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HomeMy WebLinkAboutR-90-065790— 657 RESOLUTION NO. A PLESOLUTION, WITH ATTACHMENT# AUTHORISING THE CITY MANAGER. TO ENTER INTO A PROFESSIONAL 4�- lSERVICES ACRE LENT, IN SUBSTANTIALLY THE �— ATTACHED FORM, BY AND BETWEEN R. W. BECK AND ASSOCIATES AND THE CITY OF MIAMI, IN AN r AMOUNT NOT TO EXCEED $48,400 IN ORDER TO ASSIST THE CITY OF MIAMIIS DEPARTMENT OF �— 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. _— 320305-340. 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 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 ; t_ 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 t the environment and creates significant disposal cost savings for Ea; the City; and r w t.� ii ATTAftAHMENTS' I CONTAINED SEP .' lip o s 't 5 4 9 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 y if remitted, City owned and operated, YAH watts rea Velih� facilit � .� l 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. �x ti 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 r 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. sV Section 3. This Resolution shall become effective r immediately upon its adoption.• , K „err {6 �p 8 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 *` applicable City Charter and Code provisions. Y 3 r a- TY ATTOY ti+ t �Nk f :jdq f}� S r F ' P 94 C� ". '. .: .. •:t _rep, M _ { t} 1X !.y d" ROMAJONAL SKV ICES AGtEElg-N' This Agreet�ent entered into this _ day. of 19 , by and-: between, the City Of Miemi� Y munioipal, corporation of the State of Florida) hereinaft#p r' referred to ss "CITY", and R._W. _ BECK AND ASSt3C A , a... . hereinafter referred to as "CONSULTANT." ; -' RECITAL.: 3 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 r R R .. - RS, that the recycling of yard waste contributes to the eft_ .fin t help the .environment and creates significant disposal co _` a Savings for the City; andc.>;xr 4 WHEREAS, the CONSULTANT'S expertise will assist the CITY 'in .` its effort to implement a State permitted, CITY owned a: � ' — 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 r{ WHEREAS, funds for this agreement are available from thn fi N ;i 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 f' 5 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; a 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 n (2) Develop a conceptual design of the proposed faoility, d:. aggf-ah1iah' mays P.-%"Mnnnn nnl�+er�#fl m4ssr.�i.ias�+1 ; W'rF ?a+Y L y +1fiRpJY^iH'i I `r t ' 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 _ formation, turning, .screening -. etc. , biologicals conteoX L� procedures, compost testing .FDER reporting requirements and. equipment' maintenance ape'cffiaati+ons; and; (6) Remain available to confer with -. CITY, staff ,Fin * construction monitoring and performance equipment and :actual facility operating processes', z - - M CO PENSATION y n 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 r '4y•: eervioes required pursuant to Paragraph I e�+ 3oF k _ $48 400*y' p p {zar t4? jt a' 3 •�+F _ F 1, s r t - t ?t�,,�i fix.. �' Fes, A � � r � `Gml,7�FA�S ` � � y y •; s li Y k H. 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 a at the completion of the project eheh invoides wi1:'b6 s� sobtbitted adebrding to the term of the contract and pursuant to Paragraph II hereof. 3 C. CITY shall have the right to render this Agr oment null and ` void and no payment_ shall be made Upop no Ide` of r 4. 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 f from time to time. Such notice shall' be deemed" given .x oa' the' day on which personally served; or, if 'by` t�sil, r,Yr, 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 <,... i M � grtw i' £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. } ;a D. No waiver or breach of any provision of this Agreement t shall constitute a waiver of any subsequent breach .of Y the same .or any other provision hereof, and no waiver ,Y 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 J;} either event, the remaining terms. and_provisions .of — this., Agreement ..shall, remain,unmodified an in full force and effect. v T , ;r • i . Y S OWNERSHIP OF DOCUMENTS: • _ ; 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_. �v R ht `f - - - � � ... :" st } x;-y��T` {��} ' t" ? a rv3 �'4 r•� -- ..4 F F # 4 2 — 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 � fi , CITY and shall not be used by CONSULTANT for any othib C1 tkJ purposes whatsoever without the written consent of the s CITY • «K NONDEL'EGABILITY R _ n � That the obligations undertaken by CONSULTANT pursuant °h to this Agreement shall not be delegated or assigned to 4 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. y. VIII. ♦ .. _. ': ice, AUDIT RIGHTS CITY reserves the right to audit the records of ;v 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. 2 - F TY iA hk AWARD 'OIL, AGREEMENT: CONSULTANT warrants that it has not employed or" � x 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, cif I gift of any kind contingent upon or resulting frog+ s _ award of this AGREEMENT. w , .. e OF T f TO� h f n, ic- v, K. q,g�.t4 ME S 4 s .. NSTNii 91 .A N' ..�. 4; This Agreement .: shall be construed and et�i`"cst'eed f a000rding-.to the.lawns of the State of Florida. z _ 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 `; who presently . exercises any ,.. :;funotians Qr responsibilities in- connection, with :,this -Agreement °sae 7 � any: personal #'inanciai. interests, .,direct or, jind reaV; o 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 t7 Max ^s x 9 c ._..�4i-- 4ft7 f,1--:, Fr'Svk kfia y6i'cii u, .. ThIs AgPeftilnt sha1.1 be construed and an,farood, as so tbrc�l g to the . i aws or the State of Florida. ; y : y 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 r r ".,att�? ' i-eya fees.. expenses and :liabilities incurred in Vhe_�4�fer,�� a� t of any such claims,. or� in the Invest igatIon:,,tbepeor'i TTT X'I 11. Kj 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 r r confi.iating:, interest shall be amployedj. Any-,u f 7 rater sts tin :ths , paL"t of` -CONSULTANT or its employee►: must be disclosed in writing to CITY,j== r S. CONSULTANT is aware of the conflict or interget 4,111 the City of Miami (City or Miaei , Code 4A,* y } t 4 � rC s P f b T F ` 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 r CONSULTANT and its employees and agents shall_ be deelh id s ;. to be independent contractors, and not agents or {; employeea. of CITY, and shall not attain any rights or. h benefits under the Civil Service or Pension Ordinances k 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. -... .. { Y9 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 Y,' r CONSULTANT that any payment made: in accordance with - ? '43ey`a,S• this Section to CONSULTANT shall be made if said .onlyn 3 CONSULTANT is not in default under the terms of this a Agreement. If CONSULTANT is in default, there CITY shall in no way be obligated and shall not pay. to 1 CONSULTANT any sum whatsoever. T. - ;2 y r .R I y uuii J �t - z'•t � " h ,y - 4h t: 1 i' CONSULTANT agrees that it shall not discriminate as z�c race., sex, color, greed, national origin, or hand1dik b in connection with its performance under this Agreement. ;. Furthermore that no otherwise qualified individual t 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 T.4 activity receiving federal financial assistance. XVII. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that it has been furnished a =+ 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,.:. �q4 J3 XVIII. CONTINGENCY CLAUSE: �.:zt se9 s31 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. i, 1EY {�v XIX. ; ,b X'Lfl 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 . FRS . r +„n t r It s IN WITNESS WHER90 f eaueed this ifiatrumeht t offidials thereunto dui year first above written -.L u .. ` ATTEST: TTY H R I . x { Z kt�Y't rs "� 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 �t CES AR H. ODIO two 4•4# UA'%ft00ew r ' r i 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 - FMM : Cesar H. Odio REFERENCES Recycling Implementation - = City Manager (Com. Meeting of 9/7190) ENCLOSURES: s s ' 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.$48,4000 a -copy of which. is incorporated herein, with,.R.W. Beck and Associates; -in { order --io assist the Department of. Solid Waste in its .ef;fort" to develop and:. implement a State permitted, City owned and operated high, volume yard waste recycling,, facility ,to be :.located on,,..an.. 11 rT acre- site .on..the northwestern fringe. of Virginia Key diredt1 Y adjacent to the Dade County wastewater treatment facility- The proposed yard waste recyolin facilit will;have the ca acit# g y' p: 3! t o process 60,000 to .70,000 tons of yard trash collected annually by. the Department of Solid Waste converting the yard debris into useful end products such as compost, mulch and soil conditioner that.--oan be used by agricultural concerns. Through yard, waste oomposting, the City can contribute effectively to the State: of.` Florida waste reduction goal pursuant to Section 403.7004) Florida Statute, save expensive landfill disposal casts and;' t . produce a useful end product. The Consultant's expertise in the. specialized area of yard waste composting will provide technical. r�1 assistance in developing the City operated facility and in.; { securing State permitting for the production of compost in accordance with Rule 17-709, Florida Administrative Code, It is ,H imperative that the City proceed with this agreement in order .tca., a' ensure the timely investment of awarded FY- 0 9 grant funds by ' h+e r ; State expenditure deadline of September 30, 1990., ' nR i f Additionally, the Office of Minority/Women Business Affairs. contacted and they concur with our recommendation for the Tt'} Baeksround. h e ■eue I��niw wi e i 2 1iT r - _ t Mm i'. SSSS F' y i S " az z f f _ s t t Honorable 'Mayor and Members of the City Commission ; Page Two _ 4 agricultural and other acceptable uses." It is estimated that approximately ' 25$ 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 — 4 r: 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 g"sL, } 4 rLL ' t t 4 • f t ..c+ _ a rF. `�£v� r •i`s `. T �'Y3py. Mir _ or UAW R t 4�41i iEI rye.�iw,. '•*•'b' .pd✓i tt'•S' _ EEff�` }i z