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HomeMy WebLinkAboutR-91-0025I J-91-71 1/10/91 RESOLUTION No. 9 ,--. 25 A RESOLUTION, WITH ATUCHMU, AtfI[MZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREE[ U, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN KEEP DADE BEAUTIFUL, INC. AND THE CITY OF MUM r IN AN AMOUNT NOT TO EXCEED $20,000, IN ORDER TO PROVIDE RECYCLING EDUCATIONAL SERVICES TO CITY OF MIAMI RESIDENTS; ALLOCATING FUNDS THEREFOR FROM THE FY '91 SOLID WASTE REDUCTION: RECYCLING AND EDUCATION SPECIAL GRANT FUND. WHEREAS, the State of Florida has enacted the 1988 Solid Waste Management Act requiring counties and cities state-wide to develop and implement recycling programs in order to accarplish the state-wide recycling mandate and legislative goal of a thirty percent waste reduction by July 1, 1994, in accordance with Section 403.706(4) Florida Statute; and WHEREAS, the City Cc mission recognizes the need to comply with the State recycling mandate and considers the conservation of energy and the environment to be of utmost importance in this day and age; and WHEREAS, the State of Florida Solid Waste Management Act encourages local goernments "to recycle yard waste into carpost or other useful end products available for agricultural and other acceptable uses" in accordance with Section 403.706(2)(c), Florida Statutes; and WHEREAS, it has been established by authoritative sources that the recycling of yard waste contributes to the effort to help the environment and creates significant disposal cost savings for the City; and WHEREAS, the consultant's expertise will assist the City of Miami to educate its residents of the City Recycling and Composting Programs and their rights and responsibilities; and WHEREAS, funds for this agreement are available fram the FY 191 Solid Waste Reduction: Recycling and Education Special Grant Fund; NOW, 'THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FIARIDA: 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. ATTACHMENTS ,'nNTAINF CITY C014MISSION MEETING OF J AN 10 1991 91-- 251 Section 2. The City Manager is hereby authorized 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 $20,000, in order to provide educational literature and activities regarding the City's Curbside Recycling and Ccmposting Programs, in accordance with Rule 17-709, Florida .Administrative Code, and pursuant to Section 403.706(2)(c), Florida Statutes, with funds therefor hereby allocated from the FY 191 Solid Waste Reduction: Recycling and Education Special Grant Fund. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AMID ADOPTED this 10th day of January , 199 , CITY CLERK BUDGETARY REVIEW: MANCHAR S . SURANA, DIRECTOR DEPARTMENT OF BUDGET APPROVED AS TO FORM AMID CORRECTNESS: r 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. 91 25 - 2 - PROFESSIONAL SERVICES AGREEMENT This Agreement entered into this day of , 19910 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, the City of Miami has begun to demonstrate its commitment to alternative waste handling services, including an office and mixed paper recycling program, a curbside recycling pilot program and a proposed municipal yard waste recycling facility; and WHEREAS, the City has been awarded a Florida Department of Environmental Regulation Recycling and Educational Grant to support the above referenced activities; and WHEREAS, the Florida Department of Environmental Regulation Recycling and Educational Grant requires an extensive community/city information distribution effort to achieve our objectives; and WHEREAS, Keep Dade Beautiful, Inc. is a nonprofit organization, who objective is the education of the community in these areas; and WHEREAS, the City of Miami desires to utilize the extensive experience of Keep Dade Beautiful in assisting the City in educating staff and city residents/businesses in all phases of our recycling efforts; 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: ftk REiv%NinG FOR FORD it INK PLIASE ioENi Y AS q(05�=WW 91- 25 I TERMS The term of this Agreement shall be from one (1) year from November 19 1990 through October 31, 1991. II SCOPE OF SERVICES CONSULTANT will assist the City in: (1) Meeting the educational/information dissemination requirements of the Florida Department of Environmental Regulation Grant for 1990-1991. (2) Developing and implementing a Recycling Awareness Campaign. (3) Involving the City in recycling projects such as their Proposed Telephone Directory Recycling Project. (4) Identifying, applying for and implementing grants related for recycling projects. (5) Providing periodic reports to the City consistent with the compensation schedule. (6) Agreeing that the City of Miami and the Florida Department of Environmental Regulation will be recognized in/on all activities/printed material resulting from this agreement. III COMPENSATION A. CITY shall pay CONSULTANT, as maximum compensation for the services required pursuant to Paragraph II hereof, $20,000. B. Such compensation shall be paid in four (4) equal installments: (1) First payment no later than thirty (30) days after execution of this agreement; (2) Second payment no later than March 31, 1991; (3) Third payment no later than June 31, 1991; and (4) Final payment no later than September 31, 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. 91-- 25 -2- 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. 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 rule. D. 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 -3- 25 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. 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. -4- 91— 25 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. 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. -5- 91- 25 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 CONTRACTOR CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and sha11 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. -6- 9 1 - 25 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. 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 -- 25 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. ATTEST: MATTY HIRAI City Clerk ATTEST: Corporatll WITNESSES: As to CONSULTANT (NOTE: If CONSULTANT is not a Corporation, two witnesses must sign.) APPROVED AS TO INSURANCE REQUIREMENTS: CITY OF MIAMI, a municipal Corporation of the State of Florida By CESAR D 0 City Manager CONSULTANT: Keep Dade Beautiful, Inc. By AN MARIA MONTE-FLORES APPROVED AS TO FORM AND CORRECTNESS: .......... . '__ - a_ - ___ ig#7�?r_r SEGUNDO REZ 4JGE-L. F DEInsur ce Mana ttorney 91— 25 Im