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C7L-Waive Bidding-Execute LOA With JCS Litter Control And Sanitation Support SerCOMMISSION ITEM SUMMARY Gondensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving By Votes, The Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best lnterest Of The City, And Authorizing The City Manager To Execute A Letter Of Agreement With Jewish Community Services Of South Florida, lnc. ln The Amount Of $44,000, For The Jewish Community Services Hope ,Key Intended Outcome Supported:v-l Environmental Scan Item Summary/Recommendation : Since 1995, the City of Miami Beach has collaborated with Jewish Community Services of South Florida, lnc. (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 transitionalor 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 2002103 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 2014115. 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 lntended Outcomes, which is to improve the cleanliness of Miami Beach right-of-ways, especially in business areas. THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION. Financial Information: Fy1r{s:&)\'/ oBPr Financial lmpact Summary: Sanitation Combined Budget in FY 20141 1 5, Account # 435-0430-00031 2. Assistant Citv Manaoer T:\AGENDA\2014\October\PUBLIC WORKSUCS waiver of competitive bidding Summary.doc AGEFIDA fiEM E7 L# frA*AMIB*ACH uArn lo')a'/y136 MIAMI BEACH City of Miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO:Mayor Philip Levine and Members of Fre City Com FROM: Jimmy L. Morales, City Manager DATE: October 22,2014 SUBJECT: A RESOLUTION OF THE MAYORIAND CITY COMMISSION OF THE CITY OF MIAMT BEACH, FLORIDA, WAIUIG BY 5N1H VOTES, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUGH 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. RECOMMENDATION The administration recommends approving the Resolution. FUNDING $44,000 $44,000 Sanitation Combined Budget inFY 2014115, Account # 435-0430-00031 2. TOTAL BACKGROUND Since 1995, the City of Miami Beach has collaborated with Jewish Community Services of South Florida, lnc. (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 137 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 2002103 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 2014115. 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 lntended Outcomes, which is to improve the cleanliness of Miami Beach right-of-ways, especially in business areas. CONCLUSION The administration recommends approving the Resolution. MrtffiB^M/FRS T:\AGENDA\2014\OctobeAPUBLlC WORKSUCS waiver of competitive bidding memo.docx 138 RESOLUTION NO. 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 AGREEMENTWITH JEWISH COMMUNITYSERVICES OF SOUTH FLORIDA, INC., IN THE AMOUNT OF $44,000, FORTHE PROVISION OF LITTER CONTROL AND SANITATION SUPPORT SERVICES, THROUGH JCS'S HoPE PRoGRAM, tN THE AREA FRoM 5,, 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, lnc. (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 1 1th Street, between LenoiAvenue and Meridian Avenue, from 6 am to 1 1 am, five (5) days a week, fortwo 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 lndex 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 waiverto be in the best interest of the City, and authorize the City Managerto enter into a Letter of Agreement with JCS to provide the aforestated services. 139 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 5t7th 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, lnc., 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 Sth Street to 11th street, between Lenox Avenue and Meridian Avenue. PASSED AND ADOPTED this ----- day of _,2014. ATTEST: Philip Levine, Mayor Rafael Granado, City Clerk City Attorney Date T:\AGENDA\2014\OctobeAPUBLlC WORKSUCS Waiver of competitive bidding reso.doc APPROVED AS TO FORM & LANGUAGE (o- (+- (k Doie 140 g MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov OFFICE OF THE CITY MANAGER Tel: 305.673.701 0, Fax: 305.67 3.77 82 October 22,2014 Jewish Community Services of South Florida, lnc. 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 JEWTSH COMMUNTTY SERVTCES OF SOUTH FLORTDA, rNC. (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, lnc., 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 (Seruices/ - 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 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 lndex program. JCS must score a minimum of 1.5 on the City's Cleanliness lndex Assessmenfs (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). lnvoicing - Contractor shall submit Monthly lnvoices and Monthly Service Summary Reports (template attached) to Rhonda McPherson, Assistant Division Director, Division of Sanitation, 140 MacArthur Causeway, Miami Beach, Florida, 33139. 141 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 Ot 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. lndemnification - 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. ln that event, any finished or unfinished documents and other materials prepared and or othenruise 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. lnsurance 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. 142 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 insu rance 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 Vl" as to strength by the latest edition of Best's lnsurance 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 Contracto/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. lf 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 fonruard a fully executed copy to you for your records. Sincerely, Eric T. Carpenter, P.E. Public Works Director 143 By:By: I have read this letter agreement and fully and conditions contained herein. Contractor/Jewish Comm unity Services Of South Florida Contractor Signature Print Name Date JM/MT/EC Cc: Jimmy Morales, City Manager Mark Taxis, Assistant City Manager Raul J. Aguila, Chief Deputy City Attorney understand same, agree to be bound by the terms The City/City of Miami Beach Jimmy Morales City Manager Date APPROVED AS TO FORM & LANGUAGE & FqR EXECUTTON& Fxl EXEGUT|ON *!J,]*\- to- (4 -A- - Date 144 THIS PAGE INTENTIONALLY LEFT BLANK 145