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From: Jackson, Robin Jones
Sent: Tuesday, April 05, 2005 12:30 PM
To: Gomez -Chen, Marta; Thompson, Priscilla A.; Scheider, Sylvia
Cc: Legislative Division; Alonso, Elvi G.; Diaz, Julianne; Estevez, Elyrosa; Carrillo, Dania; Gomez,
Frank
Subject: RE: Legistar File No. 05-00293-Wagner Creek Inlet Retrofit
Good Morning to All — Thanks for your questions to Marta. Please note that the authorization by Resolution of
accepting the bid and authorizing the City Manager must come first in order for this particular agreement to
then legally exist and proceed to be finalized. Otherwise there would be no need for a Service Provider to give
the City any performance bond, insurance, or its own resolution because the City would not have authorized
the agreement, the agreement would not exist, and the City would not be able to ask the Service Provider to
begin the expense of the agreement finalization processes, including providing the actual items in the
"Attachments" for an agreement that's not legally authorized to exist.
So the form of the agreement seeking authorization in the Resolution has to show now that those
"Attachments" will become a part of the final executed agreement if the Resolution is passed to authorize the
City Manager to enter into a final agreement. Think of the pages that say "Attachment A- Performance Bond",
"Attachment B-Corporate Resolution", and "Attachment C- Copies of Insurance Certificates" as "place -holders"
in the substantial form of agreement which show that the final document will need to have these requirements
met. Showing what Attachments will be required if the agreement is legally authorized is not unusual for this
type of agreement where the City Commission must first accept the bid and authorize the City Manager, before
we can enter into an agreement with a Service Provider; and the Service Provider for this agreement does not
undertake the expense of providing to Risk and Public Works the actual performance bond and the actual
insurance coverages until after we know whether the City Commission has accepted the bid and authorized the
City Manager to enter into that agreement.
If the Resolution is passed authorizing the City Manager to enter into a final agreement, then the actual
performance bond, the actual corporate resolution of the Service Provider, and the actual insurance coverage
certificates will be received from the Service Provider by Public Works before the actual document is reviewed
by Risk Management and our office and executed by the City Manager and the City Clerk, with one original
(with all completed actual items required to be Attachments) retained as the actual official City record with the
City Clerk's Office. So the real Attachments become part of the final record of the agreement at that time when
the document execution processes are completed, not now.
If anyone has any further questions, please call me directly at 305-416-1853.
Thanks and Best Regards to All — Robin
Robin J. Jackson
Assistant City Attorney
305-416-1853
From: Gomez -Chen, Marta
Sent: Tuesday, April 05, 2005 11:01 AM
To: Thompson, Priscilla A.; Scheider, Sylvia
Cc: Legislative Division; Jackson, Robin Jones; Alonso, Elvi G.
Subject: Legistar File No. 05-00293-Wagner Creek
Good Morning,
This item is scheduled for the April 14, 2005 City Commission Meeting. I wanted to let you know that there is
an agreement that will be attached, that as of now, contains two blank attachments. "Attachment A" is a
performance bond and "Attachment C" is an insurance document. Robin Jones Jackson, the attorney assigned
fileifiCiUsers/rolivera/AppData/Local/Temp/legitemp13585.htm 11/3/2016
Page 2 of 2
to this item, has stated that those attachments will be prepared upon execution. She wanted to include them,
even though it is blank, to show the Commissioners, that the Law Department expected those documents.
Robin has advised me that your office receives all the contracts, and that it will eventually, be received.
I wanted to advise you of this, due to last week's meeting.
Thanks,
Marta
file:///C:/Users/rolivera/AppData/Local/Temp/legitemp13585.htm 11/3/2016