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HomeMy WebLinkAboutR-94-0628J-94-728 8/26/94 RESOLUTION NO. 9 4— 628 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PEER CONSULTANTS, P.C., FOR THE DEPARTMENT OF GENERAL. SERVICES ADMINISTRATION AND SOLID WASTE TO PROVIDE TECHNICAL SUPPORT IN THE DEVELOPMENT AND PERMITTING OF THE VIRGINIA KEY YARD WASTE MULCHING AND COMPOSTING FACILITY LOCATED AT 3851 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $40,500.00, FROM THE FY `94 RECYCLING AND EDUCATION GRANT FUND, PROJECT NO. 197006, EXPENDITURE INDEX CODE NO. 421304-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SERVICES RENDERED IN ACCORDANCE WITH SAID AGREEMENT. WHEREAS, the City of Miami has developed a site for the diversion of yard waste through the mulching and composting facility located at the Virginia Key Yard Waste Mulching and Composting Facility, 3851 Rickenbacker Causeway, Miami, Florida; and WHEREAS, the city requires professional. assistance to provide technical support for the development and permitting of this site; and AT T ACH1fill 7ulZ'T�� CCN'TAI16ED cm COMMSSION 14EETI1- G OF S E P P 8 1494 R904uticn NO, 94- 628 WHEREAS, Peer Consultants, P.C., a non -local, minority -owned environmental engineering firm located in Rockville, Maryland possesses the requisite expertise to provide this technical support (pollution, environmental, energy and resources); and WHEREAS, Peer Consultants will review the pertinent Florida Department of Environmental Protection (DEP) regulations, prepare permit applications and reports; and WHEREAS, funding is available for this service from the FY '94 Recycling and Education Grant Fund, Project No.. 197006, Expenditure Index Code No. 421304-340, for a total amount not to exceed $40,500.00; and WHEREAS, the City Manager and the Assistant City Manager for the Department of General Services Administration and Solid Waste request approval of this agreement; 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 Peer Consultants, P.C., for the Department of General Services Administration and Solid Waste to provide technical. support in the development and permitting of the Virginia Key Yard Waste Mulching and Composting Facility, located at.3851 Rickenbaoker Causeway, Miami, Florida, with funds therefor being hereby -2- 94- 628 IL IN allocated, in an amount not to exceed $40,500.00, from the FY '94 Recycling and Education Grant Fund, Project No. 197006, Expenditure Index Code No. 421304-340. Section 3. The City Manager is hereby authorized to Instruct the Chief Procurement Officer to issue a purchase order for services rendered in accordance with said agreement. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of September 1994. STEPHEN P. CLARK, MAYOR A S TTY HIRAI CITY CLERK PREPARED AND APPROVED BY: r OLGA MI EZ-SEIJ ASSI ANT CITY AZtORN39 APPROVED AS TO FORM AND CORRECTNESS: A j QII9TON N JO CITY ORS:esk:M4 87 -3- 94- 628 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 Peer Consultants, P.C., hereinafter referred to as "CONSULTANT.". RECITAL WHEREAS, the City of Miami is pursuing the development and permitting of a yard waste composting 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, funds for this Professional Services Agreement are available from Project No. 197006, Expenditure Index Code 421304- 340; and WHEREAS, the CONSULTANT'S expertise in the field of Technical Support (pollution, environmental, energy and resources) will assist the CITY in technical support to the Solid Waste Division for the development and permitting of the proposed Virginia Key Yard waste Composting 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. 197606, Expenditure Code No. 421304-340 in an amount of $49,500.00; 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: RMEW, pL S IDEIMFY AS -1- * K 4Yet) 94- 628 0 I. TERM: A. The term of this Agreement shall be valid for one (1) year from the date of signature on the Agreement. B. The term of this Agreement is based on funds allocated from Project No. 197006, Expenditure Index Code 421304-340. ia. SCOPE OF SERVICES: CONSULTANT shall: (1) Consult with the Deputy Director of the Department of General Services Administration and Solid Waste and such other CITY personnel as the Deputy Director may, designate at the times and places required by the City in obtaining permits to begin the yard waste compost operations and then to provide support for starting the operation of .the composting facilityi and (2) Review regulations of Florida Department of Environmental Protection (DEP) and referenced regulations of U.S. EPAI and (3) Meet with City of Miami Solid Waste Department Officials (Ms. Adrienne M. Macbeth and Mr. Henry Jackson) to confirm objectives and details of the facility and to assure the consistency in understanding the information required and actions to be taken to obtain and comply with the permitting' requirements. Obtain environmental information and other relevant datas and -2- 94- 628 Prepare permit application to DEP for City of Miami and prepare report to accompany application. The scope (outline below follows regulation) of the report to accompany application as required under DEP Rule 17- 707.500 is as follows: Paragraph exempt (a) Obtain land use map and aerial photo from City and indicate facility and significant features; and (b) Paragraph exempt (c) Paragraph exempt (d) Design capacity, type and source of compost additives used and environmental implications of additives, if any; and (a) Paragraph exempt (b) Leachate reuse and disposal techniques Details such as fencing, road access, signage, litter control, dust control, fire protection and vector and odor control devices; and A proposed plan of operation to include: (a) Person in charge requirements (b) Equipment required (c) Collection and delivery requirements and 4 procedures to omit prohibited materials (d) Facilities for weighing incoming wastes Ii (e) Vehicle traffic control and unloading 1 practices M Method and sequence of processing waste i (g) operation of storm and leachate systems (b) Designation of backup sites (i) Paragraph exempt (6) Review record -keeping requirements -3- + i 94- 628 (5) Revise and update site plan for submission with permit application (6 Prepare technical information for public relations consultant for community outreach program. (7) Professional interface with, all regulatory bodies and technical follow-up as determined by regulatory bodies (i.e., state) during permitting process, including consultant responsible for wetlands mitigation issue (S Development of..Quality Assurance Plan and Health i Safety Plan for the compost facility; including impact analysis of the Waste Water Treatment Plant. III. CO[PENSATIONs A. Funds will be allocated from Project No. 197096, Expenditure Control No. 421304-340. CITY shall pay CONSULTANT, as compensation for the services requested pursuant to Paragraph II hereof $40,500.00. B. Such compensation shall be paid on the following basins CONSULTANT will invoice CITY half of said amount at the execution of the contract in the amount of $20,250.00 and remaining balance of $20,250.00 will be invoiced at the completion of the contract according to the terms of the contract. 94- 628 -4- C. CITY shall have the right to render this Agreement null and void and no payment shall be made upon notice of denial of payment. D. 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 LAKSs Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. V. GENERAL COHDITIONSs 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. CITr OF MIAMI CONSULTANT DEPT. OF GSA & SW PEER CONSULTANTS, P.C. 1290 NW 28 STREET 12300 TKIVBROOK PARKWW MIAMI, PL 33142 SUITE $410 ROCKVILLE, MD 26852 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. -5- 94- 628 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. 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. VI. OWNERSHIP OF PRODUCTIONt All print production developed by CONSULTANT under this agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to paragraph II hersof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all print production maintained and generated pursuant to this -6- 94- 628 contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writing, maps, contract documents, reports or any other matter whatsoever which is given by CITY and shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of the CITY. VII. NONDELEGABILITY: 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. Vill. 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. 94- 628 -7- r IX. AWARD OF AGREEMENTS 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. X. CONSTRUCTION OF AGREEMENT# This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUCCESSORS AND ASSIGNSt This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATIONS CONSULTANT shall pay on behalf of, indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and cause of .action which may arise out of CONSULTANT'S activities under this Agreement, including all other acts or omissions to action 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. -e- 94- 628 XIII. 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 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. B. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code `I 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. ' XIV. i INDEPENDENT CONTRACTOR: CONSULTANT and its employees, agents and f volunteers shall be deemed to be independent i contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, or any rights generally i afforded classified or unclassified employees; further he/she shall not be deemed entitled to �. the Florida Workers' Compensation benefits as ti an employee of the CITY. r { i 94- 628 -9- r U XV. 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. ZVI . 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. 94- 628 -18- 1 t XVII . 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. C. ZDC. 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, option, upon written notice 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. XX. 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. ma. AMENDMENTS s No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. -11- 94- 628 rw 0 s 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. ATTESTS MATTY HIRAI City Clerk i ATTEST: Corporation Secretary WITNESSES: As to Consultants (Note: If Consultant is not a Corporation a witness must sign) CITY OF MIAMI, i inicipal Corporation of the State of Florida By: CESAR H. ODIO City Manager CONSULTANT Title (Seal) PEER CONSULTANTS0 P.C. 12300 TWINBROOK PARKWAY SUITE #410 ROCKVILLE, MD 20852 APPROVED AS TO INSURANCE APPROVED WAS TO FORM AND REQUIREMENTS: CORRECTNESS: SEGUNDO PEREZ QUIND NES, I Insurance Coordinator City A ney 09 Frank K. Rollason, Deputy Chief Risk Management Division -12- CITY OF MIAMI, FLORIDA CA=25 INTER -OFFICE MEMORANDUM 70 : DATE : AUG 2 5 I��� FILE Honorable Mayor and Members of the City Commission SUBJECT: RESOLUTION CONFIRMING AND APPROVING THE AGREEMENT FOR PEER CONSULTANTS, P.C. FROM : Cesar O REFERENCES. City ger ENCLOSURES A4' RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution confirming and approving the City Manager's action in approving a Professional Services Agreement for Peer Consultants, P.C., a Black owned vendor located at 12300 Twinbrook Parkway, Suite #410, Rockville, Maryland. This company has been selected to help in the development and permitting of the Virginia Key Yard Waste Mulching Facility at 3851 Rickenbacker Causeway. BACKGROUND The Department of General Services and Solid Waste secured the services of Peer Consultants, P.C., a non -local minority owned environmental engineering firm to provide all technical support necessary to secure the required permit to operate a full scale yard waste compost operation via Florida Department of Environmental Protection (DEP). This component of the City's recycling program provides substantial savings and a viable, finished soil amendment product that has a long range marketability for users such as landscapers, nurseries, homeowners, Department of Transportation, City Parks and home improvement retail stores. 94- 28 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : DATE FILE Cesar H. Odio City Manager SUBJECT RESOLUTION CONFIRMING AND APPROVING THE AGREEMENT FOR PEER FROM: Ron E . Williams REFERENCES: CONSULTANTS, P.C. Assistant City Manager ENCLOSURES With the City's ongoing diversion efforts to the Virginia Key Yard Waste Mulching Facility for the development and permitting of yard waste composting per regulations of the Florida Department of Environmental Protection (DEP), the Solid Waste Division of the Department of General Services Administration and Solid Waste is requesting the City Commission's confirmation and approval of a Professional Services Agreement with Peer Consultants, P.C. This environmental engineering firm will provide all technical support to the Solid Waste Division to secure the required permit to operate a full scale yard waste compost operation located at 3851 Rickenbacker Causeway. This component of the City's recycling program provides substantial savings and a viable, finished soil amendment product that has long range marketability for users such as landscapers, nurseries, homeowners, Department of Transportation, City Parks and home improvement retail stores. 94- 628 3 Irr r Gn 46r1 llnC I' Mr-1rVf1*%F4LJUM ( TO : DATE FILE Ron E. Williams Assistant City Manager _._._. SUBJECT : RESOLUTION CONFIRMING AND APPROVING THE AGREEMENT FOR PEER 1 FROM : rrienne M. Macbeth REFERENCES :CONSULTANTS, P.C. Deputy Director Solid Waste Division ENCLOSURES: i I i It has become necessary to prepare the attached resolution confirming and approving the City Manager's action in approving a Professional Services Agreement for Peer Consultants, P.C. Inc., to provide technical support to the Solid Waste Division for the development and permitting of the Virginia Key Yard Waste Composting Facility located at 3851 Rickenbacker Causeway. t �' :n Uj t To ,-` 36800913053261114 P.02 FRntl HUE Engineering INC CCC JUN-15-1994 15 17 08�13/84 12:58 al 301 949 5742 Hodge, Hart & A. r 0 -- -- - - -- - twat DATE t+KA CERTlfICAT.E OF IMSURANC9 0b/t5t4t PROWJMA Nodga , Vert A AsWlaitss, Ins. THIS CERTIFICATE It ISSM0 AS A MT79 OF 1001MItON ONLY AM an 40 RIGHTS UPON THE GCRTIFICAlf "*LOU- TAtS CEMTIFICAU DOSS W + EYTIbD 04 ALTER THE Ct;vU" ARFORM It 791 POLICIES VELOW lom Corcar-d Street c";nston, %a 20M COMPAMIFS AFFOUM COVERAU ("MY UA (301) 94 -1555 INSURED E E Pter Consuttaonta, P.C. 12300 Tatnbraak Porkusy suite 410 aNkvilke, Nsrykwd 2OBSZ MIT- IFTT" LETTER I THIS 10 TO CIRTIFY THAT TNd MIMSR OF INIURANCE LISTED BLOW MAVL BEEN ISSUED TO THE 14SAID NAMED A" 1011 91 POLICY PER1 O IJOICAr , HOTL1T"TAWDIWO ANY REWIREt 0, t" OR COWITION OF ANY WNTACT 09 OTMER DOVAENT V(TH Rt<EPICT TO WHICH THIS URT111CATE NAY U IstUee Oil MAY PERTAIN THE IiLVX MCS AFFO"10 BY TAR micitS OESCRICE9 HEREIN is s+t icr TO ALL TK MRS. EXCLUSIONS AM CMITIUS Of SUCH P(XICUS. LIMITS SNOW NAY MA BEER REDUCED lY PAID CLAIMS, CO LLIN Fyn Of INVJWC£ tr{M.TCT Wiwi POLICY EMM YE DATE POLI 1102RATIOH DATE LIMITS A OINERAL LIABILITY i)Q COOMMIAL UNPAL LIA8ILITY 112446442 09/27/0 off"/% A06a IRME II t I CLAIMS MADE 00 btt'M t l OWNERS 1 MUACTOR+S PROT. 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" - x Q ':ir H, - ai ;'Y Clerk o is 14 �� I § 401 MIAMI, FLORIDA .^1 t I,- ice--•• . �.. . �.. (Any change to introduce a new principal use or any additions over twenty (20) percent of any existing use shrill be allowed by Special Exception only.) 1. Auditoriums, libraries, museums and galleries related to the fine arts; neighborhood or community centers. 2. financial institutions, provided Clint drive -through facilities shall be permitted only by special permit, as indicated below. 3. Adult and child daycare centers, subject to the requirements of sections 935 and 936. 4. hospitals. G. Offices, business and professional (other than those selling merchandise on the pre- mises), clinics (other tban veterinary); studios; medical laboratories. 6. Places of worship. 7. Schools, post -secondary public or private educational facilities, colleges and univer- sities, public and private, including business colleges, trade schools (except those having external evidence of activities of an industrial nature), conservatories, dancing schools. S. Structures and uses other than those listed above required for performance of a governmental function, except as specified below. 9. Structures and uses relating to operation of public utilities and requiring locations within the district (other than aboveground lift stations, electrical substations, line - of -sight relay devices for telephonic, radio or television communication, and the like, which shall require special permits as indicated below); railway rights -of -way and tracks, but not railroad yards, storage or warehousing, switching or shops; provided that no such public utility use shall involve extensive storage or have storage as its primary purpose. 10. Foster care homes. 11, Group homes. recoi /-i 3 12. Cemeteries. 1t@IT2��_°� �__ an Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted Orin- cipal uses and structures. Conditional Principal Uses: 1. Jails, detention facilities, work camps by Special Exception with city commission approval. 2. Public incinerators (except for forensic incinerators), solid waste facilities of any type by Special Exception with city commission approval. 112 //