HomeMy WebLinkAboutR-03-0726J-03-506
06/05/03
RESOLUTION NO. 03— 726
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), BY A FOUR-FIFTHS ( 4 / STxs )
AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING
THE CITY MANAGER'S FINDING OF SOLE SOURCE;
WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDDING PROCEDURES AND APPROVING THE
IMPLEMENTATION OF THE "ADOPT -A -WATERWAY"
PROGRAM, AN EDUCATIONAL PROGRAM TO IMPROVE
CITY OF MIAMI RESIDENTS' AWARENESS OF THE
ENVIRONMENT AND TO PROTECT THE WATERFRONT,
INCLUDING THE MIAMI RIVER, NAVIGABLE CANALS
AND BISCAYNE BAY AT NO COST TO THE CITY,
FROM ADOPT -A -WATERWAY® LLC, THE SOLE SOURCE
PROVIDER; AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH
ADOPT -A -WATERWAY® LLC, FOR SAID PURPOSE.
WHEREAS, the Department of Municipal Services is seeking to
implement the "Adopt -a -Waterway" Program for a broad
environmental educational program for City of Miami ("City")
residents and to protect the waterfront, including the Miami
River, navigable canals, and Biscayne Bay; and
WHEREAS, the "Adopt -a -Waterway" Program can also provide
the City of Miami ("City") with a revenue source and free
television and radio advertisement; and
Ir`a C J
CONTAINED
CITY COMMISSION
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Resolution No.
03-
7 N;:
WHEREAS, the "Adopt -A -Waterway" Program consists of
affixing metallic signs on existing poles at specific and
approved locations within the City stating positive and
educational environmental messages; and
WHEREAS, the "Adopt -a -Waterway" Program can only be
acquired from ADOPT -A -WATERWAY® LLC, the sole source provider,
which has a pending patent due to its uniqueness; and
WHEREAS, the City will receive a portion of the revenues
generated by the sponsors of the individual signs for use
towards compliance with the City's environmental permit
requirements, as well as publicity, at no cost, via public radio
and television advertisements; and
WHEREAS, the monies received from this program will be
deposited into a specific Special Revenue Fund; and
WHEREAS, the Chief Procurement Officer has adopted a
finding that ADOPT -A -WATERWAY® LLC is the only provider to
provide this unique and valuable service; and
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03- 726
WHEREAS, the finding of the Chief Procurement Officer has
been approved and adopted as the finding of the City Manager;
and
WHEREAS, the City Manager and the Director of the
Department of Municipal Services recommend that the requirements
for competitive formal sealed bids be waived and the
implementation of the Adopt -a -Waterway Program be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. By a four-fifths (4/5ths) affirmative vote,
after an advertised public hearing, the City Manager's finding
of sole source is ratified, approved and confirmed, the
requirements for competitive sealed bidding procedures are
waived, and the utilization of the "'Adopt -a-Waterway" Program,
an educational program to improve City of Miami residents'
awareness of the environment, and to protect the waterfront,
including the Miami River, navigable canals and Biscayne Bay at
no cost to the City, from ADOPT -A -WATERWAY® LLC, the sole source
provider, is approved.
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Section 3. The City Manager is authorized!' to execute a
Professional Services Agreement, in substantially the attached
form, with ADOPT -A -WATERWAY® LLC, for said purpose.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
PASSED AND ADOPTED this 25th day of June , 2003.
ATTEST:
7i
PR CILLA A. THOMPSON
CITY CLERK
APPROVE jPK,I(OSRM AND CORRECTNESS&
EJA M,,VILARELLO
T ATTORNEY
287:tr:AS:BSS
l� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable City
Charter and Code provisions.
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 4 of 4 03— 726
PROFESSIONAL SERVICES AGREEMENT
CITY OF MIAMI and ADOPT -A -WATERWAY
Form VII(a)
This Agreement is entered into this day of , 2003 by and between the
City of Miami, a municipal corporation of the State of Florida, ("City") and ADOPT -A -
WATERWAY® LLC, a California Limited Liability Company, ("Provider").
RECITALS:
A. The City is in need of the implementation and administration of an Adopt -A -
Waterway Program' (the "Program") in accordance with the terms and conditions of this
Agreement, for its department of Municipal Services, Public Works Division.
B. Provider possesses all necessary qualifications and expertise to perform the
Services.
C. The City wishes to engage the services of Provider, and Provider wishes to
perform the services for the City.
1 The Program consists of a series of actions and methods that promote reducing storm water runoff pollution. As owner and
operator of the Program, AAW begins by gathering and analyzing the street layout in a municipality. AAW then gathers and
reviews traffic counts on the municipality's streets. Based on this information, AAW develops a list of locations at which signs
bearing water pollution messages can be displayed and seen by many people. The messages may include one of AAW's
trademarked slogans, such as "Cleaner Cities, Cleaner Oceans," or "Cleaner Cities, Cleaner Rivers."
AAW seeks out businesses that are interested in sponsoring these messages in the municipality and negotiates agreements
providing for the payment of sponsorship fees on an agreed number of signs. AAW and the municipality negotiate an agreement
authorizing AAW to place the sponsored signs at useful locations in the municipality. In exchange for allowing the placement of
these signs, the municipality receives a portion of the sponsorship fees, and agrees to dedicate its receipts from this program to
comply with its NPDES permit (storm water and urban runoff pollution programs under the Clean Water Act) expenses.
At no charge, AAW also provides the municipality with written materials and other forms of media that can be used to meet
other aspects of the municipality's educational obligations under the Clean Water Act.
AAW is solely responsible to install, maintain, repair and remove all Program signs in the municipality.
The ADOPT-A-WATERWAYrm Program is protected by a U.S. patent filing. The ADOPT-A-WATERWAYrm name is
protected by a U.S. trademark registration.
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DRAFT City of Miami and Adopt -A- Waterway
Professional Services Agreement
D. The Chief Procurement Officer has determined that the ADOPT -A -WATERWAY
program is a sole source in accordance with Section 18-92 of the Code of Ordinances of the City
of Miami.
E. The City Commission, by Resolution No. - , adopted on May
2003, authorized the City Manager to execute a contract with Provider under the terms and
conditions set forth herein.
F. Provider acknowledges that this contract is subject to and contingent upon the
Provider's obtaining any and all necessary permits from the Florida Department of
Transportation and/or Miami -Dade County for the use of their poles in accordance with the terms
of this agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
2. TERM: The term of this Agreement shall commence on the date of execution
hereof. This Agreement shall continue for an initial term of five (5) years.
3. OPTION TO EXTEND: The City shall have one (1) option to extend the term
hereof for a period of an additional five (5) more years by notifying Provider in writing within a
minimum of sixty (60) days before the end of the current term. City Commission approval shall
not be required as long as the total extended term does not exceed five (5) years.
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4. SCOPE OF SERVICE:
City of Miami and Adopt -A- Waterway
Professional Services Agreement
A. Provider agrees to provide the Services as specifically described, and subject to
the special terms and conditions set forth in Exhibit "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that: (i) it possesses all
qualifications, licenses and expertise required for the performance of the Services; (ii) it is not
delinquent in the payment of any sums due the City, including payment of permits fees,
occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all
personnel assigned to perform the Services are and shall be, at all times during the term hereof,
fully qualified and trained to perform the tasks assigned to each; and (iv) the Services will be
performed in the manner described in Exhibit "A".
5. COMPENSATION:
A. City, in return for allowing the placement of signs sponsored by Environmental
Partners ("EPs")2, shall receive fifty percent 50% of all net signage sponsorship3 fees paid by
EPs to Provider during the term of this Agreement with respect to signs installed in City. Said
net signage sponsorship proceeds due City are expected to be an estimated minimum amount of
Two Hundred and Fifty Thousand ($250,000.00) Dollars in annual proceeds. Said proceeds will
be reviewed on an annual bases and the City reserves the right, after the second year of
participation in the program to renegotiate the terms of this agreement and/or cancel this
Agreement, upon proper notice to Provider, if these expectations are not met.
2 Environmental Partners are defined as persons or entities that wish to sponsor advertisements to be placed within
the City. Environmental Partners pay for the creation of the signs and a monthly fee for their logo and/or name to be
placed on the advertisements along with the environmental message.
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Professional Services Agreement
City understands that net signage sponsorship fees do not include (i) set-up charges and
other amounts charged by Provider to EPs to cover Provider's costs of designing the EP's signs
and implementing the EP's participation in the Program, (ii) charges to repair and replace signs,
(iii) other unrelated fees paid by EPs to Provider, and (iv) brokerage or agency fees paid by
Provider or deducted from amounts received by Provider. The remaining 50% of the net signage
sponsorship fees paid by EPs to Provider for signs in City shall be retained by Provider as
compensation for implementation and administration of the ADOPT -A -WATERWAY®
Program within City.
B. In the event other advertisements are agreed upon between Provider and City,
including but not limited to bus advertisements and bus bench advertisements, the compensation
shall be received by the City and distributed as follows: the City shall receive 80% of the
proceeds and Provider shall receive 20% of the proceeds, after reimbursement to Provider for
initial associated costs
C. City will dedicate and use all of its revenues under this Agreement solely to
implement and operate storm water and urban run-off pollution prevention programs within City,
including but not limited to the following:
i. Catch basin inserts
ii. High-technology cleanup systems
iii. Dry flow and low flow diversions
iv. Urban watershed and storm drain cleaning
v. Litter control
vi. Water quality monitoring
vii. Outreach and education programs
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viii. Training Inspector Program
D. Provider shall pay all funds due City from each EP payment within thirty (30)
calendar days following end of the calendar month in which Provider received the EP's payment.
E. If City exercises its right under Paragraph 1 to cause the non -renewal of the term
of this Agreement, City will be entitled to receive its share of any signage sponsorship fees
received by Provider until the end of the term of this Agreement.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider is and shall at all times remain the property of the City. Provider agrees that, without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion, it will not use any such information, document, report or material for any purpose
other than in connection with the performance of its obligations under this Agreement.
The City understands and agrees that the Program, all documents, reports, signs, displays
and other materials that are a part of the Program or are otherwise created or developed by
Provider (including, without limit, the ADOPT -A -WATERWAY® logo or trademark, or the
Program itself) and all information contained in such documents, signs, displays and other
materials, shall for all purposes be deemed the sole property of Provider. The City agrees that,
without the written consent of Provider, which may be withheld or conditioned by the Provider
in its sole discretion, it will not use or have any rights in any such information or any such
document, report, sign, display or other material (including without limit, the ADOPT -A -
WATERWAY® logo or trademark, or the Program itself). Notwithstanding the foregoing, City
may continue to use any educational materials provided by Provider after the termination of this
Agreement unless this Agreement is terminated by Provider for cause. City will execute and
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Professional Services Agreement
deliver any document reasonably requested by Provider to confirm the intention or
implementation of this Paragraph.
7. LIMITED LICENSE TO ENTER PROPERTY. Subject to the approval by the
Florida Department of Transportation and/or Miami -Dade County, the City hereby grants
Provider and its employees, agents and contractors a limited license, for the entire term of this
Agreement and any period after the termination of this Agreement that may reasonably be
necessary to remove any signs, to enter into and occupy all locations designated on Exhibit D
(or in a subsequent writing signed by City) for the purpose of performing Provider's obligations
under this Agreement. City will execute and deliver any other documents that are reasonably
requested or required to confirm this grant, subject to the prior approval of the City Attorney.
8. AUDIT AND INSPECTION RIGHTS:
A. The City will bi-annually and/or at other reasonable times, and for a period of up
to three (3) years following the date of final payment by the Provider to City under this
Agreement, audit, or cause to be audited, those books and records of Provider which are related
to Provider's performance under this Agreement. Provider agrees to maintain all such books and
records at its principal place of business for a period of three (3) years after final payment is
made under this Agreement.
Provider shall have the right, on a date reasonably designated by City within 30 calendar
days of Provider's written request to City, to audit City's books and records to confirm that
City's expenditure of payments received from Provider is solely for the programs permitted in
this agreement. Provider may exercise this right once in each calendar year.
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B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Provider under this Agreement conform to the
terms hereof, if applicable. Provider shall make available to the City all reasonable facilities and
assistance to facilitate the performance of tests or inspections by City representatives. All tests
and inspections shall be subject to, and made in accordance with, the provisions of Section 18-
100 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from
time to time.
9. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company employed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
10. EXCLUSIVITY. During the term of this Agreement City agrees that it will not
implement or contract with any person or entity other than Provider to implement or provide to
City a program or services which are similar to the ADOPT -A -WATERWAY® Program or
similar to the services contemplated by this Agreement. This prohibition is limited to programs
or services addressing storm drains and waterway environmental programs that are similar to
Provider's Program as defined in footnote one (1) of this agreement.
11. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
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comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that agreements between private entities and local Cities are subject to certain laws
and regulations, including laws pertaining to public records, conflict of interest, record keeping,
etc. City and Provider agree to comply with and observe all applicable federal, state and local
laws, rules, regulations, codes and ordinances, as they may be amended from time to time.
Provider further agrees to strictly comply with Miami -Dade County Code of Ordinances Article
VI titled "Signs".
13. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the performance or non-performance of the services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
whole or in part, by any act, omission, default or negligence (whether active or passive) of
Provider or its employees, agents or subcontractors (collectively referred to as "Provider"),
regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent
or contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the
paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other
regulations or requirements of any City or authority, federal or state, in connection with the
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Professional Services Agreement
performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the
Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Provider, or any of its subcontractors, as provided above, for
which the Provider's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws.
City agrees to indemnify, defend, and hold harmless Provider and its officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature, including
reasonable attorneys' fees, arising out of City's gross negligence, willful misconduct or fraud in
the performance of this Agreement by Government, Government's agents, officers, appointed
boards, agents, subcontractors or independent contractors employed to perform under this
Agreement.
14. BREACH OF AGREEMENT:
A. If Provider fails to comply with any term or condition of this Agreement, or fails
to perform any of its obligations hereunder, then Provider shall be in breach of this agreement.
B. For purposes of this Agreement, each of the following shall be a "Material
Breach:"
(i) AASD fails to pay City any amounts it is owed;
(ii) AASD fails to maintain the insurance required by this Agreement; or
(iii) either party attempts to terminate this Agreement contrary to its terms.
In the event of a Material Breach, the non -breaching party may give written notice of the
breach to the other party, which party shall then have thirty (30) days (or such longer period as it,
proceeding with reasonable diligence, shall require) from receipt of the written notice to cure the
Material Breach. If the Material Breach is not cured within that period, the non -breaching party
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may terminate this Agreement by giving at least thirty (30) days' advance written notice to the
breaching party.
In the event of the breach of any other provision of this Agreement, the non -breaching
party may give written notice of the breach to the other party, which party shall then have ninety
(90) days (or such longer period as it, proceeding with reasonable diligence, shall require) from
receipt of the written notice to cure the breach. If the breach is not cured within that period, the
non -breaching party may terminate this Agreement by giving at least thirty (30) days' advance
written notice to the breaching party.
In the event of any breach, the non -defaulting party shall be entitled to any and all
remedies and recoveries provided by law including, without limit, in the case of a breach
resulting in termination of this Agreement, the cost of sign removal from all sites where signs are
installed within the City.
15. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds $25,000, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $25,000; or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (90 days if City Manager's decision is subject to
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Professional Services Agreement
City Commission approval); or (iii) City has waived compliance with the procedure set forth in
this section by written instruments, signed by the City Manager.
16. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to Provider at least thirty (30) business days prior to the
effective date of such termination. In such event, the Provider shall pay to City percentage of
signage sponsorship due through the effective date of termination.
17. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. (Please see attached Exhibit "E".) All such
insurance, including renewals, shall be subject to the approval of the City for adequacy of
protection and evidence of such coverage shall be furnished to the City on Certificates of
Insurance indicating such insurance to be in force and effect and providing that it will not be
canceled during the performance of the services under this contract without thirty (30) calendar
days prior written notice to the City. Completed Certificates of Insurance shall be filed with the
City prior to the performance of services hereunder, provided, however, that Provider shall at
any time upon request file duplicate copies of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
an additional liability insurance coverage or coverage which is different in kind, the City
reserves the right to require the provision by Provider of an amount of coverage reasonably
different from the amounts or kind previously required and shall afford written notice of such
change in requirements thirty (30) days prior to the date on which the requirements shall take
effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within
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Professional Services Agreement
thirty (30) days following the City's written notice, this Contract shall be considered terminated
on the date the required change in policy coverage would otherwise take effect.
18. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
19. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume of City
procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of
which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall
have the right to terminate and cancel this Agreement, without notice or penalty to the City, and
to eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false of misleading information as
to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
20. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may not be unreasonably withheld by
City.
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21. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
To Provider:
ADOPT -A -WATERWAY
919 Manhattan Avenue, Suite 100
Manhattan Beach, CA 90266
Attn: Paul Polizzotto
22. MISCELLANEOUS PROVISIONS:
To the City:
PUBLIC WORKS DIVISION
Dept. of Municipal Services
444 SW 2nd Avenue, 8d' Floor
Miami, FL 33130
Attn: Director of Public Works
With Copy To:
Alejandro Vilarello
City Attorney
444 SW 2nd Avenue, Ste. 945
Miami, FL 33130
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
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D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
23. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
24. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
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Professional Services Agreement
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect.
26. TIME OF ESSENCE. Time is of the essence in the performance of this Agreement
27. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
28. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if
applicable: ❑ ❑
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
ATTEST:
Priscilla A. Thompson, City Clerk
ATTEST:
Print Name:
Title: Corporate Secretary
"City"
City OF MIAMI, a municipal
corporation
By:
Joe Arriola, City Manager
"Provider"
ADOPT -A -WATERWAY,
a California corporation
By:
Print Name: PAUL POLIZZOTTO
Title: President
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APPROVED AS TO FORM AND
CORRECTNESS:
ALEJANDRO VILARELLO
City Attorney
City of Miami and Adopt -A- Waterway
Professional Services Agreement
APPROVED AS TO INSURANCE
REQUIREMENTS:
DIANE ERICSON
Risk Management
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EXHIBIT "A"
Scope of Services
City of Miami and Adopt-A-Waterway
Professional Services Agreement
A. Provider agrees to implement and administer the ADOPT -A -WATERWAY®
Program in City in accordance with the terms and conditions of this Agreement.
B. Provider will diligently attempt to obtain EPs for the ADOPT -A -WATERWAY®
Program in City. The City will approve all proposed EPs. Notice of the proposed
EP's will be delivered to City and within fourteen (14) days of City's receipt of the
EP's identity, City shall provide Provider with approval of said EP. Notice shall be
provided directly to the Director of Public Works with notice that is a time sensitive
matter. City shall not unreasonably delay or utilize its authority to reject an EP. In
return for signage sponsorship fees paid to Provider, EPs will be shown as sponsors
on signs installed by Provider at any or all of the locations within City set forth on
Exhibit D (and such other locations as City may subsequently approve in writing), as
determined by Provider.
C. The signs will comply with the design, size, specifications and messages set forth on
Exhibit B. Any deviations from those provisions must be approved in advance by
City, which approval shall not be unreasonably withheld and shall be granted or
refused within 30 calendar days following the submission of same to City. As
provided on Exhibit B, the signs will typically contain artwork identifying the EP, a
brief environmental message and the ADOPT -A -WATERWAY® logo. To promote
the Program in City, and in the event an EP terminates its agreement with Provider,
Provider may place and maintain signs complying with Exhibit B (but showing no
sponsor other than Provider) at no cost (and providing no revenue) to City. Within
17 03— 726
DRAFT City of Miami and Adopt -A- Waterway
Professional Services Agreement
thirty (30) calendar days of the termination of any agreement between an EP and
Provider, Provider will remove the EP's signs or convert them to signs sponsored
only by Provider upon proper notice to City. Within thirty (30) calendar days of the
termination of this Agreement, Provider will remove all of each EP's signs or, with
City's approval, convert some or all of them to signs sponsored only by Provider.
D. Provider will be responsible for the design, fabrication and installation of all signs
used in the Program. Provider will promptly repair or replace signs that are damaged
or destroyed. If any portion of the cost of repairing or replacing signs is not recouped
from the sponsor, one-half of the unrecouped amount will be deducted from any
amounts owing to City.
E. Provider will charge EPs sponsorship fees for signs located in City. These
sponsorship fees will be not less than the amounts set forth on Exhibit C unless City
consents in advance to a lesser amount.
F. In addition to receiving sponsorship funds, City will receive comprehensive public
educational materials and educational messages broadcast on radio and television
through "The Clear Solution" program at no additional cost to City.
The Clear Solution includes, but is not limited to the following:
1. Broadcast: Provider will produce commercials / public service announcements
that are broadcast on cable and local television stations.
2. Radio: Provider will produce radio advertisements
18
3- 726
DRAFT
City of Miami and Adopt -A- Waterway
Professional Services Agreement
3. Collateral Materials:
a. Newsletters
b. Educational community brochures
c. Educational business brochures
d. FAQ Sheets
e. Children's Activity Book
f. Lists of links and resources
g. Educational displays for special events
G. Provider will also create and print such other advertisements as may be agreed
upon by Provider and USER including but not limited to, as bus advertisements and bus
bench advertisements.
19
63- 726
City of Miami and Adopt -A- Waterway
Professional Services Agreement
EXHIBIT "B"
Approved Signs
20 03- 72.06
DRAFT
City of Miami and Adopt -A- Waterway
Professional Services Agreement
EXHIBIT "C"
Fees to be charged to Environmental Partners
21 03-- 726
City of Miami and Adopt -A- Waterway
Professional Services Agreement
COMPOSITE EXHIBIT "D"
Approved Locations within the City of Miami
22
03- 726
DRAFT City of Miami and Adopt -A- Waterway
Professional Services Agreement
EXHIBIT "E"
Insurance Requirements
A. Commercial General Liability Insurance
• Occurrence coverage, with a deductible not more than $50,000 per occurrence.
• Policy limits will be no less than one million dollars ($1,000,000) per occurrence and
in aggregate.
• The policy will contain standard exclusions from coverage.
• City, its employees, officials and agents shall be added as additional insureds.
• The policy shall contain no provision that would make it excess over, or contributory
with, insurance, self-insurance or other risk financing program maintained by City.
• The policy will include the City Insurance Endorsement Form No. 1 (General
Liability).
B. Commercial Auto Liability Insurance
• The policy will be a standard commercial policy with no special limitations affecting
the City.
• The limit for bodily injury and property damage liability shall be no less than one
million dollars ($1,000,000) per accident and in aggregate.
• City, its employees, officials and agents shall be added as additional insureds.
• The policy shall contain no provision that would make it excess over, or contributory
with, or invalidated by the existence of any insurance, self-insurance or other risk
financing program maintained by City.
• The policy will include the City Insurance Endorsement Form No. 2 (Auto).
C. Worker's Compensation Insurance
• The policy will meet all statutory benefit requirements of the laws of the State of
which City is a part.
• The policy will contain Employer's Liability Insurance with a minimum limit of no
less than one million dollars ($1,000,000) per claim and in the aggregate.
• The policy shall contain a waiver of subrogation in favor of City.
D. Professional Errors and Omissions
• The policy will have minimum limits of one million dollars ($1,000,000) per claim
and in the aggregate.
E. Nonconforming Deductibles or Retentions: Each policy provided by Provider may be
subject to a deductible or self-insured retention of not more than $25,000. Any
deductible or retention exceeding that amount shall nonetheless be acceptable if either of
the following is implemented:
• Either the insurer shall eliminate, or reduce, such deductibles or self-insured
retentions with respect to City and its officials, employees and agents (with additional
premium, if any, to be paid by Provider); or
23 u3— 7 )6
City of Miami and Adopt -A- Waterway
Professional Services Agreement
Provider shall provide satisfactory financial guarantee for payment of incremental
losses (including related investigations, claim administration, and defense expenses)
resulting from the increased deductible or retention.
24 03_ '7?6
CITY OF MIAMI, FLORIDA 2 A
INTER -OFFICE MEMORANDUM
TO: The Honorable and
M bers of a City Commis ' n {
FROM: J0e ,Arriola
Chief Administrator/City Manager
DATE: JUN — 3 20 FILE:
SUBJECT :
Sole Source Finding for
"Adopt a Waterway" Program
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Resolution
by a four-fifths (4/5ths) affirmative vote of the members of the City Commission, after a
duly advertised public hearing, ratifying, approving and confirming the City Manager's
finding of sole source, waiving the requirements for competitive sealed bids, and
approving the acquisition of the unique services of "Adopt a Waterway" Program from
ADOPT -A -WATERWAY® LLC, a California Limited Liability Company, located at 919
Manhattan Avenue, Suite 100, Manhattan Beach, CA 90266. A special revenue fund
will be established as account for the revenues and expenditures related to the project.
BACKGROUND
The utilization of the "Adopt a Waterway" Program consists of placing of 2'-9" by 4'
metallic signs on existing poles at speck and approved locations within the City with a
positive and educational environmental me.;sage. This program will benefit the City of
Miami due to their extensive educational outreach and protection awareness of the
waterfront, including the Miami River, navigable canals, and Biscayne Bay. The
program will provide the Public Works Division of the Municipal Services Department
with printed materials for the environmental education requirement of the City's National
Pollution Discharge Elimination System (NPDES) Permit. This printing material will be
mailed to all households within our City. Also, under this program, the City will receive a
portion of the revenues generated by the sponsors of the individual signs for' use
towards compliance with the City's environmental permit requirements. In addition, the
City will receive public radio and television advertisements at no cost.
FISCAL IMPACT NONE -BUDGETED ITEM.
JA/VMA/AAD/LJ H/EE/ee
ooh
a;
-3-
03-- 726
TO: Joe Arriola
Chief Administrator/City Manager
FROM: ` -n^'
enn arc , Director
of ocurement Officer
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: May 20, 2003 FILE :
SUBJECT: "Adopt A Waterway" Program
REFERENCES:
ENCLOSURES:
An investigation was conducted by staff to determine whether ADOPT-A-WATERWAY0 LLC, located at 919
Manhattan Avenue, Suite 100, Manhattan Beach, Ca. 90266, is the sole source provider for the acquisition of the
unique services of the "Adopt a Waterway" Program, on behalf of the Department of Municipal Services.
The "Adopt a Waterway" Program authorizes the vendor to raise funds through recruiting corporate and local
business sponsors, and in exchange of a percentage of sponsorship revenues, local governments approve
placement of a limited number of stylized signs in high traffic areas relaying environmental messages. Placement
of these stylized metallic signs on existing poles will be at specific and approved locations within the City.
Additionally, the City will receive a portion of the revenues generated by the sponsors of the individual signs for
use towards compliance with the City's environmental permit requirements, and the City will receive public radio
and television advertisements at no cost. The City will also be provided with printed materials to meet the
environmental education requirement of the City's National Pollution Discharge Elimination System (NPDES)
permit, and will be mailed to all households within the City.
According to ADOPT -A -WATERWAY® LLC, it is the only organization that brings together the public and
private sectors to raise money for local governments, through corporate sponsorships, to meet environmental
regulations and clean up pollution caused by urban and storm water runoff. Its programs are offered to local
governments at no cost. It raises funds through recruiting corporate and local business sponsors for the provision
of signage. The signs will provide a positive environmental message and awareness of the City's waterfront,
including the Miami River, navigable canals, and Biscayne Bay, and thereby will enhance the image of the
sponsors. The use of the funds received by a local government is flexible as long as they are spent for urban and
storm water runoff pollution prevention activities. In addition to sponsorship fiords, local governments receive
comprehensive educational materials as well as television and radio public service announcements at no charge.
This program is the only one known to offer local governments a fiinding mechanism along with a comprehensive
education program, including print, television, and radio, at no cost.
Staff was unable to locate any other provider or program that offers this type of unique service to local
governments at no cost. Similar programs provide volunteers who clean up the waterways and/or property,
however, no sponsorship income is generated and income provided in return to a governmental entity.
Accordingly, I am recommending that the requirements for formal competitive sealed bidding be waived, and
these findings be approved: ADOPT -A -WATERWAY® C, a Non-Minority/Non-Local vendor, located at
919 Manhattan Avenue, Suite 100, MFttlhie6,project.
"Beach, Ca. 9 266, is the sole source provider for the acquisition of
the unique services of dopt a yProgram A special revenue fund will be established to account
for the revenues and expendi es rela
APPROVED BY: ^�`" DATE:
Jinistroe Arcola
Chief Admator/City Manager
JA/LMH/GM/PEB % � � � 726
TO: Glenn Marcos, Director
Chief Procurement Officer
FROM .. P6
,/Pamela Burns, PB
Sr. Procurement Contracts Officer
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: May 20, 2003 FILE :
SUBJECT
REFERENCES:
ENCLOSURES:
"Adopt A Waterway" Program
I conducted an investigation to determine whether ADOPT -A -WATERWAY® LLC, located at 919 Manhattan
Avenue, Suite 100, Manhattan Beach, Ca. 90266, is the sole source provider for the acquisition of the unique
services of the "Adopt a Waterway" Program, on behalf of the Department of Municipal Services.
The "Adopt a Waterway" Program authorizes the vendor to raise funds through recruiting corporate and local
business sponsors, and in exchange of a percentage of sponsorship revenues, local governments approve
placement of a limited number of stylized signs in high traffic areas relaying environmental messages. Placement
of these stylized metallic signs on existing poles will be at specific and approved locations within the City.
Additionally, the City will receive a portion of the revenues generated by the sponsors of the individual signs for
use towards compliance with the City's environmental permit requirements, and the City will receive public radio
and television advertisements at no cost. The City will also be provided with printed materials to meet the
environmental education requirement of the City's National Pollution Discharge Elimination System (NPDES)
permit, and will be mailed to all households within the City.
According to ADOPT -A -WATERWAY® LLC, it is the only organization that brings together the public and
private sectors to raise money for local governments, through corporate sponsorships, to meet environmental
regulations and clean up pollution caused by urban and storm water runoff. Its programs are offered to local
governments at no cost. It raises funds through recruiting corporate and local business sponsors for the provision
of signage. The signs will provide a positive environmental message and awareness of the City's waterfront,
including the Miami River, navigable canals, and Biscayne Bay, and thereby will enhance the image of the
sponsors. The use of the funds received by a local government is flexible as long as they are spent for urban and
storm water runoff pollution prevention activities. In addition to sponsorship fiords, local governments receive
comprehensive educational materials as well as television and radio public service announcements at no charge.
This program is the only one known to offer local governments a funding mechanism along with a comprehensive
education program, including print, television, and radio, at no cost.
I was unable to locate any other provider or program that offers this type of unique service to local governments
at no cost. Similar programs provide volunteers who clean up the waterways and/or property, however, no
sponsorship income is generated and income provided in return to a governmental entity.
Accordingly, I am recommending that the requirements for formal competitive sealed bidding be waived, and
these findings be approved: ADOPT -A -WATERWAY® LLC, a Non-Minority/Non-Local vendor, located at
919 Manhattan Avenue, Suite 100, Manhattan Beach, Ca. 90266, is the sole source provider for the acquisition of
the unique services of the "Adopt a Waterway" Program. A special revenue fund will be established to account
for the revenues and expenditures related to the project.
APPROVED BY: ' ^" ` ``� DATE:
os
Chief F9curekent Officer
- "726
May 6, 2003
C I T I E S
TO: Pamela Bums
City of Miami Purchasing Department
444 SW 2nd Avenue, 6th Floor
W A T I R W A Y S Miami, FL 33130-1910
FROM: Paul Polizzotto
Z , i "2 ' y ►l J
L
SUBJECT: Adopt-A-WaterwayTm Sole Source Provider
919 Manhattan Ave. As a follow-up to our phone conversation, I wanted to summarize Adopt -A -
Waterway's programs and provide you with more specific information on our
WATERWAY"
qualifications as a sole source provider, including our patent and trademark
ADOPT
Manhattan Beach
-A-
Program description
May 6, 2003
C I T I E S
TO: Pamela Bums
City of Miami Purchasing Department
444 SW 2nd Avenue, 6th Floor
W A T I R W A Y S Miami, FL 33130-1910
FROM: Paul Polizzotto
Z , i "2 ' y ►l J
L
SUBJECT: Adopt-A-WaterwayTm Sole Source Provider
919 Manhattan Ave. As a follow-up to our phone conversation, I wanted to summarize Adopt -A -
•I o3_ 726
Waterway's programs and provide you with more specific information on our
Suite leo
qualifications as a sole source provider, including our patent and trademark
information.
Manhattan Beach
Program description
Califarniv 907.66
Adopt-A-WaterwayTm is the only organization in the nation that brings
together the public and private sectors to raise money for local governments,
800.690,1185
through corporate sponsorships, to meet environmental regulations and
clean up pollution caused by urban and storm water runoff. in addition to
direct funding, Adopt-A-WaterwayTm offers local governments comprehensive
310.3741713
educational materials as well as television and radio public service
announcements, communicating important environmental messages to the
adoptawaterway.cam
community. Adopt -A -Waterway's programs are offered to local governments
at no cost.
_
Qualifications as sole source provider
After extensive market research, we have found no other national company
or program of similar type or functionality, which offers comparable products
or services to Adopt -A WaterwayTm.
•I o3_ 726
In laymen's terms, here is a summary of Adopt -A -Waterway 's products and services:
• Adopt-A-WaterwayTm raises funds through recruiting corporate and local
business sponsors.
• In exchange for 50% of sponsorship revenues, local governments approve
placement of a limited number of stylized signs in high traffic areas throughout
the community.
• The signs contain business sponsors' logos, aligning them with a positive
environmental message and enhancing their image.
• The use of the funds received by local governments is flexible. The only
requirement is that they be spent for urban and storm water runoff pollution
prevention activities.
• In addition to sponsorship funds, local governments may receive comprehensive,
educational materials as well as television and radio public service
announcements at no charge. These programs qualify under the community
outreach and education sections of the federal National Pollutant Discharge
Elimination System (NPDES) permit program that every municipality must follow.
Organizations with similar names
We have found numerous organizations, which are similarly or identically named
"Adopt -A -Waterway." However, they are primarily non-profit, local organizations that rely
on volunteers to pick up trash and debris. To our knowledge, no national organization
other than Adopt-A-WaterwayTm offers local governments a funding mechanism along
with a comprehensive educational program, including print, television, and radio, at no
cost.
Unique benefits to local governments
In addition, we have found no other organizations, other than Adopt-A-WaterwayTm, that
provide all of the following benefits for local governments:
• An incremental, non -tax revenue stream they can count on year after year to
implement storm water pollution prevention activities and comply with federal
Clean Water Act.
• Flexible use of funds for pollution prevention, such as catch basin inserts, high-
technology cleanup solutions, watershed cleaning, litter control, dry weather
diversions, water quality monitoring — and more.
• Public education and outreach program, including print, television and radio, in
addition to funding.
• A positive community and public relations program.
63-N6
Pending U.S. Patent Applications
To maintain our status as a sole service provider, we have the following U.S. Patent
Applications pending:
Patent
Title of Invention
Description
Application
78/213,639
A NEW ENVIRONMENT FOR MEDIA
No.
CLEANER CITIES CLEANER WATERWAYS
78/189,551
10/339,795
APPARATUS AND METHODS
Enables governmental entities to better comply and
78/189,541
FOR REDUCING
track compliance with governmental statutes,
CLEANER CITIES CLEANER LAKES
CONTAMINANTS IN WATER
regulations, mandates, and/or goals
78/189,522
SYSTEMS USING
78/201,838
ADOPT -A -WATERWAY
INFORMATION DISTRIBUTION
BUILDING PARTNERSHIPS FOR A CLEANER ENVIRONMENT
10/339,776
MAPPING AND POLLUTION
An analysis program accesses a database,
SPONSOR A-STORMDRAIN
INFORMATION SITE
including selected pollution -related governmental
76/315,553
SELECTION APPARATUS AND
requirements and traffic flow information, and-- .
CLEANER STORMDRAINS CLEANER BAYS
METHODS
provides guidance on where educational information
76/315,551
CLEANER STORMDRAINS CLEANER LAKES
should be placed in order to meet the selected
CLEANER STORMDRAINS CLEANER WATERWAYS
76/315,552
pollution -related governmental requirements.
Pending U.S. Federal Trademark Status Report
Here are our federal trademark applications pending.
FEDERAL TRADEMARK APPLICATIONS
Application No.
Mark
78/213,639
A NEW ENVIRONMENT FOR MEDIA
78/189,555
CLEANER CITIES CLEANER WATERWAYS
78/189,551
CLEANER CITIES CLEANER CREEKS
78/189,548
CLEANER CITIES CLEANER BAYS
78/189,541
CLEANER CITIES CLEANER STREAMS
78/189,536
CLEANER CITIES CLEANER LAKES
78/189,531
CLEANER CITIES CLEANER RIVERS
78/189,522
CLEANER CITIES CLEANER OCEANS
78/201,838
ADOPT -A -WATERWAY
78/174,046
BUILDING PARTNERSHIPS FOR A CLEANER ENVIRONMENT
78/174,037
ENVIRONMENTAL COMMUNICATION CORPORATION
76/202,617
SPONSOR A-STORMDRAIN
76/315,568
CLEANER STORMDRAINS CLEANER STREAMS
76/315,553
CLEANER STORMDRAINS CLEANER OCEANS
76/315,567
CLEANER STORMDRAINS CLEANER BAYS
76/315,554
CLEANER STORMDRAINS CLEANER DELTAS
76/315,551
CLEANER STORMDRAINS CLEANER LAKES
76/338,700
CLEANER STORMDRAINS CLEANER WATERWAYS
76/315,552
CLEANER STORMDRAINS CLEANER RIVERS
63- 726
Pending State of California Trademark Status Report
Here are the California State trademark applications pending.
STATE TRADEMARK APPLICATIONS
CA 57211 ADOPT -A -WATERWAY
CA 54465 ADOPT-A-STORMDRAIN
CA 54464 ADOPT-A-STORMDRAIN
I hope this summary provides you with adequate documentation of Adopt -A -Waterway's
qualifications as a sole service provider. If you require additional information, please
don't hesitate to contact me or visit our website www.adoptawaterway.com.
Sin er ,
` Otto
,alMotivational
Systems Inc
p Sen Dior O Fresno
0119)1714216 (650)1314602
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(909)7343970 OI9211e46611
p las v9p s O Seemmwo
POWU4470 (0181 6360334
p Llvwmo►e O SeaWe
(925) 449-IVW 00 576.4606
PROTECT
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CLIENT
5TH GEAR ADVERTISING
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VALERIE HARDMAN
DESIGNER
CHRIS BAZNER
ORIGINAL DATE
10-23-01
REVISIONS
SCALE
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MAC FILE NAME (GD -3)
ADOPT A DRAIN
SIGN ON POST
• • •
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TO
Priscilla A. Thompson
City Clerk
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
FROM
Albert A. Dominguez, PE, Acting PW Director
Department of Municipal Services
DATE:
May 19, 2003
SUBJECT:
FILE
Request to publish Notice of
Public Hearing for Sole Source Finding
REFERENCES:
ENCLOSURES:
Attached please find the public hearing notice for a waiver of the requirement for
competitive bids for the utilization of the "Adopt a Waterway" Program to assist with
compliance with the environmental requirements of the Municipal Separate Storm
Sewer System (MS4) permit �f the City of mi. Th
� p blic hearing has been
scheduled for the City Commission meeting of �QQ 7
APPROVED:
DATE:
AD/CJH/EE/ee
til► ��;;�
c: Cost Analysis
Elyrosa Estevez
Central
-1-
Arriola
;f Administrator/City Manager
03- 726
REVISED
CITY OF MIAAR, FLORIDA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the Commission of the City of Miami, Florida,
on Wednesday, June 25, 2003, at 9:00 a.m., in the City Commission Chambers
at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of
waiving the requirements of obtaining sealed bids for the acquisition of the unique
services of the "Adopt a Waterway" Program from ADOPT -A -WATERWAY®
LLC for public education and environmental education of the general public and
protection of the waterfront, including the Miami River, navigable canals, and
Biscayne Bay.
Inquiries from other potential sources who feel that they might be able to satisfy
the City's requirements for this item may contact the Department of Purchasing,
attention Pamela Burns, CPPB, Sr. Procurement Contracts Officer, at (305) 416-
1905.
All interested persons are invited to appear and may be heard concerning the
proposed sole source determination. Should any person desire to appeal any
decision of the City Commission with respect to any matter considered at this
hearing, that person shall ensure that a verbatim record of the proceedings is made
including all testimony and evidence upon which any appeal may be based.
(City Seal) Priscilla A. Thompson
(#11058) City Clerk
03- 726
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR: Legal Notices of the Miami Dai!y Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
P.O. NO. 11058
CITY OF MIAMI - REVISED NOTICE OF
PUBLIC HEARING FOR JUNE 25, 2003
in the XXXX Court,
was published in said newspaper in the issues of
06/18/2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this d e ment fo publication in the said
newspaper.
Sworn to and sWbSbribed before me this
18 day of
(SEAL)
O.V. FERBEYRE personally ANETT LLEREb4
LIC STATE OF FLORIDA
COMMISSION NO. CC 912958
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A public hearing WIN be heW ibythe COn11r1isWm of theCRY . of Mfemi,
Florida, ortYYedneed, ,pulite g% 2=, ai 9:00 e.m,,inthe City Canrnis-
6ibrf'Cttsmbefs at t ky 35b0 flan Amilutan Drive, NOW, Florida. for
the phrr#ose otwafving !te tequ email s of "Ir frhg sesM We for the
ftm t�4AW TEIIWAY* C for pubis education and erwhow
nrenlaltldlktielionoTNepeneralp�icaitdpratectlortdthewabrkwd ln-
duding fhe Lftd Riw-- cam, and Necaynall3ay.
Inquiries from otter potertnd sources who frilltht{t they mf ht be"
tosetlsfytheCillirsqukerrharht09"Nemmaycw"dtheDepwIlm rt
of PurduskV, etariUdr► ParriNe Bums, CPPB. sr. ftcuramw t cow
trads011kkxr,81(306)�1H-1905.
AN khlerosted perms wo Wiled to appear and may be heard mwear-
ing the pro po4edSOW 'source degnNrraton sboW any Person desire to
apped any INrl In of the CRY'Commissiort w" respect to any matter
coo NNdered*111i shearklig NoperawshageniuretWaverbatmmoord
of the ptoca A gt Is made Irick ding #A toodmorry and eviderhoe upon
whish wW appeal maybe based
PrA. Thompson
City Clerk
01IM) .
6/18 034-451373430M
AWARD
SOLE SOURCE 02-03-157
ITEM: "Adopt -A -Waterway" Program
DEPARTMENT: Municipal Services
TYPE OF PURCHASE: Term Contract
REASON: The Department of Municipal Services is seeking to
procure, from ADOPT A -WATERWAY® LLC, the
unique services of the "Adopt a Waterway" Program
for the City. The "Adopt a Waterway" Program
authorizes the vendor to raise funds through
recruiting corporate and local business sponsors, and
in exchange of a percentage of sponsorship revenues,
local governments approve placement of a limited
number of stylized signs in high traffic areas relaying
environmental messages. Its programs are offered to
local governments at no cost. It raises funds through
recruiting corporate and local business sponsors for
the provision of signage. The signs will provide a
positive environmental message and awareness of the
City's waterfront, including the Miami River,
navigable canals, and Biscayne Bay, and thereby will
enhance the image of the sponsors. The use of the
funds received by a local government is flexible as
long as they are spent for urban and storm water
runoff pollution prevention activities.
RECOMMENDATION: It is recommended that the Department of Municipal
Services be authorized to acquire the Adopt -A -
Waterway Program, " from ADOPT A -
WATERWAY® LLC, as a sole source provider for
this program. A special revenue fund will be
established to account for the revenues and
expenditures related to the project.
n M cos
irecto of rchasing
at
SoleSourceO2-03-157AdoptAWatm way
03- 726