2014-28780 Reso RESOLUTION NO. 2014-28780
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5/7TH 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$44,0009 FOR THE PROVISION
OF LITTER CONTROL AND SANITATION SUPPORT SERVICES, THROUGH
JCS'S HOPE PROGRAM,IN THE AREA FROM 5TH TO 11TH 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 right-of-ways, 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, swale and gutter
areas, from 5th Street to 11th Street, between Lenox Avenue and Meridian Avenue,from 6 am to 11
am,five(5)days a week,for two hundred and sixty(260)days, at one hundred sixty nine and twenty
three cents ($169.23) per day, for a maximum not to exceed forty-four thousand dollars ($44,000);
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,forty-four thousand dollars($44,000)was appropriated as part of the Sanitation
Budget for the HOPE Program in FY 2014-15; 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 Manager 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 5/7th 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$44,000, for the provision of
litter control and sanitation support services, through JCS's HOPE Program, in the area from 5th
Street to 11 th street, between Lenox Avenue and Meridian Avenue.
PASSED AND ADOPTED this o2? day of 2014.
ATTEST:
r ayor
Rafael Granado, CO Clerk IRCORP ORATED:
CYO
TA\AGENDA\2014\0ctober\PUBLIC WORKS\JCS Waiver of competitive bidding reso.doc
APPROVED AS TO
FORM & LANGUAGE
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City Attorney G� Date
1M_ 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
October 22, 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 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_..co.ntrol._and-sanitation
__
support services (the Services), including sweeping, and litter removal, on swale areas,
streets and gutters in the areas from 5th to 11th 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-four Thousand Dollars ($44,000).
• (*) Provision of Services for Two Hundred and Sixty (260) days, at One Hundred Sixty
Nine Dollars and Twenty Three Cents ($169.23) per day, for a maximum not to exceed
Forty-four Thousand Dollars ($44,000).
• 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.
• 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, 2015.
• 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.
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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
9 Y 9
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,
Eric T. Carpenter, P.E.
- Public Works-Director---------
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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 Jimmy Morales
City Manager
Print Name Date
Date
J M/MT/EC
Cc: Jimmy Morales, City Manager
Mark Taxis, Assistant City Manager
Raul J. Aguila, Chief Deputy City Attorney
APPROVED AS TO
FORIV-4 LANGUAGE
&-FOR EXECUTION
A,- , 16- (A ,-(A,-
City Attorney Date
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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$44,000, For The Jewish Community Services Hope
Program.
Key Intended Outcome Supported:
To improve and maintain cleanliness of Miami Beach rights of way
Supporting Data (Surveys, Environmental Scan, etc.):
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 right-of-ways, swale, streets and gutters.
The City has provided annually 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 provide funds for the JCS to support the HOPE Program. $44,000
was appropriated as part of the Sanitation Budget for the HOPE Program in FY 2014/15. However,there is
no authorization to enter into an annual agreement with JCS.
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 right-of-ways, especially in business areas.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amou Account Approved
F ds: nt
r�" 0;�) , 1 $44,000 Sanitation Combined Budget in FY
2014/15, Account#435-0430-000312.
OBPI Total $44,000
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric Carpenter, Public Works X6012
Sign-Offs:
Department Director Assistant City Manager. City ManageW
FTC MT JLM
TAAGENDAMMOctoberTUBLIC WORKSWCS waiver of competitive bidding Summary.doc
I m AGENDA ITEM
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MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of a City Com ission
FROM: Jimmy L. Morales, City Manager
DATE: October 22, 2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVI G BY 5/7T" 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 $4490009 FOR THE JEWISH COMMUNITY
SERVICES HOPE PROGRAM.
RECOMMENDATION
The administration recommends approving the Resolution.
FUNDING
$44,000 Sanitation Combined Budget in FY 2014/15,
Account#435-0430-000312.
$44,000 TOTAL
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 right-of-ways, swales, streets and gutters.
The City has provided annually 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
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 provide funds for the JCS to support
the HOPE Program. $44,000 was appropriated as part of the Sanitation Budget for the HOPE
Program in FY 2014/15. However, there is no authorization to enter into an annual agreement
with JCS.
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 right-of-ways, especially in
business areas.
CONCLUSION
The administration recommends approving the Resolution.
MT/O C/BAM/FRS
TAGENDA12 MOctober\PUBLIC WORMJCS waiver of competitive bidding memo.docx