HomeMy WebLinkAboutR-90-065790— 657
RESOLUTION NO.
A PLESOLUTION, WITH ATTACHMENT# AUTHORISING
THE CITY MANAGER. TO ENTER INTO A PROFESSIONAL
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lSERVICES ACRE LENT, IN SUBSTANTIALLY THE
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ATTACHED FORM, BY AND BETWEEN R. W. BECK AND
ASSOCIATES AND THE CITY OF MIAMI, IN AN
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AMOUNT NOT TO EXCEED $48,400 IN ORDER TO
ASSIST THE CITY OF MIAMIIS DEPARTMENT OF
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SOLID WASTE IN THE DEVELOPMENT AND
IMPLEMENTATION OF A STATE PERMITTED CITY
s
OWNED AND OPERATED YARD WASTE RECYCLING
FACILITY IN ACCORDANCE WITH RULE 17-709,
FLORIDA ADMINISTRATIVE CODE, AND SECTION
403.706 (2)(C) OF THE STATE OF FLORIDA SOLID
WASTE MANAGEMENT ACT; ALLOCATING FUNDS
THEREFOR FROM THE FY190 SOLID WASTE
REDUCTION: RECYCLING AND EDUCATION SPECIAL
GRANT FUND, PROJECT NO. 197002, ACCOUNT NO.
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320305-340.
WHEREAS, the State of Florida has enacted the 1988 Solid
Waste Management Act requiring counties and cities statewide to
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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
403.706(4) Florida Statute; and
WHEREAS, the City Commission 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
;
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WHEREAS, the State of Florida Solid Waste Management Act
encourages local governments "to recycle yard waste into compost
(or other useful end products available for agrIculturaland other
acceptable uses" in accordance with Section 403.706 _ (2)(c),a.
Florida Statutes; and
WHEREAS, it has been established by authoritative sources
that the recycling of yard waste contributes to the effort to help
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the environment and creates significant disposal cost savings for
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the City; and
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ATTAftAHMENTS'
I CONTAINED
SEP .'
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i f 4S, ..its "cot sultants � expdrtisd
will assist the + i r of
Mi6ft Department of Sold Waste in its effort to implement a state
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remitted, City owned and operated, YAH
watts rea Velih� facilit
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for the production of compost pursuant to
Section 403.707, Floridan
statute, and in accordance with
Rule 17-709, Florida,
Administrative Code; and
mms funds for this agreement
are available from the
Solid-O'ita3 Redaction: Recycling and Education Grant Fund FY 190
:
PrbjeCt- No. 197002, ACCount No. 320305-340;
,`.NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
F
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.
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Section 2. The City Manager is hereby authorized to enter
into a professional services agreements , in substantially the
attached form, by and between R.W. Beck and Associates and the
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City of Miami, in an amount not to exceed $48,400, in order to
provide technical assistance to the Department of Solid Waste ina
the development and implementation of State
pm p permitted, City owned
and operated
p yard waste recycling facility, in accordance Rule
�.
17-709, Florida Administrative Code, and pursuant to Section;:
403.706 (2)(c), Florida Statutes, with funds therefor hereby
allocated from the Solid Waste Reduction: Recycling and Education
Special Grant Fund, Project No. 197002, Account No. 320305--340.
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Section 3. This Resolution shall become effective
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immediately upon its adoption.•
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1 The herein authorization is further subject to compliance -
by all requirements that may be imposed by the ��ty
Attorney, including but not limited to thou prescribed
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applicable City Charter and Code provisions.
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ROMAJONAL SKV ICES AGtEElg-N'
This Agreet�ent entered into this _ day. of
19 , by and-: between, the City Of Miemi�
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munioipal, corporation of the State of Florida) hereinaft#p
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referred to ss "CITY", and R._W. _ BECK AND ASSt3C A
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hereinafter referred to as "CONSULTANT."
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RECITAL.:
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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 waste reduction by July 1, 1994 in accordance with
section 403..706(4) Florida Statute; and
WHEREAS, the City Commission 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 governments "to recycle yard waste into compost
(or other useful end products) available for agricultural and
other acceptable uses" in accordance with Section 403.7O6(2)(0),
Florida Statutes; and ..
WHEREAS,, it has been established by auth+aritative,�urces
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that the recycling of yard waste contributes to the eft_ .fin
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help the .environment and creates significant disposal co
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Savings for the City; andc.>;xr
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WHEREAS, the CONSULTANT'S expertise will assist the CITY 'in
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its effort to implement a State permitted, CITY owned a: �
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operated yard waste recycling faoility for the produetio ►' ��► r. `z;
waste compost pursuant too Seotoxon 403.7A7, P'1Qr4Lda .Stfft41 IRA
in aaacordance with AU14 17-749,. Florida �da►ini.atrative:: rd��,f
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WHEREAS, funds for this agreement are available from thn
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Solid Waste Reductions Hdeycling and Education Grant Pund (EY'9 � k
Project Noy 1970029 Account No. 320305-.340; and
WHEREAS, authorization to proceed with the seope "ef
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4' services required pursuant to Paragraph II hereof shall..,fe
authorized from funds allocated from the State Solid Waste
Management Grant Fund,per Florida Department of Environmental
Regulation grants rule 17.716.310;
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NOW, T99REfORE, 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.
TERM:
A. The `term` of this Agreement shall be from September 10, 1990�
through October 31, 1990. fF
B. The term 'of this Agreement is based, on funds allocated.from
a FY 90 grant award received from the State of Florida Solid
Waste Management Grant Fund per grants rule 17-716'.310.
SCOPE OF SERVICES:
CONSULTANT shall
(1) Confer with the Director of the Department of''SoIid'
Waste and such other CITY personnel as the Director may
designate at the times and places required by ttie * Y
Director on all project planningrelated tSt:.
development and implementation of the yard was,t
recycling facility; and
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(2) Develop a conceptual design of the proposed faoility, d:.
aggf-ah1iah' mays P.-%"Mnnnn nnl�+er�#fl m4ssr.�i.ias�+1 ;
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and the projeat implementation action plan•, the
conceptual design 'shall include process flow diagrams
loading >criteria, :equipment:. -.>requirements, geoto-ohnioal
investigation and,. surveying, environmental regulation,
site.- • •layout specifications for receiving area,
administrative facilities and amenities, process and
storage areas and environmental controls > ; and . dont
estimate for facility operation and maintenance; -and
O Prepare -minimum operational criteria for the facility
and establish methods for tracking yard waste received
and product shipped, schedules for' operation' gnd
maintenaneet turning and process control procedures,
monitoring requirements and labor needs; and
(4) Provide detailed technical assistance to CITY staff in
preparing the' required permit application that will be
submitted to the Florida Department of Environmental
_
Regulation (FDER) in- accordance with Rule.�17r-7090
Florida'Administrative Code,; and
(5) Prepare and deliver to the CITY a final operating manual
for the yard waste recycling facility which shall,
reflect the !actual design and facility layout including
material handling procedures for grindin g' � windrow
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formation, turning, .screening -. etc. , biologicals conteoX
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procedures, compost testing .FDER reporting requirements
and. equipment' maintenance ape'cffiaati+ons; and;
(6) Remain available to confer with -. CITY, staff ,Fin
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construction monitoring and performance
equipment and :actual facility operating processes',
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CO PENSATION
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A. Funds will, be allocated from a grant: aWar4 reoeiv.�d
from . the, FY '90 Solid waste Management Grant Fundy 01 Y��
shall pay CONSULTANT as maximum compensation for
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eervioes required pursuant to Paragraph I e�+ 3oF
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$48 400*y'
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{zar t4? jt a' 3 •�+F _ F 1, s r t - t ?t�,,�i fix.. �'
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Such Compenaatiob shall be paid on the following'b&aie:
Two (2) equ al 'installments of` 4 �Od,. to be paid on
$ ,
September 100 1190 at the execution of the adfitmat and
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at the completion of the project eheh invoides wi1:'b6
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sobtbitted adebrding to the term of the contract and
pursuant to Paragraph II hereof.
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C.
CITY shall have the right to render this Agr oment null
and ` void and no payment_ shall be made Upop no Ide` of
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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.
IV.
COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,'
12,
ordinances and codes' of federal, state and local
governments.
V.
GENERAL' CONDITIONSe
A. Ail notices or other communications which shall or may
be given pursuant to this Agreement shall be In Writing
-`and shall be delivered b y personal service or by
registered mail addressed to the other —party` '`at
address Indicated herein
or as the same mayY be'ichang d
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from time to time. Such
notice shall' be deemed" given
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oa' the' day on which personally served; or, if 'by` t�sil,
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on the fifth day after
being posted or the date off`,;
actual receipt, whichever
is earlier.
CITY`OF MIAMI
CONSULTANT
Solid Waste, Department
R.W. Beck' soaftitea
12,90 N.W. 20th Street
Olympia R1400...
Miami, Florida 33142
Suit4'300
800 N. m4gnoll.& Av$,#ae : Y
Orlando lorida 3981 <,...
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£j 9. Title find : paragraph headings are for convenient
referenoo and Are not a part of this Agreement.
C. IN the went of conflict between the terms of this
Agreement and any terms or conditions contained in arty
attached documents, the terms in this .Agreement .shah.
rule. }
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D. No waiver or breach of any provision of this Agreement
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shall constitute a waiver of any subsequent breach .of Y
the same .or any other provision hereof, and no waiver
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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
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either event, the remaining terms. and_provisions .of
— this., Agreement ..shall, remain,unmodified an in full force
and effect.
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OWNERSHIP OF DOCUMENTS:
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All documents developed by CONSULTANT under thisy�,
reewe:nt shall be delivered to CITY by said CONSULTANT
upon, completion of the services required pur•suaot to
paragraph II, hereof and shall become the property .•Q�" ;�
CITY, without restriction or limitatioQ on .:its usp.
CQNSULTTANT agrees that all documents maintained e44
generated , purauant to this contractual relationsht�,:
between CITY and CONSULTANT shall be subject to all` ;
provisions of the Public Records Law, Chapter
Florida Statutes_.
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t is fiirtttep uhdorstood by and between the panties
.. that any InfOrM6tiOnt writings, maps, uontrsitt ix
�s doduttents, reporta or any Other matter whatsoever which
Is given by CITY and CONSULTANT pursuant to this �
' Agreement shall at all times remain the property of
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, CITY and shall not be used by CONSULTANT for any othib
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purposes whatsoever without the written consent of the
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CITY • «K
NONDEL'EGABILITY R _
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That the obligations undertaken by CONSULTANT pursuant °h
to this Agreement shall not be delegated or assigned to
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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.
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VIII.
♦ .. _. ': ice,
AUDIT RIGHTS
CITY reserves the right to audit the records of
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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.
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AWARD 'OIL, AGREEMENT:
CONSULTANT warrants that it has not employed or"
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retained any person employed by the CITY to 'solicit, ors
secure this Agreement and that it has' not -offered n.to
pay paid, or agreed to pay am person employed. 'by tea ,r
CITY any fee, commission perctentage, brokerage i'ae,
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gift of any kind contingent upon or resulting frog+
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award of this AGREEMENT.
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This Agreement .: shall be construed and et�i`"cst'eed
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a000rding-.to the.lawns of the State of Florida.
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Xt.
SUCCgSS itS- AND ASSIGNS,
This Agreement .shall be. binding upon, the panties „>
herein, their heirs, executors,. legal representatives
sucoessors,,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 :it's
behalf, and, form .and against all - cost, at,torAeyA. ='+
fees,:.expenses and liabilities incurred in' the .;de'ende
of,- any. such': claims, or: in; the invest igat lon.%ther+eotto
CONFLIM.OF .INTERESTS
A, CONSULTANT: covenants;that .no person under .it$.impi,Qy F
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who presently . exercises any ,.. :;funotians Qr
responsibilities in- connection, with :,this -Agreement °sae 7 �
any: personal #'inanciai. interests, .,direct or, jind reaV;
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with 'CITY. CONSULTANT further ..00venants that, ;.in ttbe z
performance of this ,,, ; Agreement, no :...person r,
¢oafl.ictLag interest s.h4ll be employ:ed#
interests- ova the,; part of CONSULTANT or its exploye # ,
must be disolosed in writing to CITY,
Sa CONSULTANT is aware or the oonfliot or interest laws Ati#
the City or Miami {City of Miae►i, Cote �teejo
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.. ThIs AgPeftilnt sha1.1 be construed and an,farood,
as
so tbrc�l g to the . i aws or the State of Florida. ;
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UCCL$S. RS,, AND . ASSIGNS ; t
This Agreement shall be binding upon: the, part rY<
herein, their heirs,.- executors, Legal.representativas,.,
successors, and assigns.
XII.
INDEMNIFICATION:
CONSULTANT shall indemnify and save CITY harmless from
and against any and all claims, liabilities, losses,
Nand: causes ., of action which may arise out of
CONSULTANT'-S activities under this Agreement,. ino_luding
all other acts or. omissions;, to- act <-on the part,. .,or
CONSULTANT, including any person acting ,for- or on ,Its t
behalf, and form and :; against, all ; cost
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fees.. expenses and :liabilities incurred in Vhe_�4�fer,��
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of any such claims,. or� in the Invest igatIon:,,tbepeor'i
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CONFLICT,. OF :�INTERESTv!., {;k
A. CONSULTANT covenants ;that :no person under -its -�i+�Mpoy
who presently, exercises any funat:ione`< t r k
responsibilities in,conneotlon with -_this, Ag-r-eement
arty personal f inano ial interest3, .direct or
with `CITY. CONSULTANT =further , oovenarsts :Ghat, ..ln tag ; '
Performance of ,this: Agreement, no per. son
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confi.iating:, interest shall be amployedj. Any-,u
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rater sts tin :ths , paL"t of` -CONSULTANT or its employee►:
must be disclosed in writing to CITY,j==
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S. CONSULTANT is aware of the conflict or interget 4,111
the City of Miami (City or Miaei , Code 4A,*
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Ariole V), ode douihty Florida (Made Cbttnty ado
Station 2-11,1) and the State of Florida# and AgrdOg
that: it, shall fully comply in all respeots 4i'th tho
terms of said laws.
fN�NhNT ,C.4t�TRACT(t s
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CONSULTANT and its employees and agents shall_ be deelh id
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to be independent contractors, and not agents or
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employeea. of CITY, and shall not attain any rights or.
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benefits under the Civil Service or Pension Ordinances
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of CITY, or any rights generally afforded classified
or unclassified employees; further he/she shall not be
deemed entitled to the Florida Workers 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.
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In no case, however, will CITY pay CONSULTANT:an amount
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in excess of the total sum provided by this Agreement:
It is. hereby understood by and, between CITY-, and
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CONSULTANT that any payment made: in accordance with
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this Section to CONSULTANT shall be made if said
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CONSULTANT is not in default under the terms of this
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Agreement. If CONSULTANT is in default, there CITY
shall in no way be obligated and shall not pay. to
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CONSULTANT any sum whatsoever.
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CONSULTANT agrees that it shall not discriminate as z�c
race., sex, color, greed, national origin,
or hand1dik
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in connection with its performance
under this
Agreement.
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Furthermore that no otherwise qualified
individual
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shall, solely by , reason of his/her race,
sex, ealoyri
creed, national origin, or handicap, be excluded from
'.
the participation in, be denied benefits
of, or be
subjected to discrimination under any
program ..or
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activity receiving federal financial assistance.
XVII.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT
acknowledges that it
has been furnished a
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copy of Ordinance
No,. 10538, the
Minority Procurement
Ordinance
of the City of Miami,
and agrees to comply
with all
applicable substantive
and procedural
provisions
therein, including any
amendments:theretp,.:.
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XVIII.
CONTINGENCY CLAUSE:
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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.
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XIX.
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DEFAULT PROVISION: 4�
In the event
that CONSULTANT
shall fail to
comply with <'
each and
every term
and condition of thin Agreement qtr
A,rvF
fails to
perform
any of the terms and
1',Bk
conditions k# '.
contained
herein,
then !CITY, at
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IN WITNESS WHER90
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eaueed this ifiatrumeht t
offidials thereunto dui
year first above written
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ATTEST:
TTY H R I .
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Fthe parties hereto hav4
o be executed by the reapaetiV6
Y authorized, this the day. and
CITY OF MIAM19 a tunioipel
Corporation of the State.of.
Florida
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorab a Mayor and Members of DATE ALI
the C Commission MG 2 81990
sua+Ect : Resolution for
Professional Service
Agreement: Yard Waste
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FMM : Cesar H. Odio REFERENCES Recycling Implementation
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City Manager (Com. Meeting of 9/7190)
ENCLOSURES:
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Reeouendation :(_
It is respectfully recommended that the City Commission adopt:: the
attaohed,.:resolution authorizing the City -Manager to ,enter into, -,:a
professional service.agreement in the amount of.$48,4000 a -copy of
which. is incorporated herein, with,.R.W. Beck and Associates; -in
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order --io assist the Department of. Solid Waste in its .ef;fort" to
develop and:. implement a State permitted, City owned and operated
high, volume yard waste recycling,, facility ,to be :.located on,,..an.. 11
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acre- site .on..the northwestern fringe. of Virginia Key diredt1
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adjacent to the Dade County wastewater treatment facility- The
proposed yard waste recyolin facilit will;have the ca acit#
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process 60,000 to .70,000 tons of yard trash collected annually by.
the Department of Solid Waste converting the yard debris into
useful end products such as compost, mulch and soil conditioner
that.--oan be used by agricultural concerns. Through yard, waste
oomposting, the City can contribute effectively to the State: of.`
Florida waste reduction goal pursuant to Section 403.7004)
Florida Statute, save expensive landfill disposal casts and;'
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produce a useful end product. The Consultant's expertise in the.
specialized area of yard waste composting will provide technical.
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assistance in developing the City operated facility and in.;
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securing State permitting for the production of compost in
accordance with Rule 17-709, Florida Administrative Code, It is
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imperative that the City proceed with this agreement in order .tca., a'
ensure the timely investment of awarded FY- 0 9 grant funds by ' h+e
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State expenditure deadline of September 30, 1990.,
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Additionally, the Office of Minority/Women Business Affairs.
contacted and they concur with our recommendation for the
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Honorable 'Mayor and Members of
the City Commission ;
Page Two
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agricultural and other acceptable uses." It is estimated that
approximately ' 25$ of the annual municipal waste stream is
comprised of yard waste. High volume yard waste reoyclin$ is.
estimated to produce annual disposal cost savings of $2.2 million: from the avoidance of County tipping. fees.
The Department of Solid, Waste contacted five (5) eonsulting,:firms
speoialiting in waste recycling each of which was asked to respond.
_to., a. general scope of service and to submit proposals., for, ;'the::
The department received one (1) proposal in the
s' at�l a . '-.
affirmative. R.W. Beck and Associates of Orlando, Florida,:.: is a
being recommended based on that firm's specialized expertise' in
the process of yard waste composting and experience - in � deve,lop ;ng-"�
State permitted yard waste recycling facilities. In order. to
implement the_ proposed. recycling facility for the production of —
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compost, it is respectfully recommended that the City Commission
x' adopt the .attached resolution authorizing,,the, City,.. Man or,
enter into a professional service agreement with R.W. Beck and' -
Associates,, for, a total amount not to ,exceed $48,400.
funds are ��available 'from` the FY-90 Solid Waste Reductions
Recycling, and Education. Special Revenue. Grant Fund,,: Project.• No,a.
l9?002, Account Ho. 320305-340. ,
Attachments J,
Proposed Resolution
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T �'Y3py. Mir _ or
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