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HomeMy WebLinkAboutR-82-0041RESOLUTION NO, 8 2 - 4 1 `'4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE JUNE 280 1978 AGREEMENT BETWEEN THE CITY AND ROBERT M. WEBSTER, AS A FIRE COMPUTER SYSTEMS AND RECORDS CONSULTANT, AT A SALARY OF $7,200 PER YEAR FOR A TERM NOT TO EXCEED 3 YEARS, WITH FUNDS THEREFOR ALLOCATED FROM THE 1976 AND 1981 CITY OF MIAMI FIREFIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND SALES. WHEREAS, the City of Miami engaged the services of Robert M. Webster, Computer Systems and Records Consultant for the design and implementation of a Computer Aided Dispatch and Computer Aided Report Entry System (C.A.D. and C.A.R.E.), for the Department of Fire; and WHEREAS, the Consultant has diligently performed said services and the Department of Fire is now desirous and in need of insti- tuting various other closely related computer aided informational systems, such as, statistics on incidents, manning, premise infor- mation, hydrants and mains, inventory, apparatus and vehicle log, manuals and minutes, finances, computer assisted training, contracts and licenses, organization telephone and address list, hospital emergency room and bed status, and schedule of activities; and, WHEREAS, the Department of Fire desires that the Consultant be retained and compensated at a salary of $7,200 per year for a term not to exceed 3 years, for the above stated purpose; and WHEREAS, sufficient funds are available through the 1976 and 1981 City of Miami Firefighting, Fire Prevention and Resuce Facili- ties Bond Sales; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an Amendment, in substantially the form attached hereto, to the June 28, 1978 Agreement between the City and Robert M. Webster, Fire Computer Systems and Records Consultant, at a salary of $7,200 per year for a term not to exceed 3 years, with funds CITY COMMISSION ' MEETING OF JAN 14 1989- 82 - 41, NNOWMK NO...............NNN :..................... N.N. Eq. therefor hereby allocated from the 1976 and 1981 City of Miami Firefighting, Fire Prevention and Rescue Facilities Bond Sales, PASSED AND ADOPTED this 14 day of January , 1982► ATTEST: RALP G. ONGIE ITY CLERK PREPARED AND APPROVED BY: 1�dd - ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND COR ECTNESS: GEOR F. KNOX, JR. CITY TTORNEY -2- Maurice A. Ferre M A Y O R 82 - 41 ' 35 CITY OF MIAMI. FLORIOA INTER -OFFICE MEMORANDUM TO Howard V. Gary City Manager 0 • 0!6co FROM Chief H. W. Brice, Director Department of Fire bdTE December 16, 1981 FILE: 51'9JECT. Amendment to Agreement with Robert M. Webster; Fire Computer Systems and Records Consultant PEFERENC£S City Commission Agenda - 1/14/82 = ENCLOSURES: w It is recommended that the agreement with Robert M. Webster, as a Fire Computer Systems and Records Consultant be extended and amended to include the overseeing of design. development and programming of Cu 0 ter ona complementary to the Computer Aided D stems is- v patch (C.A.D.) and Computer Aided Report Entry System (C.A.R.E.), which the Con- sultant has already established for the Department of Fire, and that the City Manager be authorized and directed to enter into said agreement. on June 28, 1978, the City entered into agreement with Robert M. Webster and Company for design and implementation of a Computer Aided Dispatch and Computer Aided Report Entry System (C.A.D. and C.A.R.E.). The consultant has diligently performed said services and the Department of Fire is now desirous and in need of instituting various other closely related computer aided informational systems. These informational systems include statistics on incidents, manning, premise -information, hydrants and mains, inventory, apparatus and vehicle log, manuals and minutes, finances, computer assisted training, contracts and licenses, organization telephone and address list, hospital emergency room and bed status, and schedule of activities. The design, development and programming of these informational systems will not only improve the department's record keeping capabilities, but more importantly, impact upon firefighting and rescue personnel in route to alarm situations, providing them with pertinent and vital information at the scene. The consultant will be retained and compensated at a salary of $7200 per year for a term not to exceed three years. Sufficient funds are available through the 1976 and 1981 City of Miami Firefighting, Fire Prevention and Rescue Facilities Bond Sales. Commencement of the consultant's work is anticipated as February 1, 1982. HWB:mm s2-41 AMENDMENT NUMBER 1 AMENDMENT TO CONTRACT BETWEEN THE CITY OF MIAMI AND ROBERT M. WEBSTER This AMENDMENT, entered into this day of , 1982, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida (hereinafter called "CITY"), and ROBERT M. WEBSTER AND COMPANY, Fire Computer Systems and Records Consultant, 6725 Twelve Oaks Boulevard, Tampa, Florida, (hereinafter called "CONSULTANT"), amending the existing Agreement between the CITY and the CONSULTANT, dated June 28, 1978. In consideration of the mutual covenants and agreements here- inafter set forth, and for and in consideration of other valuable con- sideration, the parties hereto covenant and agree as follows: 1. That SECTION I - "CONSULTANT'S SERVICES," shall be deleted in its entirety and substituted as follows: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees that he will oversee the design, development and programming of various other Computer Aided Informational Systems, com- plementary to the Computer Aided Dispatch (C.A.D.) and Computer Aided Report Entry System (C.A.R.E.) that the CONSULTANT has already established. These Systems will cover the following informa- tional areas: statistics on incidents; manning; premise information; hydrants and mains; inventory; apparatus and vehicle log; manuals and minutes; finances; computer assisted training; contracts and licenses; organization telephone and address list; hospital emergency room and bed status; and schedule of activities. B. The CONSULTANT agrees that he will continue to provide technical advice regarding any problems associated with the computer aided dispatch and incident reporting system as required by the DEPARTMENT OF FIRE. 82.41 C. The CONSULTANT will be fully responsible to report to the Director, DEPARTMENT OF FIRE, or his designee, on the Status of all ongoing Fire Department computer projects calling his atten- tion to new techniques, developments, deviations and time delays. D. The CONSULTANT shall meet periodically with the Miami Fire Department Management Information Systems Committee to review ongoing Fire Depart- ment Computer projects and make recommendations for any necessary changes or modifications. 2. That SECTION II - "DEFINITIONS," paragraph B. "PROJECT," shall be deleted in its entirety and substituted as follows: B. PROJECT is hereby defined as the overseeing of design, development, and programming of various other Computer Aided Informational Systems, com- plementary to the Computer Aided Dispatch (C.A.D.) and Computer Aided Report Entry System (C.A.R.E.) that the CONSULTANT has already established. The informational systems are described under "SECTION I - CONSULTANT'S SERVICES." 3. That SECTION II - "DEFINITIONS," paragraph H. "JOB BASIS," shall be deleted in its entirety. 4. That SECTION III - "COMPENSATION FOR SERVICES," shall be deleted in its entirety and substituted as follows: SECTION III - COMPENSATION FOR SERVICES The DEPARTMENT OF FIRE agrees to pay the CONSULTANT and the CONSULTANT agrees to accept as pay- ments in full from the CITY for all professional and technical services rendered pursuant to this Agreement a fee of SEVEN THOUSAND TWO HUNDRED ($7200) DOLLARS per year for a term not to exceed THREE (3) YEARS, paid at the monthly rate of SIX HUNDRED ($600)• DOLLARS. The CONSULTANT may, upon NINETY (90) DAY written notice to 0 Witnesses: d 4. the DEPARTMENT OF FIRE, request an increase in compensation duly substantiated because of increased time and involvement, for the appro- val of the CITY. If said increase is approved by the CITY, ti shall be attached to this Agree- ment in the form of a written Amendment to be signed and executed by both parties hereto. No deduction of any kind will be made from the monthly payments to the CONSULTANT. Payment of all taxes, such as, Federal Income Tax, Social Security Tax, etc., will be the responsibility of the CONSULTANT. Necessary office supplies, equipment, office space and telephone required in connection with the project shall be furnished by the DEPARTMENT OF FIRE. 5. That SECTION V - "SCHEDULING OF WORK," shall be deleted in its entirety and substituted as follows: SECTION V - SCHEDULING OF WORK The work of the CONSULTANT shall begin on a February 1, 1982, and will terminate on Febru- ary 1, 1985, or upon completion of the Project, whichever coines first. The CONSULTANT shall review and evaluate the Project with his super- visor, the Director, DEPARTMENT OF FIRE, or his designee. 6. The herein Amendment supercedes any prior con- tractual terms to the contrary and all other terms and conditions remaining as agreed. CONSULTANT 1 y: ROA'RT M.WEBSTER A 82-41 a� a 4P THE CITY OF MIAMI, a municipal corporation of the State of Florida Attest: By: CITY MANAGER CITY CLERK APPROVED AS TO CONTENT: DIRECTOR, 1319PARTMENT OF FIRE REVIEWED BY: 'I ASSISTANT CV TY ATTORNEY APP OVED At6' 0 FORM AND COR TNESS: GEPRPE F. -KNOX, JR. C&YJ ATTORNE 6. 82-41 AGREEN�EN' THIS AGREEMENT, made this '� day of 1978, by and between the CITY OF MIAMI, a mLnicipal corporation under the laws of the State of Florida, (hereinafter called "CITY"), and ROBERT M. S,EBST£R, 10200 Southwest 121 1treet, Miami, Florida,•33186, (hereinafter called "FIRE CO2IPUTER SYST.. "'IS AND RECORDS CONSULTANT") . WITNESSETH: WHEREAS, the City of Miami (hereinafter sometimes referred to as the "DEPARTMENT OF FIRE"), desires to _reprove its record keeping capabilities, decrease response time of DEPARTMENT OF FIRE Personnel; and t,THEREAS, the DEPARTMENT OF FIRE, desires to engage the Services of a Computer Systems and Records Cinsultant, (hereinafter called "CONSULTANT"), for the design and implementation of a Computer Aided Dispatch and Computer Aided Report Entry System, (hereinafter called "C.A.D. and C.A.R.E."); and WHEREAS, the CONSULTANT is capable and desirous of per- forming such services; and WHEREAS, it is the DEPARTMENT OF FIRE'S desire that the CONSULTANT shall be retained and compensated at a salary of TWENTY- SEVEN THOUSAND ($27,000) DOLLARS per year for a term not to exceed FOUR (4) years; and WHEREAS, sufficient funds are available through the City of Miami Fire Suppression, Fire Prevention and Fire Rescue Facilities Bond Sales; and NOW, THEREFORE, the DEPART:!ENT OF FIRE and the CONSULTANT for consideration hereinafter set forth agree and covenant, one unto the other, -as follows: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees that he will perform such design and implementation of the C.A.D. and C.A.:-.E. systems as required by the DEPA.R7'*-E:'.T OF FIRE. B. ='r.p CONSUI,Tr?�T agrees to devot: sufficient time to the preparation and implementation of said proje.t. The time devoted 82-41 to such services shall be rendered on a job basis and not on an hourly basis. C. The CONSULTANT agrees to plan the design, development and supervise the programming of a C.A.D. and C.A.R.E. System. He agrees to be responsible for the installation of an operational and integrated system in both cases in accordance with the P.E.R,T, chart schedule, D. The CONSULTANT will be fully responsible to report to the Director, DEPAR711ENT OF FIRE or his designee, on the Status of the project and calling his attention to techniques, developments, deviations, time delays, etc. E. The CONSULTANT shall maintain a current set of flow charts, reports, drawings, documentation, and test reports. These reports, flow charts, drawings, documentation and test reports shall become the property of the DEPARTMENT OF FIRE. SECTION II - DEFINITIONS A. DEPARTMENT OF FIRE is hereby defined as the City of Miami Fire Department, Miami, Florida. B. PROJECT is hereby defined as the design and implemen- tation of a Computer Aided Dispatch and Computer Aided Report Entry Systems. C. CONSULTANT is hereby defined as ROBERT M. WEBSTER. D. DESIGN is hereby defined as the process of specifying an interconnection of logic elements so that a desired function is performed. This will entail the task of preparing a system flow chart, program specifications, record descriptions, screen formats, ', printer layouts, etc. E. DEVELOPMENT is hereby defined as creation of new technology in computer aided dispatch and report entry which will accomplish the defined objectives. F. IMPLEMENTATION is hereby defined as the process which is necessary for a fully operational computer aided dispatch and report entry systems so that the systematic flow of. data is accom- plished in a smooth and orderly fashion as defined by the system design. .2- G. PROGRAMIMING is hereby defined as coding of sequential commands in a particular computer programming language which will accomplish pre -defined results. Coding refers to the writing, debug- ging, and testing of computer software for a given set of specifi- cations. H. JOB BASIS is defined as a normal work week plus any additional time over and above the normal work week that is needed to adequately perform the duties of the position. • I. DOCUrENTATION is hereby defined as the collection of all information that the DEPARTMENT OF FIRE might need to know about the program(s) and system(s) to include all of Section I-E. SECTION III - COMPENSATION FOR SERVICES The DEPARTMENT OF FIRE agrees to pay the CONSULTANT and the CONSULTANT agrees to accept as pa}gents in full from the CITY for all professional and technical services rendered pursuant to r this agreement a fee of TWENTY-SEVEN THOUSAND ($27,000) DOLLARS per year paid at the bi-weekly rate of ONE THOUSAND THIRTY EIGHT and 46/100 ($1038.46) DOLLARS plus benefits as described in attached (Exhibit "A"). The CONSULTANT will receive cost of living raises consistent with those granted non -uniform City of Miami employees. This fee will be paid on a bi-weekly basis. No deduction of any kind will be made from the bi-weekly payments to the CONSUL- TANT..,Payment of all taxes such as Federal Income Tax, Social Security, etc., will be the responsibility of the CONSULTANT.. Necessary office supplies, equipment, office space and ., telephone required in connection with the project shall be furnished by the DEPARTMENT OF FIRE. SECTION IV - TERMINATION OF AGREEMENT The DEPARTMENT OF FIRE and CONSULTANT retain the right to terminate this agreement for any reason at any time prior to the completion of the project without penalty or any further liability to the DEPART2�IENT OF FIRE or the CONSULTANT. In that event, notice of: termination of this contract shall be in writing, mailed or hand -3- 82 h1 delivered to the other party thirty (30) days prior thereto. The CONSULTANT shall be paid for services rendered prior to effective date of termination in accordance with SECTION III - COMPENSATION FOR SERVICES. SECTION V - SCI:EDULING OF WORK The work of the CONSULTANT shall begin July 1, 1978, and will continue through the completion of the Project. The CONSULTANT shall review and evaluate the Project with his supervisor, the Director, DEPART2.IENT OF FIRE or his designee on a periodic basis as outlined in the P.E.R.T. chart. The following interval of activi- ties will be scheduled based on these periodic reviews. SECTION VI - EXTENT OF AGREErMNT This agreement represents the entire and integrated agree- ment between the DEPARTMENT OF FIRE and the CONSULTANT and supersedes all prior negotiations, representations or agreements, whether written*. or verbal. This agreement may be amended only by written instrument signed by both the DEPARTMENT OF FIRE and the CONSULTANT. SECTION VII - SUCCESSORS AND ASSIGNS The CONSULTANT shall make no assignments or transfer of this agreement or sublet, assign or transfer any part of the dueties under this agreement without the written consent of the DEPARTMENT OF FIRE. SECTION VIII - RIGHTS OF DECISIONS Although the CONSULTANT will act with authority with respect to the technical administration of the Project as set forth in Section I, he shall have no authority to approve or order any work, equipment or mateeials which requires the expenditure of funds without written approval, of the Director, DEPARTMENT OF FIRE or his designee. SECTION IX - Ot.TNEP.SHIP OF WORK PRODUCT All statistical analysis, specifications, survey information reports, plans, drawings, and other data developed as a result of this agreement s'lall be delivered to the DEPARTMENT OF FIRE by the CONSULTANT and shall become the property of the DEPARTMENT OF FIRE . without =estric:icn or limitation or use. It is stipulated, however, that the DEPA-71ENT OF FIRE will negotiate marketing rights with the -4- CONSULTANT upon completion of said Project.i� SECTION X - SIGNATORIES IN WITNESS 1%HEREOF, the parties hereto have individually and through their porper corporate officials executed this agreement, the day and year first above set forth. THE CITY OF MIAMI, a municipal corporation of the State of F1---- -'- By e� ITY Ci ZRK CZ-? (� _ I k)04;z'1L- ROBERT M. WEBSTER ` CONSULTANT APPROVED S TO ONTENT: DIRECTOR, DEPARTMENT OF FIRE PREPARED AND APPROVED BY i . TERRV. PERCY ATTORNt- ASSISTANTIITYY APPROVED AS TO FORM AND CORRECTNESS -5- 1/ The CONSULTF?NIT will be required to comply with ,and abide by the comprehensive restrictions listed in Supplementary Section IX A, as set forth in Addendum h1o. 1 hereto. Evidence of the CONSULTr?,-T'S acceptance of this requirement will be manifested by CONSULTANT affixing his initials thereon. 82-41 ADDENDUM NO, 1 SUPPLIiEI'TARY SECTION IX A In consideration of the salary paid to CONSULTANT by the CITY and of the confidential position which CONSULTANT occuLies and which brines him into close contact with the effor•.s of the CITY in engineering, research and development work, CONSULTANT hereby agrees that any inventions or improve- ments t}:at he may make, invent, acquire, or suggest during his employment, relating generally to any matter or thing connected in any wad- with or relating to the work carri-2d on by the CITY shall become the absolute property of the CIT`, . CONSULTAL''r also agrees not :o reveal to any person any information concerning the • CITY'S inver.`_ions, processes, or methods. CONSULTANT further agrees that any inventions which shall result from said employment, to be used in connection with the business of the CITY, shall, at the request and expense of the CITY, be protected by patents, such patents to become the sole property of the CITY. CONSULTA-T further agrees that he is prohibited and barred forever from directly or indirectly bidding upon any proposed CITY contract or agreement involving the subject matter of the herein Agreement. ROBERT M. WEBSTER CONSULTANT CITY OF J y E t City Manager 82 - 4 1 1 ADDENDUM N0, 1 SUPPLEiENTARY SECTION IX A In consideration of the salary paid to CONSULTAI,1T by the CITY and of the confidential position which CONSULTANT occu_ies and which brings him into close contact with the efforts of the CITY in engineering, research and development work, C ONSULTP_2.,T hereby agrees that any inventions or improve- ments t}:at he may make, invent, acquire, or suggest during his employment, relating generally to any matter or thing connected in any way with or relating to the work carried on by the CITY shall becor.e the absolute property of the CIT%• . CONSULTAM also acrees not -o reveal to any person any information concerning the .CITY'S inver.=ions, processes, or methods. CON=ULTANT further agrees that any inventions which shall result from said employment, to be used in connection with the business of the CITY, shall, at the request and expense of the CITY, be protected by patents, such patents to become the sole property of the CITY. CONSULTANT further agrees that he is prohibited and barred forever from directly or indirectly bidding upon any proposed CITY contract or agreement involving the subject matter of the herein Agreement. ROBERT M. WEBSTER CONSULTANT CITY OF MT?24 � y i � CCity Manager 82-41 / A EXHIBIT . "A" FIRE C0:•iPUTER SYSTEt•SS AIv'D RECORDS CO2�SULTA2�T BENEFITS 1. F.I.C.A. Self.Employment Tax Differential - 2.5% ' 2. Workmen's Compensation Insurance 0 82-41 RESOLUTION N0, 7 S— ' UCl A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ROBERT M. WEBSTER, AS A FIRE COMPUTER SYSTEMS AND RECORDS CONSULTANT, IN ACCORDANCE WITH THE1/ TERMS AND CONDITIONS SET FORTH I1; THE ATTACHED — AGREEMENT; WITH FUNDS THEREFOR ALLOCATED FROM THE CITY OF MIAMI FIRE SUPPRESSION, FIRE PREVENTION AND FIRE RESCUE FACILITIES BOND SALES. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the attaches —agreement for a Fire Computer Systems and Records Consultant, in accordance with the terms and conditions set forth therein, with funds therefor hereby allocated from the City'of Miami Fire Suppression, Fire Prevention and Fire Rescue Facilities'Bond Sales. v PASSED AND ADOPTED this day of , 1978. MAURICE A. FERRE, MAYOR ATTEST: RALPH G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: /UA44 �. TER V. PERCY ASSISTANT CITY ATTORNE AP. VED AS TO FORM AN RECTNESS: GEORGE KNOY., JR. , tITY TOR JEY 1/- as supplemented by A dendum o. 1 -2- 82-41 2