HomeMy WebLinkAboutR-90-0229J-90-220
3/8/90 !�0-00c"429
RESOLUTION NO.
A RESOLUTION, WITH ATTACHM%NT, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY' THE
ATTACHED FORM, BY AND BETWEEN GLADYS KIDD AND
ASSOCIATES AND THE CITY OF MIAMI, IN AN
AMOUNT NOT TO EXCEED $28,000, FOR THE
PRODUCTION OF THREE (3) THIRTY SECOND PUBLIC
SERVICE ANNOUNCEMENTS AND ONE (1) FIVE TO
EIGHT MINUTE VIDEO IN ORDER TO ASSIST THE
CITY OF MIAMI'S DEPARTMENT OF SOLID WASTE IN
THE EDUCATIONAL COMPONENT OF THE CURBSIDE
RESIDENTIAL MULTI -MATERIAL PILOT RECYCLING
PROGRAM, IN ACCORDANCE WITH THE STATE OF
FLORIDA SOLID WASTE MANAGEMENT GRANT RULE 17-
716 AND SECTION 403.7095 OF THE FLORIDA
STATUTES; ALLOCATING FUNDS THEREFOR FROM THE
SOLID WASTE REDUCTION; RECYCLING AND
EDUCATION SPECIAL GRANT FUND, PROJECT NO.
197001, ACCOUNT NO. 320304-690.
WHEREAS, the State of Florida has enacted the 1988 Solid
Waste Management Act requiring counties and cities statewide t<l
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) of the Florida Statutes; and
WHEREAS, the State Solid Waste Management Grant Program
provides funding of local recycling and educational projects; and
WHEREAS, funds for this agreement are available from the
Solid Waste Reduction; Recycling and Education Grant Fund Project
No. 197001, Account No. 320304-690; and
WHEREAS, the consultant's expertise in the field of
videotography will assist the City of Miami Department of Solid
Waste in its effort to educate the citizenry of Miami of the need
to implement and actively participate in the residential curbsid(
recycling program; and
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CITY COTVII-AISSION
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WHEREAS, fiinding to cover said prof essIona 1. se.rN7iceF,
agreement in the amount of $28,000 .is available from a FY '88-89
grant award, with the deadline expenditure of March 31, 1990,
from the Florida Department of Environmental Regulation in
accordance with the State of Florida Waste Management Grant
Rule 17-716.310;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in th(,
Preamble to this Resolution are hereby adopted by referencf,
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized t(,
enter into a professional services agreementl/, in substantially
the attached form, by and between Gladys Kidd and Associates and
the City of Miami, in an amount not to exceed $28,000, for the
production of three (3) thirty second public servicc-
announcements and one (1) five to eight minute video in order to
assist the City of Miami's Department of Solid Waste in tho
educational component of the curbside residential multi -material
pilot recycling program, in accordance with the State of Florida
Solid Waste Management Grant Rule 17-716 and Section 403.7095 of
the Florida Statutes, with funds therefor hereby allocated from
the Solid Waste Reduction; Recycling and Education Special Grant
Fund, Project No. 197001, Account No. 320304-690.
Section 3. This Resolution shall become effectiv(
immediately upon its adoption.
1� The herein authorization is further subject to compliance
with all recuirements that may be imposed by the Cite
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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PASSED AND ADOPTED this 22nd day of March _,1990.
XAVIER L. SUAREZ, M YOR
ATTEST:
MA'TTY HIRAI, CITY CLERK
BUDGET REVIEW AND APPROVAL:
M OH4!I2R
SURANA,
GEECTOR
.APPROVED AS TO FORM AND CORRECTNESS:
-zA- - �D ' , -JO G L. F NANDEZ, CITY ATTORNEY�rt
PREPARED AND APPROVED BY:
AL ERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
MP:bss:Ml404
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90-0229
PROFESSIONAL SERVICES AGREEMEWf
This .Agreement entered into this day of
19 , by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
Gladys Kidd and Associates, hereinafter referred to as
"CONSULTAN'T . "
nni+TmMr _
WHEREAS, the State of Florida has enacted the 1.988 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 State Solid Waste Management Grant Program
provides for funding of local recycling and educational projects;
and
WHEREAS, funds for this Professional Services Agreement are
available from the Solid Waste Reduction; Recycling and Education
Grant Fund Project No. 197001 Account #320304-690; and
WHEREAS, the CONSULTANT'S expertise in the field of
videotaaraphy will assist the CITY in the educational component
of a two phase residential curbside, multi -material pilot
recycling program, by produding three (3) 30 second PSA's and one
(1) 5-8 minute video depicting the parameters outlined in the
accompanying grant funding request submitted to the Florida
Department of Environmental Regulation as part of a joint grant
application a copy of which is incorporated herein by reference;
and
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WHEREAS, authorization to proceed with the scope of services
required pursuant to Paragraph II hereof shall be authorized from
funds allocated from the State Solid Waste Ma�a2ement Grant Funds
der Florida Department of Environmental Re2ul.ation grants rule
17-716.310;
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:
TERM:
A. The term of this Agreement shall be from March 26, 1990
through April 30, 1990.
B. The term of this Agreement is based on funds allocated from
a grant award received from the State of Florida Solid Waste
Management Grant Funding per grant rule 17-716.30.
II.
SCOPE OF SERVICES:
CONSULTANT shall
(1) Confer with the Director of the Department of Solid
Waste and such other CITY personnel as the
Director may designate at the times and places
required by the Director for the purpose of
producing three (3) 30 second PSA's and one (1) 5-
8 minute videotape for the City of Miami's pilot
recycling program in order to achieve maximum
economy of scale, the PSA's and vidoetape program
will be conceived, written, produced and post -
produced simultaneously; and
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(2) Review the existing conditions of the designated
pilot program area with respect to existing
recycling activity and solid waste management
services currently being provided to the pilot
area; and
(3) Inform residents of the City of Miami about the
new state -mandated procedures for separating solid
wastes for recycling; and
(4) Educate residents about how to meet their new
recycling responsibilities in the simplest, and
most convenient way; and
(5) Convey a clear and forceful message that recycling
is essential to the health, welfare and quality of
life of all residents of the community; and
(6) Convey a positive attitude toward recycling among
residents of the Miami Community, in order to
assure their full support for and sustained
cooperation in the recycling program; and
(7) Consultant shall provide all scripting, production
and post -production of a fully completed,
broadcast quality videotape masters of the three
(3) PSA's and the videotape and visual effects,
music, sound effects and voice-over narration
specified in the approved script for each
production; and
(8) Consultant shall provide to the City of
Miami's Department of Solid Waste broadcast dubs
of PSA's and distribution copies of the videotape
program, in whatever format and quantity the
Director desires.
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90-0229
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COMPENSATION:
A. Funds will be allocated from a grant award
received from the Solid Waste Management
Grant Funding, CITY shall pay CONSULTANT, as
maximum compensation for the service
requested pursuant to Paragraph II hereof
$28,000.
B. Such compensation shall be paid on the
following basis:
Two (2) separate payments amounting to
$28,000 to be paid on March 26, 1990
consisting of $14,000. at the execution of
the contract and a $14,000. payment at the
completion of the project when invoice will
be submitted according to the terms of the
contract under the education and promotional
services guidelines of the State of Florida
Waste Management grant funding per grant rule
17-716.310.
C. CITY shall have the right to render this
Agreement null and void and no payment shall
be r.ade upon notice of denial of grant fund-
ing.
D. CITY shall have the right to review and audi`
the time records and related records of
CONSULTANT pertaining to any payments by the
CITY.
9029
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, which is earlier.
CITY OF MIAMI CONSULTANT
DEPT. OF SOLID WASTE
1290 NW 20 STREET
MIAMI, FLA. 33142
GLADYS KIDD & ASSOC.
2121 N SAYSSORE DR.
SUITE 1105
MIAMI, FLA. 33237
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 or 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.
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90229
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 either event, the remaining
terms and provisions of this Agreement shall
remain unmodified an in full .force and
effect.
VI.
OWNfERSHIP OF VIDEOTAGRAPHY:
All videotagraphy 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
videotagraphy 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, writing,
maps, contract documents, reports or any
other matter, whatsoever which is given by CITY
and 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 the CITY.
V1I.
NONDRLEGABILITY:
That the obligations undertaken by CONSULTANT
pursuant to the 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.
1WM
a
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.
INDF.Ir NIFICATION:
CONSULTANT shall indemnify and save CITY
harmless from and against any and all claims,
liabilities, losses, and caused 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 all cost, attorneys' fees, expenses
and liabilities incurred in the defense of
any such claims, or in the investigation
thereof.
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X111
CONFLICT OF INTEREST:
A. CONSULTANT convenants 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 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.
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 Workers' Compensation
benefits as an employee of the CITY.
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90-0229
X Y .
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.
Furthermore that no otherwise qualified
individual shall, solely by reason of his/her
race, sex, color, creed, national origin, or
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handicap, be excluded from the participation
in, he 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., 1-0538, the
Minority Procurement Ordinance of the City of
Miami, and agrees to comply with all
applicable substantive and procedural
provision therein, including any amendments
thereto.
XVIII.
CONTINGENCY CLAUSE:
Funding for this Agreement is continctent on
the availability of funds and continued
authorization for program activities and is
Bubj ect to amendment or termination due to
lack of funds, or authorization, reduction of
funds, and/or change in regulations.
XIX.
DEFAULT CLAUSE:
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,
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90-0229
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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 hand 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.
XXI.
APCKNDMENTS:
No amendments to this Agreement shall be
binding on either party unless in writing and
signed by both parties.
90-0229
IN WITNESS WHEREOF, the parties hereto have
caused this instrument to be executed by the
respective officials thereunto duly
authorized, this the day and year first above
written.
ATTEST:
MATTY HIRAI
City Clerk
ATTEST:
Corporation Secretary
WITNESSES:
As To Consultants
(NOTE: If Consultant is
not a Corporation
a witness must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
SEGUNDO R. PEREZ
Insurance Coordinator
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CITY OF MIAMI, municipal
Corporation of the State of
Florida
By:
CESAR H. ODIO
City Manager
CONSULTANT
Title
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
JORGE L. FERNANDEZ
City Attorney
90229
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members
of the Citv Commission
DATE ' A ;� i 1090 FILE
SUBJECT RESOLUTION FOR
PROFESSIONPiL
SERVICE AGREEMENT:
RECYCLING PILOT
FROM Cesar H • Od10 REFERENCES PROGRAM =_
City Manager ITEM FOR MARCH
ENCLOSURES 2 2 COMMISSION
MF'�•TTNC' -
RECOMMENDATION:
It is respectfully recommended that the City Commission
approve the attached resolution authorizing the City Manager
to enter into a professional service agreement in the amount
of $28,000., a copy of which is incorporated herein, with
Gladys Kidd and Associates in order to assist. the Department
of Solid Waste in the educational component of its curbside
residential recycling program by producing three (3) 30
second PSA's and one (1) 5-8 minute video for the same. Said
authorization of funds will be allocated from grant funding =-
received for FY 1988-89 grant year from the State of Florida
Solid Waste Management Act Funding per Florida Department of =_
Environmental Regulation Grant Rule 17-716.310. The
expenditure deadline for said grant is March 31, 1990•
Additionally, the Office of Minority/Women Business Affairs
were a part of the selection committee that selected this
video production firm.
BACKGROUND:
The 1988 State of Florida Solid Waste Management Act requires
counties and municipalities to develop and implement
Recycling Programs in order to accomplish the statewide goal
of a. 30% waste reduction by July 1, 1994. Funding for
recycling and educational project has been established in the
Solid waste Management Grant Program. The City of Miami's
grant award for grant year ending March 31, 1990 amounts to
$516,050. The City is entitled to approximately $600,000
annually through July 1, 1994. Subsequent grant year funding
renewals shall be dependent on the City's compliance with the
commitments and funding justifications incorporated into the
previous year grant application.
90-0229
03 -1
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Honorable Mayor and Member
of the City Commission
Page Two
Th De artment of Solid Waste contacted five
e p
firms each of which was asked to respond to
of service and to submit proposal for
(5) consulting
a general scope
the same. The
department received three (3) proposals in the affirmative
and interviewed representatives of Southeast Productions,
Gladys Kidd and Associates and LeJeune Advertising
respectively. Gladys Kidd and Associates was selected.
The consultant's expertise in the field of videotagraphy will
provide assistance to the educational component of informing
the citizenry of Miami of. the need for a recycling program
and to encourage their active participation in this effort.
This endeavor will demonstrate the City of Miami's specific
compliance with the State Solid Waste Management Program,
Section 403.70954(b) Florida Statute. Funds for this award
will be allocated from 1988-89 grant award received from the
Department of Environmental Regulation per grant rule 17-
716. 31.0.
It is imperative that the City proceed with the execution of
this -contract in order to effectuate the timely investment of
state recycling grant funds within the specified expenditure
deadline of March 31, 1990 and to demonstrate the Ci.ty's good
faith effort in complying with the recycling statutory
mandates.
Source of Funds: Project No. 197001:Solid Waste
Reduction: Recycling and Education
Grant (FY 89) Account Code 320304-690