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HomeMy WebLinkAboutR-01-0678f 0 0 J-01-477 7/10/01 01— 678 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION," WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXP:CU'rE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH JAffN A. GRANITO FOR REVIEW OF FUNCTTONAL ST RUC"TURE, OPERATIONAL PLANNING AND POLICY DEVELOPMENT PROVISIONS, MANAGEMENT PRACTICES, FLLD STAFFING PATTERNS, VEHICLE AND EQUIPMENT STA AND RESPONSE STATION COVERAGE FOR THE DEPARTMENT OF FIRE -RESCUE AT THE RATE OF $100 PER HOUR, FOR A TOTAL AMOUNT NOT TO EXCEED $24,900; ALLOCATING FINDS FROM CAPITAL IMPROVEMENT PROJECT NO. 313.047, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAP_rAI, TMPROVEMEN'T PROTECTS ORDINANCES, AS AMENDED. BE' IT RESOLVED BY T14E COMMISSTON OF FLORIDA: THE CITY OF ` MTAMT, Section 1. The City Manager is authorized!' to execute a Professional Services Agreement, in substantially the attached form, with John A. Granito for review of functional structure, operational planning and policy development provisions, li 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 City Charter and Code provisions. it& I 'It 2 HIMMINR an NUM ImssIo Or. JUL 1 0 2001 nseakdl= no. 678 0 • management: practices, field staffing patterns, vehicle and equipment status and response station coverage for the Department of Fire -Rescue at the rate of S1600 per hour, for a total amount not to exceed $24,900, with funds allocated from CAPTTAI, IMPROVEMENT PROJECT too. 311047, as appropriated by the Annual Appropriations and Capital Improvement Projects Ordinances, as amended. Section 2. This Resolution shall become effective .immediately upon its adoption and signature of the Mayor?'. PASSED AND ADOPTED this 10th day of July , 2001. JOE CAROLLO, MAYOR ie toe wih Mlami code sec. 2.36. skme the Mayor did not indoids SWMVW Of fib *tWAbn by oWng N in the deeignatod pltioe provided. said legielttfon now bm wee efective wkh the elapse of ton (10) days tram the dere of Oomwnlsobn Wiwi ATTEST; I 11 earrle, without the Mayor 0 veb. q2 (. Walter d. Raernan. WALTER J. E'OEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS:,"/ ..h ANDRO VI _.AR .1.0 C1' Y AT`rORNFY W5371:db: L13 =r If the Mayor does not sign this Resolution, it shaj! become effective at the end of ten calendar days frorn the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective itnm©diately upon override of the veto by the City Commission. . Page 2 of 2 o f 678 Form VI(b) SERVICES AGREEMENT OR PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of , 2001 by and between the City of Miami and John A. Granito ("Provider"). RECITALS: A. The City of Miami, Department of Fire Rescue, is in need of a review of the Department's functional structure, operational planning and policy development provisions, management practices, field staffing patterns, vehicle and equipment status, and response station coverage. B. Provider possesses all necessary qualifications and expertise to perform the Services. C. The City wishes to engage the services of Provider, and Provider wishes to perform the services for the City, 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: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. K-0100152 oi- 678 2. TERM; The term of this Agreement shall run until a final report is submitted for the City Manager's review with the following tentative timeframe: Preliminary documentation, May 2001, site visits to fire stations, June -July 2001, and final report August 2001. 3. OPTION TO EXTEND: 'There is not need to extend these services once fulfilled. 4. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described herein: cm:PSA.John Granito The review will gather general information allowing f'or the following types of observations and recommendations: 1. Qrganizational Structure and Staffing: Recommendations on organization will be aimed at structuring the department in accordance with hire Department goals, available resources, functions to be performed, titneframe, for services delivery, and geographic area to be covered. Staffing recommendations will be based in part on organizational recommendations, as well as on an analysis of present and projected workload. 2. Department Management and Control Practices: Discussed in this context will be the role of the Chief, the process by which internal operating policies are developed and communicated, the departmental planning process, and internal control practices. 3. Personnel Majigaement: Recommendations will cover the general personnel management practices but will be particularly cogni7Ant of the need to recruit, develop, and evaluate staff in a manner required to carry out the Fire -Rescue Department's mission, Training for all personnel levels will be evaluated. 4. Operations: Recommendations will be directed toward ensuring that staff engaged in field operations (Emergency Responses Division, Fire Prevention Bureau, Training Division) are properly deployed, supervised, equipped, and trained. 2 3.- 6'78 • • S. Technical Operations and Eauiument: Recommendations to update or change existing technology will be made, if necessary. 6. Physic 1 Plants and Equipment: Any needed recommendations to alter the location or layout of physical facilities will be made. Any needed recommendations for equipment and equipment maintenance will be presented. B. Provider represents and warrants to the City that Provider: (i) possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) it is not 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) is and shall be, at all times during the term hereof, fully qualified and trained to perform the Services; and (iv) the Services will be performed in the manner described above.. S. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be at the rate of $100.00 per hour while performing work on-site or at the Consultant's office, plus reimbursable expenses, with a fee and expenses total not to exceed $24,900. Reimbursable expenses shall be billed at cost or at city per diem rates for lodging and moats, and include expenses for personal auto, travel, rental auto, in -City travel, computer mapping, communications and mail costs, and Report word processing. B. Payment shall be made within thirty (30) clays after receipt of expense reports or final report, which shall be accompanied by sufficient supporting documentution and contain on:PSA.John Gnwito 01- 678 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. 'I'he 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. R. The City may, at reasonable times during the tern 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, if applicable. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests cin-PSAJohn Granito 4 01- 678 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 he/she has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that he/she 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, F lorida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure tinder 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 federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 11. INDEMNIFICA'T'ION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indcmnilees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or unTSA.John Granito 5 C)1- G,78 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 tate 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 tormer employee would otherwise be limited to payments under state Workers' Compensation or Similar laves. 12. DEFAULT: If Provider tails 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 effective date of termination. Should Provider be unable or unwilling to commence to perform on,l'.SA John t irenhu 6 ji- 678 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 ol'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 City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. cniTSA.John U inito IliIil. !Xi 7 01 6'78 0 • B. The City shall have the right to terminate this Agreement, without notice or liability 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 tiled 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 elianged 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. 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 cm -PSA Jolm Graniw 8 • • 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. 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. 18. 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 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: John A. Granito Deputy Chief Maurice L. Kemp Department of Fire -Rescue 444 SW 2 Avenue, 10th Floor Miami, Florida 33130 19. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. cm:PSA.John Graffito IIf lm"X8 9 01- 678 • 0 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. 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. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. 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, cm.PCA Juhn Granite 10 1.G 7 Q 000`.)92 and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 22. 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. 23. 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, negotiations, or rcpresentations not expressly set forth in this Agreement are of no force or effect. 24. 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. 25. APPROVAL BY TIIG OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result. contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board. 26. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if applicable: ... ..... cro:PSA.JOhn Granilo I t �r1IS IIIIili3�Riir 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. Alejandro Villarelo MARIO SOLDEVILLA City Attorney Administrator Risk Management Form'VI(b)-(No Formal process/No Program/No Comm. Approval/Individual =;PSAJohn Gralto oe=WOtJAW 440b 12 01. 678 "City" CITY OF MIAMI, a municipal ATTEST.. corporation By: Walter Foeman, City Clerk Carlos Gimenez, City Manager WITNESSES: "Provider John A. Granito Print Name: Print Name: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Alejandro Villarelo MARIO SOLDEVILLA City Attorney Administrator Risk Management Form'VI(b)-(No Formal process/No Program/No Comm. Approval/Individual =;PSAJohn Gralto oe=WOtJAW 440b 12 01. 678 • i CITY OF MIAMI, FLORIDA =17 INTER -OFFICE MEMORANDUM Tc Honorable Mayor and AM=f the City C ission i ez FROM er RECOMMENDA110N PATE . 4,lN L . Fu E SUBJECT Memorandum of Agreement John Granito REFERENOES Resolution, Contract ENCLOSURES It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute a Professional Services Agreement with John A. Granito for the purpose of providing a review of the Department of Fire -Rescue's functional, structure, operational planning and policy development provisions, management practices, field staffing patterns, vehicle and equipment status, and response station coverage. The cost of said services will be at a rate of $100.00 per hour, plus reimbursable expenses, with a fee and expenses total not to exceed 524,900. Funds are available from CIP project number 311047. BACKGROUND The Department of Fire -Rescue is in need of a study to examine the organizational structure and staffing, control practices, personnel management, operations and equipment and physical plants to determine if any of these areas can be improved to maximize performance and quality service to the citizens of the City of Miami. CAG/W//LK/TF/mgr rM.059 �rir of- 678 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Judy S. Carter, Director May 24, 2001 FM-061.doc TO: Department of Purchasing DATE - FILE: j suerecr Memorandum of Agreement John A. Granito ief Wi liam W. Bryson, Director REFERENCES: Commission Meeting Department of Fire -Rescue Resolution ENCLOSURES: 711e Department of Fire -Rescue has verified that funding is available to enter into an agreement with Mr. John A. Granito for the purpose of providing a review of the Department of Fire -Rescue's functional structure, operational planning and policy development provisions, etc. Funds are available from CIP project #311047 in an amount not to exceed $24,900. Budget Approval: ..fir Linda M. Haskins, Director/Designee 15216 CIP Approval. C -AA, Piloxi7 Administrator Date W WBr&7 1mgr FM-061.doc vi- 678