HomeMy WebLinkAboutR-88-0505J-88-528
9/181,88
RESOLUTION NO. ;?�` ��'•
A RESOLUTION RESCINDING RESOLUTION NO, 88=292
AND AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY WITH ENVIROCARE, INC. TO
PROVIDE EMERGENCY ENVIRONMENTAL SERVICES TO
BE SUBMITTED AND APPROVED BY THE FLORIDA
STATE DEPARTMENT OF ENVIRONMENTAL REGULATION
IN CONNECTION WITH THE GROUNDWATER
CONTAMINATION PROBLEM DISCOVERED AT THE SOUTH
DISTRICT POLICE SUBSTATION SITE AT A TOTAL
COST NOT TO EXCEED $20,000 WITH SAID FUNDS TO
BE PROVIDED FROM FUNDS APPROPRIATED TO THE
SOUTH DISTRICT POLICE SUBSTATION CIP PROJECT
NO. 312.008 AND SAID PROJECT TO BE REIMBURSED
LATER IF AND WHEN FUNDS ARE RECEIVED FROM THE
STATE OF FLORIDA UNDER THE STATE UNDERGROUND
PETROLEUM ENVIRONMENTAL RESPONSE ACT OF 1986
(SUPER ACT).
WHEREAS, the City has authorized construction of a
police substation at Beacom Boulevard and Flagler Street; and
WHEREAS, during demolition of existing buildings and
appurtenances on the site,a groundwater contamination condition
was discovered; and
WHEREAS, State law directs that such contamination be
cleaned up by State certified and licensed environmental services
firms; and
WHEREAS, the State Department of Environmental
Regulation requires that the evaluation phase of cleanup include
a Quality Assurance Project Plan, a Contaminant Assessment Report
and a Remedial Action P1 an : and
WHEREAS, the City Commission adopted Resolution No. 88-
292 on April 14, 1988 which authorized the City Manager to enter
into an agreement with PIECO, Inc. for such services, based on an
existing Dade County contract; and
WHEREAS, subsequently additional qualified companies
have been found to offer the required services at lower prices;
and
CITY COMMISSION
MEETING OF
JUN 9 1988
)N No. 1�_�� •
KS,
WHEREAS, the estimated cost for the service on a time
slid material basis it estimated by one of these compani"es,
riv four flc: to be l ess than 1205000 and will take
approximately 8 weeks to accomplish; an
WHEREAS, funds to coven the cost are available from
funds already appropriated to the South District Roice Station
elp Project No, 312008; and
WHEREAS, the State of Florida Super Act provides a
possible reimbursement of such expense and if and when
reimbursement is received the South District Police ;Station
project will be reimbursed; and
WHEREAS, the bids for ,the substation construction were
received on March 29, 1988; and
WHEREAS, in accordance with the Contract Documents,
bids may be held for 120 days; and
WHEREAS, the extent of contamination is critical to the
awarding & construction schedules; and
WHEREAS, the Director of the Department of Public Works
and the City Manager recommen
d that the City enter into an
Agreement with EnviroCare,Anc a .woman -owned firm, to provide
the necessary environmental services in order to accommodate the
award date and construction scheduling of the South District
€' Police Substation;
Y.
NOW, THEREFORE, BE IT RESOLVED' BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Resolution No. 88-292, adopted on 'April 14,
1988, is hereby rescinded in its entirety. '
Section 2. The City Manager is hereby -authorized to
enter into an agreement in a form acceptable to the City Attorney
with EnviroCare,`Inc. to provide environmental services necessary
for; the elimination of groundwater, contamination at the site of
the South District Police Station at West Flagler Street and
Beacom Boulevard*
Section `3. Funds for the, cost of the services shall be
ro riated to the South District Police
provided from funds app p
Station<CIP Project No. 3120018 with reimbursement to said Project
when funds are received from the State of Florida under the terms
of the SUPER Act,
2
PAtttd and adopted trait 9thday Of ,TuneVIER
a
ATTEST:
PREPARED AND APPROVED BY:
�;Z. A-4vu<
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS TO FORM & CORRECTNESS:
f
CITY AT[UgNET
JOA40V
,
DIRECTOR
FINANCE DEPARTMENT
CAPITAL PROJECT
PL DEPARTMENT
v4d lam,
MANOHAR SURANA, IA.RECTOR
Department of Managpment and Budget
_ITY _r MIAMI. -! ORIDA
NTER-OFFICE MEMORANDUM
Honorable Mayor and Members �June 9, 1988
of the City Commission
17` I City Commission Meeting
June 9, 1988
_�' ,....s. Agenda Items #10, #13, #27,
Jor a L.-' Fer andez °`••DES #28, •55, #58, #59-#62,
City Attorn #70, #75 .#83 and
_ -- Non -Agenda Items
(6)
The following information and material should be considered by
you in your deliberation6 at today's Meeting:
Agenda Item #10 (J.-88-510) [Resolution accepting bids
for furnishing radiators and glass repairs] The bid
award for auto glass which is contained in this
Resolution. as distributed, incorrectly identifies the
lowest bidder for this service item. The cost per unit
when computed correctly establishes the Latin Auto
Glass, Inc. as the lowest bidder and we are forwarding
the corrected resolution to the City Clerk.
Agenda Item #13 (J-88-514) [Resolution accepting bid
for an electronic mail processing system] A bid
protest has been filed in connection with this item.
The Chief Procurement Officer's rejection of the
protest based on the lack of responsiveness on the part
of the protesting bidder has been approved by the City
Manager and City Attorney. Accordingly, we are
attaching a resolution which provides for your approval
of the rejection and this attached resolution should be
Agenda Item #27 (J-88-528) [Resolution authorizing
agreement in connection with groundwater contamination
problem at South District Police Substation] This
contract for the professional services in connection
with this item has been reviewed and approved. A copy
�is attached for your information and reference. No
, change whatever is required in the resolution which may
e adopted as distributed.
88-50"
Mayor and Me L rs of
the City Commission
June 9, 1968
Page 2
Agenda Item #28 (J-88-529) [Resolution setting special
use £ee for Federacion Deportiva Nicaraguense, Inc. at
Bobby Madura Miami Baseball Stadium] Although no
change has been made in the resolution in connection
with this item, the a nt as distributed hAa been
modified o incorporate a provision for assessment of
--ne—surcharge authorized by Ordinance No. 10439,
adopted May 19, 1988.
NOTE: At the time the Consent Agenda is voted upon, if these
Items (#10. #13 and #28) are not removed from the Consent Agenda
and considered separately, there should be an announcement made
by the Mayor that items #10, #13 and #28 are being voted upon 'as
modified'.
Agenda Item #55 (J-88-465) (Ordinance establishing a
Miami Waterfront Advisory Board) The Chairperson of
the existing Waterfront Board requested that this
proposed ordinance as distributed be modified to remove
the reference to appointment of a secretary.
Accordingly, we have removed this provision and have
added the following language in the ordinance draft
being forwarded to the City Clerk:
It shall be the duty of the City Manager to
provide administrative support to the Board
which shall include the services of an
individual to keep minutes of meetings,
maintain Board correspondence, post meeting
notices, file reports, and perform all other
necessary support functions. [Section 4(e),
Page 4]
No provision has been made for automatic removal or
forfeiture of membership based on absence or tardiness
by the new Board's members. The Commission's plenary
power of removal is expressed in the following language
which is contained in the ordinance, as distributed:
All members shall serve without compensation
for terms of office as indicated hereunder
and shall be subject to removal by the
Commission for any cause. [Section 2(b).
Page 2)
SS-50 5
o+-
Mayor and Members of
the City Commission
June 9, 1988
Page 3
Agenda Items *58 (J-88-498) [Resolution concerning the
Department of Off -Street Parking Five Year Strategic
and Financial Operations Plan] This item, as
distributed, reflected the Commission's adoPtion of the
Plan as well as approval. For accuracy, we have
deleted the word "adopting" from the Resolution.
Agenda Items #59-62 (J-88-548, J-88-549, J-88-550,
J-88-551) [Resolutions concerning the annual budgets
for the Department of Off -Street Parking and the
operation of the Gusman Center for the Performing Arts
and Olympia Building, World Trade Center Garage and
Downtown Government Center Garage] These items, as
distributed, reflected the Commission's adoption of the
budgets for these entities as well as approval of the
budgets. For accuracy we have deleted the word
"adopting" from the Resolutions.
Agenda Item #70 (J-88-493) [Resolution approving
escrow agreement with Swire Pacific Holdings, Inc.,
Vizcatran. Ltd. for elderly -handicapped housing] The
descriptive reference in the Resolution title to the
project as expressed has been added to the Resolution
body at the bottom of Page 1. No other change has been
made in the resolution as distributed and no change
whatever has been made in the Escrow Agreement.
Agenda Item #75 (J-88-568) [Resolution authorizing the
issuance of a Request for Proposal for Visions 20001
For clarity, we are attaching the draft of a Request
for proposals to be subsequently issued for the
procurement of professional consultant services in
connection with this item. No change has been made in
the Resolution.
Agenda Item #83 (J-88-874) [Resolution determining
marketing, management, promotion. eto., services for
the Miami Design District Special Improvement District]
We are attaching background material in connection with
this item which was omitted from the Agenda Packet. No
change whatever has been made in the Resolution, as
distributed.
8 8"SQ !>
Mayor and Members of
the City Commission
June 9 , i m
Page 4
Non -Agenda Item (J-88-580) [Resolution authorizing
City Attorney to take all necessary steps against any
person or firm responsible for design and construction
of Miamarina Project for purpose of recovering City's
expenses] This item was distributed last week under a
separate transmittal memorandum and we are attaching it
herewith for convenience.
Non -Agenda Item (J-88-583) [Resolution awarding
demolition bid contracts] Due to the timeliness and
impetus of the City's enforcement measures on the
subject of "crack houses", we are forwarding material
whioh you may desire to consider today rather than
await the next Commission Meeting. The material is
self-explanatory and reflects compliance with
applicable City Code procurement provisions and may be
adopted today.
LAD:RFC:bss:P583
cc: Cesar H. Odic, City Manager
Natty Hirai, City Clerk
Ron E. Williams, Director. General Services Administration
Sergio Rodriguez, Director, Department of Planning
Walter Golby, Director
Department of Parks, Recreation and Public Facilities
Edith Fuentes, Director, Building and Zoning Department
John Gilchrist, Director, Department of Development
Jack Mulvena, Executive Director
Department of Off -Street Parking
Martha D. Fornaris, Assistant City Attorney
Linda K. Kearson, Assistant City Attorney
G. Miriam Maer, Assistant City Attorney
Joel E. Maxwell, Assistant City Attorney
Rafael E. Suarez -Rivas, Assistant City Attorney
S S-50 5
FIN--50 .
.4
GifY bF MiAW FLOWbA
INTeR4.)FFICE• M9MORANDUM
to. Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odio
City Manager
RECOMMENDATION:
27
DATEE MN
u ' � - 88 FILE. B - 3 219
SUBJECt SOUTH DISTRICT POLICE SUB-
STATION Resolution Authorizing
City Manager to enter into
Agreement with EnviroCare
REFERENCES Inc., Environmental
Services CIP Project No.
ENCLOSURES; 312008
It is respectfully recommended that the City Commission
adopt the attached resolution rescinding Resolution No. 88-
292, and authorizing the City Manager to enter into an
Agreement with EnviroCare, Inc., a woman -owned firm, in a
form acceptable to the City Attorney to perform
environmental services required by State Law in conjunction
with the groundwater contamination at the South District
Police Substation at a cost not to exceed $20,000; said
funds to be provided from funds already allocated to the
South District Police Substation CIP Project No. 312008.
BACKGROUND:
The Department of Public Works has determined that there is
an emergency need to perform investigative environmental
services at the South District Police Substation Site.
During demolition of existing buildings and other
appurtenances on the South District Police Station site
gasoline contaminated groundwater was discovered by Metro
Department of Environmental Resources Management (DERM) at
the location of a demolished service station. This
contamination evidently occurred from a leak some time ago
in one or more of the gasoline tanks that were removed under
the demolition contract.
The Public Works Department was advised by DERM as to the
steps necessary by state law to clean up the contamination.
Basically there are two phases to the cleanup process, each
with separate steps. Phase I identifies the scope of
contamination and provides a plan of action to restore
groundwater quality. Phase II implements the plan of action
which is the actual physical cleanup operation. Each step
of each phase requires approval by the State DER before
proceeding to the next step. .
2 7-/
Phase I will take approximately 8 weeks or to while phase 11
could take one year or longer. In certain situations phase
It would have to be completed prior to any construction, but
probably not in this case. Still, phase I needs to be
accomplished as soon as possible in order to make that
determination.
Bids on the substation were received on March 29, 1988.
Awarding could be delayed as late as July 28, if necessary,
to await Phase I results confirming that cleanup could occur
during construction. After this date the project would have
to be rebid unless the successful bidder agrees to a later
award.
So that construction is not delayed, it is to the City's
advantage to hire an Environmental Services firm approved by
the State of Florida to conduct Phase I of the clean up
operation as soon as possible.
The Public Works Department originally contacted four firms
DERM recognizes and certifies as qualified to perform the
required services. Pieco Inc., Cherokee Structures, Inc.,
Service Station Aid Inc., and Groundwater Technology of
Hallandale. All are Non Minority Firms. Both Pieco &
Cherokee estimate the Phase I costs at $15,000 - $20,000 and
Phase II at $60,000+ depending on the time required.
Service Station Aid's costs and time frame were somewhat
higher. Groundwater Technology did not respond.
After passage of Resolution 88-292, authorizing an agreement
with PIECO, Inc. said firm submitted a written proposal
substantially exceeding their original quote. Two
additional firms were then contacted, and satisfactory
proposals for under $20,000 received from Enviropact
Services, Inc. and from EnviroCare, Inc. a woman -owned
firm.
There is a good chance that all the costs incurred for the
groundwater cleanup will be reimbursable to the City by the
State of Florida under the State Underground Petroleum
Response Act of 1986 (SUPER Act). The City is on record
with the State DER that we are proceeding with the cleanup
and have applied to be included in•the SUPER Act program.
Attachments:
Proposed Resolution
2
6
"s--505.
6/19/8E
RROEESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of _ ._16
198„---, by and between the City of Miami, a municipal corporation
of the State of Plorida, hereinafter referred to as "CITY", and
EnviroCare, Inc. a Florida for profit corporation, hereinafter
referred to as "CONSULTANT".
In consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions
hereinafter stated, the parties hereto understand and agrees as
follows:
1. TERM
The term of this Agreement shall be from
Consultant agrees to begin providing services pursuant
through A)M .to this Agreement promptly upon receipt of an executed
copy thereof. Consultant believes, subject to the requisite and timely approval of the
State and County as provided below. that its services shall be completed within four (4)
months after commencementII. SCOPE OF SERVICES
The CONSULTANT shall under the direct supervision of the
Department of Public Works, provide scientific testing and
consulting services related to the contaminated ground water
condition at the South District Police Substation Project site.
The CONSULTANT shall, ei perform the following
tasks:
1. Prepare and submit to the Metropolitan Dade County Department
of Environmental Resources Management (BERM), with copies to
the City, a Quality Assurance Project P1 an(Q Ppdepared in
accordance with the requirements set forth in the document
entitled "DER Guidelines for Preparing Quality Assurance
Plans, DER-QA-001/85, January 30, 1986.,"and the generic QAPP of International
Environmental Services, Inc. presently on file with the Florida Dept. of Environmental
2. Upon approval from BERM of the Quality Assurance ProjectRegulations.
Plan, prepare and submit to DERM, with copies to the City, a
"Contaminant Assessment Report" (CAR) to identify the extent
of ground and/or groundwater contamination at the subject
facility.
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SS--5Q"
Upon approval from HAM for the Contaminant Assessment
Report, prepare and submit to Derth, with copies to the City a
"Remedial Action plan" (RAP) which outlines the proposed
actions to be implemented in order to restore the ground
and/or groundwater at the subject facility.
111. COMPENSATION
A. The CITY agrees to pay and the CONSULTANT agrees to accept
for services rendered pursuant to the PROJECT in accordance with
the terms and conditions of this AGREEMENT and all incidental and
preliminary work related thereto fees in accordance with the
schedule in Appendix A. The fee schedule shall include all
equipment, supplies, materials, tools and labor necessary to
complete the work.
B. The total compensation by the CITY to the CONSULTANT for
ppursuant to An endix A and
services provided^under tie terms of this AGREEMENT shall not
exceed S20,000. * The City reserves the right to review and audit
the time records and related records of the CONSULTANT pertaining
to any payment by the CITY.
C. The CITY will make monthly payments to the CONSULTANT in
accordance with the fees computed as outlined above for all work
performed during the previous calendar month upon receipt of duly
certified invoices in triplicate to the PROJECT DIRECTOR.
D. It may be necessary for the CONSULTANT to subcontract out
certain work including but not limited to, well drilling and
sample testing.
The cost of subcontracted work is to be approved by the City
prior to commencement. This work will be paid for at the
approved price with the subcontractor's paid invoice submitted as
back up information with the monthly bill.
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
*Notwithstanding the parties agree that certain regulatory agencies may impose requirements not
anticipated at the present time. if so, additional costs may be incurred which Consultant agrees
to promply notify the City of and which the City agrees to pay pursuant to this agreement.
88-5Wi
tetutn receipt tequested
be delivered by personal servitoo or by registered Mai IAaddressed
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; Oro if by mail, on
the fifth day after being posted or the date of actual receipt,
whichever is earlier.
CITY 0P MIAMI CONSULTANT
Department of Public Works CnviroCare, Inc.
275 N.W. 2 Street 2,100 W. 7E Street, Suite 2n8
Suite 303 Hialeah, Fla. 33016
Miami, Fla 33128 (305)556=0824
(305)579-6874 Attn: Susan Smith
Attn: Eugene Pelapz, Project, Director
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, 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 States 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 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
- 3 - 88-50
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 1191 Florida Statues.
It is further understood by and between the parties that
any information, writings, naps, 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 purpose
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.
The CONSULTANT agrees that there shall be no subcontracts 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*at any time during the performance of this Agreement
and for a period of one year after final payment is made under
this Agreement. * pertaining to charges incurred pursuant to this Agreement,
IX. AWARD OF AGREEMENT
The 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.
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l98-5Q
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X. CONSTROCTI`CN OF AGRCCMCNT
This Agreement shall be tonstrued and enforted acc6rr+ding to
the laws of the State of Florida.
XI, SUCCESSORS AND ASSIGNS
This Agreement shall be blinding upon the parties herein
their hoirs, executors, legal representatives, successors, and
assigns.
XII. INDEMNIFICATION
The CONSULTANT shall indemnify and save CITY harmless from
and against any and all claims, liabilities, losses, and causes of
negligent
action, Which may arise out of the CONSULTANT'sAperformance under
the provision of this Agreement, including all acts or omissions
employee
to act on the part of CONSULTANT, .including any #.ereep 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
*and not the fault of the City or another,
orders, judgements or decrees which may be entered and which may
result from CONSULTANT's performance under this Agreement, and
reasonable
from and against all costs, attorneys' fees,'A expenses and
liabilities incurred in the. defense of any such claim, or, the
investigation thereof. If the 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 indemnify the CITY accordingly. In any event,
the CITY shall promptly notify CnNSULTANT-as soon_as it has notice
of any matter for which this indemnity provision may be
applicable.
XIII. CONFLICT OF INTEREST
The CONSULTANT covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interest, direct or indirect, in the work product of this
Agreement. The 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 the
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CONSULTANT or its employees must be disclosed in writing to the
CITY, The 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.
The 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 Section 2-11,1) and the State of
Florida, and agrees that it will fully comply in all respects with
the terns of said laws.
XIV. INDEPENDENT CONTRACTOR
The 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 CITY.
XV. TERMINATION OF CONTRACT
Either party may terminate this Agreement by written notice
should the other party fail to substantially perform in accordance
upon good cause
with its terms.,*' Additionally,. the CITY retains the rightt%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.
*provided however that prior to terminating this Agreement the non -defaulting party shall r
notify the defaulting party in writing of its failure to 'perform, and the defaulting
party shall have thirty (30) days therefrom to cure the default. If cured, there
shall be no termination, - 6_
S8--5Q 5
W . NONDISCRIMINATION
The CONSULTANT agrees that it shall not di scrW hAte as to
race; sex, color, creed, national origins 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 subjected to discrimination under any
program or activity receiving federal financial assistance.
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, 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. *and such failure shall continue after thirty (30) days written
notice to CONSULTANT specifying the default,
XX. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said services 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,
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A6
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Tt- t CIT71 OF 1,41AMI. r LORMA
"?5artr cnt of P-Ib�lc Wot`-s
A Fr I D A V 1 T
Certifying corzioliance '.vith
Section 4 (c) of the Charter
of the City of `liarzi)
S -1, A
rne, t ie 'lneerei ned a'ithOr:t':, "•ltnOrlte `.O
and take acicno% ledze—lerts, personally ap5eared
---1--�J=
a ho, after beir._ first cuiy s%vorn upon oath deposes and says that to
...e .:est of h and belief ro Comr:.issior:er, Mayor, or _
,ether officer ,).. vrzplo•:ee of the City of Miami, Florida, is interested,
directly- or inznrectly, in the profits or emoluments of the contract,
ob, work or _-.-r:•ice for the City of Miami in .:onnection with the
contract, co:.-cruction and/or purchase of fDfG55/on4� S�/"'Y/C�j
1
e rtt ►r�� � r Co��ind dSS�SSinri+'i T � `�C. � `y�
SIGNED
(SEAL)
Sinned, sealed and
delivered is the
prese:ic of:
Notary' Public, State of Florida at Large
My %lCommission expires
csr� ci , arida
19
Bcnaoa r, n • in::uncu mc. C7 V—�1 J rJ
Form,PW R 1nq 12/69
OATH OF ALLEGIANCE
de solemnly swear
i
or affirm that I do not advocate nor am i a fternber of the Communist
Party or any Other political party or organization that advocates
the overthrow of the Government of the United States by force or
violence; that 1 have not not and will not lend any aid, support,
advice or counsel or influence to the Communist party; that I do not
believe in the overthrow of the Government of the United States or
of the State of Florida by force or violence; that am not a member
nor have I knowingly 'ever been a member of any organization or party
which believes in or teaches, directly or indirectly, the overthrow
of the Government of the United States or Florida by force or
violence; and that during such times as I am under contract to the
City of Miami for any municipal improvements, I will not advocate
nor become a member of any political partyor organization that
advocates the overthrow of the Government of the United States. by
force or violence.
SWORN AND SUBSCRIBED TO BEFORE M
7L3 C , 19 �''P .
My t,Fpmmiss�ion .&Xp� r e s
o i.ri is a
My Commima.. ca•.:�cs .... 2. 191$
Form #238 7/65
Sig aCture
Title
E THIS 3 DAY OF
-?rotary Public
State of Florida at Large
SS-5Q i
88--50 r l
CORPORM RESOLMON
WHEREAS
desires to enter into an agreement with the City of Miami; And
WHEREAS, the Board of tirectors at a duly held corporate
meeting hat considered the matter in accordance with the By-LaLwa
of the corporation;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that
the president and secretary are hereby authorized and instructed
to enter into a contract in the name and on behalf of this
corporation with the City of Miami upon the terms contained in
the proposed contract to which this resolution is attached, and
execute the associated performance bond.
DATED this 3 day of 198a .
k
-CHAI ERSON 0 THE BOARD OF DIRECTORS
(TO BE USED ONLY IF BIDDER IS A CORPORATION)
SS-50ri
88-5WII
Alk
to)
Iiuv 134 14MS
Appendix "Alf
Page I of 5
Fueson+-
ot,
NIS :ill Strt-t>t
orn t3 Wi
1 a in i
If" i ty to V "I I ani i
property It-wat.pd nt I-lagli-r and 22nd AvPhlle, Iianii,
F I o r i d a
I v Ve I
our on Envi ro('are, I 1w - IIF-1'1--Ily
t-) M I t ,;, the f II i n q 1 0 1.) 0 �,-a I to assist It Ill- City c)t' Iiami in
'Idd VOSS, 1 114 the !: yd rora rhon Ins; a t the re f ert--noed 1) rope r t y
,T I- c1till,i st s or three stages as set forth helot.
S Lage I
Preparing a Contamination Assessment Plan (CAP).
Preparing a Quality A.rsurance Project Plan (QAPP).
tAg—e IT
T nip] ementat. i oil of the Contami nat ion Assessment PI an ( AP)
S tage 1 r I
Preparing a Contamination Assessment Report WAH)
Preparing a Remedial Aetion Plan (RAP) .
Compile and stibmi.f. a] I iincumentation net-dod to detewminr-
re I 19 i 11 i 1 i t-�- fo 1, t. h P Fa r I y De t. pe t. i on Inc e n t i vt- program
F D I ) pursuant to paragraph :17 6 . 3 0 7 1 12 C) F I o r i d a
Stat-11i es.
Details of Proposed Stages
In -Stage T Envirr,Care, Ine. in a Joint Venture with
Trit,-rnat.ional Environmental Services, Tnc., will revif--w aLl
availahlt-- data and develop a CAP and QAPP. The CAP will
(jutlivir- the —,opt! of the work to be performed, the procedures,
and methods to he; used in the irivt--�stigation, and wi I I list.
()hjt-rtivf-s of, the CAP.
10til-lg thf- ilp)woval of the documents, EnviroCarr- t:ill
kliplement the CA' in Stage. 11. f nip I emen t a t i on w i 11 i
I' s0i I samp! i m, and the installation and sampling of monitor
wf-Ils to (40--tect. the presort(--e of hydrocarbons. St)il �.auiplos-
from well horings, will he tested for hydrocarbon vapors to
J1,termitip the oxtelit of soil degradation and to vprify the
of, soil P%vavat-ion. We anticipate that. four (4)
88-50,-)
10
.a[s A
AN
Apptftda_k "A"
1 i ratn i Page 2 of 3
.if oil itt,t illyis to I I l)f- trj, satillilPill and ,111.11ih
t-•r,l'ri,3hot� Ui t h the F P,1 ntt•thnds- -,et forth in t he CA13.
roll=iAt Ck1, thr+ 1)repat'at.lon 1-,y I-hVl t't'tt Al't• I) I' •i
Ji. Tho tAt? t,: II %umniaI,I a thr- rnsatlts ,-It' Stage II, it' the
-.ummat'� I itri i catr•ti I Nlnt-tl i a l .fr:t. i riot I s rpgtj i l•",t 1 .1 1 t el -flat i t n5
t i l l bra .IIgge-,tt,i l)y Iat-,•t I-o('are , If t.hn rests I t of .- tagp 1 1
I ltti i r,nt t- that no t•Nlnod i n I .fct i nrl ► s IIeo(IssaI- , a (' >It t. t 1 I hr�
<11hmI `t«-,1 to t I i 0 .1.gtatit' it-s. t'rnn r.nmpiet.ion tit' tht, ,'1h,
:'t11 11'nl' 1;'n tJl I I t)in1)i IP :atltl tiuhmi t tt)r' tlovi tltontat I till nt•,-doiI
ti�lt�rmirle tlIF- t'it+• ,)f' 1-1iamii t y t'or
t•f111111ui•som"rit. uhtier VDI.
Program Costs
�.ts ha':P been r•tit.l+;Iat.r'll t't)t+ t'Itis program toll t',I11' [It -St
imatts of ori; 1 r, hr pt. T•forin1--d A(idit i,,n.al costs 1'or
t fill I) 1 i ng and Ibm i t.t i ng rr'i mbursoment ,tocume. n tat i on i s
1 rtr• I uded i n 'task I T 1. i t should be recognized that the
rt=t;u l.ltol �' a,gPtw i es r.oul,i impose requirements not runt is i p:atOd
i,t this proposal. Such requirements, could include meetings,
t-•nnstructing morn than four wells, more than one sail sample
and tine groundwater sample from each well, etc. Should
agenvy rf-quirPment.s exnef-H the proposed scope of study, the
alid i t. i ona I o-ost s will he invoiced. Our anticipated charges
and t.ht)st, Pst.im.ai.ed for subcontractors are as follows:
-stage 1
Stage II
S t.age I ]
T(-)taIs:
hnviroCaro
S :i , ri OO . on
S3,i00.00
S4,500.00
S11, 00.00
Subcontractors
-O-
S2,800.00 (Drilling)
$4,000.00 `(Lab.)
(;rand Tot.aIs: S18, 5O0.00
We are pleased t.o provide this proposal to you. We can begin
the preparation of the CAP upon signing a contract.. Enol,ised
is EnviroCare's Contract for Professional Services.
Sincerely,
F.NVTRO. RF, TJ,
tiC.
46.�G'
BY . 'I
F-110s: C•r,nt.ratot
Rrorshure
Proressintl.al Sorvice, Fees Sir-hedtTle
aft. Ak
AppefldIx "A"
Page 3 of 3
I1_i1iGVS i (_li
F\V I I,O(( I `x r.`i
1'fiOl'r.is I_,."\AL.
SI:I"% i I l_,S
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IW i;nvI I'ul';ll't',
, tlC r,I l Rt
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I11+ alhl�l
s t I r• 1 t:l)rki I I L:
c11'. 11 1",1 r.,,I•I't ; j c )
i'r'lInbIjI eint°IIt
I11 1 ••.1„-trtie
.i ) 1't%I inouI tiwwn tlt
•.1 -lain •,Ilt t*3C•t 111
• `' :11'Id ,,t Ilt,I' .-Alit-1•
I 1 I•tii ;-.
i 1 I'e•111 I I :•tl;st r?•'n
t'01• 1 111111)MI-01 .
1;i I I" I'!`. l'( I.111 IE
1 i, i,!-.t
1a I �;t•�• .1111t t�� Iu•I,�e�� 1. i i I i„• �ullm i 1 t t•tf t oir 11a> nit -tit .,11 I
.11t111 Ia�-kit•',I 1-pt flit ',lit,rnnt l•11r•tot' II11.owt's t.1111•h t:i I I
i:r• ht I 1 t•.t as; I F-rt•i �-f:-H) , Iit1 I t•5, somF ot.lter at,:-arivo-inNtlt f1ii!-.
i!LIII1•i +' V-"; flit' :-a1'1r1115 I,1NS!;I t'iL-at 1o11S o1, 1.I1�'l rrll al'r'. rtlr•. 0
z 1,11 I tit P1'11i1 t 1 on;I I F11%' l l'r' nnipn t.a r'1't'1 f-s, t till`.. )7 P r s.-i tl ti t'' I :I r'f•
:1.t►r nt r-:i hoIot: .:,11i :1rr �.+uh.jt,r-t ' Il I-f- i"ion.
PI.-IIlt••lpal i 1111S11Itant
S"111t-11' Crinsu I t'Int
Principal st-Ir•nt.ist.
Si'n i oi- tic i rto i t.
Staff Scienti"I
PI•o.jent Sr. i f-l►t i st.
fir. i•�ntist
Technical F.iitI-,r
S e n 1 or (Ira f t s1)e.rson
Draftsperson
KPsoar(-h Assi stint.
Stat'f Terhnirian
Tt-•c, IInic.ian
S1.2f).O0
- 1aO.O:i
3140.01) -
1 15.0
S74.00 -
90-00
$56.00 -
78.00
S46.00 -
65.00
S•10.00 -
55.00
$25.00 -
45.00
$39.00 -
56.00
$40.00 -
65.00
$20.00 -
30.00
$20.00 -
40.00
$30.00 -
50.00
S16.00 -
35.00
Nr-Imhursrtble e`I-�t-nses aro rhargeahle at cost and inr!ude
oosi t s, l i% l ng e-xpPnAPs for personnel reel i rt-d to be
away from their, home of t'i ce in connection with the work,
ran to l oars, long-d i st.aneF t P l ephone calls, telegrams and
--thles, oopieg, 1lrint.s or reports, shipping costs for samples
and other- materials, expendahle supplies purchased
5prri f i rra I l y for- a project, and premiums for i nsurancr
required by the rl i ent in addition to normal coverage. The
use of pt-rsonal oars for project -related work is charged at.
30 4--ents per mil". The use of company -owned vehicles is
rhargPd at. a minimum of $50 per day at a rate of 3i cents per
-ni le. Tl,t-. Use of flip snml)l ing van is rharged ata minimum of
; 70 per day at a i-at:t? of :50 I-•t-nts per mile in addi t i :i)n to
othoi- N-an rhargF�z..
Sub-contl3ator rhar11tis and costs of purchase nr rent.al of
sl,t-trial t•rluipment no�oessar% for the work, together t:itit any
otht-t• co4.t.s notas.sooiatr-ll t:ith normal overhead, a1•N hi l Jeri
r)st. 111 us a h:1nd 1 i ng oliarte of ; 5 percent .
88-50t`t
- s , 88_50 1
A.
X
..>JTor.loalLE � .:aILIr; ._._`--------------_.._--
Leo
1.000 2iCuO
. .- ... 1/coo
XCESS L:..oIL,
1/27/89 1/27%ao
iORKEaS',. '?�E+!SAT
G N 4
ITIAER
4 7A-T- STREET wlALEaH 9L
'T
LC"iT_'<TS v:.LuE=15:.:; =CUCT:ELE 3ZSC
CITD'IY�C���` DFPT CiF PUBLIC 4�t7RKS ALM. DIVISION
CITY C= '�:;M: ;LC';: -'
CEPT Ci: �u:L:C qC. KS _C;A _ _V
1 AM I LC
TW C A
$ 88--SQ i
w
w
5/27/88
,nucE R
. .:114tc,AS 4 AIATTIip nF i^IF,MNIATION 1,tO
.t 11 qr, •4 1 .1415 L;)If-N ,'+E. -LP' ttFl('ATL �--OLCER. ' ,'•,
, ..I• ,, ',.S rl::l /1VLPJ1), - IL`40 :`;I nt TLR TNIi Cn•.,.r.
T f) 6P •-Il_, :IE.S 13- I OW
COMPANIESA.FFORDING COVERAGE
- - =T'la "L:FE ? CASUZLTY
C 1 Lt.. n l T
J
,Tt1O;Yt. •15lRr t :S11t !
tf :) ti'.1 t1•`: Ir.. 1J t.•, ,J lilt ': ii -+ ,rtt It l.'^. I1 ANY C,%til I: AL'T f-,i1 �;T I'E.I<O,7CUMENT :'II TN
E 15 : ; F ( I 1 ., (1 „ 1 •.; '.... t 1 n r I!: ;r:,'_I•;.,^l�': AI l , I• h[U r THE. t1GLICIES 0L5C,i UI_D
1-t +!. .. i S'. . .` i•, .:Li. -1 ut.7 S, f t ,� ,. all ., n 11"1511. •SI/C'i )•'.:LI,:II 5.
GENERAL LI:.E31LiTY
{4i1�16;NEU1 1/OCo 2,rCC0
tr
�PEw•..,tial ..,./:• I cFlSUNAL INJl1F/Y 1 /CL%Q
AUTOMOBE ABITY 1—'--'— -- -'- + -- e.)n:. r
ILLILI
i{ �a
P:., .',N%
I..j. Fly
tf
AL.T
u.(YaGE I
EI d PU
-EXCESS LIABILITY
t �'_•r e''ELLa 70M j 81 d PD
I L'U'ABINED
JT-,ca 7•.a . t. :•,3wCLI a c,,FCt t I
2 8 ST 4!1110111
WORKERS' COMPENSATION � I.
AND N / 0
EMPLOYERS' LIABILITY -NIA
OTHER -------
JESCtiiPT;t:Nr. OPtRA-ICNS:L,.,::ATI(:'ti/`,f.111(L `,S-Ff'IA_,'I ,
_1% q 76T�' STREET 4IALEAH FL
ADDITI I CC"�?_^!TS VALQE 1150 CECUCTIDLE $Z50
CITY C I-�DA DgT Og PUBLIC ARKS AIM. DIVISION
CITY C=
C:PT CF ;UCL:C dC:<S 4—DA ::V
Z75 Not GAC �T;EET
M 14 MI FLCP.I:A :I1; .
It ACII ACCIDENT
,01SEASE-POLICY LIMIT)
,!,ISEASE-EACM E'APL VYLE
AS-50!'11
•(,iFL�l•FL E_L[)
•(=,:FT •• I:<PIRATI(,TJ L1ATI: L►y�RFOP• THE. ISSUING GOMPANII
NUE,(V(UP TO MAIL JJ DAYS WRITTEN NOFICE T-')
1,F l:':ETT t'ICAfE H(IL.L:U_R TO 111E LEFT. EIUT FAILURL TO
MAIL',UCH NOTICE S11ALL iMPO5E NO OBLIGATION OR LIABILITf OF
AN ' KIN[) UPON THE COMPANY. ITS AGENTS OR RE PRCSENTATivirs.
H-ED
EMAT
AU7HO4LL� �E�Iv��/�}Z�'t� -i
rII TE 0(A)
we
ss—sl 7 t .
6
m..orrL/l' F It lwt. I. 1 411► It'ATL f.r.�.LJF-U A', A MA 1 Tr N 01 - tlJr CUtMA I It'N L,IJI V
AW I CONO t NS NO WlriIITS QPON I Opt CLI( I it- ICAlL NI.11 hl It, 1111',
, I {lilt it. uTr p(!1.5 NOT AK41NrJ' LX11:Nrf OR ALI[It TIIC Lvvl•It•
K t E N 3 A T T L r A C v C i C t7 Hi: ♦ JU f t'{�:lEll rV I It rULIC!II OCLUW.
P C 3CX 16% COMPANIES AFFORDING COVERAGE
H;ALEAI- FL 31.011 -1630 _
AETNA LT0i CASUALTY
I r111 '1 A
—�
�'�'
ENVIRG CAKE N# C,.,MNAI.v
Z1C� w 7b ST ucCr Li ! , C
MIAL�atF- FL 31016 I WORK COMP ASSNO RISK
1111
L•,�n.: nr.� E
l.t 1 t c It
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1'I I t, I•, St,61LC I
I I•'., 1`h, I\ n ',:(' hyt „1,�'Jt'l l.l:+t ( r. lot I t!%V I II.Vt- 14V I N ItiSU:II It'I To IL. irim NAM[ tl AGUVF 1 Ok 1 Nt Ptli 1, v
VI-Ivl. Trr.M (,II CuNllil-ON 01 AN, i:0NtQAA(.I C)N 011-41.11 r)ULIJVI 1`41 V4110
I1�1!i 11111 It ;'rI •.,mv I I I. tlk Kicky vl (JT,'OIN. 111r IN5UItmN(7X /(I I•(.dNII( h GY MI, 1`01.1 01 OrSCl1I(It It
nl.l 1' 11 -1 'a I vi 1 . n.R1f a, A11I11• 1 INh111[iN5I,?r ;UCH I•t11
(GENERAL LIABILITY
00(1 ••A. A• 1.
wl:.lJC'y.r,. n'11-I :: rl'•,''Lt\•I
ff ' .1•.•Ilart�., 1
{1'M�14(,�(11,IA 1.1 •,lf'I (•'\ •. r,�tn,.l
ALITOMOBILI I IASILI I Y
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.. n. .I , . • I I .
•,r ILA(. , d.Fir tl . I
tXCESS LIARII ITY
i(rvFNl t .'k I r14M
WOR K I HS' COMPCNSATION
AND
EMPLOYI RS' LIAVILITY
UTNFR �. ��• • � •
111''<:k IVCIC,N(')1 r.I+L1IA I I(IN511(_I(
AMMONALJ INSURED: CIT.
t 4,i• li.'•' 41 tMNr it
••lit If • L' : 1 `tt r-OLICY ►ifliMAT 'I'
�'-1 '.. �,,.!•,• I VA!L I V M 11, v1:
2/21/881 2/21/81
LIArIf L11 Y L,IAITS IN 7/(f:l1:,AN11%
>ngrt It l t•
.JA11A� •t
•»r! .
1'000!
2,C0
CIAO,.,
Pt WsONAL IN -WHY
11 iC00
INIUkv
I tt•t n
(1, 1f III r
tN,:"IY
I.VIN
A(f IUI NI,
1 VI/t'1'l'It � 4
it,AMA,,I
ti LUKINL I.
biNt I.
ul a r11
almD Ntr(
t; 5'25 003T35 ---i 'i l2�/88-77-27/8 51--
1 li it'll Al '.if,► ,y t I
N A -� Iulal nal r,11_,• 1 1 10•0 1-
II rw,
LOCATION yy2pp1��0,,0 Wgg76TTH STTRREEEETLHHIILALEAH FL
t 4 � TFi� f&'bEi s OF-PUBZIG �l[W Ems? '&VISYON
CITY OF MIAMI =LORICA
DcPT OF PUBLIC WORKS ADM C:V
21; Nw [NO STREET
MIAMI FLCRICA 33128
88-50 Rt
�l ,t,ut L' Htly (lr 7'11 At'(P.1 ILL.`.(. Nlrir t) I•,_1LU:It A tit L'.nl•tt I t I 1 If
N'IlnJl II"• rXPl1:Alflit. :..Alt M�I(I(.of I111 I(,5t.11W. I.(iMivtfVY
VVILI INr,rAVt)fltoMAIL I,IA+}Wf(IIILN^Julftl I()
I,II LI I(III li ATI_ M411 GC11 NAM[ r1 It, Itll fit (, wit I n,l 1,1.1 it.
MAIL Ir•'1i 11 NUI!V1 SIIAI.I IMPOSC Nit ()Fit 1-Alf()N (IF) LIAI,1, IIV t,,I
INr, UIv,1Nyt it COMPANY. I I k AC Lt: I t. (l;t Rt 1'111 1.1 N'I A 1 I V I •.
_ ANv K
AUIhiminr•tlltl'NI',CN1AT1 C .�
WILLIAM WOOTEN i%,/®,_ S//J,_.dP(A)
- s -
XXI. AMENDMENTS
No arnendMents to this Agreement shall be binding on either
Party unless in writing and signed by both parties.
IN WITNESS WNEREOF, 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.
CITY OF MIAMI, a Municipal
Corporation of the State
of Florida
ATTEST:
City Clerk
ATTEST:
Cp7po,rate/Secretary
WITNESSES:
s o
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
nsurance
anager
By
City Manager
CONSULTANT:
EnviroCare, Inc.
BY
l� •Li
incipa if
CORPORATE SEAL
APPROVED AS TO FORM AND
CORRECTNESS:
i t*Aorney