HomeMy WebLinkAboutR-02-0855J-02-694
07/23/02
RESOLUTION NO. O 855
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER APPROVING THE FINDINGS OF THE
EVALUATION COMMITTEE FOR REQUEST FOR
PROPOSALS NO. 01-02-174R, THAT THE MOST
QUALIFIED FIRMS TO PROVIDE CONSULTING
SERVICES FOR A POLICE RESOURCE ALLOCATION
STUDY, FOR THE OFFICE OF THE CITY MANAGER,
ARE, IN RANK ORDER: (1) MGT OF AMERICA, INC.
AND (2) INTERNATIONAL ASSOCIATION OF CHIEFS
OF POLICE; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT
WITH MGT OF AMERICA, INC., THE TOP-RANKED
FIRM, FOR AN INITIAL PERIOD OF ONE YEAR, WITH
THE OPTION TO EXTEND FOR ONE ADDITIONAL
ONE-YEAR PERIOD; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AN AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF CHIEFS OF
POLICE, THE SECOND -RANKED FIRM, IN THE EVENT
NEGOTIATIONS FAIL WITH THE TOP RANKED FIRM;
AND DIRECTING THE CITY MANAGER TO PRESENT THE
NEGOTIATED AGREEMENT TO THE CITY COMMISSION
FOR ITS CONSIDERATION.
WHEREAS, following the directive of the City Commission,
Request for Proposals No. 01-02-174R (RFP) was issued on May 16,
2002, seeking a qualified and experienced consulting firm to
provide a detailed review and analysis of the existing law
enforcement environment, organizational structure, management
CITY COMMSSION
MEni: bE
J U L 2 5 2002
Reaolutiom M.
0- 855
practices, staffing, and support resources of the Miami Police
Department; and
WHEREAS, on June 10, 2002, six proposals were received and
one was deemed non-responsive; and
WHEREAS, an Evaluation Committee was appointed by the City
Manager to evaluate all proposals received pursuant to the RFP;
and
WHEREAS, the Evaluation Committee evaluated the proposals,
and selected the firms most qualified to provide the required
professional services in the following rank order: (1) MGT of
America, Inc. and (2) International Association of Chiefs of
Police; and
WHEREAS, the City Manager has approved the findings of the
Evaluation Committee; and
WHEREAS, it is now in order for the City Commission to
accept the City Manager's recommendation to approve the
Evaluation Committee's findings and authorize the City Manager to
negotiate an agreement with MGT of America, Inc., the top ranked
firm, and in the event negotiations fail with the top ranked
firm, to negotiate an agreement with the second ranked firm,
International Association of Chiefs of Police; and
Page 2 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The recommendation of the City Manager
approving the findings of the Evaluation Committee for Request
for Proposals No. 01-02-174R, that the most qualified firms to
provide consulting services for a police resource allocation
study for the Office of the City Manager are, in rank order:
(1) MGT Of America, Inc. and (2) International Association of
Chiefs of Police, is accepted.
Section 3. The City Manager is authorized) to negotiate
a professional services agreement with MGT of America, Inc., the
top-ranked firm, for an initial period of one year, with the
option to extend for one additional one-year period; further
authorizing the City Manager to negotiate an agreement with the
International Association of Chiefs of Police, the second -ranked
firm, in the event negotiations fail with the top ranked firm.
1� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable provisions of the City Charter
and Code.
Page 3 of 4
Section 4. The City Manager is directed to present the
negotiated agreement to the City Commission for its
consideration.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this`' 25th day of July , 2002.
MANUEL A. DIAZ, MA O
ATTEST:
1
• PRI ILLA A. THOMPSON
• CIT CLERK
APPROV ,�k F039"AND CORRECTNESS :t�/
POfTY ATTORNEY
W6451:tr:LB
ar If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 4 of 4
02` 855
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and DATE:
Members of the City Commission
SUBJECT:
FROM REFERENCES
imenez
City M ger ENCLOSURES:
RECOMMENDATION
CA -21
JUL 12 2002 FILE :
Approving the Findings of the
Evaluation Committee: RFP #1-02-174R
Consulting Services for Police Resource
Allocation Study
It is respectfully recommended that the City Commission approve the findings of the Evaluation
Committee for Request for Proposal (RFP) No. 01-02-174R for Consulting Services for Police
Resource Allocation Study, and authorize the City Manager to enter into negotiations with the
recommended firms, in rank order.
BACKGROUND
On May 10, 2002, RFP No. 01-02-174R was issued, with responses due to the City Clerk by June
10, 2002. Six (6) proposals were received, and one (1) proposal was deemed non-responsive. The
remaining five (5) proposals were deemed responsive and responsible in accordance with the
terms of the RFP, and evaluated by the Evaluation Committee ("Committee").
On June 27, 2002, the Evaluation Committee ("Committee") met, reviewed, evaluated the five
(5) responsive proposals. The Committee short-listed the proposers to the top two (2) ranked
firms, and requested oral presentations. On July 12, 2002, the top two firms provided the
Committee with oral presentations, and following deliberation and evaluation, the Committee
recommended, in rank order, (1) MGT of America, Inc. and (2) International Association of
Chiefs of Police (IA.CP).
It is the recommendation of the Evaluation Committee that the City Manager negotiate with the
top ranked firm, and in the event negotiations are not successful, proceed to negotiate with the
second ranked firm. Should negotiations be unsuccessful with either firm, the Committee
recommended a new RFP be issued for Police Resource Allocation Study.
CAG/RJN/RV/pb
02-- 855
July 12, 2002
Carlos A. Gimenez, City Manager
444 SW 2nd Avenue, 10`h Floor
Miami, Fla. 33130
RE: Recommendation of Evaluation Committee:
Consulting Services for Police Resource
Allocation Study per RFP 01-02-174R
Dear Mr. Gimenez:
As Chairperson of the Evaluation Committee ("Committee") for the above services for the City of
Miami, it is my responsibility to offer the findings and recommendation of the Committee.
The City issued an RFP for Consulting Services for Police Resource Allocation Study on May 16,
2002, and six (6) responses were received by June 10, 2002. One Proposal was deemed non-
responsive. The Evaluation Committee ("Committee"), appointed by the City Manager, met on June
27, 2002 and July 12, 2002, and was comprised of the following individuals:
1. Elena Carpenter, Coconut Grove TimesBrickell Post
2. Jennifer Ramirez, Budget Coordinator, City of Miami
3. Assistant Chief James W. Chambliss, Miami Police Dept.
4. Chief Clarence Dickson, former Police Chief, City of Miami
5. B. Jack Osterholt, President/CEO of Osterholt Consulting, Inc. (Chair)
The Committee discussed the merits of the five (5) responsive and responsible proposals, and
evaluated each pursuant to the City's RFP. Following discussion and deliberation, the Committee
short-listed to the two top-ranked firms, and requested oral presentations from each. Following the
presentations and evaluation, the Committee recommends the following two (2) Proposers, in rank
order: (1) MGT of America, Inc. and (2) International Association of Chiefs of Police (IACP).
Should contract negotiations fail with the top ranked firm, MGT of America, Inc., the Committee
.recommends the City negotiate with the second ranked firm. The Committee further recommends
the Successful Proposer diversity its staff to be assigned to the Project to more closely represent the
diversity found in the Miami Police Department and the City of Miami as a whole.
Thank you for allowing each of us the opportunity to participate in this process. Should you concur
with our recommendation, please sign below.
On hWftvaluation Committee for Consulting Services for Police Resource Allocation
u I�,
B. Jack
Chairperson, Evaluation Committee
Approved:
ar os m , City Manager
02- 855
CITY OF MIAMI, FLORIDA
EVALUATION OF RFP NO. 01-02-174R
Police Resource Allocation Study
Raters
# 1: Elena Carpenter
# 2: Jennifer Ramirez
# 3: Assistant Chief James Chambliss
# 4: Chief Clarence Dickson
# 5: Jack Osferhoi+t_Chair
Approved
Judy I Carter;
Chief Piocuremc
Approved by:
Date: O Date:
Director / Designee
02- 000
Rater 1 Rater 2 Rater 3 Rater 4 Rater 5
Avg. Total
Rankine:
* Firm not short-listed
* Finn not short-listed
* Finn not short-listed
MGT of America, Inc.
85.00
76.00
85.00
60.00
87.00
78.60
International Association of Chiefs
of Police (IACP)
72.00
68.00
83.00
59.00
84.00
73.20
21st Century Solutions, Inc.
65.00
61.00
77.00
60.00
85.00
69.60
Institute for Law & Policy Planning
63.00
62.00
73.00
54.00
79.00
66.20
Michael Walker / Berkshire Advisors
63.00
56.00
71.00
50.00
74.00
62.80
Dr. John Banks
*** Deemed Non -Responsive to RFP ***
Raters
# 1: Elena Carpenter
# 2: Jennifer Ramirez
# 3: Assistant Chief James Chambliss
# 4: Chief Clarence Dickson
# 5: Jack Osferhoi+t_Chair
Approved
Judy I Carter;
Chief Piocuremc
Approved by:
Date: O Date:
Director / Designee
02- 000
ACCEPTANCE OF CITY MANAGER AND
EVALUATION COMMITTEE'S RECOMMENDATION
RFP NO. 01-02-1748
ITEM:
Consulting Services for Police Resource
Allocation Study
DEPARTMENT: City Manager
TYPE:
Contract
REASON: It is recommended that the top ranked firm MGT
of America, Inc., the top ranked firm, provide
consulting services for a Police Resource Allocation
Study, for the Office of the City Manager;
authorizing the City Manager to negotiate and
execute a Professional Services Agreement, for the
Office of the City Manager; further recommending
that should negotiations fail with the top ranked
firm, proceed to negotiate with the second ranked
firm.
4[;�4 Oe"L
ate
AwwdJssueFXP 02— Q % 5
Form I(a)
SERVICES AGREEMENT
OR
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this _ day of , 200_ (but effective as of
) by and between the City of Miami, a municipal corporation of the State
of Florida ("City") and
corporation ("Provider").
a
RECITAL
A. The City has issued a Request for Proposals ("RFP") for the provision of
services ("Services") and Provider's proposal ("Proposal"), in response
thereto, has been selected as the most qualified proposal for the provision of the Services. The
RFP and the Proposal are sometimes referred to herein, collectively, as the Solicitation
Documents, and are by this reference incorporated into and made a part of this Agreement.
B. The Commission of the City of Miami, by Resolution No.
adopted on , 200_, approved the selection of Provider and authorized the City
Manager to execute a contract, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
2. TERM: The term of this Agreement shall be U commencing
on the effective date hereof.
02- 855
3. OPTION TO EXTEND: The City shall have option(s) to extend the term
hereof for a period of (__)________each, subject to availability and appropriation of
funds. City Commission approval shall not be required as long as the total extended term does
not exceed two (2) years, or a period equal to the original term of this Agreement, whichever is
longer.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that: (i) it possesses all
qualifications, licenses and expertise required under the Solicitation Documents for the
performance of the Services; (ii) it is riot delinquent in the payment of any sums due the City,
including payment of permit fees, occupational licenses, etc., nor in the performance of any
obligations to the City; (iii) all personnel assigned to perform the Services are and shall be, at all
times during the term hereof, fully qualified and trained to perform the tasks assigned to each;
and (iv) the Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on
the rates and schedules described in Attachment "B" hereto, which by this reference is
incorporated into this Agreement; provided, however, that in no event shall the amount of
compensation exceed $ [per year].
B. Unless otherwise specifically provided in Attachment `B", payment shall be made
within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by
crm:PSAFomil(a)-RFP(Corp) 2
®4?-- 855
sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed. If Provider is entitled to reimbursement
of travel expenses {i.e. Attachment "B" includes travel expenses as a specific item of
compensation], then all bills for travel expenses shall be submitted in accordance with Section
112.061, Florida Statutes.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit , or
cause to be audited, those books and records of Provider which are related to Provider's
performance under this Agreement. Provider agrees to maintain all such books and records at its
principal place of business for a period of three (3) years after final payment is made under this
Agreement.
B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Provider under this Agreement conform to the
terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make
cm:rsAForm1(a)-RPP(Corp) 3
02- 855
available to the City all reasonable facilities and assistance to facilitate the performance of tests
or inspections by City representatives. All tests and inspections shall be subject to, and made in
accordance with, the provisions of Section 18-55.2 of the Code of the City of Miami, Florida, as
same may be amended or supplemented, from time to time.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company 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 any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at
all reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and
ordinances as they may be amended from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
cm:PSAForml(a)-R"(Corp) 4 02- 855
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the performance or non-performance of the services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
whole or in part, by any act, omission, default or negligence (whether active or passive) of
Provider or its employees, agents or subcontractors (collectively referred to as "Provider"),
regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent
or contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the
paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with
the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless
the Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Provider, or any of its subcontractors, as provided above, for
which the Provider's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
cm:PSAForml(a)-RFP(Corp) 5
02_ 85-
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $4,500, or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (90 days if City Manager's decision is subject to
City Commission approval); or (iii) City has waived compliance with the procedure set forth in
this section by written instruments, signed by the City Manager.
14. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to Provider at least five (5) business days prior to the effective
date of such termination. In such event, the City shall pay to Provider compensation for services
rendered and expenses incurred prior to the effective date of termination. In no event shall the
cm:PSAForml(a)-RFP(Corp) 6
02_. 855
City be liable to Provider for any additional compensation, other than that provided herein, or for
any consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not
be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts
received while Provider was in default under this Agreement.
15. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such coverage
shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force
and effect and providing that it will not be canceled during the performance of the services under
this contract without thirty (30) calendar days prior written notice to the City. Completed
Certificates of Insurance shall be filed with the City prior to the performance of services
hereunder, provided, however, that Provider shall at any time upon request file duplicate copies
of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Provider of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
cm:PSAForml(a)-RFP(Corp) 7
02- 855
16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume of City
procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of
which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall
have the right to terminate and cancel this Agreement, without notice or penalty to the City, and
to eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false of misleading information as
to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
18. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in
the City's sole discretion.
19. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
=:PSAForn l(a)-RFP(Corp) 8 02- 855
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER: TO THE CITY:
20. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. 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.
D. Should any provision, paragraph, sentence, word or phrase 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 provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, 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 or limitation of its use.
cm:PSAFo=1(a)-RFP(CoM) 9 02— 855
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
22. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to
Provider, and agrees to provide workers' compensation insurance for any employee or agent of
Provider rendering services to the City under this Agreement.
23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
24. REAFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents.
25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
cm:PSAFomil(a)-RFP(Corp) 10
U2-~ 855
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect.
26. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
27. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if
applicable: ❑ ❑
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
"city"
CITY OF MIAMI, a municipal
ATTEST: corporation
By:
Priscilla A. Thompson, City Clerk Carlos A. Gimenez, City Manager
cm:PSAForm1(a)-RFP(Corp) 11
02-
g5
ATTEST:
Print Name:
Title: Corporate Secretary
APPROVED AS TO FORM AND
CORRECTNESS:
ALEJANDRO VILARELLO
City Attorney
Form I (a)-(RFP/Corporate)
"Provider"
a
By:
Print Name:
Title: President
corporation
APPROVED AS TO INSURANCE
REQUIREMENTS:
R. SUE WELLER
Acting Administrator
Risk Management
cm:PSAFonnl(a)-RFP(Corp) 12