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Leter of Agreement to JCS a of 3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 331,39,www.miamibeachfl.gov OFFICE OF THE CITY MANAGER Tel:305.673.7010,Fax:305.673.7782 January 13, 2014 Jewish Community Services of South Florida, Inc. Attn: Fred Stock, Executive Director 735 NE 125th 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 Contractors 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), includin sweeping, and litter removal, on swale areas, streets and gutters in the areas from 5' to 11 th 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. I • 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, 2014. • 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. 2 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 coverage. 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, f Eric T. Carpen r, P.E. Public Works irector 3 i 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 By: By: Contractor Signature Ji my Mo les Cit Manager Fred Stock, CEO Print Name Date Date JM/MT/EC Cc: Jimmy Morales City Manager Mark Taxis, Assistant City Manager ATTEST- Raul J. Aguila, Chief Deputy City Attorney a i i APPROVED AS TO FORM& LANGUAGE &FOR EXECUTION me r Date 4 I City of Miami Beach Division of Sanitation Services Report Provider Jewish Community Services of So. Fl., Inc. Reporting Month Reporting Date q t � 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 i 0 0 signature of Submitter Date of Submission I