HomeMy WebLinkAboutR-92-0629J-92-666
9/16/92
RESOLUTION NO. 9 2— 629
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
OMNICOM, INC., TO CONDUCT A FEASIBILITY STUDY
OF A CONSOLIDATED LAW ENFORCEMENT AND
FIRE/EMS DISPATCH CENTER; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED
$35,930.00, FOR SAID SERVICES AS FOLLOWS:
$17,965.00 FROM ACCOUNT NO. 506001-270,
$8,982.50 FROM ACCOUNT NO. 290301-270, AND
$8,982.50 FROM ACCOUNT NO. 280401-270.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized 1/ to
execute a professional services agreement, in substantially the
attached form, with OMNICOM, INC., to conduct a feasibility study
of a consolidated Law Enforcement and Fire/EMS Dispatch Center,
with funds therefor hereby allocated in an amount not to exceed
$35,930.00 for said services as follows: $17,965.00 from Account
No. 506001-270, $8,982.50 from Account No. 290301-270, and
$8,982.50 from Account No. 280401-270.
1/ The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
City Charter and Code provisions.
ATTACHMENT (S)I
CONTAINED
CITY COMUSSION
MEETING OE
OCT 0 8 1992
Resolution No.
92- 629
L-A
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this gth day of , 1992.
XAVIER,L. SUAREZ, MAYOR
ATT
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
i
r
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
ITY
CLL/rmaffiss/M3155
PROFESSIONAL SERVICES AMEMENT
This Agreement entered into this day of _►
1992 by and between the City of Miami, a municipal corporation of
the State of Florida, hereinafter referred to as "CITY", and
OMNICOM, INC., Inc., hereinafter referred to as "CONSULTANT".
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 the date written
above through date of completion and acceptance of the consulting
services by the City.
II.
SCOPE OF SERVICES:
A. CONSULTANT will provide to the CITY consulting
services for a feasibility study of a consolidated Law
Enforcement and Fire/EMS Dispatch Center including, but not
limited to the following:
Task 1.1 - Project Orientation
Task 1.2 - Needs Assessment/Agency Interviews
Task 1.3 - Communication Center Surveys
Task 1.4 - Dispatch Systems Analyses
Task 1.5 - Alternative Consolidated Communication Center
Configuration Development
WHEN RETURNING FOR FURTi A
REVIEW, PLEASE IDENTIFY AS
92- 629
A
• t�
Task 1.6 - "Communication Center Systems Evaluation and
Alternatives" Report
Task 1.7 y Optimum Systems Configuration Selection
Task 1.8 - "Comprehensive Communications Center Plan"
Report
The description of the above -mentioned tasks are described
in detail in the Consultant's proposal to the City dated August,
1992 which is incorporated herein by reference.
III.
COMPEVSATION:
A. CITY shall pay CONSULTANT, as maximum compensation for
the services required pursuant to paragraph II hereof,
Thirty Five Thousand Nine Hundred Thirty Dollars
($35,930.00).
B. Such compensation shall be paid on the following basis:
50% after completion of Task 1.6
25% after completion of Task 1.7
25% after completion of Task 1.8
C. CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to
any payments by the CITY.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
CONSULTANT shall comply with all applicable 'laws, ordinances
and codes of federal, state and local governments.
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V.
GENERA', CONDITIONSs
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 person 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
Cesar 0. Odio, City Manager OMNICOM, INC.
City Hall 930 Thomasville Road
3500 Pan American Drive Suite 200
Miami, Florida 33133 Tallahassee, FL 32303
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
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92- 629
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.
s VI.
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. 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.
- 4 - 92- 629
V1I .
NORDBI-SGABILITY
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.
VIII.
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 one year after final payment is made under this
Agreement.
IX.
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.
X.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to
the laws of the State of Florida and venue shall be in Dade
County, Florida.
XI.
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
XII.
INDEMP7—FICATION:
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 which are deemed to be negligent_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.
XIII.
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
interest on the part of CONSULTANT or its employees,
must be disclosed in writing to CITY.
- 6 - 92~ 629
ig
Be 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 respect with the
terms of said laws.
XIV.
`} INDEPE--, DENT CONTRACTOR:
CONSULTANT and its employees and agents shall be deemed to
i
be independent contractors, and not agents or employees of CITY,
r
and shall not attain' any rights or benefits under the Civil
i
Service or Pension Ordinances of CITY, or any rights generally
i
afforded classified or unclassified employees; further he/she
shall not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of CITY.
XV.
TER21 ERATION OF CONTRACT:
CITY retains 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 CITY. In that event,
notice of termination of this Agreement shall be in writing to
CONSULTANT. 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
" ' " 92- 629
d
R
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
CONSULTANT any sum whatsoever.
XV'I .
NONDISCRIMINATION-.
CONSULTANT agrees that it shall not discriminate as to race,
sex, color, creed, national origin, or handicap in connection
with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall,
solely by reason of phis/her race, sex, C-,olor, creed, national
origin• 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.
XVII.
MINORITY PROCUREMENT COMPLIANCE:
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 10062, 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.
XVIII.
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.
xlx.
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.
s XX.
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.
XXI.
AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
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.
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92- 629
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST z
By:
MATTY 'HIRAI CESAR H. ODIO
City Clerk City Manager
'WITNESSES: CONSULTANT:
OMNICOM, INC.
(As to CONSULTANT) By:
Title: _
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
SUJAN S. CHHABRA, DIRECTOR A. QUINN JONES, III
Risk Management Department City Attorney
CLL:ra2M354
8/10/92 1:00 P.M.
r CITY OF MIAMI, FLORIDA10
f
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM : Cesar H. Od��N'
City Manage
DATE : September 17, 1992 FILE
SUBJECT : Consultant Agreement's
Consolidated Police/Fire
Dispatch Center
REFERENCES:
Two (2)
ENCLOSURES:
It is respectfully recommended that the City Commission approve
the attached resolution authorizing the City Manager to enter
into an agreement with OMNICOM, INC., a public safety
communications consultant, to determine the feasibility and cost-
effectiveness of a consolidated law enforcement and Fire/EMS
dispatch center.
The maximum compensation for the required communications
consultant services is $35,930. Consultant compensation will be
funded from E911 funds (50%) and from the Fire (25%) and Police
(25%) general fund.
The City currently operates and maintains separate police and
fire/EMS communications dispatch facilities which perform
essentially similar functions.
The administration believes that a potential exists for a more
efficient and effective communications operation within a
consolidated Police/Fire organization. In addition, numerous
cities and counties have consolidated police and fire/EMS,
communications centers; among the most prominent is Metro -Dade
County.
The specific expertise for determining the operational and
economic feasibility of a consolidated dispatch center is not
resident within the City's workforce and requires the engagement
of a qualified consultant. The administration has determined
that OMNICOM, INC. has significant expertise in public safety
communications and should be engaged to perform the feasibility
review.
92- 624