HomeMy WebLinkAboutR-93-0516J-93-595
8/17/93
RESOLUTION NO. 519-6
A RESOLUTION, WITH ATTACHMENT, RATIFYING,
APPROVING AND CONFIRMING THE ACTION OF THE
CITY MANAGER IN AWARDING A PROFESSIONAL
SERVICE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BY AND BETWEEN GLADYS KIDD &
ASSOCIATES AND THE CITY OF MIAMI TO PROVIDE
EDUCATION AND PUBLIC MATERIALS AND SERVICE
REGARDING RECYCLING AND COMPOSTING ACTIVITIES
FOR RESIDENTS CITY-WIDE FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE AT A TOTAL PROPOSED AMOUNT OF $25,000;
ALLOCATING FUNDS THEREFOR FROM FY '93 SOLID
WASTE REDUCTION: RECYCLING AND EDUCATION
GRANT FUND, PROJECT NO. 197005, ACCOUNT CODE
NO. 421303-340.
WHEREAS, the State of Florida has enacted the 1988 Solid
Waste Management Act requiring counties and cities statewide to
develop and implement recycling programs in order to accomplish
the statewide recycling mandate and legislative goal of a thirty
percent (30%) waste reduction by July 1, 1994, in accordance with
Section 403.795(4) Florida Statutes; and
WHEREAS, the City recognizes the need to comply with the
State recycling mandate and considers the educational component
of this endeavor to be of the utmost importance in ensuring the
success of this program; and
WHEREAS, Gladys Kidd and Associates was secured by the
Department of General Services and Solid Waste for the purpose of
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CITY COMMSSION
Mr,F: i'NTG OF
Resolution No.
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providing educational and public materials regarding recycling
and composting services for residents city-wide and conduct media
campaigns for the same; and
WHEREAS, funds for these services are available from the
FY '93 Solid Waste Reduction: Recycling and Education Grant Fund,
Project No. 197005, Account Code No. 421303-340; and
WHEREAS, the City Manager and the Assistant City Manager for
the Department of General Service Administration and Solid Waste
recommend the ratification of the contract with Gladys Kidd and
Associates for a total proposed Esmount of $25,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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Section 1. The recitals and finding contained in the j
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Professional Services Agreement by and
between Gladys Kidd and Associates and the City of Miami to
provide educational and public materials regarding recycling and
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composting services for residents city-wide and conduct media
campaigns for the same at a total proposed amount of $25,000 is
hereby ratified, approved and confirmed, with funds therefor
hereby allocated from the FY '93 Solid Waste Reduction: Recycling
and Education Grant Fund, Project No. 197005, Account Code No.
421303-340.
Section 3. This Resolution shall become effective
immediately upon its adoption.
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PROFESSIONAL SERVICES AGREEMENT
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This Agreement entered into this day of ,
19 by and between the City of Miami, a municipal corporation
of the Statg of Florida, hereinafter referred to as 'CITY', and
Gladys KidO and Associates, hereinafter referred to as
"CONSULTANT.'"
RECITAL:
WHEREAS, the State of Florida has enacted the 1986 Solid
Waste Management Act requiring counties and cities statewide to
develop and implement recycling programs in order to accomplish
the statewide recycling mandate and legislative goal of a thirty
percent waste reduction by July 1, 1994 in accordance with
section 4034706(4) Florida Statute; and
WHEREAS, the State Solid Waste Management Grant Program
provides for funding of local recycling and educational projects;
and
WHEREAq, funds for this Professional Services Agreement are
available from the Solid Waste Reduction; Recycling and Education
Grant Fund Project No.197005 Account #421303-840-340; and
WHEREA�, the City and Sanitation Employees Association have
mutually amended their 1991-1994 Agreement to provide for the
delivery of Curbside Recycling Services to City of Miami
residents; and
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i WHEREAS, the CONSULTANT'S expertise in the field of Public
Relations will assist the CITY in the multi-lingual educational
and public information component of the implementation of the
second phase of the City's residential curbside, multi -material
recycling program, by producing educational/informational
y materials within required parameters outlined in the Cit:y's grant
funding by the Florida Department of Environmental Regulation as
part of a joint grant application with Metropolitan Dade County
and the Amended 1991-1994 S.F.A. and City of Miami Agreement,
both of which are incorporated herein by reference; and
WHRREA$, authorization to proceed with the scope of services
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i required pursuant to Paragraph II hereof shall be authorized from
funds allocated from the State Solid Waste Management Grant Funds
per Florida Department of Environmental Regulation grants rule
17-716.310;
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:
I.
TEAMt
A. The term of this Agreement shall be from May 10, 1993
ithrough September 10, 1993.
B. The texm of this Agreement is based on funds allocated from
a grant award received from the State of Florida Solid
Waste management Grant Fund per grant rule 17-716.30.
SCOPE OF 8ER(IICES,
CONSULTANT Shalli
(1) Consult with the Deputy Director of the
Department of Goneral 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 on
program design and art work for printed
informational and educational materials to
residents and media notices regarding the
S.E.A.'s assumption of curbside recycling
collection services and those educating and
informing City residents about all aspects
of the program, including but not limited to
"How to Recycle, Recycling Collection Routes
and Schedules; Customer Service Number,
Recycling Tips, etc. in three (3) languages
(English, Spanish and Creole); and
(2) Review the Recycling Amendment to the 1991-94
S.E.A. Bargain Agreement outlining the
requirements of the public educational and
information program.
(3) Conduct a multi-lingual media awareness
campaign to educate citizens or the who,
what, where and why's of recycling to assure
their full support for and sustained
cooperation in the recycling program] and
(4) Consultant shall provide all the production
and placement o£ print ads in publications
such as The Miami Herald Neighbors, Diario
Las Americas, Caribbean Today, etc, insuring
that all neighborhoods in the City are
coveredl and
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(5) Consultant shall provide to the City of
MiainP s Division of Solid Waste camera ready
copies for flyers, brochures, information
cards, stickers and posters for City
reproduction and distribution to citizens►
and,
(6) Create educational/informational materials
for all residents to implement the new City
of Miami Alternate Week Seporated Trash Set -
out Program.
III.
COHPENS TIONt
A. Funds will be allocated from a grant award
received from the Solid Waste Management
Grant Funding. CITY shall pay CONSULTANT, _
as maximum compensation for the service
requested pursuant to Paragraph It hereof
B. Such compensation shall be paid on the
following basis.
One initial payment amounting to $5,000 to
be paid at the execution of the contract and
thoreafter payment will be made based upon
sobmission of invoices submitted according
to the terms of the contract.
C. CITY shall have the right to render this
Agreement null and void and no payment shall
bO made upon notice of denial of grant
funding
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.
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COMPLIANCE WITH FEDERAL STAT,- ND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinance:, and codes of federal, state and local
governments.
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 GLADYS KIDD & ASSOC.
1290 NW 20 STREET 2121 N BAYSHORE DR.
MIAIII, FLA. 33137 MIAMI, FLA. 33J.37
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. ^'
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 provi3lon:. paragraphs, sentences, words or
phrases contained in this Agreement be determined by a court
of competent jurisdic.Licn to be invalid, illegal or
otherwise unenforceanle under the laws of the State of
Florida or the city of Miami, such provisions, paragraphs,
sentences, words or phrases shall he deemed rrodlfled 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 an
in full force and effect.
VI.
OWNERSHIP OF tRODUCTION:
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
hereof 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 contractual relationship between CITY and CONSULTANT
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shall be subject to all provisions of the Public Records
Law, Chapter 119, Florida Statuteg.
It is further understood by and between the parties
that any information, writing, maps, contract documents,
reports, or any
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other matter whatsoever which is given by
CITY and shall at all times remain the
property of CITY and shall not be pled by
CONSULTANT for any other purposes whatsoever
without the written consent of the CITY,
ii VII.
NONDELEGABILITY: w
That the obligations undertaken by CONSULTANT
pursuant to the Agreement shall not be
delegated or assigned to ay 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. (r
VIII.
AU IT 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 one year after final payment is
made under this Agreement.
IX.
AK4RD OF AGRBEMENT:
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 ray, 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.
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C
NSTRUCTION OF AGROCMV14TI
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This Agreement shall be construed andr
enforced according to the laws of the State
i of Florida,
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XI
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SV.CCESSORS
AND ASSIGNSs
This Agreement shall be binding upon the
parties herein, their heirs, executors, legal
representatives, successors, and assigns.
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XII.
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IN
EMNIFICATIM
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CONSULTANT shall pay on behalf of, indemnify
and save CITY harmless from and against any
s
and all claims, liabilities, losses, and
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cause 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
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investigation thereof.
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XIII_.
CONFLICT OF INTERESTi
A. CONSULTANT convenants that no person under
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its employ who presently exorcises 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 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.
INDEPENDENT CONTRACTORS
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
benefits under the Civil Service or Pension
Ordinances of the CITY, or any rights
generally afforded classified or unclassified
employees; further be/she shall not be deemed
entitled to the Florida Workers' Compensation
benefits as an employee of the CITY.
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xv.
TEIMIN� ATION OF CONTRACTS
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 �,r.✓✓
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.
XVI.
NONDISCRIMINATION s
CONSULTANT agrees that it shall not
discriminate as to race, sex, color, creed,
national origin, 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, creed, national origin, or
handicap be excluded from the participation
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in, be denied benefits of, or be subjected to
discrimination under any program or activity
receiving federal financial assistance.
XVII.
!1 NORITY PROCUREMENT COMPLIANCES
CONSULTANT acknowledges that it has been
furnished a copy of ordinance No.10536, the
Minority Procurement ordinance of the City of
Miami, and agrees to comply with all
applicable substantive and procedural
provision therein, including any amendments
thereto,
XVIII.
C NTINGENCY CLAUSE:
Funding for this Agreement is contingent on
the availability of funds and continued
authorization for SS am„ activities and is
subject to amendment or termination due to
lack of funds, or authorization, reduction of
funds1 and/or change in rewulations,
XIX.
D�FAULT CLAUSE:
In the event that CONSULTANT ahall 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 to CONSULTANT may
cancel and terminate this Agreement, and all
payments, advances or other compeneation paid
to CONSULTANT by CITY white CONSULTANT was in
default of the provisions herein contained,
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shall be forthwith returnefl to CITY. i
XX. /
EB1 TIRF. AGREEMENTi �- --✓
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.
XXI.
AhENDMENT6:
No amendments to this Agreement shall be
binding on either party unless in writing and
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signed by both parties.
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IN WITNESS WHEREOI,, 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.
CITY OF MIAMI, municipal
Corporation of the Stake of
ATT• T: Florida /
a G _ ¢P By: _ _-- - - ------__ ---- _
�4 CGSA
MATTY HIRAI d R I1. �UIO
City Clerk City Manager
ATTEST: CONSULTANT
Corporation Secretary~
(Seal)
WITNESSES:
(As to Consultants]
(NOTE: If Consultant is
not a Corporation
a witness must sign.)
APPROVED AS TO INSURANCE
R�EQU/I .NTS
' aRQ
Insurance Coordinator
APPROVED AS TO FORM AND
CORRECTNESS:
/City At o ney
CITY OF MIAMf. FLORID,
• INTER -OFFICE MEMORAI
CA=15
TO Honorable Mayor and Members DATE AUGc ���3 ILE
of the City Commission t U
SUBJECT RATIFICATION OF A
p.. PROFESSIONAL SERVICE
AGREEMENT CONTRACT
Cesa io WITH GLADYS KIDD AND
FROM REFERENCES 1
City ager ASSOCIATES
ENCLOSURES
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RECOMMENDATION
It is respectfully recommended that the City Commission adopt the
attached resolution ratifying, approving and confirming a
professional service agreement contract to Gladys Kidd and
Associates, a Black -Hispanic, female owned firm located in the City
of Miami. The existing contract was approved to provide
educational and informational materials and media services
regarding recycling and composting for residents city wide and
conduct media campaign regarding the same at an amount not to
exceed $25,000.00. Funds are allocated from the FY'93 Solid Waste
Reduction: Recycling and Education Grant Fund, Project No. 197005,
Account No. 421303-340.
BACKGROUND
The 1988 State of Florida Solid Waste Management Act mandates
counties and municipalities to develop and implement recycling
programs in order to accomplish the statewide goal of a thirty
percent (30%) waste reduction by July 1, 1994. Funding for local
government recycling projects have been established in the Solid
Waste Management Grant Program. The educational component of this
endeavor is of the utmost importance in ensuring the success of
this program. The Department of General Services Administration and
Solid Waste determined the need for the educational and public
materials and service regarding recycling and composting for
residents city wide and conduct media campaigns for the same.
Therefore, Gladys Kidd and Associates was secured for the purpose
of the educational component.
The City Manager and Assistant City Manager for the department
request your ratification of this action.
Amount of Bid: $ 25,000.00
Source of Funds:
FY' 93 Solid Waste /-I/q/
Reduction: Recycling and
Education Grant Fund,
Project No. 197005
Account No. 421303-340
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : DAT'C
Cesar H. Odio FILE
City Manager
SUBUECT Ratification of a
Professional Service
Agreement Contract with
FROM : b REFERENCESGladys Kidd & Associates
Ron E. Williams
Assistant City Manager ENCLOSURES
The Department of General Services Administration and Solid Waste
is requesting City Commission ratification, approval and
confirmation of the City Manager's action in awarding a
professional service agreement contract to Gladys Kidd and
Associates, a Black -Hispanic, female owned firm located in the
City of Miami.
With your approval this department secured the services of Gladys
Kidd and Associates for the development of educational and
informational materials and media services regarding recycling
and composting for residents city wide and to conduct media
campaign regarding both programs and the S.E.A.'s assumption of
recycling.
The existing professional service agreement contract with Gladys
Kidd and Associates is for $25,000.00. Funds are allocated from
the FY'93 Solid Waste Reduction: Recycling and Education Grant
Fund, Project No. 197005, Account No. 421303-340. We are obliged
to spend these funds by September 30, 1993 in order to qualify
for reimbursement by Metro -Dade County.
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