HomeMy WebLinkAboutR-95-0014J-95-55
12/30/94
RESOLUTION NO.
95-- 14
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 $26,000 FOR THE
PERIOD JANUARY 1, 1995 TO DECEMBER 30, 1995;
ALLOCATING FUNDS THEREFOR FROM THE 1994/95
OPERATING BUDGETS OF THE DEPARTMENTS OF
POLICE ACCOUNT, CODE NO. 290201, AND
PLANNING, BUILDING AND ZONING, ACGDUNT CODE
NO. 560701.
WHEREAS, pursuant to Resolution No. 89-362, adopted April
13, 1989, the City Commission accepted the complementary
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 (GIS); and
WHEREAS, the City's GIS is presently being used by the City
Clerk, NET Offices, the Departments of Police, Fire -Rescue,
Planning, Building and Zoning, General Service
Administration/Solid Waste and Development and Housing
Conservation for crime analysis, security, fire and emergency
response modeling, zoning change analysis and code enforcement
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I
CITY COMMSSION
DIEETING OF
JA N ! 2 1.95
Resolution No.
95- 14
tracking, census data analysis for population and housing, and
solid waste routing; and
WHEREAS, in order to continue to advance the range of
potential applications of the GIS by depicting lots and
individual properties, the City Manager believes that it is in
the best interest of the City to continue to engage specialized
GIS expertise; and
WHEREAS, the consultant working under the direct supervision
of the Deputy Director for Planning, Building and Zoning has
proven to be valuable to the advancement of the City's GIS; and
WHEREAS, funds are available in the 1994/95 Operating
Budgets of the Departments of Police and Planning, Building and
Zoning;
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 the amount of $26,000 for the period
January 1, 1995 to December 30, 1995, with funds therefor hereby
allocated from the 1994-95 Operating Budgets of the Departments
of Police, Account Code No. 290201, and Planning, Building and
Zoning, Account Code No. 560701. 9 5 " 14
-2-
Seotion 3. This Resolution shall beoome effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 12th day of ,_ January 1998.
STEPHEN P. CLAR , MAYOR
AT S '
MAT Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
RAFAEL 0. DIAZ
DEPUTY CITY A RNEY
APPROVED AS TO FORM AND CORRECTNESS:
i .
i A. QUITORfQy"S
NJCITY
ROD:osk:M4864
95- 14
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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 S.W. 113th Place, Miami, FL,
33176, hereinafter referred to as "CONSULTANT."
RECITAL:
WHEREAS, City crime and land use could be more efficiently
and accurately mapped in the computerized 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 increased development 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 FY195 Budget;
95- 14
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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:
TERM:
The term of this Agreement shall be from January 1, 1995
through December 30, 1995.
II.
SUPERVISION:
CONSULTANT shall be under the direct supervision of the
Deputy Director for Planning and zoning or his designee.
SCOPE OF SERVICES%
CONSULTANT will
(1) Improve the GIS street and address map for crime
incidence mapping; and
(2) Prepare custom crime analysis base maps for the Police
Department; and
(3) Assemble the City parcel -level geographic base map; and
(4) Apply City zoning and land use to the GIS map; and
(5) Perform other GIS maintenance -related tasks as needed.
2 95- 14
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.
IV.
COMPENSATION:
A. CITY shall pay CONSULTANT, as maximum compensation for
the services required pursuant to Paragraph II hereof,
$ 26,000.
B. -Such compensation shall be paid on the following basis:
The CONSULTANT shall be paid up to $1000 biweekly at
the rate of $12.50 per hour. Payment of all taxes and
expenses such 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
Deputy Director for Planning and Zoning that the
subject task has been completed to the satisfaction of
the City's GIS Coordinator.
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95- 14
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.
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 CONSULTANT
Planning, Building and Juan M. Diaz
Zoning Dept., 3rd flr. 13530 S.W. 113 Place.
275 N.W. 2nd Street Miami, FL 33186
Miami, Florida 33128
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.
4 95- 14
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.
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
5 . 95- 14
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.
VIII.
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.
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IX.
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.
XI.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
, 95- 14
Ke"
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.
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,
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95- 14
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.
9 N. 95- 14
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 $he shall not discriminate as to
race, color, religion, sex, national origin, age, handicap, or
marital status in connection with its performance under this
Agreement.
10 , 95- 14
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 contingent 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.
11 95- 14
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, 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.
XXI.
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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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.
ATTEST:
MATTY HIRAI
City Clerk
ATTEST:
Corporation Secretary
WITNESSES:
(As to CONSULTANT)
(NOTE: If CONSULTANT is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Frank K. Rollason,
Deputy Fire Chief
Risk Management Division
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By
CESAR H. ODIO
City Manager
CONSULTANT:
By
(Title).
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones V.
II,
City Attorney O
13 95- 14
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
FROM :
Cesa
City
RECOMMENDATION:
CAm14
DATE : DEC 2 2 1994 FILE :
SUBJECT : Resolution Authorizing the
City Manager to Execute an
Agreement for Professional
Services with Juan M. Diaz
REFERENCES:
Agenda Item, City Commission
ENCLOSURES :January 12, 1995
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 upgrading of the geographic
database to depict lots and properties. The agreement is for the period
January 1, 1995 to December 30, 1995. Funding, from the 1994-95 Operating
Budget, is not to exceed $26,000.
BACKGROUND
On April 13, 1989, the City Commission adopted Resolution 89-362 acceptin 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 at the street and address level. The
professional services to be provided through this proposed agreement would
advance the City's geographic database to the lot and property level.
The GIS is presently being used by NET, the City Clerk, and the Departments of
Police; Fire -Rescue and Inspection Services; Planning, Building and Zoning;
General Services Administration and Solid Waste; and Development and Housing
Conservation 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
GIS, it is requested that authorization b
execute an agreement with Juan M. Diaz for
the necessary geographic database to allow
lot and property level.
cc: Law Department
e
of potential applications of the
provided to the City Manager to
specialized GIS services to create
departmental applications at the
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