HomeMy WebLinkAboutR-01-1142J-01-887
10/9/01
RESOLUTION NO. _ -- 4 2
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A
FOUR-FIFTHS (4/5Txs) AFFIRMATIVE VOTE, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND APPROVING THE ACQUISITION OF
MAINTENANCE AND SUPPORT SERVICES FOR THE
EXISTING FASTER FLEET MANAGEMENT SYSTEM FOR THE
PERIOD OF 10/01/00 THROUGH 9/30/01 FOR THE
DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION
AND FIRE -RESCUE FROM C.C.G. SYSTEMS, IN AN
AMOUNT NOT TO EXCEED $5,618; ALLOCATING FUNDS
FROM GENERAL SERVICES ADMINISTRATION, ACCOUNT
CODE NO. 503001.420905.6.670 (FY 00-01), IN THE
AMOUNT OF $4,494, AND FIRE -RESCUE, ACCOUNT CODE
NO. 001000.280601..6.340 (FY 00-01), IN THE
AMOUNT OF $1,124.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. By a fourth --fifths (4/5�hs) affirmative vote
of the members of the City Commission, the City Manager's finding
of an emergency, waiving the requirements for competitive sealed
bidding procedures, and approving the acquisition of maintenance
and support services for the existing FASTER Fleet Management
System for the period of 10/01/00 through 9/30/01 for the
Departments of General Services Administration and Fire -Rescue
from C.C.G. Systems, in an amount not to exceed $5,618, is
,ITY COIKISSION
NEFTI G OF
OCT 7 5 2 191
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ratified, approved and confirmed, with funds allocated from
General Services Administration, Account Code
No. 503001. 420905. 6. 670 (FY 00-01), in the amount of $4,494, and
Fire -Rescue, Account Code No. 001000. 2806CI. 6. 340 (FY 00-01), in
the amount of $1,124.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!/
PASSED AND ADOPTED this 25th day of October , 2001.
JOE CAROLLO, MAYOR
tho M?yor did n t lndjc.c ,%,.�. p;^nIF7,s of
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C[i aftili'1 &.rues 5; 1 � i jv t k,:)rv%
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APP/VE/ IS T/FORM AND CORRECTNESS
JANDRO VILARELLO
ITY ATTORNEY
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l� Ii 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 2 of 2
• CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
The Honorable Mayor and Members
of the City Commission
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FROM Carlos GimeneZ
City Manager
RECOMMENDATION
19
DATE
Resolution Ratifying City
SUBJECT: Manager's Action
Emergency Purchase -
REFERENCES: Maintenance & Support
Services for FASTER
ENCLOSURES: Fleet Management System
FILE:
It is respectfully recommended that the City Commission adopt the attached Resolution, by a
4/5ths affirmative vote, ratifying, approving and confirming the City Manager's finding and
recommendation to proceed, on an emergency basis, to acquire Maintenance and Support Services
for the existing FASTER Fleet Management System to cover a period commencing 10/1/00
through 9130/01, from C.C.G. Systems, in a total amount of $5,618, for the Departments of
General Services Administration and Fire -Rescue. Funds are available from the Departments of
General Services Administration, Account Code No, 503001.420905.6.670, in the amount of
$4,494 (FY00-01) and Fire -Rescue, Account Code No. 001000.280601.6.340, in the amount of
$1,124 (FY00-01).
BACKGROUND
On June 23, 1998, the City Commission adopted Resolution No. 98-656 affirming the acquisition,
installation and related training of a fleet management software system (FASTER) for the
Departments of General Services Administration ("G.S.A.") and Fire -Rescue, in a total amount
not to exceed $75,000 (see "Attachment A"). In addition, an agreement between C.C.G. Systems
(vendor) and the City of Miami was executed (see "Attachment B"). The FASTER system was
critical in providing the ability for the Department of G.S.A. and Fire -Rescue Maintenance Garage
to provide records management, improve efficiency, and realize operational savings. As essential
was the maintenance and support services for the FASTER system, which included a 24-hour toll-
free telephone support and covered all customizations, upgrade and enhancements to the system.
The agreement included the maintenance and support services for one year with the option to
extend for three (3) additional one-year periods.
FASTER was finally implemented in the month of August,1999. It was not until the City received
a recent FASTER Invoice, that the Department of Information Technology advised G.S.A.'s Fleet
Division that the original Resolution No. 98-656 omitted the verbiage for maintenance and
support services and did not include sufficient funds for the maintenance and support fees. Thus,
both G.S.A. and Fire -Rescue would not be able to pay the outstanding invoice covering the
maintenance and support services for the period commencing 10/01/00 through 9/30/01. As a
result of the outstanding payment, the need, for the FASTER system to have proper maintenance,
and the August City Commission break, an emergency purchase was requested to promptly pay
the outstanding invoice, in a total amount of $5,618. Both
J-
10/2/01
The Honorable Mayor and Members
of the City Commission
Page 2 of 2
Departments are currently reviewing the maintenance and support agreement and will be
taking legislation before the City Commission to address future maintenance and support
needs for the FASTER system.
CAG=Arl
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM CITY MANAGERS OFFICE
;,.,A
Carlos A. Gimenez August 7, 2001
70 : DATE: FILE:
City Manager
SUBJECT: Emergency Purchase for
Maintenance & Support
Services for FASTER
FROM: Alex. J. Martinez REFERENCES: Fleet Management System
Acting Director
General Services Administration ENCLOSURES:
Description of Commodity/Services Needed
It is necessary for the Departments of General Services Administration (G.S.A.), Fleet
Division, and Fire -Rescue, Maintenance Garage, to acquire Maintenance and Support
Services for the existing FASTER Fleet Management System.
The fleet management software system is critical to provide record management,
improve efficiency, and realize operational savings for the aforementioned
Departments. The maintenance and support services includes the following: 24-hour
toll-free telephone support and all enhancements and updates to the software and
documentation at no cost to the City, except for the maintenance and support fee, if
any, paid each year; the Contractor responds to all maintenance and support requests
within 8 hours; provides on-site maintenance and support to correct any defect in the
System that is not corrected by other means within 48 hours of a report of the defect by
the City; software enhancements and updates provided by the Contractor under the
maintenance and support agreement will incorporate customizations, upgrade and
enhancements to the System and all software specially developed by the City.
History
On June 23, 1998, the City Commission adopted Resolution No. 98-656 affirming the
acquisition, installation and related training of a fleet management software system
(FASTER) for the Departments of General Services Administration and Fire -Rescue, in a
total amount not to exceed $75,000. In addition, an Agreement between the Contractor,
C.C.G. Systems, and the City of Miami was executed. The agreement included
maintenance and support services provided to the City for the system for as long as the
City desired those services. FASTER was not implemented until the month of August,
1999.
It was not until a recent FASTER Invoice that it was brought to our attention that the
original Resolution No. 98-656 omitted the verbiage for Maintenance and Support
Services. Thus, the Department of Purchasing did not allow the City to pay the
outstanding invoice covering Support Services for the FASTER Fleet Management
Software for the Period 10/1/00 through 9/30/01.
a '7
At this time, we respectfully request an Emergency Purchase approval to pay for the
FASTER Maintenance and Support Services Fee for the Period of 10/01/00 through
9/30/01, in a total amount of $5,618 (G.S.A., in the amount of $4,494 and Fire -Rescue, in
the amount of $1,124). The Departments of G.S.A. and Fire -Rescue will be taking
legislation before the Commission during the month of September to amend the
original Resolution No. 98-656 to include the acquisition of Maintenance and Support
Services.
BUDGET APPROVAL:
Funding is available from the Department of General Services Administration,
Account Code No. 503001.420905.6.670 ($4,494) & Fire -Rescue, Account Code
No. 001000.280601.6.340 ($1,1.24).
Department of Budget and Management
` Linda M. Haskins
Director
IT APPROVAL:
APPROVED/ DISAPPROVED:
Department of Information Technology
Aldo Stancato
Chief Information Officer
DATE:
0"M to
APPROVED ISAPPROVED: DATE: r
City Manaks
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"ATTACHMENT'"
RESOLUTION ANO.-
A RESOLUTION, BY A 4/15THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION. AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFVING, APPROVING
�1ND CONFIRMING THE CITY MANAGER'S FINDING THAT
COMPETITIVE SEALED BIDDING PROCEDURES ARE NOT
PRACTICAL AND ADVANTAGEOUS FOR THE
PROCUREMENT, INSTALLATION, AND RELATED TRAINING
OF A FLEET MANAGEMENT SOFTWARE SYSTEM FOR THE
DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION
(GSA), FLEET MANAGEMENT DIVISION AND FIRE -RESCUE,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED
BIDDING PROCEDURES AND APPROVING A CONTRACT
AWARD TO CCG sYBTEiM$, INC., AT A TOTAL AMOUNT
NOT TO EXCEED 075,000.00: ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
"WORK ORDER AND PROJECT MANAGEMENT SYSTEM%
PROJECT NO. 511604•
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WHEREAS, a Fleet Management Software System is critical to the ability of the
Department of General Services Administration's Fleet Management Division and tate
Fire-Aeaaus Maintenance Garege to provide records msnagernO t, improve efficiency, and
realize operational savings; and
WHEREAS. for the past eight months the Departments of General Services
Administration, Fire -Rescue, Information Technology and Purchasing have been identifying,
evelLm ting and developing the best available system to meet the city's needs, and
WHEREAS, due to the amount of time already invested in the process of acquiring
JUN 2 31998
AMM&SX&
said system. it is not me" or advantageous for the competitive sealed bidding process;
Arid
-WHEREAS. the City Manager has determined that it is prsotieel and advantageous
to welve competitive salad bids and proceed with die award of this contract to CCG
Systems, inc.; and
WHEREAS, funds ' for this service are available from the Capital Improvement
Program. "Work Order and Project Management System". Project No. 311604; and
WHEREAS, the City Manager and the Director of the Department of General
Services Administration recommend that the requirements for cornpatitiva formal sealed
bids be 'waived and the procurement. Installation and related training for •a fleet
Management Software System from CO Systems, Inc.. be approved;
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 hereby adopted by reference thereto and incorporated herein a$ if fully set forth In this
Section.
Section 2. 6y a four-fifths (416"1 affirmative vote of the members of the City
Commission, after a duly advertised public hoofing, the City Commission hereby ratifies,
approves, and confirms the City Manager's finding that competitive bidding procedures are
not pedicel or advantageous for the procurement, installation, and related training of a
Flat Management Software System, for the Departments of General Services
Administration, Fleet Management Division and Fire-Aescue, waiving the raquirements for
competitive sealed bidding procedures and approving a contract award to CCS System -
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., at a total amount not to exceed $76,000.00, with funds therefor hereby allocated
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from the Cepitel ImproveaWt Progrem. "Woe* Order and Project MWapemsnt SYsann",
Protect NO. 311604.
Section 3. This Resolution shall tsecomg effective immediately upon in sdoptian.
PASSED AND ADOPTED tllia2r_ day of June v 986.
JOE CAROLLO, MAYOR
In emdmirm wkh Miaml Cade Sec. 2.36. sk= the Maya did not hUM9 aVPMVC' Of
IIS !!dela by sipft N in the &Wr ted Puce pwAdW. said kos!ation no -w
bscsws affedwe Wllh do etapae of ten (10) ye frmn date of ' !cn actio+
ATTEST: swW wkhad Vw Mayor e
CW Clerk
WALTER J. FOEMAN, CITY CLERK
A OVED f T FO NO CORRECTNESSt/
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CITY ATTORNEY WTI
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• "ATTACHMENT B” ( •
This Contract, made and entered into on this day of , 1998 by and between
C.C.G. Systems Inc., a Wginia corporation qualified to do business, in the state of Florida
{hereinafter referred to as "Contractor") and the City of Mani, a nwWeqW corporatim of the
State of Florida, (hereinafter refaTel to as "City').
RECITALS
WHEREAS. the City is in meed of a Data Manage rneW System for Fleet manageMM
Facility for the Departments of General Services Administration and Fine and Reswe; and
WHEREAS, the Contractor is an hWgmWart contractor who is oWer sed is providing
the products and services desaibed in this Contract; and
WHEREAS, the City and Contractor wish to aver into this Corrtr = to at forth the
terms and conditions for the provision of said products and services; and
WHEREAS, the City CoamiWon, by Resolution No. 98- t6O , adopted ane 23,
1996, has approved the execution of this Conum.
Now, TBLREFORE, in consideration of the foregoing and of the mutual covenants set
forth herein, the parties agree as follows:
1.0 PRODUCT AND SER3=i The Contractor agrees to
provide to the City, in the manner and within the tine set forth in this Contract, the Software
License for the "Systems", as hersivaf e r defined, the Support Services, the Professional Se ACM
and outer services described in Extubit "A", which is attached hereto and made a part of this
Contract. For purposes of this Contru;t, the term "System" refers to software and software
interfaces, including customisation of modified software, constituting a Data Management System
for Fleet Management Facility, that meets the business, fuwtionai and technical Wcdfications set
out by City and Contractor. The Software License, the Support Services, the Professional
Services and o_ then =vim daecribed in Fade'bit "A" me herein retferred to, collet�ivdy, as the
"Products Services".
2.0 The following terms and conditions apply to the Software
License:
2.1 The Contractor grants the City a papeaW license to the System software, subject to the
parties' specified termination rights for the default, and to the City's right to terminate without
cause or penalty.
2.2 The Contnotar warrants, for a period of ninety (90) days from the date of installation (a)
that the version of the System igatWed, with perform in substa tW, coafior * with all fwwtianal
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mid technical specifications set forth in documentation and otter materiels provided by
Contractor, and that the System will ye upwardly compatible with all changes and upgrades made
by the Contractor, (b) that in the eve* dist a version of the system fps to perform in aecordum
with aU written documentation and specification, repairs will be initiated on the software within
48 hours of notification of problems and if the problems are not resolved within 30 days, the City,
in addition to other leg* remedies, will be reimbursed for all hioemse, inshdhdon and training fees
paid the Contractor, (c) that each version of the System will be virus free; and (d) that the System
will function with date vaktes equal to or granter than January 1, 2000. For a period of ninety
(90) days following installation, Conbutor agrees to design, coder check out, document end
deliver promptly any amendmems or alterations to the so*ware that may be tcqubvd to cortzct
errors present at the time of acceptance. This wanrtatty is Bond agan upon City advising the
Contactor, im writing of such errors within nicety (90) days £rem instel4ation.
2.3 The City shall own all rights to All site specific software specially developed or created for
the City. to customixabion 1 to the System software made by the antractor or the City or its
conbutors, and to alt written muerWs. crewed by the C nautor for the City, bduding
proposals. all planning, specificatio% and r'e*dreitrmtt doauntents, end all reports reprdu* the
City's System project. Any custom software module(s) designed by Contractor for the City that
has appkcabri4ty to other fleet operations may be shared with outer Contractor antomers. ff
Contrwtor markets the rrtodule(s) for an additional cost, the City recaves 10% of the procoeds
from each sale until Contractor reimburses the City for the total cost charged to the City to
develop the mnodule(s).
2.4 The Contractor will indemnify the City for all claims arising from the acts or omissions of
the Contractor or its agents or contactors under this Contract, and for all claims that tete System
infringes upon an intellectual property or proprietary rigor.
2.5 Contractor agrees to keep and maintain a copy of the source code, and any amendments
or revisions thaeof, in "crow, punuutt to an escrow agreement (the "Escrow Agreemse) by
and arsons Contractor, the City and escrow agent. Contractor a>tell provide the City with the
name and address of the escrow agent and a copy of the escrow agrmient within. 30 days of the
execution of this Contract. Contractor shall pay all costs of providing and maiwining copies of
the source code placed in escrow. Source code shall be reproduced and maintained on magnetic
tape or disk using a oomutwntty accepted data recording protocol. Program doaunentation
sufficient to allow a competent programmer to use and wisoaim the source cont inducting arty
changaa„ shall be ddivered to the escrow &Sant not lata lien 48 hours after any clue ww are
effected. The Escrow Ag mt meat shall direct and authorise tike escrow &am to release the source
axle to the City at no additional cost, with n ten (10) days after reodpt of the City's written
request thereof; which abaft include one complete copy of the programming code or codes, if any,
used in the preparation and operation of the System, whether dedgmed or written by Contractor.
any subcontractor, or any other supplier under this Contract, updated to the date of delivery, upon
the occurrence of any of the following events:
2.5.1 AU or any mateial part of the' source; coda is Senor* made avaihable, with or
without cost, to other users of comparable software;
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2.5.2 Failure to perform customizationor modification as agreed,
2.5.3 Contractor, or.any subcontracctor.or supplier who has provided all or any portion
of the source coder ceases to do business for any reason;
2.5.4 Costtractor fails to adequately maintain the SYSTEM pumk% rt to this Contract;
2.3.S Bankruptcy. receivership, insolvency, reorganization, dissolution, liquidation or
other similar proceedings are instituted by or against Contractor r, or eery s<rboorrtracwr or
supplier who has provided ail or any portion of ft source code, under any Federal or
State law and such proceedings are not dL=nisscd within 30 days.
3.0 HAOMM&W AND AUUMM
3.1 The Contractor will provide maintee &= and support service to the City for the System
for so long as the City desires those services.
3.2 The City will conduct an acceptance test of the balsa System. This test will be conducted
for 90 days after mon of the base System. If accepted, the City will notify the Cortdactor
of its acceptance. in writietgr within a period of30-daysfollowing the canclusdon ofthe ance'
test (the-Accepu tcce Leiter"). The NWnteaaercc and Support agreemot will comrae
akwitaneously with the expiration of the warranty described in Section 2.2 above.
3.3 The City will pay the maintenance and support services in accordance with the
compensation schedule set forth in Section 6. The City shalt have the option to exte:td the term
of the Maintenance and Support agreernent for three (3) additional terms of one (l) year each, at
the same cost as set forth in Section 6 below. provided there is no change in the original
implementation. Thersafter, the cost of maintenum sad support services win be agreed upon in
writing by both parties.
3.4 The maintenance and support services will include 24-hour toll-free telephone support Orel
all enhancements and updates to the software artd dooutn melon at no cost to the City, except for
the maintenance and support f* if any, paid each year The Contractor shall respond to all
maintenance and support requests within tight (9) hours, or as otherwise specified m this
Contract. in addition, the Counictor will provide on-site maintenance and suppon to correct my
defect in tke System that is. am corrected by other ,,roam within 419 hours of a report of the defect
by the City.
3.5 The software gehancements and updates provided by the Contractor tinder the
maintenance and support agreement will incorporate customizations uredo to the System for the
City by the Contractor.
3.6 The maintenance and support services will cover an customia atiouna, upgrade and
ethaercameats to the System rand all software specially developed for #ire City.
3.7 The Contractor coil! provide mmumme, and support de=IW above for all tlwd-party
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software 'prow i od with the Contractor's System softwate (other than third -party software
generally required for the operation.. of tib hardwdro). The Contractor, will not use any,
subcontractor to provide services to tfie City wiihout the written permission of the City.
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4.0 FROJISSIONAL The following terms and conditions apply to
Professtionat Services and shall cover instauaw n, conggumon, hwrag, and software
customization as follows:
4.1 The Con4=W warrants that on the date of this Contract, RW at all nines during the term
hereof, the Conumor, its personnel, and all subcontractors, if day, have the necessary dcM
experience, and knowledge to provide the samees, that personnel assigned to provide services to
the City will devote all necessary time and effort on a first priority basis to providing Mvk= to
the City, and that all services provided well be performed in a professional manner and in
acoordum with all applicable industry standards.
4.2 The Contractor warrants that the System aria meet the purpose for which tt was designed.
4.3 The City will have the tmredricted right to rcgt&e the Contrutor to replacer its assigned
personnel to provide services to the City with other personnel. The addition or promotion of any
personnel to key positions wkWa the project must be approved by the City in writing. Me City
requires that Contrdntoes Ivey pawanel not be removed 8tom the project unless approved in
writing by the City- Any key personnel leaving the project tildes cid be pad the
Contrucxor's control must be replaced with eequivaleatly qualified Persons and must be approved in
writing by the City. Likewise, the Contractor agrooa to replace any of the Contractoes personnel
whose performance is judged by the City to be uasrttiafaatory during the course of the prcica
4.4 The Contractor will be solely responsible for identifying and requesting from the City the
information,1kcilities, equipment, or personnel required by the Contractor to provide the sexv M
to the City. The City shall have the option to satisfy the request. to refuse to satisfy the request,
or to teeminatc the services and other related agreement. The Coeirector will be solely
responsible for all consequences of its failure to identify and requat required information,
fW ities, equipment or personnel of the City.
4.5 Before conducting any training of the City's personnel, the Contractor will provide all
MWES material to the City for its review and approval. The City will own all materials
detveiopelcally for training of its personnel.
4.6 The Contractor will be solely respmuble for correcting at its expense all cornsequencea of
its error or omissions in providing services to the City.
4.7 At least monthly, the Contractor will provide a report to the City desen'bing all services
provided during the preceding month, the semen to be provided during the =ran and two
ro t moa ft and any variance from established deadlines or budgets for the service:,
4.8 The Contractor will assist the City in any way necessary to migraae the City's $yon Bunt
the Cotntractoes software; to any other software selected by the City in the fun re in tum event that
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the: City elects or is required to cease using the Contr�uctoes System software. These migration
services will include unloa►d'ing the System database,, providing all nec4ssary information about the
database structure, assWing in loading the new'database, converting data, -and assisting in parallel
Operation.
5.1 This project will be completed in two pusses, as follows:
Phase b Phase I consists of the installation and impleassexrtatiotz of the current
version of the "FASTER' System, as described in Exhibit "A" to this Contract. please I shall
commence ion m&atdy upon execution of this Contract and shall be completed no eater than 30 to
45 days after the execution hereof. Phase I shall be deerned completed when the Syst= is Bally
operational at all i"g, with all profassionsl a raca provided. Compieeion shall be determined by
the City, in its sole discretion. The City's twesentative,A211 nOtify C, M&Mr, in writing, of the
City's acceptance of completion of Phase I. It is undasbood and agreed that, in the event that' the
Faster CIS "System is released by the time Phase I is scheduled to coa>'nmee, than the City shay
waive completion of Plisse I ask! proceed directly to Phase U.
Phase II consists of the iastallation of the Windows NT version of the
"FASTER GS" system. Phase II sial) commence upon the gnat release of the FAST9R GS
Systann and shall be completed not latex than Say to 45 days thereadter. Phase [I stall be deemed
completed when the System is filly operational at all sites, with all profesmonal safvives provided.
Completion stall be determined by the City. The City's remr entative stall notify Contractor, in
writing, of the City's acceptance of completion of Phase U.
5.2 The City shall have the right to require installation assistance for Phew II, In such event,
the City will compensate the Contractor for reasonable travel expenses not to exceed Five
Thousand Dollars ($5.000.00). No payment will be :Wade for these expenses untg the software is
installed and fully operational.
5.3 Both Phase I and Phase II shag prepare the "FASTER" System for final connectivity with
Oracle, which is the City s chosen database.
6.0 =-. In consideration of the proper end timely perfornance of
Contract 'ss Obligadons under this Cont &C4 the City agras to pay to Contractor compOnudOn
for the software hca a and the provision of professional and other service, asset forth in this
section. Prices and fees are exclusive of all fcdecat, state, municipal, or other govgtu ML excises
sales, use, occupational, or like taxes now in force or ancted in the Anure. The City vA supply a
certificate of exemption in order to exempt the sale of Services and Products hemnder from salsa
or use tax liability_
6.l �sfstc The amount of caampassetion allocated to Software and
Licatsh* is 537,450, which dell be paid as Mows: .
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�:1A) 30'/e upon full execution of this agreement
(b) 30% upon satisfactory insult tion of the software
(c) 204A upon cotnpletian of Initial Training (as de5ned in ExhIbk "A)
(d) 20% upon issuance of the Acceptance i,etter and compledan of pollow.up
Training (as de#'ried in Exhibit "A)-
6.2 The amount of compensation allocated to the provision of
professional services. which include project mmWment, installaaion and Otte training Sees,
shell be based oo the rates described m Exlubit "A" ha to. The total sum payable under this
COMM, including fess sad expenses, shall not exceed $21,932.
6.3 payment for data conversion sedates shall be bayed
on the rates described in Exhibit "A" hereto, not to exceed $10,000.. The City awn prm-approve
all rtes of conversion.
6.4 SAI SUp�� Annual Support Fee is the amount of anmML compo satioa
due and payable under the Maintenance and Support Agreement. The aamual &*port fee for the
f est term of tba Maintenance and Support Ag mnem (and for the nest wccee ft dM (3) yew
should the City elect to extend the term of the Aymemau) is $3,618. The first payor W of =mud
support fee shall be due within thirty (30) days atter -the aommOvAme rat of the term of the'
agreement and shell be in an amourt prorated from the date that the first payment is due drotg1h
September 30: it being the intent of the parties that the Annual support fes will be prorated based
on the City's Fiscal Year and paid on an a natal basis. Thaafter, each payment of annual support
fee small be due on October 1, of each year,. In the went that the last amoral support saviees
terminate or expire before the end of the City's Fiscal Year, (i.e.. before September 3061 thea the
last anneal payrnmt shall be adjusted accordingly to rodeo the proration based on the act M
number of days of services rendered. If customization of the base Systern requires additional
&al support Pecs, both parties must MM to any adjustment in the annual support fee amount.
6.5 Mazimam Contract Ampun2t.,The Contractor agrees to accept the fee(s) stated
under this Swd0n, in hill compensation for the performance of this Coi tract and w3 mowledges
and agrxes that the total compensation payable Haider this Contract shall not exceed the sum of
Seventy Five Thousand Dollars and 001140 (57S,000).
6.6A!1 payments due under subsections 6. 1, 6.2 and 6.3 hereof
shall be . mjde withk forty five (43) days after the City's rec,* of Contractors invoice, whin
shall be A&ompanied by (1) a certification by the City lxroject MAUMW that the work for which
payment is being sougfit has bow completed to the City's sadshcdon, and within the time
cegWred for perfoMVW under this Contract, and (ii) sufficient suppotting docwrrrantation
containing sufficient detail, to allow a proper audit of expenditures, should the City roquire ornc to
be paformed. If Contractor is endded to rtimburserneint of travel mcperues, tiara all bills for
travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. All
invoices and documentation required to be provided to the City shall be addreased to:
6
X11 01-LAll Vr MIAMI P i7"1J" 1 VIA--21*XM . ••••7 v. iota". -- -
Alan Savarese, Fleet Manages'
City of Miami
1390 N.W. 20th St.
btiiami Florida 33142
7.0 jMEUk jj RAN&= The parties aaknowledga that time is of the easenoa
to this Contract and that Contractor's failure to perform its obligations within the time speciFi ld
herein, will caust irreparable harm to the City. Accordingly, the City and Contractor agree that
Contractor shall pay to the City the stem of (i) $40.00 per day, for each day that completion of
Phase Y is delayed beyond the agreed upon schedule; amt (ii) $ 60.00 per day for each day that
completion of Phases 11 is delayed beyond the agreed upon schedule. For purposes of this section
"Completion" of Phases I and H shell be determined in accordance with the provision$ of Section
S. I above.
1l.0
8.1 Contractor agrees to indemnify the City and its officers, agents, and employees against all
[lability, including costa and expenses, including attomeys fee, arising out o£ or in connection
with, aay iafiingement or alleged infringernent upon any copyright in ani► WRY reWft to.
Contractor's acttvides under this Contract or out of the use of the products and • Wvicea
thereunder. This includes, but n not limited to, the reproduction of operating rt raWs dad
training mammis as considered necessary. The Contractor fiutha agrws to indemnify the City far
all losses and consapmaial damages incurred if the City's computer system is affected by the
installation of the System.
8.2 The Contractor agrees to defend the City, at Contractor's own expense, in all suits, actions
or proceedings in which the City is made a defendant for actress! or alleged of any
United States of America or foreign letters of patent reaulting from the City's use of the goods or
services purchased fiom C.C.G. Systems as a reach of this Contract. The Contractor Author
agrees to pay and disdWge any and all Judgments or decrees which may be rendered in such suit,
action or proceedings against the City. The Contractor agrees to indemnify and bold harmless the
City from any and all license, royahy and proprietary fees or costs, inctud'mg legs[ costs, which
may arise out of the City's purchsse and use of goods or services supplied by the Contractor.
9.0 DEFAULT: If Contractor fails to comply with any tam or condition of this Aarmement,
or fails tgperform any of its obligations hereunder, then Contractor shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all legal remedies aVA"We to it by law,
may immediately, upon written notice to Conuwwr, terminate this Agreement whereupon all
payments, advances, or other compensation paid by the City to Contractor while Contractor was
in default shall be harnediateiy returned to the City. Contractor undavUads and agrew that
lentunation of this Agreement under thio Section shall not release Contractor from any obligation
accruing prior to the effective date of termination.
10.0 IS OF TEM S0VTW The City mcognizal that the
eornpttter ptogrima, system doaunattation maeauls, and other materials aup *W by the
Contractor era subject to the proprietary rights of the C01*140r. The City agrees that the
7
-NM By, -CITY OF MIAMI :5-15- 1 ►11=44M 4t Ly of Mlanty eua a%a Oullim 9
programs, docu%lituion and all information or data supplied by the Contractor, are trade secrets
and are protected by law. The City fiwdw understands. that the opts w manuals, training aids
and other Written materiels are subject to the copyriot act of the United States.
11.0 The computer pry and other
items supplied by the Contractor are for the sole use of the C' at its kmtEio�na,
a+oricstations o � � �
Peed by the City. The City agrees not to copy, duplicate or permit anyone dse
to copy or duplicate, any physical or magnetic version of the proSrAms, locum I Isdon, or
information iarniahed by Contractor. This provision, however, shell not be darned to prof" the
City from Vnaldog regular backups of all programs and data. Furthermore, the City is hereby
authorized to copy for its we the operator manuals, trailing materials, and odd CCMW l copies
made for dish ibution.
12'0 The City dull not teaser, assip or Gems*
its dow to use the progr=W documentation, tnWWWS And other' nMerials rMfied by do
Contractor under this Contract without the Contractor's prior written waiestt.
13.0 MULUMU WrM LAWS; The Contractor shall obtain and maintain A Gcensea,
Mita. flabl' hwrx cG workees compensation iaaa nwe Aid comply with any And all other
standards or regulations required by Federal, Sate or City-Cosmty MMte4 ordinances ,sod ruks-
during the perfvmume of any cont= between the Contraaor and the City- Any
such
requirement specifically set forth in any contract dogmwm between the Contractor And the City
Ad be supplenamtwy to oris item Gad not is xjxtiwdon thereof.
14.0- All noticea or other Ma nicatious which may be given pursuant to ft
Contract muwriting and shall be deemed property served if delivered by persoeat service
Or by certified map) addressed to City and the Contractor at the address indicated herein or as the
same eery be changed from time to titre. Such notice shall be deaned given on the day on which
peraonaUy served, or if by certified mail, oro the fifth day after being posted or the date of actaW
receipt, whichever is earlier:
Alan 3avarew, Jqeft Manager
City ofMu w
1390 N.W. 20 Street
Afuunk,FL 33142
QQxMCMR
M. Lyrm Stul^ Vice President
CCO Systam inc._
2200 Colonial Avewe, Suite 23
Norfolk, Vas. 23517-1920
15.0 JERMW r Either party may terminate, this Amt, without cause, by
Providretg thirty (30) days prior written notice.
16.0 A�NMM: This Contract and the documents hxmporated by refumme herein
conatitut0 the entire Cogtt'aa between the City and Connector irwhWmg all ficenn agreements,
maintLon aaea And wpport agree Professional Services mormamnts, tied other applicable
affmmts. DeviahOM #tom theea terms and condition arc not valid unless cord meed in writing
by the City and COntraCW and incorporated as a written anrdWaxot to this Cor &am
I
B
a
JG�i Di •{.l 1 { l!L �I i . t7'ic7— 1 +11 •'f�7Al� t a 9 67 us Miami-
17.0
iami-17.0 INSLMMCL The Contractor shall at all times during the term hereof, maintain
such insurance coverage as may be required by.the City. Vpon the City's request, Contractor shall
submit to the City evidence ofcampftaece with City's insurance requirements.
1s.0 AUDff AND IN The City may, at muorlable times, and for a
POW of up to three (3) years following the date of final payment by the City to the Contractor
under this Contract, audit, or cause to be audited, those books and records of Comraetor which
are related to its Performance under this Contract. Contractor agrees to maintain ail such books
OW records at its Principal place of business for a period of three (3) yews after find payment is
made under this Contract.
19.0 CAU pF AGREEMENT: Contractor reprosents and warrants to the City that
it has not employed or retained my person or company employed by the City to solicit or secure
this Contract and that it has not ofted to Pay, paid, or agreed to pay any person wry f'ee,
commission, percentage, brokerage fm or Sift of any scrod condogent upon or in oomec tion with,
the award of this Ag+e meat .
20.0 E M- Contractor understands that the public shall have access. at
AU reasonable tier^ to all documents and i *wwtion pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and *ees to allow access by the City and the public•
to all documents subject to disclosure under applicable law. Contractor's failure or refusal to
comply with the provisions of this section shall constitute an event of dWWR under this Contract.
21.0 • Contractor represents and warrants to the City that
Contractor does not and wdl not engage in d4criminatory prima and that there shall be no
discrimination in connection with Contractor's pefornume under this Contract on account of
rave, color, am religion, age, handicap, marital status or national origin. Contractor further
coveamm that no otherwise qualified individual shall, solely by reason of M lher race, color, sex,
religion, age, handicap, marital status or national origin, be excluded t rom participation in, be
denied services, c r be subject to discrimination under any provision of this Agreement.
22.0 Contractor bas been procured and is being
engaged to Provide services to the City u an independent contractor, and not as an agent or
employee of the City. Accordingly, Contractor shall not attain, nor be entitled to, any ri8hts or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights geawally
afforded classified or unclassified employees. Contractor &rther understands that Florida
Workwa' tompensWon benefits avallaWe to employees of the City are not available to
Contractor, and agrees to provide workers' compensation insurance for any employee or agent of
Contractor rendering services to the City under this Contract.
23.0Funding for this Agreemen is condagernt on
the availability of fiords and continued authorization for program activities and the Agreanant is
subject to amendment or temtination due to lack of funds, reduction of iitnds andlor dunge in
regulations, upon thirty (30) days notice.
9
•1.1I I W SIMI + +7"lt7' 1 ill;40 1 + .ter 4T M19101-9 t++w tr*0 OU10+*11
A• This Agreement sha11 be construed and enforced accordding to the lays of the State
of Florida.
B. Tide and paragraph headings are for conven iml refem" and are not a part of this
Agreemcat.
C. No waiver or breach of arty provision of this Agreement shat[ constitute a waiver
of aPY subsequent breach of the same or say odd provision and no waiver shall be
effective unlou made in wridnX
D. Should any provision, paragraph, serueatee, word or phrase Contained in this
AVWnM be determined by a mud of Owwatm p4adsmon to be mvaK illegal or
otherwise Werdbm able under the lam of the Stabs of Florida or tW City of Mian; :>eh
provision, pa WWk sentence, e, word or phnm shall be dossed modified to the extent
necessary in order to conform with such laws, or if not mod&W then same shall be
deemed severable, and in either event, the ranamM terms and provisions of this
Agr"Pmt shall MMAM unnwdified and in fag force and effbct or Hm t wn *fits alto,
L This Ageemart constitutes the sok and entire apmnent between the ' pu 6n
hereto. Na mon or amendment beroo shall • be valid unless in writing and
exexseted by PMty authorized represa tativea of the puties bereto.
25.0• : This Agreement may be executed in two or more counterimts, each
of witiideshall constitute an original but all of which, whet taken together, shalt constitute one and
the same agreement.
XQ The State of Florida W appoiaW an
ftOrMcY FuTancial Oversight Baud (the "Oversight Board') which is empowered to review
W approve 411 Pending City of Miami Contracts. As a result, contracts shall not be binding on
the city tmtil such time as they have been approved by the Oversight Board. Fere—tion of this
Agreement by the City Msnagar shag constitute evidence of its approval by the Oversight Bound,
A.
IN W1TNEW VMREOF, the parties hereto have executed this Addendum as of the
day artd year above written.
ATTEST:
CITY OF NMAW a Municipal
corperadeu
Br
Ad Wardtaw, Chy Mager
10
ATTEST:
i U-10— i ill%4U M s
•
auO m 5016;912
C.C.G. Sy#omlwh Inc. a Viremin eorporsdam
quaNiied to do ba:iaeu in Florid%
B
Print Name. y ��t�V%i'"r
Pdm Nape: N Lynn Stuart
T''We Corporue Somem y TW Vice Premm
APPROVED AS TO INSURANCE -
REQUMENLINTS:
r I
MARIO SOLDEVILLA
Risk Mmmpmenk Adnritis tar
it
acral DI .W i 1 %X allAMI
r U-10— 1 rll.*%ME .
6x Ajair �
avtfr t Thr Cabo[11riaMd COG SYVA A Iaa
FAS'T'ER FImi Makiniement 5ystetn
S&Me , 0 Ibr
SOFrWAW cosTi[4 RaFnsbuTwff
30 UmrPASM &dtw=
i ".9"0600
ib>r Gbde" 400.00
3.0001.00
bftW PoaI— mn dcim! %AW* 9100.00
GWbei RvpM Wear 1.100 00
Too# &ftwm am 9►3'lrf"
t1tMCT MMAUfC MT
Gig O�c Am orym wp I=dit and ttl¢ mw of tm ► we in troomm is
Mmpnm Tam -11 " m, f* ft or arodd•t b o mmod o orrA9ot. 7m N*a "rata
wm ooe atso+►ai.1 wftl iooltide a ti aaw, *w, m bmuft ad a tisie % IN of
wham wm pubm veldt yo to attire aad bab ft prnot+e - A &omW a d
e a ►itY. at weII a the a:rimam I+aam�aod mmdw otdap ate Wted bduw.
a tnajeq Mmuw
Ttlii pOtlO� rlfil bt+ t1M IIah00111MM/tt 1 and cC.�ci 1b�M htR t wm
ladtado both oart*c ed ad' -ft uti itW - on -ft pnrlo�tpi�m�ioa i�tri+d i�ot w aot
lbftd tk dolo m a[tbe f nett NJ Nam »idtAoe �ediaboalMW io dMhraiet+
dudwq9ft9ft,mmwdIo wdsomk m trod /eMaMmidlq� de;t ileac p'6�wwayarr aae
9YON and ft FA= N psowMR
■mi ft ARA4laM T" Lo*-" aodRpWft fix for twiewito atati
�a UP&% bpm ms tadtaiiM� wh" hr an eitr 0,103 -- oto
r.
® $Lowpw tp► Ao"
ad Liv" ASr< , 1100M00
TOW CMM l4Ptt,00
p. 2
1
sail Axl :W A 1 ur- MIAMI .7-1b- 1 ;11 :4ti M of mi Mat" tiva aulaiW14
oul6/9; - =:s Gqr aim Cca 874114 for-
40
or-• �►asraaeuea _ y�r�.aa. er t0e ��srapt Ba��wate lbwd ON Eft Tlhr=
o� m.� �lA.�� �� a� sMa>Nwa� ae w�e►tlwt
bas aplbilised, a OCa >asbtllae wdli ba ee�ira m #� t3eFAS1"&! sodkurAAA, tart all oo�oaa
ad taspa�a timrr sat>tptbt pa�tm�las Aqd ae�nlmlas � aels. Lssd�Yfroq idtla! tM■��SAe
the XWE *WPI ed JUSM mm!im �) an Ube Vbm Gi the � or ft
Irl aom. . wa wodd eroommmd a =him= o
TWAand MAns ASomm ti,7s0.40
T" Cos!
• Fi1.3TdF i�AAwr-LIMN pA4�Ut 1lraisiAA� AAr � �
Folbwia� I Md k1ftft on of A"M tlrt Bpdm Ami ) and mW a w !loaf
Par==d =dVw a WA sp W bolo a *ft me FilM syA= Tibia Fie aoht, op—mad
Pm moles Wo in prippidc Aw die oa,.iit tam Ouw 01 it ampkbd b Mr mk's
satid�ao, COG Aa�F.ritl ba pn3�1f !b[haiAb�a �daD AAat� Tba conk plr dq Iot oa
itt. b *.m tAab* is $7'0 per ft. We wa pagi0r wJ& lm m dolmim ft auaal>er of
� � >wP�+. dw aA� osi•dRd wwla
Zo Qbt madm at t»a par dg !7^00
7Yivae
ad Uft ANtomt (2 ftff ) a,�oa oa
Tied Caat d11A01.M
• dF.4S= lrio&-Oa4 tFalla"pTrabft
Thaw* NtngmkK b ftw imMft bow b � WM � be awn 19 ad�itioo�
aott � tbilow�lp omit =750pee 4q. Wa would Ibaoaaile�
s aa� on�tla ai s7s0 par dq► $3,70.00
Tmvd and Lives Alforarmi 1^ 00
TOW Cast $$^go
ANrl& No' "m BIRVIM
Cdiddi n of meal wpm am" alp - is alealW at M it 49 $ft= =ft 7bb b idn 3bt
FASM mftn 82 ddm adllitiia and Jw6 m a dw *� lib co■ro*m ate
7AW U'a $Q aigr waraoq ar► at bodWtd ASIL 7bOV& 04
attrltt�ia■a�►. r »xat� oAAMt MAAAe�M�A�A� ase]A� ssoea�3tdiq�,aAat
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L'a Ly of !Iasi- aU7 07 7U1UMO
cco isilaelw.
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saoaURV beset !6r Sid �s lA�pt s�111m, OQO'i q:tsells seta stn �rttMlp
OW AWA
aaad � ays<rma; wand �� � � � �b pieiwrsli aewwl4li
. Proaasiai VVIINdoog and ageeaa ua Onkm se at �
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Itorteliel and a'nn4e o„oeed` qqft vrM bo *hmittod toryow WWWL Cmtoatbalsboa asp sl�a
Ineper dq. T'ba�a ie a lslf. %aria oest At &M � IS
l+p►errsble alsea�sUj:
• Nk CrAvardm
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� ASt3desaat The e0eslwae llrtwdwd is aarpnbaeart a sae eieo
ovum%% dnt me�far wQ be pq� b � a s t#e�e � btir
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Ow"M ft aomm'R kMOft dM MID YOL TyPio*. f0 OdkWom w9mind
nZINMd=
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"-' mb" the teWoo*b between 60 bm VOM4 ad 00 emmt er fist a umlad AK%
*Wad wia be used b a ;,,It do don itaaa year 91 to YASt1r1C 'iW s wt
eaaaalD* aoeVUdws wi*cWq stedmtobs dp kbj6 jdmhwr
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io6vitW �r YM" Amb ur low VA w iS% to MW am of fiat
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atrM*Md MWM and VW WO i bW A SM73 Pec hn SM per dw.. Vw am jar p*m
mteyrmpetirbi wmtsrbprwKA owpwsb
STA"AM O!`i'iONS
Bas Cad&n Tftwfaoe
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op bft czpeww to titin 1jg so fe ism* tree d wommosind omofieL w deotinll dw er
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31,10 Co
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si�oaoa .
aaeaei�lesw�em4w�naet�ao�dfaLRrttasaeprar�rw,Prr.e�14 aa�1�#e►at�drmw
lamp by ale VIEW fisc NOW a arlelor bw hafto od io feta � � peatpc iboq� a
d0dafte fta porlrlae nee asdoo tieaaw�ialid T� pow rro�id mpie sst�pto< i llpa et Rf,100
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k dmdm*. 8'abe t ndw rt tdews a p snarly s■d "Imm "Am
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534"
• i sbr ftd Mwhis
'iii is a aotq*u owft tunw m Ed biiw BMW poet maw cat isdwm rtes"
bibft AI iigmhmi om odratiom bid VIC be qWW as a ROMOawsaed UdL
!�d•ad6
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gra lereelro+e aerf�=0000wtiayt ae�■�d�tpad�rMe� u r.d,�dr 16em
aid dealer is sit qhs tedi+�t aoaaerth� e�slal. � ooR a« ��osiaM�ea r iasd as
"aadderadwain qmwdamis mm wswi "
NOT TOXMCXXi 0112KATZ
* T awai
Maepr ibex irro �o■eed it beadfoid b srxe�r dr erirraed #4t of aa►�oa dliow�np b7 r CVD
mp-oeml Vv ae d rest. � dm m be a W to rma = art* F ryiem 6 a
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