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HomeMy WebLinkAboutR-91-0790J-91-861 11/4/91 ( r�' t 11 RESOLUTION NO. ` d A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MCO ENVIRONMENTAL, INC. IN THE AMOUNT OF $9,520.00 FOR THE REMOVAL OF THE ASBESTOS FROM CITY OWNED PROPERTY LOCATED AT 801 AND 815-817 NORTHWEST 2ND AVENUE; AND AUTHORIZING PAYMENT FROM FUNDS THEREFORE ALLOCATED IN CAPITAL IMPROVEMENT PROJECT NO. 322057, ACCOUNT CODE NO. 599101-810. WHEREAS, the City of Miami is desirous of demolishing the vacant structures located within the Southeast Overtown/Park West project area at 801 and 815-817 Northwest 2nd Avenue, Miami, Florida; and WHEREAS, the Department of Environmental Resources Management (DERM) for Dade County requires an asbestos survey prior to the demolition of commercial structures; and WHEREAS, an asbestos survey revealed asbestos in said structures; and WHEREAS, said asbestos is required to be removed prior to demolition; 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. CITY CO% 11 IMSION MEETTAI-IG OF 14 UV 14 1991 9 1 - 790 RcscrtdTw Re. 1 Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, between the City of Miami and MCO Environmental, Inc. in the amount of $9,520.00 for professional asbestos removal from City -owned property located at 801 and 815-817 Northwest 2nd Avenue, Miami, Florida, with funds in said amount being hereby authorized from funds allocated in Capital Improvement Project No. 322057, Account Code No. 599101-810. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of November , 1991. XAVIER L. SUAREZ, MAYOR CITY CLERK PREPARED AND APPROVED BY: JW I�L D L E. MAX�TANT CITY ATTORNEY �J APPROVED AS TO FORM AND CORRECTNESS: NN A'9NE S ,- I I I CITY ATT XNEY JEM/db/M2630 CAPITAL IMPROVEMENT REVIEW: - a7y 1.4i/ DU DO RODRIGUEZ CAPI IMPROVEMENT MANAGER -2- , ..- 790 r-- tA90' PROFESSIONAL SERVICEP AGREEMENT This Agreement is 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 MCO Environmental, Inc., a Corporation, hereinafter referred to as "CONSULTANT". R E C I T A LS_ WHEREAS, the City is desirous of demolishing the vacant structures located within the Southeast Overtown/Park West project area at 801 and 815-817 NW 2nd Avenue, Miami, Florida; and; WHEREAS, The Department of Environmental Resources Management (DERM) for Dade County requires an asbestos survey prior to the demolition of commercial structures; and WHEREAS, an asbestos survey revealed asbestos in said structures; and WHEREAS, said asbestos is required to be removed prior 'to demolition; NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: 7 19 I. TERM The term of this Agreement shall be from November 14, 1991 through December 6, 1991. II. SCOPE OF SERVICES CONSULTANT shall: (1) Be under the general supervision of the Assistant City Manager (ACM) for the Department of Development and Housing Conservation and direct supervision of the Project Manager appointed by the ACM. (2) Remove, transport and dispose of asbestos containing material (ACM) from the above referenced properties as follows: 1. 9 x 9 wood parquet vinyl floor in tailor shop, approx. 120 Sq. Ft. 2. 9 x 9 green vinyl floor in gas station office, approx. 80 Sq. Ft. 3. Roof felt on roof of restaurant, approx. 2,400 Sq. Ft. (3) Obtain all necessary permits. (4) Perform in accordance to Federal, State and local regulations. (5) Maintain $1,000,000 in liability insurance coverage for this project. (6) Provide final air clearance by an independent EPA approved laboratory. (7) Provide a post job submittal including copy of permit notification, company and workers release medical records, insurance certificate, dumping receipts and licenses, will be provided to the owner upon receipt of payment in full. -2- W F3 III. COMPENSATION A. The CITY shall pay the CONSULTANT, as maximum compensation for the services rendered, pursuant to Paragraph II hereof, $9,520.00. B. All expenditures must be incurred during the contract period and verified by original receipts, time records and/or telephone logs. C. CONSULTANT shall submit invoices and supporting documentation to request payment for services rendered on a monthly basis. D. CITY shall endeavor to pay CONSULTANT within fifteen (15) working days from the time expenditures are verified and the invoice is approved for payment. E. CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payments by the CITY. F. All equipment required in connection with the Project shall be furnished by the CONSULTANT. Such equipment shall riot be considered as compensation for the purpose of the maximum compensation limit set forth in paragraph III A above. 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 ` -3- ��W 90 r 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 Department of Development 300 Biscayne Boulevard Way Suite 400 Miami, Florida 33131 CONSULTANT Julio Otazo MCO Environmental, Inc. 7350 NW 7th Street Suite 102 Miami, Florida 33126 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 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 United States, State of Florida, County of Dade, 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 M 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 any and 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 (1987). 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 the CITY and shall not be used by CONSULTANT for any other purpose whatsoever without the written consent of CITY. VII._NON-DELEGABILIT The obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person (other than the specified minority SUBCONSULTANT identified in this Agreement) or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. -5- 9 1790 The CONSULTANT agrees that there shall be no subcontractors in connection with the Agreement without the prior written approval of the CITY and that all such subcontractors or assignees shall be governed by the terms and intent of this Agreement. Anyone hired by the CONSULTANT (subcontractor or any other expense) is solely the responsibility of the CONSULTANT. Nothing stated herein will create an obligation on the part of the CITY to compensate the subcontractor. VIII. AUDIT RIGHTS The CITY reserves the right to audit the records of CONSULTANT pertaining to any billings to CITY for time or expenses 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 CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by 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, OIL their heirs, executors, legal representatives, successors, and authorized assigns. XII. INDEMNIFICATION CONSULTANT shall indemnify and save CITY and its officials harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of CONSULTANT's performance under the provisions of this Agreement, including all acts or omissions to act on the part of CONSULTANT, including any person performing under this Agreement for or on CONSULTANT's behalf, provided that any such claims, liabilities, losses and causes of such action are attributable to the fault of CONSULTANT, and , from and against any orders, judgments or decrees which may be entered and which may result from CONSULTANT's performance under this Agreement, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. If CITY chooses to defend any action on behalf of itself, it shall bear its own costs of defense, and if the provisions of this indemnity provision are applicable, CONSULTANT shall indemnity CITY accordingly. In any event, CITY shall promptly notify CONSULTANT as soon as it has notice of any matter for which this indemnity provision may be applicable. XIII. CONFLICT OF INTEREST CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial - 7 - 91. -_. 7 9 0 i- interest, direct or indirect, in the work product of this Agreement. 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. CONSULTANT, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 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 will fully comply in all respects with the terms of said laws. XIV. INDEPENDENT CONTRACTOR CONSULTANT and its employees, SUBCONSULTANTS, and agents 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 CITY, or any rights generally afforded classified or unclassified employes; furthermore, its agents or employees shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XV TERMINATION OF AGREEMENT Either party may terminate this Agreement by written notice should the other party fail to substantially perform in so 0 accordance with its terms. Additionally, the CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Section 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, CITY shall in no way be obligated and shall not pay to the CONSULTANT any further sum whatsoever and shall, upon request, be reimbursed for any past payments. XVI. NONDISCRIMINATION The CONSULTANT agrees that it shall not discriminate as 'to race, sex, color, creed, age, 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 in, be denied benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance. IM 0 XVII. MINORITY PROCUREMENT COMPLIANCE The CONSULTANT acknowledges that it has been furnished a copy of Ordinance No. 10062, the 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 and 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 provided CONSULTANT was given written notice of such default and the opportunity to cure the same, but failed to do so. XX. ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said services and correctly set for the rights, duties, and obligations of each 90 -10- b 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. 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 thereunto duly authorized, this day and year first above written. ATTEST: MATTY HIRAI City Clerk CORPORATE SECRETARY APPROVED AS TO INSURANCE REQUIREMENTS: Insurance Manager CITY OF MIAMI, a Municipal Corporation of the State of Florida: M CESAR H. ODIO City Manager CONSULTANT: JULIO OTAZO MCO Environmental, Inc. APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III City Attorney 91--- 7cr -11-