HomeMy WebLinkAboutR-96-0465e�
RESOLUTION NO. 9 6— 465
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH JUAN M.
DIAZ FOR PROFESSIONAL GEOGRAPHIC DATABASE
SERVICES IN CONNECTION WITH THE CITY'S
GEOGRAPHIC INFORMATION SYSTEM (GIS)
ADVANCEMENT, IN THE AMOUNT OF $9,000, FOR THE
PERIOD JUNE 1, 1996 TO DECEMBER 31, 1996;
ALLOCATING FUNDS THEREFOR FROM THE 1995/96
OPERATING BUDGET OF THE DEPARTMENT OF
COMMUNITY PLANNING AND REVITALIZATION,
ACCOUNT NO. 561201-270.
WHEREAS, on January 12, 1995, the City Commission adopted
Resolution No. 95-14, which authorized the City Manager to
execute a professional services agreement (Agreement) with Juan
M. Diaz (Consultant) to continue to advance the range of
potential applications of the city's geographic information
system (GIS) by depicting lots and individual properties, in an
amount not to exceed $26,000, and allocated funds from the
1994/95 Operating Budget; and
WHEREAS, the Agreement was executed on February 8, 1995; and
WHEREAS, the Consultant, working under the direct
supervision of the Assistant Director for Community Planning and
Revitalization, has proven to be valuable to the advancement of
the city's GIS; and
ATTACHMENTS)
CONTAINED
CITY CONKISS1011
MEETING OF
J U N 2 7 1996
Resolution No.
96— 46-5e
I
WHEREAS, the City Manager feels it is in the best interest
of the city to continue to engage specialized GS service to
assist in the enhancement of the city's geographic database; and
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 as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute an agreement, in substantially the attached form, with
Juan M. Diaz, for professional geographic database services in
connection with the City's Geographic Information System (GIS)
advancement, in an amount not to exceed $9,000, for the period
I June 1, 1996 to December 31, 1996, with funds therefor hereby
j allocated from the Department of Community Planning and
I
Revitalization, Account No. 561201-270.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th da �/oof1
ATTEST: l-
WALTE�,F EMANEMAN
CITY CLERK
2-
June 1996.
REDO GORT, VICE -MAYOR
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3-
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PROFESSIONAL SERVICES AGREEMENT
This Agreement entered into this day of
by and between
the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as
"CITY", and, Juan M. Diaz, SS# 034-62-1963, 13530 SW 113th Place, Miami, FL, 33176,
hereinafter referred to as "CONSULTANT."
REC'iTAL:
WHEREAS, City land use and zoning could be more efficiently and accurately mapped
in the city's Geographic Information System (GIS); and
WHEREAS, a need and opportunity exists to develop higher level street and property
research and analysis capabilities; and
WHEREAS, a need and opportunity exists to enhance the City's capabilities in this regard
by extension and enhancement of the GIS; and
WHEREAS, Consultant is qualified by way of education, training, and experience in
GIS; and
WHEREAS, funding up to the amount of this contract will be available from the General
Fund FY'96 Budget;
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NOW, THEREFORE in consideration of the mutual covenants and obligations herein
contained, and subject to the terms and conditions hereinafter stated, the parties hereto
understand and agree as follows:
I.
TERM:
The term of this Agreement shall be from June 1, 1996 through December 31, 1996.
II.
SUPERVISION:
CONSULTANT shall be under the direct supervision of the Assistant Director for
Community Planning and Revitalization or her designee.
III.
SCOPE OF SERVICES:
CONSULTANT will:
(1) Extend and enhance the City parcel -level geographic base map to include property
folio numbers and addresses; and
(2) Perform other GIS maintenance -related tasks as needed.
CITY will:
(1) Provide the CONSULTANT with all information and data necessary for the
successful completion of the scope of services as well as access to and use of the
city's GIS.
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IV.
A. CITY shall pay CONSULTANT, as maximum compensation for the services
required pursuant to Paragraph II hereof, $ 9,000, 00.
B. Such compensation shall be paid on the following basis:
The CONSULTANT shall be paid up to $104k`.00 biweekly at the rate of $13.00
per hour. Payment of all taxes and expenses sucsi as income tax, social security,
health and major medical insurance, personal insurances and general expenses of
any kind not provided for in this Agreement will be the responsibility of the
CONSULTANT. Payments shall be made only upon presentation of an invoice
from the CONSULTANT and certification by the Assistant Director for
Community Planning and Revitalization that the subject task has been completed
to the satisfaction of the City's GIS Coordinator.
V.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws, ordinances and codes of federal, state
and local governments.
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VI.
GENERAL CONDITIONS:
A. All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by registered
mail addressed to the other party at the address indicated herein or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI
Community Planning and
Revitalization Department
444 SW 2nd Avenue, 3rd floor.
Miami, FL 33130
CONSULTANT
Juan M. Diaz
13530 SW 113th Pl.
Miami, FL 33186
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or phrases contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or the City of Miami, such
provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent
necessary in order to conform with such laws, or if not modifiable to conform with such
laws, then same shall be deemed severable, and in either event, the remaining terms and
provisions of this Agreement shall remain unmodified and in full force and effect.
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VII.
OWNERSHIP OF DOCUMENTS:
All documents developed by CONSULTANT under this Agreement shall be delivered to
CITY by said CONSULTANT upon completion of the services required pursuant to paragraph II
hereof and shall become the property of CITY, without restriction or limitation on its use. This
excludes illustrations or photographs that may be purchased by the CITY from other vendors
with restrictions on their use. CONSULTANT agrees that all documents maintained and
generated pursuant to this contractual relationship between CITY and CONSULTANT shall be
subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any information, writings, maps,
contract documents, reports or any other matter whatsoever which is given by CITY to
CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and
shall not be used by CONSULTANT for any other purposes whatsoever without the written
consent of CITY.
The CONSULTANT shall not discuss assignments or reports, or release documents to the
public or news media without the oral or written consent, respectively as the case may be, of the
CITY.
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VIII.
i NONDELEGABILITY:
That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not
be delegated or assigned to any other person or firm unless CITY shall first consent in writing to
the performance or assignment of such service or any part thereof by another person or firm.
AUDIT RIGHTS:
CITY reserves the right to audit the records of CONSULTANT at any time during the
performance of this Agreement and for a period of three years after final payment is made under
this Agreement.
X.
AWARD OF AGREEMENT:
CONSULTANT warrants that it has not employed or retained any person employed by
the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to
pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of
any kind contingent upon or resulting from the award of this Agreement.
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CONSTRUCTION OF AGREEMENT:
Xl.
This Agreement shall be construed and enforced according to the laws of the State of
Florida.
XII.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors, and assigns.
XIII.
INDEMNIFICATION:
CONSULTANT shall indemnify and save CITY harmless from and against any and all
claims, liabilities, losses, and causes of action which may arise out of CONSULTANT's
activities under this Agreement, including all other acts or omissions to act on the part of
CONSULTANT, including any person acting for or on its behalf, and, from and against any
orders, judgments, or decrees which may be entered and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation
thereof.
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XIV.
CONFLICT OF INTEREST:
A. CONSULTANT covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with this
Agreement has any personal financial interests, direct or indirect, with CITY.
CONSULTANT further covenants that, in the performance of this Agreement, no
person having such conflicting interest shall be employed. Any such interests on
the part of CONSULTANT or its employees, must be disclosed in writing to
CITY.
B. CONSULTANT is aware of the conflict of interest laws of the City
of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade
County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully
comply in all respects with the terms of said laws.
XV.
INDEPENDENT CONTRACTOR:
CONSULTANT and its employees and agents shall be deemed to be independent
contractors, and not agents or employees of CITY, and shall not attain any rights or benefits
under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further he/she shall not be deemed entitled to the Florida
Workers' Compensation benefits as an employee of CITY.
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XVI.
TERMINATION OF CONTRACT:
Both CITY and CONSULTANT retain the right to terminate this Agreement at any time
prior to the completion of the services required pursuant to paragraph II hereof without penalty to
either party. In that event, notice of termination of this Agreement shall be in writing, Consultant
shall be paid for those services performed prior to the date of his receipt of the notice of
termination. In no case, however, will CITY pay CONSULTANT an amount in excess of the
total sum provided by this Agreement.
It is hereby understood by and between CITY and CONSULTANT that any payment
made in accordance with this Section to CONSULTANT shall be made only if said
CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum
whatsoever.
XVII.
NONDISCRIMINATION:
CONSULTANT agrees that b!a shall not discriminate as to race, color, religion, sex,
national origin, age, handicap, or marital status in connection with its performance under this
Agreement.
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Furthermore that no otherwise qualified individual shall, solely by reason of his/her race,
sex, color, religion, age, national origin, marital status, or handicap, be excluded from the
participation in, be denied benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.
XVIII.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that he has been furnished a copy of Ordinance No.
10538, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all
applicable substantive and procedural provisions therein, including any amendments thereto.
XIX.
CONTINGENCY CLAUSE:
Funding for this Agreement is rontingPnt on the availability of funds and continued .........,
authorization for program activities and is subject to amendment or termination due to lack of
funds, or authorization, reduction of funds, and/or change in regulations.
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XX.
DEFAULT PROVISION:
In the event that CONSULTANT shall fail to comply with each and every term and
condition of this Agreement or fails to perform any of the terms and conditions contained herein,
then CITY. at its sole option and in addition to other remedies available by law, upon written
notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances,
or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of
the provisions herein contained, shall be forthwith returned to CITY.
M
ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and only Agreement of the parties
hereto relating to said grant and correctly sets forth the rights, duties, and obligations of each to
the other as of its date. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this Agreement are of no force or effect.
XXII.
AMENDMENTS:
No amendments to this Agreement shall be binding on either party unless in writing and
signed by both parties.
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u
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by the respective officials thereunto duly authorized, this the day and year first above written.
WALTER J. FOEMAN
City Clerk
Corporation Secretary
WITNESSES:
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQ MENTS:
FRANK K. ROLLASON
Deputy Fire Chief
Risk Management Division
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CITY OF MIAMI, a municipal
Corporation of the State of
Florida
CESAR H. ODIO
City Manager
CONSULTANT:
i
� e)
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III
City Attorney W
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA-1
To : Honorable Mayor and DATE
Members of the City Commission JUt� 3 1996 FILE
SUBJECT : Resolution Authorizing the
City Manager to Execute an
Agreement for Professional Services
FROM REFERENCES: with Juan M. Diaz
Cesar H. Odio ENCLOSURES: Agenda Item, City Commission
City Manager June 13, 1996
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached resolution authorizing the
execution of an agreement, in substantially the form attached hereto, with Juan M. Diaz for specialized
geographic information system (GIS) services pertaining to the City's enhancement and extension of the
parcel -level geographic base. The agreement is for the period June 1, 1996 to December 31, 1996.
Funding, available and appropriated from the 1995-96 Operating Budget, is not to exceed $9,000.
BACKGROUND
On April 13, 1989, the City Commission adopted Resolution 89-362 accepting the complimentary
proposals of Environmental Systems Research Institute (ESRI) and Digital Equipment Corporation
(DEC) for the hardware and software services necessary to establish a basic geographic information
system. The geographic database acquired at that time was limited to the street and address level. The
professional services provided through this agreement would advance the City's geographic database to
the lot and property level.
The GIS is presently being used by the City Clerk, and the Departments of Police; Fire -Rescue and
Inspection Services; Community Planning and Revitalization; General Services Administration and
Solid Waste; and NET/Community Development for crime analysis and security, fire and emergency
response modeling, zoning change analysis and code enforcement tracking, census data analysis for
population and housing, and solid waste routing.
In order to continue to advance the range of potential applications of the GIS, it is requested that
authorization be provided to the City Manager to execute an agreement with Juan M. Diaz for
specialized GIS services to enhance and extend the geographic base map.
cc: Law Department
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