HomeMy WebLinkAboutR-03-1052J-03-872
09/25/03
RESOLUTION NO. 03—M2
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING AN INCREASE,
IN AN AMOUNT NOT TO EXCEED $168,000, FROM
$200,000 TO $368,000, IN THE CONTRACT WITH
USA PELICAN, INC. D/B/A, WATER MANAGEMENT
TECHNOLOGIES, SOLE SOURCE PROVIDER, APPROVED
BY RESOLUTION NO. 03-593, ADOPTED MAY 22,
2003, FOR USE OF THE SCAVENGER 2000
DEPOLLUTION VESSEL, FOR THE DEPARTMENT OF
MUNICIPAL SERVICES FOR SURFACE CLEANING OF
THE CITY'S WATERFRONT UTILIZING A UNIQUE
PROPRIETARY PROCESS FROM WATER MANAGEMENT
TECHNOLOGIES; ALLOCATING FUNDS, FROM PUBLIC
WORKS OPERATIONS BUDGET ACCOUNT
NO. 001000.311003.6.340 FOR THE INCREASE;
AMENDING RESOLUTION NO. 03-593, ATTACHED AND
INCORPORATED, TO REFLECT SAID INCREASE;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. An increase in the contract, in an amount
not to exceed $168,000, from $200,000 to $368,000, with USA
Pelican, Inc. d/b/a, Water Management Technologies, sole source
provider, approved by Resolution No. 03-593, adopted May 22,
2003, for use of the Scavenger 2000 depollution vessel, for the
RESCINDED
REPEALED /h�
AMENDED BY: R-oU-Nall)
t
CITY COMMISSION
IIEETINC OF
S F r, 7' S 2003
Resolution No.
Department of Municipal Services for surface cleaning of the
City's waterfront utilizing a unique proprietary process from
Water Management Technologies is authorized, with funds
allocated from Public Works Operations Budget Account
No. 001000.311003.6.340 for said increase.
Section 3. Resolution No. 03-593, adopted May 22, 2003,
attached and incorporated, is amended to reflect said increase.
Section 4. The City Manager is authorized!:' to execute
the necessary documents, in a form acceptable to the City
Attorney.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
1� 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.
zi 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 2 of 3 oA-1052
PASSED AND ADOPTED this
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVE
ALEANDRO✓VILARELLO
C Y ATTORNEY
W7574:AS:BSS
25th day of September , 2003.
AND CORRECTNESS �j
Page 3 of 3 si3`1052
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J-03-
5/22/03 03-593
RESOLUTION NO.
A 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 BIDDING PROCEDURES AND APPROVING THE
UTILIZATION OF THE SCAVENGER 2000 DEPOLLUTION
BOAT, FOR SURFACE CLEANING THE CITY'S
WATERFRONT UTILIZING A UNIQUE PROPRIETARY
PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES,
THE SOLE SOURCE PROVIDER, FOR A TOTAL AMOUNT
NOT TO EXCEED $200,000, FOR THE DEPARTMENT OF
MUNICIPAL SERVICES; ALLOCATING FUNDS IN THE
AMOUNTS OF $50,000 FROM THE PUBLIC WORKS
OPERATIONS BUDGET ACCOUNT bUDMRR
0nI000.311002.6.67,0 AND $50,000 FROM THE
GENERAr, FUND - _ NON DPPARTMFN3'AT: _ ACCOLWT
NUMBER _2:21002.6.9130; AND THE CITY WILL
ALSO RECEIVE 1 v -Ai VD CONTRIBUTIONS IN THE
AMOUNT OF $75,000 FROM THE FLORIDA EXPORT
FINANCE CORPORATION AND $25,000 FROM THE
MIAMI RIVER COMMISSION TOTALING $100,000.;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
WHEREAS, the Department of Municipal Services is seeking to
procure the- utilization of the Scavenger 2000 Depollution Boat
for surface cleaning of the City's waterfront, including the
Miami River, navigable canals, and Biscayne Bay;
WHEREAS, the Scavenger 2000 Depollution Boat has the
capability of treating the water, in addition to debris removal
and oil sheen recuperation as it uses a decontamination and
oxygenating process that consists of deep injection of pure
oxygen into the waterways, and;
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oj3-1052.
. WHEREAS, the Scavenger 2000 Depollution Boat can only be
acquired from Water Management Technologies, as the sole source
provider, as the vessel has proprietary technology with a patent
pending due to its uniqueness; and
WHEREAS, the Chief Procurement Officer has adopted a finding
that Water Management Technologies is the only provider of the
Scavenger 2000 Depollution vessel to provide this unique and
valuable service; and
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 Acting Public Works
• Director recommend that the requirements for competitive formal
sealed bids be waived and the procurement of the above service as
specified 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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2.By a four-fifths %'4/5ths) affirmative vote, after
a duly advertised public hearing, the members of the City
• Commission hereby ratify, approve and confirm the City Manager's
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finding of sole source, waiving the requirements for competitive
sealed bidding procedures, and approving the utilization of the
Scavenger 2000 Depollution vessel to clean and decontaminate the
City's waterfront, from Water Management Technologies, the sole
source provider, and the execution of a professional services
agreement, for a total amount not to exceed $200,000; Funding has
been secured in .the amounts of $50,000 from the Public Works
Operations Budget Account
Number
001000.311002.6.670 and
$50,000
from the General Fund
- Non
Departmental Account
Number
001000.921002.6.930. The
City
will also receive
in-kind
contributions in the amount of $75,000 from the Florida Export
Finance Corporation and $25,000 from the Miami River Commission
totaling $100,000.
• Section 3.This Resolution shall become effective immediately
upon its adoption and signature of the Mayor'.
PASSED AND ADOPTED this day of
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
•
U
. 2003.
MANUEL A. DIAZ, MAYOR
;j3-1052
. APPROVED AS TO FORM AND CORRECTNESS:
•
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ALEJANDRO VILARELLO
CITY ATTORNEY
1/ 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.
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PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this '2-`I day of TO k' e- , 2003, by and between the
City of Miami, a municipal corporation of the State of Florida ("City"); USA Pelican, Inc. d/b/a,
Water Management Technologies, a Florida corporation ("Provider"); Florida Export Finance
Corporation, a not for profit corporation created and funded by the State of Florida ("Grantor
A"); and the Miami River Fund, Inc., a non profit Florida corporation, ("Grantor B"). The
Provider, Grantor A, and Grantor B combined, shall at times be referred to in this Agreement as
the "Parties".
RECITALS:
A. WHEREAS, the City has been awarded a grant, in the amount of $75,000 from
SGrantor A, and another grant in the amount of $25,000 from Grantor B, for a total amount of
$100,000, to be expended exclusively for the Services of the Scavenger 2000 Depollution Boat
("Program"), owned and operated by the Provider.
B. WHEREAS, the Provider has been determined to be a sole -source for the
provision of cleaning and decontaminating the Miami River, Biscayne Bay, and all navigable
tributaries ("Services"), necessary to establish and implement the Program.
C. WHEREAS, Provider possesses all necessary qualifications and expertise to
perform the Services.
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. D. WHEREAS, the City Commission, by Resolution No. 03-593, adopted on May
22, 2003, approved the selection of Provider for the provision of the Services required under the
Program, and authorized the City Manager to execute a contract, under the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider, Grantor A, Grantor B, 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, and
unless terminated in accordance with the provisions hereof, shall continue until completion of the
Services by Provider under the Program.
3. SCOPE OF SERVICE:
A. Provider agrees to provide the Services to the City as specifically described, and
under the special terms and conditions set forth in Attachment "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 permit fees, occupational licenses, etc.,
nor in the performance of any obligations to the City; (iii) it shall furnish all labor, materials, and
0 equipment, necessary to perform the Services under this Agreement; (iv) all personnel assigned
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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 (v) the Services will be performed in the
manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rates and schedules described in Attachment `B" hereto, which by this reference is incorporated
into this Agreement; provided, however, that in no event shall the amount of compensation
exceed a combined total of $200,000 for the Program.
B. Unless otherwise specifically provided in Attachment `B", payment shall be made
within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by
sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed.
C. Upon presentation of Provider's invoice for Services rendered, Provider shall be
paid in the following manner:
1. The City shall pay Provider fifty percent (50%) of each total
invoice amount, up to a sum total of $100,000;
2. Grantor A shall pay Provider thirty seven and one-half percent
(37.5%) of each total invoice amount, up to a sum total of $75,000;
3. Grantor B shall pay Provider twelve and one-half percent (12.5%)
of each total invoice amount, up to a sum total of $25,000.
6. OWNERSHIP OF DOCUMENTS: The Parties understand and agree that any
information, document, report or any other material whatsoever which is given by the City to the
0 Parties or which is otherwise obtained or prepared by Provider pursuant to or under the terms of
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this Agreement is and shall at all times remain the property of the City. The Parties agree not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider 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.
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 and/or the terms of the Solicitation Documents, 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.
8. 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,
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gocommission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
9. PUBLIC RECORDS: The Parties understand 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. The Parties' failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH PROGRAM REQUIREMENTS AND FEDERAL, STATE
AND LOCAL LAWS: Provider shall comply with all requirements imposed by the Grant
for the Program, including reporting, record keeping and other requirements. Provider shall also
a
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.
11. 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
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. 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 governmental authority, federal or state, in connection with
the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless
the Indemnities, 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.
12. DEFAULT: If the Provider, Grantor A, or Grantor B fails to comply with any term or
condition of this Agreement, or fails to perform any of its obligations hereunder, then that party
0 shall be in default. Upon the occurrence of a default hereunder the City, in addition to all
•
remedies available to it by law, may immediately, upon written notice to the Parties, terminate
this Agreement whereupon all payments, advances, or other compensation paid by the City to
Provider, shall be immediately returned to the City. Provider understands and agrees that
termination of this Agreement under this section shall not release Provider from any obligation
accruing prior to the effective date of terminati-n.. Should Provider be unable or unwilling to
commence to perform the Services within the time provided or contemplated herein, then, in
addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City
in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by
the City in the re -procurement of the Services, including consequential and incidental damages.
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13. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, by giving Provider,
Grantor A, and Grantor B at least five (5) business days prior written notice, upon discontinuance
or termination of the Program, unavailability of funds under the Grant, or if the City deteimines,
in its sole discretion, that continuation of the Program or of Provider's services are no longer in
the best interest of the City. In such event, the City shall pay to Provider compensation for
services rendered and expenses incurred prior to the effective date of termination. In no event
shall the City be liable to Provider for any additional compensation, other than that provided
herein, or for any consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice or
liability to Provider, upon the occurrence of an event of default under the grant or under this
Agreement. In such event, the City shall not be obligated to pay any amounts to Provider and
Provider shall reimburse to the City all amounts received while Provider was in default under
this Agreement.
14. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. 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.
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If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
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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 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 thirty
(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
15. 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,
a
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.
16. 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
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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.
17. 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 be withheld or conditioned, in the
City's sole discretion.
18. 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:
USA PELICAN INC, d/b/a
Water Management Technologies
10400 NW 33 Street Suite 200
Miami, FL 33172-5902 USA
TO GRANTOR A:
Florida Export Finance Corporation
10400 NW 33 Street Suite 200
Miami, FL 33172-5902 USA
cm:Scavenger 2000 Agreement.doc
TO THE CITY:
Mr. Albert A. Dominguez, PE, Acting PW Director
Department of Municipal Services
444 SW 2 Avenue 8 Floor
Miami, FL 33130
TO GRANTOR B:
Miami River Commission
c/o Rosenstiel School
4600 Rickenbacker Causeway
Miami, FL 33149, USA
9 ;:l3-1052
19. MISCELLANEOUS PROVISIONS:
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.
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.
20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
21. 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
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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.
22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for Program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
23. 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,
negotiations, or representations not expressly set forth in this Agreement are of no. force or effect.
24. 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.
25. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please
applicable:
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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, C ty Clerk
ATTEST:
Print e: M R 2Tk 4 Z Q(/ L Z
Title:
ATTEST:
- - e'l
Print Name • . ,c w4 -,o -7 N f.-
Title:
tTitle: Eaff)e�art'
CA,i° f- C"4eF 6&r1i, cYf-KF/�
cm:Scavenger 2000 Agreement.doc
"City"
CITY OF
By: Q
J e irriola, City Manager
"Provider"
USA Pelican, Inc. d/b/a, Water Management
Technologies,
a Florida corporation A
LIM
Title:
"Grantor All
Florida Export Finance Corporation,
a not for profit corporation
B y L5 7 c1
Print Name: . ; (- fA'i ,2
Title: Presidents (Zarr)
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ATTEST:
Print Name: 3�r-7'tas;�����
Title: C�e� �Lka. ,o -L
tq.ut, YLlc r
cm:Scavenger 2000 Agreement.doe
"Grantor B"
Miarm River ,
a non profit Florida corporation
--xf
By: l-idr
Print Name: 'Pavid F,A41wr
Title: 42tesideK• Maoag l el9 -V1 ('
C�
APPROVED AS TO INSURANCE
REQUIREMENTS:
n PH
iz.
Risk Management
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Apr 28 03 01:21p FEFC 11 786-845-0404 p.2
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ATTACHMENT A
AS PER ARTICLE 3 SECTION A OF
PROFESSIONAL SERVICE AGREEMENT
SCOPE OF SERVICES
for the Scavenger 2000 Depollution Boat
from Water Management Technologie3
This project consists of the collection of floatable debris in the water surface of the Miami River,
Biscayne Bay, navigable tributaries and its marinas. It also calls for oxygenation injection and water
treatment system. Floatable debris are to be considered as any material floating within the first two
feet of water and includes aluminum cans, plastic bags, toys, vegetation, animal debris, wood, leaves,
etc.
Contractor shall store this debris at selected staging area approved by City Engineer. The debris
sliall be carried from the staging areas to a Miami -Dade County disposal facility at the Contractor's
expense.
The Scavenger 2000 shall implement its oxygen aeration and decontamination process within any
navigable body of water encounter as sho%Nm in attached City of Miami Waterways Location Map.
The following are receiving streams for the outfalls within the jurisdiction of the City of Miami
Municipal Separate Storm Sewer System (.MS4) permit: Biscayne Bay, City Lake, Miami River,
Wagner Creek, Blue Lagoon, Little River, Seybold Canal, Comfort Canal, Lawrence Waterway and
Tarniami Canal.
The City shall inform Water Management Technologies where they require the vessel to work. If
no specific instructions are given to Water Management Technologies, the vessel will continually
work on the Miami River. However, a minimum of 25% of the scope of work vhill be effectuated
on the Miami River.
The City will provide free docking space for the Scavenger 2000 (already appmv.:d on December
23, 2002.)
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786-845-0404
ATTACHMENT S
AS PER ARTICLE 5 SECTION B
OF PROFESSIONAL SERVICE AGREEMENT
A) The Contractor will work a minimum of 35 hours as week (except in case of force majeure)
at $260.00 (Two Hundred Sixty US Dollars) per hour and will provide the City details of his
work on a form attached to the invoice submitted for payment of his services.
See Attached form "Scavenger 2000 Daily Work Schedule".
B) The Contractor will send to the City every Monday an invoice for the amount of hours
worked in preceding week. Attached to that invoice will be the details of work performed
by the Contractor. The City will pay weekly to the Contractor the 50% of invoice amount
as per Article 5 (C-1) of Professional Service Agreement.
C) Pickup and trash removal: Included.
D) Docking facilities: Contract signed with the City of Miami the 23ed day of December
for free docking.
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uCaa THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
kweather & Shepley ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
trance, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Boz 294
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ly. RI 02391 INSURERS AFFORDING COVERAGE
Iac USA Pelican, Inc DBA I..SI:F=R:• Ace American Ins Co
Water Management Technologies :.s:Fzas
10400 N. W. 33rd St Suite 200 r;s�=:% •:
Miami, FL 33172
w;: ! V A S :
FROG7S
PG ICI.', ::ST ---D BE.GYr -ur_ ±=.r: ISS°.r30 TO THE Ir:SUnE:j r::..t_=0ABOVE FOP THE POLICY FEA;C0 Ir:O,CAT_O NOTW:Ti-.STA%rjIr:G
Fcr�l lnE:.icr:' T£Rbt Or 0::,:CITiCx OF A::Y COtiTP;.cr G; 0TH -EA occu -i-E, IT YATri RESPECT TG IN-r.ICH THIS C3Ar.FiCAT= I.IA t SE :SSU30 OA
PIEaTAIN• TME INSUR:,I"ICE AFFCADEu EY T�-.*"E POLICi_S OEESC= ZZO HEAgiti IS SU&ECT TO ALL TF -.E T_A:dS. -EXCLUSIONS AND CONCITICNS OF SQCr+.
ICI_S. ACGAEGATE LIMITS SHOWN! MAY HAVE 3EEN AEOUCEED oY PAID CLAIM$
TYPE Of INSUA ANCtc POLICY NUMBER POLICY EFP.CTIvE POLICY EXPIRATION LIMITS
DATE rin:.v0orrrl OSTE ( r00 rl
GENEAAL LIABILITY eAc?4 OCCUP.AENCE S
COMMERCIAL GENEAAL LLASIL ITV FIRE OAMAGE PAY ONBuri) 3
CLAIMS MADE ; OCCUR i wEO EXP (My one Dotson) : S
I PERSONAL t ADV INJURY • S
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� OENEAALAGl)REGA7E , S
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GENtAGGREGATE LgmrTAPPLIESPIES: ; I j PRODUCTS-COMPrOPAGG ? S
POLICY
AUTOMOBILE uA81UTY
ANY AUTO
COMBINED SINGLE U&ST -
IEA accident)
S
I
ALL OWNED AUTOS
SCHEDULED AUTOS
I
BODILY INJURY - _-
erson
(Per P)
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.
I MIRED AUTCS
NCnI-0wNEO AUTOS
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SOOLY INJURY
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AUTO ONLY • EA ACCIDENT 1
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ANY AUTO
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AUTO ONLY: AciG
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EXCESS LIABILITYEACH
AOCCUR 0 CLAIMS MADE
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OCCURRENCE
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S
S—
_
7 DEDUCTIBLE
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9
RETENTION S
E
woRKElas COMPENSATION ANO
IWC STAT • I DTH-
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EMPLOYERS'LIABILITY
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8
F -L DISEASE -EA EMPLOYE
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E.L. DISEASE • POLICY LIMIT I
S
I
OTHER Marine Packa 220382 i 07116102
i 07/16/03
$500.000 P&1
• I
j
MPTICN OF OPERATIONSrLOCATIONSNEMCLLSMXCLUS10NS ADDED BY ENOORSEMENTISPECIAL PROVISIONS
City of Miami, Florida is named as Additional Insured for
:action & indemnity with respects to operation of Scavenger 2000
sel in City waters and at City facilities.
i Attached Descriptions)
TE
SMOULO ANY OFTME ASOVE DESCRIBED POLICIES B! CANCELLED BEPOPE THE EXPIRATION
10 City Of Miami DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAL, V-DAvswR T zN
Oept Of Public Facilities NOTICE TOTHE CEWItFICATE HOLD ERNAMEDTOTHE LEFT. BUTFAILURE TODOSOSH ALL
ATT: Steven Bogner W POSE NOOBLICATON OR UASILITV OFANY .OND UPON THE INSUREA.RS AGENrt OR
Miami, FL REPRlElNTATIVES
93-1052
..... n Ae••nen 1fte%0M^0ATInN 14AB
JUN 09 2003 1:25 PM FR STARKWEATHER SHEPLEY596 3710 TO 13054161760
' IMPORTANT
10
It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon.
25-5 rMn 7 o f '2 :t r,,d ti) R
'P.. 03
�J3-10,2
JUN 09 2003 1:25 PM FR STARKWEATHER SHEPLEY596 Ur1e
DE :^tPTIONS (Continued from
liscellaneous Coverage - Protection and Indemnity - Pol.# BINDER125399
imit - 5500,000
eductible #1 - Bodily Injury S2,500 Deductible 112 - Property Damage S7,500
DMaintenance & Cure only
Coverage excludes Passengers & Crew
91 Coverage Excludes Pollution
&I Includes Collision Liability
'ones Act - One Crew
1,000,000 Sudden & Accidential Pollution
GFPR�OVED
,MS 25.3 (07197) 3 of 3 05462E
I V 1 JWP 4 1 b 1 (Oka
•qe 1)
lvfl
,
A
hl R71M=
,J3-1052
** TOTAL PAGE.04 **
} CITY OF MIAMI, FLORIDA 30
Tge INTER -OFFICE MEMORANDUM .
To :The Honorable Mayor and DATE : JUN b FELE
Members of the City Commission SUBJECT:
Discussion Item
foa .T9. June 12, 2003
FROM : Joe tola
REFERENCES:
Chief Administrator/City Manager ENCLOSURES:
Discussion concerning the cleaning of canals and waterways citywide.
'V JC/AAD/mm
Document