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Letter of Agreement to the Jewish Community Services of South Florida, Inc.
do III- QS 7 S MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov OFFICE OF THE CITY MANAGER Tel:305.673.7010,Fax:305.673.7782 September 24, 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 control and sanitation support services (the Services), including sweeping, and litter removal, on swale areas, streets and gutters in the areas from 5t 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 Fifty Three Dollars and Eighty-Four Cents ($169.23) per day, for a maximum not to exceed Forty 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, 2016. • 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 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, ge.:6 Eric T. Carpen -r, P.E. Public Works Director 3 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 Miam' Beach Of South Flo '•a By: +','� By: i�.7 Contractor Signature Ji y Y or es Cit Mana v er pi2E-b S7o CK ct (Z ti f r Print Name Date /0 09— �.� Date JM/MT/EC Cc: Jimmy Morales, City Manager Raul J. Aguila, City Attorney 4 ACORO® DATE(MM/DD/YYY1n CERTIFICATE OF LIABILITY INSURANCE 1 6/19/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONIAGr NAME: Debbie Franz.CPCU.ARM Frank Crystal&Co.,Inc. PHONE FAx dba Crystal Company No E><t):3059385101 Liam.N0)305-421-0999 Financial Square,32 Old Slip ADDRESS:Debbie.Franzelcrystalco.com New York,NY 10005 INSURER(S)AFFORDING COVERAGE NAIC s ,INSURER A:Bridgefield Employers Insurance Corn 10701 INSURED GREAMI INSURERB:Arch Insurance Company 11150 Jewish Community Services of South FL.Inc. INSURER C: Attn:Ilene Lew INSURER D: 735 NE 125th St North Miami FL 33161 INSURERE: _INSURER F: COVERAGES CERTIFICATE NUMBER:98162048 REVISION NUMBER: - THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UM ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POUCY NUMBER (r 411XVYYYri jMMJDDIYYYIQ„ LIMITS B GENERAL UABIUTY NCPKG0062107 16/302015 3/302016 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 ----CLAIMS-MADE X OCCUR ":'` '-- •' - - - MED EXP(Any one per) $20,000 PERSONAL BADV INJURY $1,000,000 • . .. .. ...,. . , . ^_. GENERAL AGGREGATE 53,000,000 _- GEN'LAGGREGATE LIMIT APPLIES PER:- '... , . • _.. PRODUCTS-COMP/OP AGG $3,000,000 POLICY PE Q n LOC-- - • - - $ B -AUTOMOBILEUABIUTY -- - -NCAUT0062107 .. .__. - '6/302015 3/302016 WMb1NbUSINGLtLIMII (Ee oidant) $1,000,000 _ X ANY AUTO .. BODILY INJURY(Per person) $ • ALL OWNED NED _AUTOSULED -, _. ._ BODILY INJURY(Per oxidant) $ X HIRED AUTOS X AUTOS ED leer aO DAMAGE $ $ B UMBRELLA UAB X OCCUR NCFXS0062102 .-- 6/30/2015 6/302016 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE -__---._. --_-. AGGREGATE $10,000,000 DEO ]RETENTION$ _- - $ A WORKERS COMPENSATION BEIC083050558 .-- --4/1/2015 4/12016 X C !ICI 1 I ER AND EMPLOYERS'UABIUTY YIN_ _._._.. .-------.-- ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? n NIA --- - --•---------- —.-.-._-_ E.L.EACH ACCIDENT 51,000,000 (Mandatory in f�H) _'-.---_ E.L.DISEASE-EA EMPLOYEE $1,000,000 If yyebss,,describe Under •-DESCRIPTIONOFOPERATIONSbelow _ E.L.DISEASE-POLICY LIMIT_$1,000,000 B -Sodal.SeM_Ges _r_. ____- •_-__-_,. NCPKG008 107 6/302015_-._-3/302016 Aggregate $1,000,000 Professional:Liability Each Prof-Incident $1,000,000 DESCRIPTION OF.OPERATIONS(•LOCATIONS I VEHICLES;(Attach ACORD 101,Additional R m emerke Schedule,If ore apace Is required) . •. .. -S:77N- gia-Y 1 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE - - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POUCY PROVISIONS. Attn:Office of Real Estate 1700 Convention Center Drive AUTHORIZED REPRESENTATIVE Miami Beach,FL 33139 ti 1 • ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD