as conditions to program selection. Jewish Community Services is a fully licensed, insured and bonded agency, accredited by CARF International and has more than 17 years of experience. Its services include: basic screening and assessment, case management, job counseling, direct job placement, day labor training, vocational training, no -cost transportation assistance and work equipment. Commission Memo — Waiver of Competitive Bidding February 6, 2013 Page 2 of 2 The HOPE Program is a comprehensive employment service designed to serve homeless individuals in Miami -Dade County. Eligible men and women are referred to the program through the Miami -Dade Homeless Trust Continuum of Care (CoC) via the Homeless Management Information System (HMIS). Through this program, JCS employs about 19 people on a quarterly basis working five days a week, from 6 am to 11 am, maintaining the cleanliness of streets and public rights -of -way from 5 th 11 Streets between Lenox Avenue and Meridian Avenue. The City Commission approved by Resolution in 2000 and 2002, funding for the HOPE Program through the adoption of FY 2000/01 and FY 2002/03 Budgets for Special Revenue Funds for Resort Tax. Since then, the City has continued to annually fund the JCS to support the HOPE Program. ANALYSIS $40,000 was appropriated as part of the Sanitation Budget for the HOPE Program in FY 2012- 13; however, there is no authorization to enter into an annual agreement for the Jewish Community Services of South Florida Inc., for the provision of Sanitation services in South Beach. The City Administration desires to continue its support of the JCS HOPE Program since it has mutual benefits for both the homeless community in Miami Beach and the City. Under this attached Letter of Agreement, JCS assists the City in accomplishing one of the Citywide Key Intended Outcomes, which is to improve the cleanliness of Miami Beach Rights -of- Way, especially in business areas The Sanitation Division monitors the targeted areas on a daily basis as well as includes the areas for assessments in the City's Cleanliness Index program. As part of the agreement, JCS must score a minimum of 1.5 on the City's Cleanliness Index for its geographic areas of responsibility. If the minimum score of 1.5 is not achieved, JCS must then provide a recovery plan for the following quarter which delineates how remediation will be achieved within the following quarter. If for any reason this objective is not met for two concurrent quarters, the City reserves the right to terminate the agreement. CONCLUSION The Administration recommends approving the Resolution waiving by 5 /7 votes, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and authorizing the City Manager to execute a Letter of Agreement with Jewish Community Services of South Florida, Inc. in the amount of $40,000, for the Jewish Community Services HOPE Program. Attachment: Jewish Community Letter of Agreement KGB /JGG /FHB /FRS T:WGENDA\2013 \February 6 \JCS - waiver of competitive bidding - memo.docx zO/ -281yv ®_ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi.gov OFFICE OF THE CITY MANAGER Tel:305.673.7010, Fax:305.673.7782 March 14, 2013 Jewish Community Services of South Florida, Inc. Attn: Fred Stock, Executive Director 735 NE 125`h Street North Miami, Fl. 33161 (305) 403-6521 Re: LETTER OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND JEWISH COMMUNITY SERVICES OF SOUTH FLORIDA, INC. (JCS) FOR PROVISION OF CERTAIN SANITATION SERVICES THROUGH JCS'S HOPE PROGRAM. Dear Mr. Stock: The foregoing Letter Agreement shall confirm the understanding between the City of Miami Beach, Florida (hereinafter referred to as the City) and Jewish Community Services Of South Florida, Inc., a not for profit corporation (hereinafter referred to as JCS or Contractor), pertaining to Contractor's engagement to improve cleanliness of certain City of Miami Beach right-of-ways, swale areas, and streets and gutters. Through Contractor's HOPE Program, homeless and formerly homeless individuals are provided with needed employment in exchange for cleaning designated City right-of-ways, swale areas, and streets and gutters. • Scope of Work (Services) - The Contractor shall provide litter control and sanitation support services (the Services), including g sweeping, and litter removal, on swale areas, streets and gutters in the areas from 5t to 111h Streets, between Lenox and Meridian Avenues (the Targeted Areas), from 6 am to 11 am, Monday through Fridays. The City's Sanitation Division shall monitor the Targeted Areas on a daily basis, and include such Areas for assessment in the City's Cleanliness Index program. JCS must score a minimum of 1.5 on the City's Cleanliness Index Assessments (with 1 being Extremely Clean and 5 being Extremely Dirty) for the Targeted Areas. • Compensation - Contractor's total compensation during the Term of this Agreement shall not exceed the maximum allowable sum of Forty Thousand Dollars ($40,000). • (*) Provision of Services for Two Hundred and Sixty (260) days, at One Hundred Fifty Three Dollars and Eighty-Four Cents ($153.84) per day, for a maximum not to exceed Forty Thousand Dollars ($40,000). • Invoicing - Contractor shall submit Monthly Invoices and Monthly Service Summary Reports (template attached) to Rhonda McPherson, Assistant Division Director, Division of Sanitation, 140 MacArthur Causeway, Miami Beach, Florida, 33139. dlt�4 • Method Of Payment - Payments shall be made within thirty (30) days of the date of invoice, in a manner satisfactory to and as approved and received by the City Manager and/or her designee, who shall be the City's Assistant Division Director, Division of Sanitation. • Responsibility Of The Contractor— Any individual selected by Contractor to perform services under this Agreement must be pre-screened and meet JCS's Rehabilitation and Employment Division criteria by completing treatment and counseling programs to address issues that were barriers to employment, and living in either transitional or permanent housing. All laborers will be supervised by a supervisor provided by the Contractor. • Duration And Extent Of Agreement (Term) — The Term of this Agreement shall commence upon issuance of Notice To Proceed, by the City and shall terminate no later than September 30, 2013. • Indemnification - Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub- contractors, or any other person or entity acting under Contractor's control, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. • Termination for Convenience of City - The City may, for its convenience and without cause, terminate this agreement at any time during the term hereof by giving written notice to Contractor of such termination, which shall become effective seven (7) days following receipt by the Contractor of the written termination notice. In that event, any finished or unfinished documents and other materials prepared and or otherwise compiled by Contractor pursuant to its provision of the Services, shall be promptly assembled and delivered to the City, at Contractor's sole cost and expense. if the Agreement is terminated by the City, Contractor shall be paid for any Services satisfactorily performed, as determined by the City Manager or his/her authorized designee, in their respective sole discretion and judgment, up to the date of termination; provided, however, that as a condition precedent to such payment, Contractor shall have delivered any and all documents, materials, etc, to City, as required herein. • Insurance Requirements - The Contractor shall not commence any work and/or Services pursuant to this Agreement until the required insurance below has been obtained, and such insurance has been reviewed and approved by the City's Risk Manager. Contractor shall maintain and carry in full force during the Term of this Agreement the following insurance: 1. Contractor General Liability, in the amount of$1,000,000. 2. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. 2o� a I i All insurance required hereunder must be furnished by insurance companies authorized to do business in the State of Florida. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager at the Office of the Risk Manager of the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. The Contractor is solely responsible for obtaining and submitting all insurance certificates for its sub-contractors. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. All of Contractor's certificates, as required, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. If the aforestated meets with your approval, please acknowledge and execute same in the space provided below. Upon execution by the City Manager (on behalf of the City), we will forward a fully executed copy to you for your records. Sincerely, Jay J. Fink, P.E. Assistant Public Works Director I 3 City of Miami Beach Division of Sanitation MIAMI BEA" CN Services Report Provider Jewish Community Services of So. Fl., Inc. Reporting Month February-13 Reporting Date Services Summary The following streets were cleaned during this reporting period: Lennox& 5th Street Lennox& 6th Street Lennox&7th Street Lennox&8th Street Lennox&9th Street Lennox& 10th Street Lennox& 11th Street Michigan &5th Street Michigan & 6th Street Michigan &7th Street Michigan &8th Street Michigan &9th Street Michigan & 10th Steet Michigan &11th Street Meridian & 5th Street Meridian & 6th Street Meridian & 7th Street Meridian &8th Street Meridian & 9th Street Meridian & 10th Street Meridian & 11th Street Meridian & 12 th Street Meridian & 13th Street Meridian & 14th Street Meridian & 14th Court Notes/Service Comments Signature of Submitter Date of Submission I have read this letter agreement and fully understand same, agree to be bound by the terms and conditions contained herein. Contractor/Jewish Community Services The City/City of Miami Beach Of South Florida B : B Y Y: Contractor Signature Kat a Brooks Interim City Manager Fred Stock, CEO 3 Print Name Date 31r�1�s Date KGB/JGG/FHB Cc: Kathie,brooks,.Interim City Manager NAT Jorge Gomez, Assistant City Manager Raul J. Aguila, First Assistant City Attorney INCORP ORATED F:\WORK\$ALL\(1)EMPLOYEE FOLDERS\FIORELLA SARMIENTO.JCS Letter of Agreem pa • •02003'., �� 26 _ } APPROVED AS TO FORM &LANGUAGE Fr)R E TION i y Att y ate 4 ff4-C