HomeMy WebLinkAboutR-91-0024J-91-68
1/10/91
RESOLUTION NO. 91 _ 24
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN KEEP DADE BEAUTIFUL,
INC., AND THE CITY OF MIAMI, IN AN AMOUNT NOT
TO EXCEED $30,000, IN ORDER TO PROVIDE
PROGRAMS AND SERVICES TO PREVENT LITTER AND
OTHER NEGATIVE IMPACTS ON OUR ENVIRONMENT;
ALLOCATING FUNDS THEREFOR FROM THE FY '91
OPERATING BUDGET OF THE SOLID WASTE
DEPARTMENT.
WHEREAS, representatives from Keep Dade Beautiful, Inc. have
requested funds to provide programs and services aimed at
preventing and solving problems in the area of litter prevention
and in preserving the quality of environmental life in our City;
and
WHEREAS, a contract with Keep Dade Beautiful Inc., a not -
for -profit corporation, affords the City additional environmental
preservation benefits because of the State and National network
of Keep America Beautiful Programs with which said corporation is
i affiliated; and
WHEREAS, funds are available from the 1990-1991 Solid Waste
Department Operating Budgeti/.
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 enter
-'/ The name of this department has been changed.
CITY COMMISSION
,�......._._ �A_g_� �wMEETING OF
ATTACHMENTS JAN 10
MNT��I ED >9g�
.,
NE�LUTIOM No."'_�„�24
I
into a professional services agreementa/, in substantially the
attached form, between Keep Dade Beautiful, Inc. and the City of
Miami, in an amount not to exceed $30,000, with funds therefor
being hereby allocated from the FY 191 Operating Budget of the
Solid Waste Department in order to provide services in the
identification, development and implementation of grants, and in
provision of literature and activities which supplement City
ongoing environmental services functions and activities.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this loth day of January , 1991.
XAVIER L. WcAXEZ, MA
ATTE
MATTY HIRAI, CITY CLERK
BUDGETARY REVIEW:
MANOHAR S. SURANA, DIRECTOR
DEPARTMENT OF BUDGET
APPROVED AS TO FORM AND CORRECTNESS:
TO - GE L. ERNANDEZ, CITY ATTORNEY
JLF/gmb/M1986
2'1 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.
- 2 -
91- 24
PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of ,
1991, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
Keep Dade Beautiful, Inc., hereinafter referred to as
"CONSULTANT".
RECITAL.
WHEREAS, representatives from "Keep Dade Beautiful,
Incorporated, have requested funds to provide programs and
services aimed at preventing and solving problems in the area of
the preservation and the quality of environmental life in our
community; and
WHEREAS, funds are available from 1990-1991 Solid Waste
Department Operating Budget;
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:
TERMS:
The term of this Agreement shall be for one (1) year from _
November 1, 1990 through October 31, 1991.
SCOPE OF SERVICES:
CONSULTANT will assist the City in:
(1) Identifying, applying for and implementing grants
related to the prevention of the reduction of the quality of our
environment due to litter, pollution and waste;
(2) Developing and implementing a minimum of four (4)
projects related to the education of our community to the dangers
to our environment that waste, pollution and litter present;
w4ry RETURNING FOR PURTI 2
PLL;+A IDENTIFY AS
/-� 91 24
(3) Soliciting the Community's involvement in waste
handling alternatives;
(4) Providing regular reports to the City;
(5) Agreeing that the City of Miami will be recognized
in/on all activities/printed material resulting from this
agreement.
COMPENSATION:
A. CITY shall pay CONSULTANT, as maximum compensation for
the services required pursuant to Paragraph II hereof,
$30,000.
B. Such compensation shall be paid in three (3) equal
installments as follows:
1. First payment within thirty (30) days of the
execution of this agreement;
2. Second payment no later than March 31, 1991;
3. And final payment no later than September 30, 1991.
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.
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, whichever is earlier.
�2w
91- 24
CITY OF MIAMI CONSULTANT
Environmental Services Keep Dade Beautiful, Inc.
Division 1700 Convention Center Dr.
1290 N.W. 20th Street 1st Floor
Miami, Florida 33142 Miami Beach, Florida 33139
Contact: Adrienne Macbeth Ana Maria Monte -Flores
(305) 575-5107 (305) 532-6804
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 in this Agreement shall
rui e.
0. 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.
E. Should any provisions, paragraph, 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 DOCUMENTS:
All documents 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 documents maintained and
generated pursuant to this contractual relationship between CITY
and CONSULTANT shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
-3- 91-.. 24
4\
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by CITY to CONSULTANT
pursuant to this Agreement 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 CITY.
VII.
NONDELEGABILITY:
That the obligations undertaken by CONSULTANT pursuant to
this 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.
VIII.
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 one year after final payment is made under this
Agreement.
IX.
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.
X
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
-A-
91-- 24
XI.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XII.
INDEMNIFICATION:
CONSULTANT shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and 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 any orders, judgments, or decrees
which may be entered and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
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 such
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.
-5- 91-- 24
Ei
XIV.
INDEPENDENT CONTRACTOR:
CONSULTANT and its employees and agents shall be deemed to
be independent contractors, and not agents or employees of CITY,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY, or any rights generally
afforded classified or unclassified employees; further he/she
shall not be deemed entitled to the Florida Worker's Compensation
benefits as an employee of CITY.
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.
XVI.
NONDISCRIMINATION:
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.
;j
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 in, be
denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
-6- 91.-- 24
XVII.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 10062, Minority Procurement Ordinance of the City of
Miami, and agrees to comply with all applicable substantive and
procedural provisions therein, including any amendments thereto.
XVIII.
CONTINGENCY CLAUSE:
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.
XIX.
DEFAULT PROVISION:
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, then CITY, at
its sole 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.
XX.
ENTIRE AGREEMENT:
This instrument and 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.
-7-
91- 9A
A A
XXI:
AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereinto
duly authorized, this the day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
By
MATTY HIRAI CESAR ODIO
City Clerk City Manager
WITNESSES:
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Insurance M�f�er
CONSULTANT:
Keep Dade Beautiful, Inc.
By_
Ana aria Monte -Flores
APPROVED AS TO FORM AND
CORRECTNESS:
Ci y Attorney
11
-8- 91- 24