HomeMy WebLinkAboutMemo 4CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Stephanie Grindell, Director, P.E., Department of PublicIWorks
FROM: Rafael Suarez -Rivas, Assistant City Attorney'_'
DATE: February 23, 2007
RE: USA Pelican, Inc. dba Water Management Technologies
Scavenger Debris Removal
Matter ID No.: 07-322
You have written this office and asked us to furnish you with our (informal) legal opinion on
substantially the following question of municipal law:
The City of Miami ("City") on July 26,2004 entered into a Professional Services Agreement
("PSA" or contract) with USA Pelican , Inc. d/b/a Water Management Technologies ("Pelican")
for the provision of services of the Scavenger 2000 De -pollution Boat( "scavenger services") for
cleaning and decontaminating the Miami River , Biscayne Bay, and all navigable tributaries. On
August 1, 2006 the City entered into an Interlocal Agreement with Miami -Dade County to
receive $100,000.00(evidently only recently transferred) for litter and debris removal only on the
Miami River. Specifically you ask does the current PSA for scavenger services permit this
additional work to be undertaken or completed, since the scope of the work is in the PSA, which
includes a contingency clause?
Subject to the conditions expressed in this opinion the answer to your question is in the
affirmative.
Reviewing the PSA it is clearly evident that the cleaning and decontamination of the Miami
River, which is of vital public interest, is within this contract's scope of services. Attachment A
to the PSA entitled Scope of Services provides, in part:
The project consists of the collection offloatable debris in the water surfaces under the
jurisdiction of the City of Miami including the Biscayne Bay area, navigable tributaries, and its
marinas...Floatable debris are to be considered as any material floating within the first two feet
of water and includes aluminum cans, plastic bags, toys, vegetation, animal debris, wood, leaves,
etc.
In the opinion of the writer the foregoing Scope of Services is unambiguous. Moreover by its
plain meaning it would include litter and debris removal from the Miami River, a water surface
under the jurisdiction of the City and a navigable tributary.
Of course, you may need to amend the term of the PSA and its compensation to add the time
duration for this work and to include the additional $100,000 granted by the County in the
compensation. This could be a consent item for the City Commission. I mention this because you
Doc. No.: 67614 1
have stated the County is pressing the City for the expenditure of this $100,000. If we may be of
further assistance to you relative to this matter please do not hesitate to contact this office.
Cc: Glenn Marcos, Chief Procurement Officer
Julianne Diaz, Assistant Director, Public Works
Doc. No.: 67614
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