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HomeMy WebLinkAboutR-80-0913RESOLUTION NO. A RESOLUTTON AUTHORIZING THE CITY MANAGER TO F.XECUT1: Till: ATTACHED AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES G'TTH ROVTDE "SLIP ORTIVE 1 l,UfTill: 1 %lP11Z )VI� 1FNTTO N OF , Tl11f ��C I TY'Sh ADMTNI S- DO��jrl�'i [�;�,F►j�/ fRATIVI: '1-lANA(;l'Nl:NT SAND `•iANA(-;Pll:NT INFORIMA- k- - � %� -1,:'1 fTON PROCF.SSF:S, k'1Tll 1'l'NDS THI:RI:FUR ALLOCATED F(����V JIf FRO`t TI11: C0NTIN(;1,'NCY FUND TN AN �1`tOLTNT NOT TO �f j(�/ [:XCEI:D S270,000. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Cite Manager is hereby authorized to execute the attached agreement for Professional Consultant Services with Booz, Allen & Hamilton, Inc., to provide for the improvement of the Citv's administrative management and management information proces:.s,with funds therefor hereby alloen ted from the Contingence Fund in an amount not to exeed S270,000. PASSED AND ADOPTED this 17th day of December, 1980. ATTEST: ALI'I�jG, ONGIE I TY CLERK Pi"E'PARFD AND APPROVED BY: ROBE1:'1' 1'. CL:\IIK ASSISTANT CITY AT (MNEY 131' ;T), rOl,::I.Y MICROFILMING, C('�"Pl_rTr,) MAGAZIfrL IIJ. 2U CITY C0!,!', !SS!0N i E-ETil14G OF UEC_ `...`... itfl&Aet.� ................... {i 1y 1 Ay' PROFESSIONAL SERVICES AGREEMENT This Agreement entered into as of the day of 1980, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "the City," and Booz, Allen & Hamilton Inc., a Delaware Corporation, having an office at 4330 East West Highway, Bethesda, Maryland 20014 (hereinafter referred to as the "Consultant"). WHEREAS the City wishes to contract for the services of a consultant to provide services for the improvement of the City's administrative management and management information processes, WHEREAS the Consultant has the capability to provide such services and desires to perform the services required by the City. NOW THEREFORE, in consideration of the payments hereinafter agreed to be made and the mutual convenants hereinafter set forth, the parties hereto do mutually agree as follows: ARTICLE I --SCOPE OF WORK A. The Consultant, as an independent contractor and not . as an agent of the City, shall use its best efforts to perform the services specified in the Statement of Work, attached hereto as Exhibit A and incorporated herein. B. All of the services to be performed hereunder by the Consultant shall be under the control and approval of the City and shall be performed in accordance with the guidance of the City, but in all other respects the Consultant shall be an independent Contractor and its employees shall at all times be and remain employees of the Consultant subject to its rights of direction, control and discipline. The City agrees that it shall make its books, records, and emplo,,-ees readily accessible to Consultants employees in the performance of their services, and that City employees mutually acceptable to the City and the Consultant shall be detailed to work with the Consultant as needed. DOCU t ARTICLE II --PERIOD OF PERFORMANCE The Consultant shall perform the work called for under Exhibit A during the period commencing upon execution of this contract by the City and continuing through two hundred and forty (240) days thereafter. ARTICLE III --CONSIDERATION AND PAYMENT A. In consideration of the performance of the work and/or services described in Article I above, the Consultant shall be paid its standard rates plus additional out- of-pocket costs for services rendered under this contract. The total cost of this contract shall not exceed $270,000 unless this agreement is amended in writing. B. Standard rates for billing purposes are as follows: - Officer -in -Charge (John C. Newman) $98.00 per hour Project Manager (Porter W. Homer) $43.00 per hour Managing Associate (Eric S. Hanssen) $71.00 per hour Associate (Berkley B. Thornton) $39.00 per hour Associate (Fredericka Wall) $57.00 per hour Technical Assistants $20.00 per hour Names in brackets indicate individuals now anticipated to be assigned to this assignment by the Consultant. Other staff, if assigned, will be billed at their standard rates. C. Consultant shall submit, monthly, an original and three copies of its invoice showing the total amount due in accordance with paragraph A. D. Differences of opinion with respect to Consultants professional judgment or technical conclusions shall not be the basis of rejection of Consultants invoices or withholding of payments otherwise due. ARTICLE IV --STANDARDS OF WORK The Consultant agrees that the performance of work and services pursuant to the requirements of this contract shall conform to high professional standards. its L! P =.a ®, •t L� LL-Uvv r ARTICLE V--CHANGES The City may at any time, by written order, make changes in the Statement of Work, Exhibit A, provided such changes are within the general scope of the Statement of Work. The City and the Consultant shall mutually determine whether the ordered changes can be accomplished within the total contract price and the extent of change, if any, in delivery schedules required by the ordered changes. Failure of the City and the Consultant to arrive at such mutual determinations Shall be a dispute concerning a question of fact within the meaning of the article entitled Disputes. ARTICLE VI --DISPUTES Should professional disagreements in the direction or quality arise between the City and Consultant, they shall be settled according to the following: 1) City's authori--ed representative and the Consultant's Officer - in -Charge shall discuss the dispute. Should no resolution arise then; 2) the dispute shall be settled by arbitration to be held in :Miami, before a single arbitrator appointed by the American Arbitration Association. The decision of the arbitrator shall be final and binding upon the City and Consultant, both as to law and to fact, and shall not be appealable to any court in an;: jurisdiction. The expenses of the arbitration shall be shared equally by the City and the Consultant. Pending the resolution of any - dispute/disagreement as provided above, both parties agree to proceed diligently with performance hereunder. ARTICLE VII--SUBCONTRACTS No subcontract, assignment or transfer of this Agreement shall be made by the Consultant for the furnishing of any or the work herein contracted for without the written approval of the City. ARTICLE VIII--TERMINATION The City may terminate this Contract in whole or in part at any time during the term of this Contract by serving notice of such termination upon the Consultant. In the event of said termination, the City shall be obligated to pay for services plus expenses rendered or incurred prior to said termination. r r— o r r �sf 0 Or ARTICLE IX --NONDISCRIMINATION IN EMPLOYMENT AND CONFLICTS OF INTERESTS The Consultants shall comply with the provisions of any and all Federal, State, County, and City Orders, Statutes, Ordinances, Rules, and Regulations which may pertain to the work required under this Acreement, including specifically those whichpertain to "Conflicts of Interest" and "Employment Discrimination," provided that the City has furnished the Consultant with copies of said provisions and L-he Consultant has had a reason- able time to review said provisions. ARTICLE X: OWNERSHTP Or DOCUMENTS All plans, proposals, reports, documents, research materials and other data developed as a result of this Agreement shall be- come the property of the CITY without restriction or limitation on their use. It is further stipulated that all information develop as a part of the project shall not be used by the CON- SULTAN� ithout prior submittal to the CITY and written approval from the CITY. It is further understood by and between the parties that any information, plans, reports, documents or other matter whatsoever, which is given by the CITY to the CONSULTANT pursuant to the Agree- ment shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purpose whatsoever without the written consent of the CITY. ARTICLE XT: PUBLIC RECORDS LAW CONSULTANT agrees that all documents and reports prepared and maintained by CONSULTANT, under the contract shall be subject to provisions of the Public Records Law, Chapter 119, Florida Statutes ARTICLE XII: INDEMNIFICATION The CONSULTANT shall defend, indemnify and save harmless the CITY against any and all claims, suits, actions for damages or action arising dur_inq the term of this agreement, for any personal injury, loss of life, or damage to property sustained by reason of or as a result of the CONSULTANTS (its agents, employees, or work- men) carelessness or negligence from and against any orders, judgments or decrees which may be entered thereon; and from and against all cost, attorneys fees, expense and liabilities incurred in the defense of any such claims and the investigation thereof. ARTICLE XII1: CONSTRUCTIOIT AGREEMENT The parties hereto agree that this Agreement shall be constructed and enforced according to the laws and statutes of the State of Florida. "S L11 µ ARTICLE XIV--ENTIRE AGREEMENT The foregoing Agreement, including Exhibit A attached hereto, constitute the entire Agreement between the parties as related to the services to be provided hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Witnesses: BOOZ, ALLEN & HAMILTON, INC. By: CITY OF MIAII, a municipal corporation of the State of Florida Attest: By: City Manager APPROVED AS TO FORM AND CORRECTNESS: City Attorney z`SUPP0'-7 T! LE 1f' 3 A F F I D A V I T STATE OF MARYLAND: COUNTY OF MONTGOMERY: being -first duly sworn deposes and says that he is a Vice President in the firm of Booz, Allen & Hamilton Inc. and as such is authorized to bind Booz, Allen & Hamilton Inc. to the attached and foregoing contract. SWORN TO & SUBSCRIBED BEFORE ME THIS DAY OF 1980. NOTARY PUBLIC �d� EXHIBIT A STATEMENT OF WORK Consultant shall assist the City Manager of Miami as rapidly and economically as possible to implement Consultants' recommendations for improvement of the City's administrative management and management information processes, as summarized in Consultants' report "Plan of Action Report" to the City Manager dated October 27, 1980. Consultants' best professional efforts shall be available to assist the City Manager in the following tasks: I. TASK 1--IMPROVF-MENT OF AUDIT PROCEDURES AND PROGRAMS The purpose of this task is to implement improvements in the City's present audit procedures and programs, as previously recommended by Consultant. This task will require the following steps: Preparation of draft legislation, for administrative and legal review, for subsequent submission by the City Manager to the Mayor and City Commission. The draft legislation shall be intended to create an Advisory Audit Committee Preparation of suggested operating procedures, calendar of events, and goals for the Advisory Audit Committee Preparation of suggested specifications and standards for future invitations to provide independent audit services to the City of Miami Provision of assistance to the Advisory audit Committee at its first organizational meeting, including orientation as to its creation and mission, and at subsequent meetings as necessary during the life of this contract Preparation of draft legislation, for administrative and legal review, for subsequent submission by the City Manager to the Mayor and City Commission which. shall create an Internal audit Office reporting directly to the City Manager Preparation of suggested operating procedures and responsibilities for the Internal audit Office. "S« P D 0 C L" t' '� of FG L L;►'���� 00-A EXHIBIT A (2) Statement of Work 2, TASK 2--REORGANIZATION OF FINANCE DEPARTMENT The purpose of this task is to reorganize and restructure the City's Finance Department to enable it to meet the new operat- ing and reporting requirements imposed upon the Department by Consultants' recommendations. This task will require the following steps for the general accounting and grant accounting, the trea- sury management, the risk management and the director's office operations of the Finance Department: Analysis of work -load for each functional operation imposed upon Finance Department by its responsibili- ties Analysis of operating procedures utilized by each functional operation to discharge its responsibilities Analysis of present organizational structure and autho- rized personnel complement as to ability to be respon- sive to responsibilities Development of proposed revised organizational structure necessitated by above analysis Development of appropriate personnel complement required to operate revised organizational structure to required operating and reporting requirements complete with position and qualification specifications Development of operating procedures required by reorganization and revised personnel complement Training and orientation of appropriate employees designated by the City Manager in administration and operation of new procedures and in discharging responsi- bilities imposed by reorganization Design and installation assistance for forms, procedures, and instructions required by reorganization and/or by new procedures Establish accurate estimate of installation cost to City of implementation. "SUPS' ! T I V E DOC } �i _ ORA 0` L..HIRIT A (3) Statement of Work 3. TASK 3--IMPROVEMENT OF INFORMATION SYSTEMS The purpose of this task is to implement improvements in tthe City's present financial data and performance data information systems, as previously recommended by Consultant. This task will require the following steps: Determine acceptability of recommended financial data and performance data to Mayor, City Commissioners and City Manager Design and installation of forms, procedures and instructions to provide appropriate: Quarterly financial data and bi-monthly performance data to the Mayor and City Commission Monthly financial data and performance data to the City Manager, Assistant City Managers, and Directors of Departments and Divisions Design and installation of forms, procedures, and instructions to establish appropriate: Quarterly expenditure and revenue estimate controls Expenditure controls to major character detail rather than present line item detail Consultation with all Offices, Departments, and - Divisions involved operationally in new forms, procedures, and instructions as to proposed changes Training and orientation of appropriate employees designated by the City Manager in the administration and operation of the financial and performance data systems and procedures Work with the City's present external auditor to achieve coordination of external auditor's quarterly financial data reports and with information require- ments of the Mayor, City Commissioners and City Manager. i'sU f FL (_ t„ ly'`r111 ........ _.._. 0R�64lHLR=:dr:1: R.e '.. ...m.r.....:..e.....-. r._. . r 00,.,, E,,L4IHIT A (4) Statement of Work '4 • TASK 4--IMPROVEMENT OF RESOURCE ALLOCATION SYSTEMS The purpose of this task is to implement improvements in the City's present budgeting and resource allocation systems and to improve the City's in-house staff capacity to administer a cost containment program, as previously recommended by Consultant. This task will reauire the following steps: Determination, in concert with the City Manager, of the organizational entity and the City employees to be utilized in administering the improved resource allocation systems. Training of employees designated by the''City Manager in appropriate wort: analysis techniques Design and development of procedures for the establishment of validated performance standards and unit costs 1, Design and installation of output reporting and planning systems including forms and procedures Conduct of pilot work analysis studies in no more than three City operations selected by the City Manager with the advice of Consultant. The work analysis studies shall be conducted by Cit, employees, after training by Consultant, under the supervision and guidance of Consultant. For the purposes of this step, a City operation is defined as a single purpose, organizationally integrated program comparable to the City's present equipment maintenance operation or its building :maintenance operation Establis...-ment of validated performance standards and unit costs for Cit: operations subjected to pilot .,ior}: anal•.•sis studies Design and estatiblisliriont of forms and procedures to integrate performance and unit cost standards into City's Ludget procedures Design of an operating plan for continuation and expanded coverage by the resource allocation systems to other City operations after completion of pilot work analysis studies to be conducted as a part of this contract "SUP O l l,7! E__ f 01 FC ,:1 80_9! 3 fig EknIBIT A (�) Stateme;it of Work It is understood that satisfactory completion of this task is dependent upon "the City" assigning sufficient, qualified City employees to work under supervision of the "Consultant" on this task. i G AiSU1 pnr--'!, D 0 C Ut~ ,, M,IBIT A (6) Statement of Work 51 TASK 5--IMPROVEMENT OF PURCHASING PROCEDURES AND The purpose of this task is to implement improvements in the City's present purchasing system, as previously recommended by Consultant. This task will require the following steps: Establishment of time tables, procedures and instructions to implement City-wide forecasting of purchasing requirements Establishment of procedures and instructions to increase competition for blanket purchase orders Establishment of procedureLs and instructions to expedite receiving reports and vendor payments to secure benefits of cash discounts offered by vendors Establishment of procedures to improve communications with user agencies to expedite purchases Establishment of plans and procedures to limit receiving points for delivery of purchases Establishment of procedures and instructions to insure competitive specifications and to increase vendor response to formal bid requests Establishment of procedures to provide effective and expeditious expenditure control information related to requested purchases by user agencies Establishment of effective Black minority vendor procurement policies.