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HomeMy WebLinkAboutR-89-0162J-$9�118 1127/89 RESOLUTION NO 89-162 A RESOLUTIONItAUTHORIZING THE CITY MANAGER TO EMPLOY THE PROFESSIONAL SERVICES OF DELOITTE HASKINS & SELLS TO ANALYZE AND DEVELOP RECOMMENDATIONS REGARDING THE CITY OF MIAMI'S TELECOMMUNICATIONS EQUIPMENT SYSTEM FOR GENERAL SERVICES ADMINISTRATION DEPARTMENT, COMMUNICATIONS SERVICES DIVISION; ALLOCATING AN AMOUNT NOT TO EXCEED $34,000.00 THEREFOR FROM THE GENERAL SERVICES ADMINISTRATION DEPARTMENT OPERATING BUDGET. WHEREAS, the City of Miami General Services Administration requires an analysis and development of recommendations regarding the telecommunications equipment needs of the City of Miami; and WHEREAS, the current telecommunications equipment system { must be improved for maximum efficiency and cost savings; and WHEREAS, the firm of Deloitte Haskins & Sells has the expertise required to review and analyze the current City system and the telecommunciat ions equipment market and to recommend an improved system; !! NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY �i OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter 'i into a contract, in substantially the form attached, for the professional services of Deloitte Haskins & Sells to provide consulting services in the analysis, document preparation and recommendations regarding the City of Miami's communications equipment needs, to the General Services Administration 4 Department, Communications Services Division, with an amount not to exceed $34,000.00 therefor hereby allocated from the operating ' rF i budget of the General Services Administration Department. V For City Clerk reference, there is an attachment to this Resolution as herein stated. Y F ` 4 CITY COMMUSSIQN } ATTACH.-rf`!M MEETING OF FEB 9 1989 . a C4°' Lai y RESQLUN No. t P F WKS: mmmu OUR t . . s � - �t,�i k ait u�?'i �ri.. 6 �+� -+ _q + '•, - -� t,�ily - 1 i W 4- 4 ' VIER L... 7 t� t s ► E PROP98SIONAL. SERVICES. AGREEMENT This Agreement entered into this of 1959,, by and between the City of Miami, a municipal corporation of the State 1 of Florida, hereinafter, referred to as "City" and Deloittei Haskins and Sells hereinafter referred to as "CONSULTANT." t _t i - RECITAL: F WHEREAS, the City of Miami telecommunication System and network is a complex combination of facilities and telecommunications hardware; and WHEREAS, the City requires professional telecommunications consulting assistance to analyze present and future telecommunications needs; and WHEREAS, the City desires to reduce costs while providing Y increased user services; and t' f WHEREAS the consultant has the necessary expertise to make the required_ analysis and recommendations regarding` the City's telecommunications systems, s NOW, THEREFORE in consideration of the mutual covenant's and' s obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and; f -ice agree as follows: fJ r _— SiF stir f • t >4 TERM: The term of;"this Agrdel ment shall commence upon dabs ' of �s F �'i % y aYr�i Rat - execution for a period of 90 ;days "thereafter. r f iar W � r 1 t r t �� �fC�A�j��✓ } Y a �.��r' ,'',3t�'.� �%*�.fi-���e�p`'..r'{��< � t••Er�. � tf� �.,�,��xtty���'r�1�1'��'����� ��. $y'.^y �Y�>y•�,.+-i s*+tx� n 7�g'�'t'`r 4{ '4��'}. �' - _ 1 a$F �L1i -0•fj GF'!Y} •' �t i k S.i '�iy-Ni f`�'Yi+$ ,6$r}# 2YZiRl + 4. or II sF-4•.� B `s F 5 �:. t i- F �' t• N`s`��hii�511?v �w.x{fRi�!^������� _-_ _ — -r 41 _ 3 41 SCOP9 Or SERVICES e { g~ CONSULTANT will advise and assist City management in the provision of the following services: TASK I - PREPARE A REQUEST FOR PROPOSAL This task includes the revision and preparation of a final and complete Request for Proposal document that will be submitted to qualified proposers. Consultant will: Submit RFP to the Project Committee for approval a Modify the RFP as required 1 rR .. Develop a list of potential proposers TASK II - SUBMIT REQUEST FOR PROPOSAL- This task includes submission of the Request for Proposal document to the qualified proposers and holding a pre - proposal conference to accept and respond to questions - pertinent to the document and/or procedures. consultant will: Submit request for Proposals to qualified vendors }t' .. Organize pre -proposal conference _ Prepare written responses to questions received r mi during bidders' conference.' y _ TASK III - EVALUATE PROPOSERS' RESPONSES This task entails evaluating the qualified proposers':y responses, "short listing" the vendors and ,conducting follower;F. up oral presentations to request clarification and/or - interpretation of the responses. Consultant will: '- Develop vendor selection criteria. Prepare vendor evaluation form - Prepare objective evaluation of each proposer's response based on criteria developed including contractual terms•, - and conditions J Analyze telecommunications systems proposals,' n2a> .. ReJiew proposals' requirements includingz - General Information t L'1ij. Format and content requirements,.,. - Terms and conditions Proposer qualifications- F X ,Project approach and methodology: System requirements .Proposed configurationa_- - Project installation schedule Warranty/maintenance System training Project csts . ... payment. rZ r �. .:System :documentatJonR ' d a ti l Evauaon anward. _ y k :t ri3 r-s Gil'^acw.l, �h�� .s ���+ I'..• • .., t zest,. r � :z t;Y Cpry MC i Evaluate proposals Y4 .. prepare evaluation form(s).' ... Prepare system(s) requirements list ... Prioritize system(s) requirements Define objective evaluation criteria .... Prepare evaluation criteria list .... Define criteria weight factors and prepare list TASK IV - CONDUCT "SHORT LIST" PROPOSER REPRESENTATIONS F This task includes a formal presentation by the "short list" proposers (usually three) where they will present their proposed solutions, implementation and conversion plans, and ongoing support to the City. Consultant will: Contact system user references Request additional information from proposers Conduct oral presentations of qualified proposers prepare cost/benefit analysis Define - Tangible benefits Recurring costs Y Installation/maintenance costs; Prepare cost/benefit analysis form r , r i ` Assist in the ranking of qualified proposers .. Prepare qualified proposers ranking form ., r , TASK V - PRESENT MANAGEMENT LETTER WITH RECOMMENDATIONS This task is the formal recommendation to the City."s management outlining the proposer selection process. and justification for the recommended proposer(s). Consultant S'. will:; Prepare management letter detailing: .. Evaluation process . . Recommend proposer (s) for implementation Organization support requirements TASK VI I - PREPARE HIGH LEVEL IMPLEMENTATION PLAN This task provides a high level plan with milestone dat$ that will be adhered to during the implementation process.. . This includes identification of proposer and City r�}` responsibilities, target dates, conversion plans; :.train�tq s°Y` requirements and scheduling, systems tests and verifieatioti4 system .documentation, and securityo Consultant.,wil-1: - Prepare a .high, level implementation plan that address:s r �a j�4 the following: ti} Tasks to be performed, responsibilities 4asooiated target dates for co plotion rtiri t ti eg.'^�N '1i� ¢{,s dt�t e ),. r.: t .n S. `?, ty?:• , .. '"lr .S. ;Yv 8 tV?:; '.. �,,:,� K'e�''•. ��u`rEf . �,��.''��.« . .5.,- :d. - — � t 4 .z I 14 } Vendor responsibilities , �. Preparation of telephone eyatem(s) hardware site(s)t= Conversion plan User training requirements and scheduling .. Acceptance testing requirements` Complaint reporting procedures TASK VIll - PROVIDE HIGH LEVEL IMPLEMENTATION ASSISTANCE This task provides a high level monitoring of the implementation process, conducting project status meetings, adhering to project timeframes, monitoring system(s) tests and verification, vendor contract compliance assurance, and. , overseeing the city's telecommunications staff task performance. Consultant will assist with:. Proposer(s) satisfying contract requirements Development of criteria to determine if telecommunications s systems function adequately- Conducting post -implementation surveys to determiner_ { User satisfaction with existing system(s) Telephone system(s) configuration and operations are - functioning in the most cost effective manner i .. COMPEN5AT I ON :� ' A. CITY shall pay CONSULTANT, as maximum compensation for r. the services required pursuant to Paragraph.II hereof, $ 34, 000.00._ B. Such compensation shall be paid on the Following basis:' Payment of 25% of fee upon execution of agreement,, billing every two weeks, final payment following acceptance of report by City. 4t f�d(:_ a4, C. CITY shall have the right to review and audt the !. records and related records of CONSULTANT pertaining any payment by the CITY. VA % A �..- 7, _ f•f t �i� +t����� � t 77� t 4 i 'ram Ty! IV • - t4- COMPLIANCE WITH FEDERAL, STATE AND LOCAL GOVERNMENTS= Both parties shall comply with all applicable lawso ordinances and codes of the Federal, State and Local ?- 1 governments. V 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 r served; or, if by mail; on: the day on which personally {- n - on the fifth day after being posted or the -date, of x actual receipt, whichever is earlier.- fps —_ ,,CITY OF MIAMI CONSULTANT { CITY OF MIAMI DELOITTE, HASKINS"SELLS 1390 N.W. 20th Street 100 S.E. Second Street�t Miami, FL 33142 Miami, FL 33131-2135 =` r B. Title and paragraph headings are for convenient a reference and are not a part of this Agreement. J 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 rX rule. a. x{ p. No waiver or breach of any provision of this AgreemO*t" ct lit shall constitute a waiver of any subsequent breach off'` the' same or any other provision hereof, and no wniv � shall be effective unless made in writing. ,.> .. ...t,. �k * d ;; ar'i a"6 C.• at i' }t } �. r 4 ; ,�it'4 I'1f4 Sa f.• xt ^` 3'"4 k'a 2,r} �r Fif •'... .. .. -.. .. ... ., .. tot.>, ... ... .S .n>.- a',t. f.r.. ,F A14 ���'as.,iv.4i s,..:. .� r W E. Should any provisions, paragraph, 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 s force and effect. 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 = n 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. i It is further understood by and between the parties that any E - information, writings, maps, contract documents, reports or any F other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property, b= of CITY and shall not be used by CONSULTANT for any other 1' purposes whatsoever without the written consent of CITY..• x_ V I I . sr,{ NONELIGABILITY: _ That the obligations undertaken b CONSULTANT 9 y pursuant.,� � { this Agreement shall not be delegated or asisigned:to any oths�' r FEW 10) i c } eot� or firm 'unless CITY shell. first consent in writing to the f� erformance, or assignment of such service or any part thereof by .; another person or firm V. i l l AUDIT... RIGHTS: m 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 • :r a - , 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, i; brokera a fee, or gift of an kind contingent upon or ,resulair 9 9 Y. x from the award of this Agreement.p3 ; rn r X• rir CONSTRUCTION OF AGREEMENT: 4' ... r This Agreement shall be construed,and'enforced accordin �s - -' . .. "CNN the laws of the State of .Florida. 'ter T yhSSIGNS:y ; -' .SUCCESSORS AND This Agreement shall be binding upon the parties hetQ AW4V, -... ''- -: ,. : •. ! ,. _ ... :. _. s v yr ��: .�<. a r� their heirs, executors, legal representatives, suGcessors�;���`" assigns.` f��A 1 M ,x,� C �vX fi;,L 6I 'J i 'R ' S '�Tom'`�-- f: X11 t 1 r CONSULTANT shall indemnify and save CITY harmless frcm and � by against any and all claims, liabilities, losses, and causes of + �t action which may arise out of CONSULTANT's activities under this a; 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 t such claims, or in the investigation thereof. i k i'- CONFLICT OF INTEREST:' A. CONSULTANT covents 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, performance of this Agreement no person having such conflicting e4j 'interest shall.be employed. Any such interests on the part of CONSULTANT or its employees, must be discolsed , in writingto 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 rr Section 2-11.1) and the State of Florida, and agrees zY that it shall fully comply in all respect with the terms of said laws. f � s P. 0z d . w e a - } . 1•PIt%V DENT VOLE 1 RACTOR i ! 4 CONSULTANT shall be deemed to be an independent contractor, and shall not attain any and not an agent or employee of CITY, �= is i. rights or benefits under the Civil Service or Pension Ordinances r= of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee -of CITY. j 4 XIV. TERMINATION 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, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no `- case, however, will CITY pay CONSULTANT an amount in excess of the _ _F - total sum provided by this Agreement. r 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. �f > -Jz.A3{ f {yS ytT. 'N .,r r&� yv2fi Ix 1 M r tf °, 5 � f � ��•...FFFivii rjjj (` � _ { 4?t 4 ^f:-y �''�"� � r.. ;.., . .,. . +. 1 ... .':'� ! 1"J • r...3.'�7r a,. ,ra;hL dcc _.,,T*'�,�i�il'�'`ic?F_���#i,`3¢.T,�i� - � � _ _-.._ -- a 40NDISCRIMINAT'ION: CONSULTANT agrees that it shall not discriminate as to.race,s ,.._ sex, color, creed, national origin, or handicap in connection with ,a its performance under this Agreement. Y Furthermore that no otherwise qualified individual shall,, .w solely by reason of his/her race, sex, color, 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. XVI. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that it has been furnished a copy of,, Ordinance No. 10062, Minority Procurement Ordinance of the City of. Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. ; _ r - XVII. G • CONTINGENCY CLAUSE: AmE Funding for this. Agreement is contingent on the availability,` &`1 of funds and continued authorization for program activities and is t subject to amendment or termination due to lack of funds, or. i 7 authorization, reduction of funds, and/or change in regulations. u H'7� zT �t w ;W r_ t ✓ - a _ �p �� a -- � - .1. , r. - ... ..i-,' '. . J _. •{.-- .. .._, ,. i' r{ , C , -:.'t. _«, .t ....,.e srs ti �Y.SMi_Y_'o'%.1 Sl'T Ts3i•. '_ _ _ f iy r k' i" �. � 's .. t- . �.s +e..•.wa4+W!-+.wawiWt'� _ 5 DEFAULT PROVISIOIL: In the event that CONSULTANT shall fail to comply with each G 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 p terminate this Agreement, and payments, a ments, 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. XIX. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto and correctly set forth the rights, duties, and obligations of eachto 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.°- XX . `[ } -_ 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 t'- instrument to lie executed by the respective officials thereunto t z, duly authorized, this the day and year first above written.�cyyll ul ec hxtlia�4 4 � ' Nt r t v s'* iZ t y,, ` r: ka 'x&`a�'�i`a,eia>t ,,.,. ], ... _ , _...+..: ,..._ _,.. _ :s ° _..t.'r_ ,. _ r,. t '.;•a `#...>Y'=__m�e'i� js_ - - -'i?i:= l "tin.:` _ � s�� ... hereinafter, referred to as "City" and Deloittei RECITALS 41 WHEREAS, the City of Miami telecommunication System and network is a complex combination of facilities and telecommunications hardware; and WHEREAS, the City requires professional telecommunications consulting assistance to analyze present and, future telecommunications needs; and WHEREAS, the City desires to reduce costs while providing increased user services; and i t WHEREAS the consultant has the necessary expertise to make 39 the required analysis and recommendations regarding the City's riT , telecommunications systems," _ t �1� NOW, THEREFORE in consideration .of, the mutual covenants ;arid obligations herein contained, and subject to the terms' and, conditions hereinafter stated, the parties hereto understand atld it c5 f agree as followss = Fgt F I• ,} hV xG x" TERM z �. time. r gm The term of �¢i4mmonce upon.;, d4,to* ZQ��;�,�� execution for a peariod.of_90daysl�eeafter. s , , f �. :• ,tom . �:;+. f i k .. s it _f'd a s t „•q -A j yytt<. y z, r — ir3,yN`J }-{y.�y L yy1 c4 Ary > ,tq — :i kf 1 1 'j .'q AGt Nk3ri �•9PL tH �... `, r3'ryypi-'�.1+�+ T' AF,FNNNi'"T (( INN F�*.h�k.a„i' t Zvi, r N a j - �f , SCOPE Ole S9AWCRS1 CONSULTANT will advise and assist City management in the provision of the following services: TASK I - PREPARE A REQUEST FOR PROPOSAL .` r This task includes the revision and preparation of a final',£ and complete Request for Proposal document that will he F submitted to qualified proposers. Consultant wills • Submit RFP to the Project Committee for approval isF x. • Modify the RFP as required 3; Develop a list of potential proposers; TASK II - SUBMIT REQUEST FOR PROPOSAL � This task includes submission of the Request for Proposal document to the qualified proposers and holding a pre - proposal conference to accept and respond to questions pertinent to the document and/or procedures. Consultant will: Submit request for Proposals to qualified vendors .. Organize pre -proposal conference s S Prepare written responses to questions received during bidders' conference TASK III -EVALUATE PROPOSERS' RESPONSES`¢. This task entails evaluating the qualified proposers''Y responses, "short listing" the vendors and conducting follow- up oral presentations to request clarification and/or interpretation of the responses. Consultant will: r =' LL 7 Develop vendor selection criteria r# t .. Prepare vendor evaluation formr_ Prepare objective evaluation of each proposer's response ;h- based on criteria developed including contractual terms and conditions ` f i' gin•. i', Analyze telecommunications systems proposals E�afry�F}' r gy Review proposals' requirements including: � b General Information" { '. 4 - Format and ` content requirements Terms and conditions f Proposer qualifications; ` Project approach and methodology T System requirements` -Pr oposed ' configurations'� c _ Project installation schedule .�FFTAA � 7 Warranty/maintenance A'� _ :System training - Project costs- i. ';�, , rt �. •P�cject 'payment ' �1a /�/� - _�>`< Evaluation tam; �. doeymsntat Evaluation and a' r - l. rt 3 ;3x cri��° 11 5{ C. K '-fir" - iYr'YF h rJ trt ,O �^ 7 J: j.. ry4 I .,' J` J K' BvaluA proposals ,r 'Oripare evaluation forms) ... Prepare system(s) requirements list, ... Prioritize system(s) requirements," ... Define objective evaluation criteria ''' .... Prepare evaluation criteria list` - Define criteria weight factors and% prepare listb -z IV COMTCT "SHORT LIST" PROPOSER REPRESENTATIONS This task includes a formal presentation by the "short list" proposers (usually three) where they will present thug,' proposed solutions, implementation and conversion plans; And ;�_ ongoing support to the City. Consultant will: Contact system user references -ih- Request additional information from proposers Conduct oral presentations of qualified proposers prepare cost/benefit analysis ' «; oo Define - Tangible benefits r Recurring costsq - Installation/maintenance costs— py t a' Prepare cost/benefit analysis form' Assist in the ranking of qualified proposers tic j' r a Z >,�� Prepare qualified proposers ranking form `TASK SV . - PRESENT LETTER WITH RECOMMENDATIONS .' This task is the formal recommendation to the City's N YY management outlining the proposer selection process` and y justification for the recommended proposer(s), Consultant, . Will* . Prepare `management letter detailing: Evaluation process`� ` ii _ Recommend proposer (s) for "implementation " .3d•.l}y����y ,�`t ira organization support requirementsjs, ��r TASK. VII PREPARE HIGH LEVEL IMPLEMENTATION PLAN This task' provides a' high level plan with mileot p 9 P on��a datBu' ,�rr� that will be adhered to during the implementation procest�°` ° FS This includes identification of proposer, and r;3s r .t responsibilities, target dates, conversion plenlo tr4 �,g�` r> _ requi'rements 'and scheduling;' systeas' testis' arid' ver'i#ic.�►t���� 4b� system dp umentation, and security. gopsultapt ;w, 11: E 4. ji •' Prepare a high level'ipplementation plan that addreesoi,': - a, tile' fol.lowinga,. Taeka;t4 be p rfQxmod# respoosi.bi�.i,tiee associated target. 44tow for coR.- 1 �i y .. Vendor responsibilities .. Preparation of telephone system(s) hardware Bites) 1 �T s ; .. Conversion plan �. User training requirements and scheduling � .. Acceptance testing requirements '•• '`' .. Complaint reporting procedures=.} TUSK VIII - PROVIDE HIGH LEVEL IMPLEMENTATION ASSISTANCE This task provides a high level monitoring of the implementation process, conducting project status meetings, adhering to project timeframes, monitoring system(s) tests and verification, vendor contract compliance assurance, and; overseeing the City's telecommunications staff task performance. Consultant will assist with: - t ;,� Proposer(s) satisfying contract requirements> Development of criteria to determine if telecommunications ' systems function adequately Conducting post -implementation surveys to determines .. User satisfaction with existing system(s) .. Telephone system(s) configuration and operations are"} functioning in the most cost effective manner .-- III • � ° ;� s . ,'-ina Y 0 - COMPENSATIONS A. CITY shall pay CONSULTANT, as maximum compensation for the. services required pursuant to Paragraph Il,hereof,{. a _ $34,000.00. - B. Such compensation shall be paid on the Following basis:. :1 Payment of 25% of fee upon execution of agreement' ` billing every two weeks, final payment following y7'k F— " acceptance of report by City. s, C. CITY shall the: right to review and audit the tii� .have r0g9r4s and: related records of. CQNSULTADIT peztaianing to �t �, any payment by the CITY. .:?'r, � ' 11 N J,Ju• Y - � � 4 5 v 3 �' t � �"yy s� ��S.X6M'c_• t ;'{[)�„i l ✓ J� S g 11�4�J( f 'i� F{hi �'+�i" S 3M 32 LR S�aar-s 8 4 aa" the same or any other provision hereof, and no wa.�tjx'x .s shall be effective unless made is writing..: i L � r� C`i *�A � °` sf� a,.'�� � x fir'- a r 1 �yf �� y R e:� t $ i �. �,�� � � �",� �.� .� -. t � s "' ?• 1 _ Should any provisions, paragraph, sentences, words, or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal ti 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 if 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. VI.Wo - 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 3, 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.1w —� 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- !' f: r of CITY and shall not be used b CONSULTANT for any, y . M. purposes whatsoever without the written consent of. CITY...,, Y 41 VII• ; v� NONELIGABILITY:min- " That the obligations undertaken by CONSULTANT pursuant tQ J,sue= this Agreement shell not be delegated or assigned :tQ�any oth� i`.:uF ,. j,'F'�l''3 C.. t 'bP>i � "S:'�,R xlt*,ite. •g a _ _ _ _ - --'iM1 .v.{'t (.T ., i.-..�iltihl - L„ „w 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. `s. VIII • y` x ,4 t 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. AWAkb OF .AGREEMENT: CONSULTANT warrants that it has not employed or retaned'`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.. U: o brokerage fee,:' or gift of any kind contingent `upon` or ' result`ing' from the award of this `Agreement. Y X. x t zh t' CONSTRUCTION OF AGREEMENT: 2. This Agreement shall be construed and enforced according; to the laws of the State of Florida. 2 ' ` S r� "MAel -yj SUCCESSORS AND ASSIGNS Thin Agreement shall be binding upon the .part ✓ C yf fray their heixs, executors, legal re resentativea, successors, 4 p f , assigns. )t-' :. • ,.. a 4aa; x'. Lf { }x ; _ X11I" - -.• t 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. E CONFLICT OF INTEREST: A. CONSULTANT covents 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, performance -of r'"' this Agreement , no person having such: conflicting r; �f interest shall be employed Any such interests on the ! `part` of CONSULTANT -'or its employees, must be discol$ed` _ a in writing,to CITY. Ye CONSULTANT is aware of the conflict of interest lawslTof: fx; 'the ' City of Miami (City of Miami Code Chaptier. ,. 2,. Article V), Dade County Florida (Dade County -Code Section 2-11.1) and the State of Florida, and agrees: rya that it shall full comply in all respect with' the' r �4 Y P Y P y 9 terms of said laws. r. s ��p$N1S�tT �C�NTRAC`I'02t! 3 CONSULTANT shall be deemed to be an independent contractor, I and not an agent or employee 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 ' 1 unclassified employees; further he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an r employee of CITY. XIV. TERMINATION OF CONTRACT: =' CITY retains the right to terminate this Agreement at any t 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, who shall.be paid for those services.performed prior.' to the date of its receipt of the notice of termination. In no y case, however, will CITY pay CONSULTANT an amount in excess of the. } totalsum 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 ..; t r s CONSULTANT any sum whatsoever. xt `aca z ms t'w 5-r '1 r rs r la, L r F h'ciF< tttr�J '1;15 -` t.- }Ak 77 BRIT in"Lin- ro: "matzos 5. Y :..,Q L� 0445 TWO Y iA �' ��s tr a..�... <...; r.. u�.e .,. .-.. ,,.': �-.• 1 ,... .. _. .r. .. � .�s.�, ... ___;;Sn_ , ,.... .. ,.. ,.�r„�'t.... S..,r`_kri' TIM 4 1 _ PF(OVISIONt f: In the event that CONSULTANT shall fail to comply with ea0h &nd 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. .x t iF._x4hd.�ii a NOW, yjjovn�, Novo. -AKA VOW-7 i7 t N s„{l,_ r i�Y[ 3 £ KP4f' fY Auwdii4Wsg("y, 7 'F d t �(' t 41, 1)a k .. S 7 CITY OF MIAMI. FLORIDA E #' ' INTER -OFFICE MEMORANDUM j ro: Honorable Mayor and Members DATE: of t City Commission SUBJECT: Resolution Authorizing the City Manager to, > Employ the Professional ' FROM: Cesar H. Odio REFERENCES: Services of Deloitte City Manager Haskins & Sells ENCLOSURES: RECOMMENDATION It;is respectfully. recommended that the City Commission approve tia the•.attached-resolution authorizing the City Manager to employy >the : professional services of Deloitte Haskins and Sells for, this purpose of analyzing and developing recommendations regarding the city's Telecommunications equipment needs. 3r BACKGROUND � The -Department of General Services Administration has analyzed the need for telecommunication systems consulting services for 11111scal- year1988'-89: Based upon their expertise and detailed t knowledge of the City's telecommunications systems, Deloitte Haskins and Sells have been selected to provide these services to„ Y .. the City which will encompass comprehensive review of n4-< telecommunication equipment and recommendations to improve Q1}� service for maximum efficiency. Funding for . this ` Y g purpose' is available' from the 1988-89 budget of the Communication Services "7v�• ' Division, General Services Administration Department. ,ss t BUDGETED AMOUNT: $34, 000.00 SOURCE OF FUNDS: 1988-89 Communication Services Division, General Services Administration De ar'tment" P Account #420601-640 in the amount ;of $34,lD00�Q��'�f Attachment Proposed Resolution Profeesional Services,Agreement ' Deloitte Haskins &Sells Proposal. 'i $� AMER. s "r .a t L q x 5�� � Ea � r x'�-`✓ '� �{r� t � � ' j'+ x k f v j— __- t y r ; *! +4 y 16 T 0 M t 90' 696 !i 0 �► 1i r ii� `� 0 tw Of MIAMI, f . k1#4 0.1 ` t° INTER -OF IC8 MEMORANDUM 1 . ,....�....ram.c-rr..r�......`�....i...�.a.....�.:. ...ir...:._..-.........._..-...�....�...�.�..,r...i......�...... ., t,. .._,. .o:ri�.y.�z,.Q ,�,= tb . OAT! : aanx%Ary `24- loco itnS + r' ,; w1111At1 .). �crAut ; t►z�*t+cs»esMcsnt supsrviser � i Pr u eme t n Bement Division :,�K! ct " Proia�csi aY isewiase of hcioitta HAp3ctnrs and 8ei.lz>;t, _- PROM ; RUti 6. ,Wi l i ieme, �Di . nSrEppr�Ys deneret 6erviees AdMinistration Ji 7.71 ..Y.�..��..w.+w.n►���.�..y��.�.r..wrM..�T••��w..��.�.r A..R..r.Y �..V4MY.. w��.���.Mb�.. r�..i.�NrM �..... .c.s .i ..• i This department truss verttied available sanding with tAe y Departments of Finance ana Budget that. funds are available to cover the coat of the BA:-vfc�g in the amount of 34+000.00_ Account Code Number 420601-490FY 1988-1.989. FINA14CE HKVIEW : APPROVED e'ls ADDITIONAL APPROVAL$ e (Except for items aprcopriated (IF REQUIRED) " and included in FY budget) 41 ar .os' t�'r►`rci"a, `75iiecrar �5ergl o'�oc�c�gus� F ��,� pepart�rt+nt of FinanceCity j4&nager actd't3ir4CtOr f� ,{, ``a"+ � c �;. Y i s rig n i n.� D,r� p�► x t asb ri e .: ti r �+�ir + atfGc;b,'1'f1hX REVIEW i APP VL'U BY.1 L 4e n _ A t�rioiiar euci+n�i�� G of Frank Casti+�tlRda, Dlr#totQ oeP�,rtment of euo Community Dcvelopm+ent'�"'*� 77 f�T 4 4� 4V vy: A,CW 4a 5 c.g�A� ap • � y Y a'�� �'"y7�'��"�{�r,�" ice' y a j{iR.�'}'.t r ?Y r 4 3 sugar ' ; er— s 4 j