HomeMy WebLinkAbout2010-015-1197 - Agreement with FDOC for Public Works Services
City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 27, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: Transportation Fund/Public Works Advertising Requirement: (Enter X
in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name City Manager Danny O. Crew Department: Public Works Short Title: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT AND ADDENDUM WITH THE FLORIDA DEPARTMENT
OF CORRECTIONS (“FDOC”) FOR PUBLIC WORKS SERVICES IN THE AMOUNT OF FIFTY-SIX THOUSAND FOUR HUNDRED SIXTY-SEVEN DOLLARS (56,467.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City has used the Florida Department of Corrections’ work squad #1 since 2005 to reduce the amount
of litter throughout the City, remove graffiti, and assist the public works crews with landscaping tasks. In 2006 and 2009 the City added FDOC work squads #2 and #3 to help with the
overwhelming workload. As of February 27, 2010, work squad #1’s contract will expire, therefore requiring the City to enter into another agreement with the Florida Department of Corrections
for continued services from this particular work squad. FDOC proposes to enter into an agreement with the City which includes: • One year contract with the option to renew for an additional
year; ITEM J-1) CONSENT AGENDA RESOLUTION Authorizing a Contract w/Florida Dept. of Corrections
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Contract shall become effective on February 28, 2010; • Contract cost to the City will be $56,467 (same as last
year); • Stipulates termination “at will” by the City upon 60 days notification, or by the FDOC with 60 days notification to the City. Other terms and conditions remain the same as work
squads #2 and #3. Staff recommends approval of the one year contract with the Florida Department of Corrections. Proposed Action: It is recommended that Council approve the attached
resolution calling for the renewal of Florida Department of Corrections’ contract for services provided by work squad #1. Attachment: Attachment A -Contract #WS587 Attachment B – Addendum
to Agreement
EXHIBIT “B” ADDENDUM B TO AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND CITY OF MIAMI GARDENS THIS ADDENDUM ("Addendum") is incorporated into that Agreement, between the
Florida Department of Corrections (“Department”) and the City of Miami Gardens ("Agency"). 1. DISPUTES: Section VII. (C) of the Agreement referencing disputes shall be stricken in its
entirety. 2. VENUE: In the event of litigation, the Court of proper jurisdiction in Miami-Dade County, Florida shall be the proper venue and forum. 3. INDEMNIFICATION: The Department
hereby agrees to be liable for and shall indemnify, defend and hold harmless the Agency from all claims, judgments, or damages including court costs and attorneys fees arising out of
any actions by the inmates performing services pursuant to this Agreement as well as any other employees of the Department performing services pursuant to this Agreement. 4. INCONSISTENCY:
In the event of an inconsistency or contradiction between the terms hereof and the terms of the Agreement, to which this Addendum is attached, the terms hereof shall control. 5. EFFECT
OF ORIGINAL AGREEMENT: All terms of the Agreement not affected by this Addendum shall remain in full force and effect. 6. CONFLICT: In the event of any conflicts between this Addendum
and the Agreement, this Addendum shall control. In all other respects, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year set forth below their respective signatures. CITY OF MIAMI GARDENS ________________________ ________________ Dr. Danny Crew, City Manager Date 124915_1
EXHIBIT “B” 124915_1 ATTEST: ____________________ City Clerk Ronetta Taylor, CMC Approved as to form and legal Sufficiency: ___________________________ Sonja K. Dickens, City Attorney
DEPARTMENT OF CORRECTIONS ________________________ ________________ Richard D. Davison Date Deputy Secretary Department of Corrections Approved as to form and legal Sufficiency: _____________________
______ Kathleen Von Hoene General Counsel Department of Corrections