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2012-046-1641 - Agreement with FDOC 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 14, 2012 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 X X Funding Source: Stormwater Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) 2. Improve City infrastructure 2.5 Increase Citywide tree Canopy (planting trees) Sponsor Name Danny O. Crew, City Manager 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 AGREEMENT AND ADDENDUM WITH THE FLORIDA DEPARTMENT OF CORRECTIONS WORK SQUAD NO. WS755 FOR PUBLIC WORK SERVICES IN THE AMOUNT OF FIFTY‐EIGHT THOUSAND FOUR DOLLARS ($58,004.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The City has used the Florida Department of Corrections’ work squad since 2005, to reduce the amount of litter throughout the City, remove graffiti and assist the Public Works crew with landscaping tasks. In 2006 and 2009 the City added two additional FDOC work squads to help with the overwhelming workload. As of June 15, 2012 work squad contract (WS755) will expire, therefore requiring the City to enter into another agreement with the ITEM K-5) CONSENT AGENDA RESOLUTION Agreement w/FDOC 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 FDOC for continued services from this particular work squad. FDOC has proposed to enter into an agreement with the City which includes:  One year contract with the option to renew for an additional year;  Contract shall become effective on June 16, 2012;  Contract cost to will remain $58,004.00;  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. Proposed Action: It is recommended that City Council approve the attached resolution authorizing the agreement with Florida Department of Corrections for Work Squad 755. Attachment: Attachment 1: Contract #WS755 with Addendum A EXHIBIT “B” Page 1 of 2 ADDENDUM B TO AGREEMENT WS755 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. 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. 4. EFFECT OF ORIGINAL AGREEMENT: All terms of the Agreement not affected by this Addendum shall remain in full force and effect. 5. 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: __________________ ATTEST: ____________________ City Clerk Ronetta Taylor, CMC EXHIBIT “B” Page 2 of 2 Approved as to form and legal Sufficiency: ___________________________ Sonja K. Dickens, City Attorney FLORIDA DEPARTMENT OF CORRECTIONS By: _____________________________ Title:___________________________ Print Name: ______________________ Witnesses: ______________________________ Print Name: ____________________ ______________________________ Print Name: ____________________ Attest: ________________________________ Secretary Print Name: ______________________