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HomeMy WebLinkAboutR-95-0122J-95-135 2/1/95 RESOLUTION NO. 9 5 - 122 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH VOLUME REDUCTION SERVICES, INC., TO PROVIDE GRINDING SERVICES OF LARGE STUMPS AND LOGS AT THE VIRGINIA KEY YARD/TRASH MANAGEMENT FACILITY, LOCATED AT 3851 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION/SOLID WASTE, FOR APPROXIMATELY 3,125 TONS OF FINISHED MULCH PRODUCT AT $16.00 PER TON, FOR A TOTAL ESTIMATED AMOUNT OF $50,000.00; ALLOCATING FUNDS THEREFOR FROM THE FY'95 RECYCLING AND EDUCATION GRANT FUND, ACCOUNT NO. 197006-421304-340 FOR SAID SERVICES. WHEREAS, the City of Miami has developed a site for the diversion of yard waste through the mulching and composting program located at Virginia Key Yard/Trash Management Facility, located at 3851 Rickenbacker Causeway, Miami, Florida; and WHEREAS, it is necessary to obtain grinding services for large stumps, logs and pine wood which will produce a finished product size averaging 3 inches for the free mulch program afforded City residents, civic organizations, homeowners associations, NET Centers, beautification committees and churches; and WHEREAS, bids for said grinding services were solicited in June 1994 and Volume Reduction Services, Inc. was the lowest and most responsive bidder; and ATTACHRE T(S) CONTAINED CITY C0VnC SZCW MEETING OF i 1 FED it 9 1995 Resolution No, 95- 122 WHEREAS, Volume Reduction Services, Inc., an expert in the field of processing yard waste material, will assist the Solid Waste Division with its continued development of the proposed Virginia Key Yard/Trash Management Facility and will also provide all necessary equipment and personnel to complete grinding tasks, including operations, maintenance, repairs and mobilization; and WHEREAS, funding will be available from the FY'95 Recycling and Education Grant Fund, Account No. 197006-421304-340; 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. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with Volume Reduction Services, Inc., to provide grinding services of large stumps and logs at the Virginia Key Yard/Trash Management Facility, located at 3851 Riekenbacker Causeway, Miami, Florida, for the Department of General Services Administration/Solid Waste, for approximately 3,125 tons of finished mulch product at $16.00 per ton, for a total estimated amount of $50,000.00, with funds therefor hereby allocated from the FY195 Recycling and Education Grant Fund, Account No. 197006-421304-340 for said services. 95- 122 -2- Seotion 3. This Resolution shall beoome effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of February_, 1995. S EPHEN P. VCAR-K,MAYOR ATTE MATTY HIRAI CITY CLERK BUDGETARY REVIEW: MANOHAR S. SURANA ASSISTANT CITY MANAG APPROVED AS TO FORM AND CORRECTNESS: I A. QU�19N J N I I I CITY ATTO BSS:M4929 -3- 95- 122 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of 1994, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY," and Volume Reduction Services, Inc., hereinafter referred to as "CONSULTANT." RECITAL WHEREAS, the City of Miami is pursuing the development and permitting of a yard trash composting management facility at Virginia Key, located at 3851 Rickenbacker Causeway; and WHEREAS, this facility is another component of the City's overall recycling goals and objectives in reducing the solid waste stream, by 30%, per SB-1192 by 1994; and WHEREAS, the City of Miami Department of General Services and Solid Waste will consistently grind stumps and logs, at the facility, as a part of incoming debris, into brush material up to 12" in diameter for the windrow process; and WHEREAS, CONSULTANT will provide all necessary equipment and personnel to complete grinding tasks, which will include Dperations, maintenance, repairs and mobilization; and waEN RETURNING IDENTIFYFOR AHER SREVIEWO P 95- 122 i WHEREAS, the CONSULTANT'S expertise in the field of Processing of Yard Waste material will assist the Solid Waste Division with its continued development of the proposed Virginia Key Yard Trash Management Facility; and WHEREAS, authorization to proceed with the scope of services required pursuant to Paragraph II hereof shall be authorized from funds allocated from Project No. , Expenditure Code No. in an amount of $24,200.00 for two (2) years; and NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: TERM: A. The term of this Agreement shall L- __r two (2) years from the date of execution of the Agreement. -1- SCOPE OF SERVICES: CONSULTANT shall: (1) Consult with the Recycling Coordinator of the Department of General Services Administration and Solid Waste and such other CITY personnel as the Recycling Coordinator may designate at the times and places required by the City in all matters relating to the grinding of logs and stumps for the processing of yard waste at the Virginia Key Yard Trash Management Facility; and (2) Provide all the necessary equipment and personnel to complete, eaa the grinding task, including operations, maintenance, repairs and mobilization. The City shall furnish all fuel consumed in the performance of the grinding tasks; and (3) This Agreement will include a Natural Disaster a144 Plan; and j Caal�1 ' - 2 95- 122 v a (6) The equipment to be utilized will he a STOMAS Mawler Model 3300, a Hogzilla TC1464 finish grinder and a 950 class wheel loader with grapple and bucket. (7) The finished product which shall have an average size of 3" minus, will be the property of the City of Miami and final disposition of the product will the responsibility of the City of Miami; and (8) The minimum amount of accumulation per site visit should not be less than 5,000 cubic yards of unfinished material; and COMPENSATION: A. In consideration for the services the City shall pay CONSULTANT, an amount equal to $16.00 per ton of the finished product not to exceed $24,200.00. -3- 95- 122 B. Such compensation shall be paid on the basis of 12,100 per year. CONSULTANT will invoice CITY total amount of one (1) year at the execution of the contract in the amount of $12,100.00 and the remaining balance at the beginning of the subsequent year at a total amount of $12,100.00. The rates charged to the City may be adjusted annually by Volume Reduction Services in conjunction with and equal to the Consumer Price Index. C. CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payments by the CITY. IV. COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. - 4- 95- 122 V. GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, which is earlier. CITY OF MIAMI CONSULTANT DEPT. OF GSA & SW VOLUME REDUCTION 1290 NW 20 STREET SERVICES, INC. MIAMI, FL 33142 9365 PHILLIPS HIGHWAY JACKSONVILLE, FL 32256 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall rule. -5- 95- 122 D. No waiver or breach or 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. E. Should any provisions, paragraphs, sentences, words or phrases 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 provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, 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. IV. NONDELEGA3ILITY: That the obligations undertaken by CONSULTANT pursuant to the Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. 95- 122 0 VII. AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of three (3) years after final payment is made under this Agreement. VIII. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person 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 employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this AGREEMENT. IX. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. - 7- 95- 122 X. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XI. INDEMNIFICATION: CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, or causes of action which may arise out of CONSULTANT'S activities under this Agreement, including all other acts or omissions to act on the part of CONSULTANT, including any person acting for or on its behalf, and, from and against all cost, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. XII. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT -8- 95- 122 further covenants that, in the performance of this Agreement, no person having conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees, must be disclosed in writing to CITY. i B. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article (V) Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. INDEPENDENT CONTRACTOR: CONSULTANT and its employees, agents and volunteers shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or G benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the CITY. - 9- 95- 122 XIV. TERMINATION OF CONTRACT: City retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph II hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. 95- 122 km NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status or handicap in connection with its performance under this Agreement. Furthermore that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, religion, national origin, age, marital status or handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. XVI. MINORITY PROCUREMENT COMPLIANCE. - Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. -11- 95- 122 M XVII. DEFAULT CLAUSE: In the event that CONSULTANT shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, the CITY, as its option, upon written notice to CONSULTANT, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XVIII. ENTIRE AGREEMENT: This instrument hand its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and correctly sets 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. XIX. AMENDMENTS: No amendments to this Agreement shall be r F binding on either party unless in writing and signed by both parties. 95- 122 „_ IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. ATTEST: MATTY HIRAI City Clerk ATTEST: Corporation Secretary WITNESSES: As to Consultants (Note: If Consultant is not a Corporation a witness must sign) APPROVED AS TO INSURANCE REQUIREMENTS: SEGUNDO PEREZ Insurance Coordinator Frank K. Rollason, Deputy Chief Risk Management Division -13- CITY OF MIAMI, municipal Corporation of the State of Florida By: CESAR H. ODIO City Manager SU LTANT Title f VOLUME REDUCTION SERVICES , =='L , MA��t APPROVED WAS TO FORM AND CORRECTNESS: A. QUINN JONES, III City Attorney ,fin, 95- 122 GREENE—HAZEL & ASSOCIATES INC 1710 GULF LIFE TOWER JACKSONVILLE,FL 32207 (904)396-0087 FAX(904)396-7432 ...................................................................................................................... INSURED VOLUME REDUCTION SERVICES, INC 9365 PHILLIPS HIGHWAY JACKSONVILLE, FL 32256 1 1 0 26 994 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. :........................... .................. ............ ............ ........................... ....... ........................................................... COMPANIES AFFORDING COVERAGE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. .........................................................................................................................:............................................................................................... LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER :POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR: DATE (MMIDONY) DATE (MMIDDIYY) ......................................................................................................................................:..................................................................:.....................I.......................... i GENERAL LIABILITY ................................... i GENERAL AGGREGATE :5 COMMERCIAL GENERAL LIABILITY ' ' ."PRODUCTS-COMP/OP AGG. :$ .................................................................. :.. i CLAIMS MADE ; :!OCCUR. :........:............................. PERSONAL & ADV. INJURY :S ................................ .............. .....: OWNER'S & CONTRACTOR'S PROT. ........... EACH OCCURRENCE i$ ....................... ..................... ...... FIRE DAMAGE (Any one fire) S i :. .........'.......................................................: 4 :.....................................................................................................................................;............................... .. .... �............................................. ....I .................... ....... .. i MED. EXPENSE (Any one person);$ ........................................................................ ....................................... ::AUTOMOBILE LIABILITY : COMBINED SINGLE i LIMIT $1 0 0 0, O O O A:: X ANY AUTO 000702 , ` ALL OWNED AUTOS ' .... ...................... i0 7 /01 /9 4 0 7 / 01 / 9 S BODILY INJURY i SCHEDULED AUTOS ; (Per person) '$ ................................... :.........: X : HIRED AUTOS .............................................. ? BODILY INJURY B I RY X NON -OWNED AUTOS (Per accident) $ X GARAGE LIABILITY :..............................................:...................................... ........:............................................. ............ :.......... EXCESS LIABILITY UMBRELLA FORM i OTHER THAN UMBRELLA FORM i :PROPERTY DAMAGE ........................................ ... ..... .... ......... ............;......................... ........ ;............................................... :EACH OCCURRENCE :............................................... :AGGREGATE ......................................................................:................................. WORKER'S COMPENSATION AND 08401-M €0 7 /01 /9 4 EMPLOYERS' LIABILITY .................................... ................... :................................................................... ............................ OTHER ..:.................................................................................................. DESCRIPTION OF OPERATIONSIL0CATI0NSIVEHICLESISPECIAL ITEMS CITY OF MIAMI/DEPT OF SOLID WASTE ATTN: MR. HENRY JACKSON 1290 N.W. 20TH STREET MIAMI FL 33142 STATUTORY LIMITS :..X... ............................. 0 7 / 01 / 9 5• EACH ACCIDENT ..................... DISEASE - POLICY LIMIT ....................................... i DISEASE - EACH EMPLOYEE .....:................................. :....................... ....................... ..............................:.............................................. $ 100,000. s 500,000. $ ...100, 000. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. UTHORMED REPRESENTATIVE _ — 1 91 C bJH/ JUL11J WnJ I t fan •vw .i ,� .�w, �.., , k CITY OF MIAMI, FLORIDA CA=14 UIN"FEW-DIFFUCA 6W 1060RANDUR TO ; Honorable Mayor and Members a►rE : FEB I 1995 FILE of the City Commission SUEUECT : RESOLUTION APPROVX14G A PROPESSIONAL SERVICES AGREEPIENT WITH VOLUME REDUCTION SERVICES, PRCO Como io MCF914ENCES : TWr City ger ENCLOSURES: RECOMMENDATION IL is respectfully recor=andcd that the City Commission adopt the attached resolution authorizing the City Manager's action to execute a Professional Services Agreement for Volume! Reduction Services, Inc. a non -local, non -minority owned company located at 2201 SW 54 Avenue, W. Hollywood, FL 33023. This company has been selected to provide on -going pro-lessional grinding aervices of large stumps, logs and pine wood that will consistently be a part of incoming debris which will produce a finished product size that will average 3" minus for the City's free mulch program given to City residents, civic organizations, homeowners! associations, NET Centers, aeauti.fication Committee and chuLuiisb al. Lhe Virginia itey Yard/Trash Management Facility located at 3851 Rickenbacker caugeway- BACKGROUND Th© Department of General Services and Solid want* wish to secure the services of Volume Reduction Services, Inc., a non -local, non - minority owned company to provide professional grinding services of large stumps, logs and pine wood that will consistently be a part of incoming debris which will produce a finished product size that will average 3" minus for the City's free mulch program rjivon to City residents, civic organizations, homeowners associations, NET Centers, Beautification Committee and churches at the Virginia Key Yard/Trash Management Facility located at 3851 Rickenbacker Causeway. This company is an expert in the field of processing yeard waaLe material and will Resist tho Solid Waste Division with its continued development of the site. Funding will be available in the FY'95 Recycling and Education Grant Fundl 197006-421304-340, for an amount not to exceed $50,000.00 w211Vh vv&awLiLuLea approximately 3,125 tone at $16.00 per ton. 95- 122 �Nq i CITY OF MIAMI, FLORIDA OG:'fii EGA-QDF OCE CVIMOv ORANDUM. 7O ` Cesar H. Odio OAT! : FILE City Manager SUBJECT : RESOLUTION APPROVING A PROFESSYODYAL SERVICES AGREEMENT WITH VOLUME noM . Ron E. :,1liams REFERENCU : REDUCTION SERVICES, Assistant City Manager INC. ENCLOSURES: W LI With the City's ongoing diversion activities to the Virginia Keay Yard/Trash Management Facility and the potential for revenue savings through -this effort; it is important to ensure that the necessary equipment and personnel is secured.,. to 'provide the grinding necessary for the processing of yard waste material that will assist the Solid Waste Division with its continued development of this facility. The Solid Waste Division of the Department of General Services Administration and Solid Waste is requesting the City Cemmission's approval of a Professional Services Agreement with Volume Reduction Services, Inc., which is a company who has provided professional grinding services in the past to the City of Miami and is an expert in the field of yard processing. This is a non - local and non -minority company located at 9365 Phillips Highway, Jacksonville, FL 32256. Funding is available in the FY'95 Recycling and Education Grant Fund; 199006-421304-340 for a total amount not to exceed $50,000.00. 95- 122 3 I WVrll V6j"4A! Wi IV 1- CITY OF MIAMI, FLORIDA OLi���L�-d��r�r0�� 'G��G�4�t�AGbmlL7GuJ To: Ron E. Williams Assistant City Manager 4( FROM: 4ri&enne M. Macb th Deputy Director Solid waste Division DATE : January 13, 1995 FILE SUBJECT : RESOLUTION APPROVING A PROPESSIONAL SERVICES AGREEMENT WITH VOLUME REFERENCES : REDUCTION SERVICES, INC. ENCLOSURES: It have become necessary to prepare the attached resolution approving the City Manager's action in approving a Professional Services Agreement for volume Reduction Services, Inc. to provide grinding services for the processing of yard waste material. This action will assist the Solid Waste Division with its continued development of'the proposed Virginia Key Yard/Trash Management Facility located at 3851 Rickenbacker Causeway. Funding is available in the FY'95 Recycling and Education Grant Funds 197006--421304-340• for a total amount not to exceed $50,000.00. 95- 122