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HomeMy WebLinkAboutR-78-0404• RESOLUTION NO. ! 5 8 404 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 THE/ TERMS AND CONDITIONS SET FORTH IN 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 attached —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. PASSED AND ADOPTED this 13th day of June ATTEST: 02j RA PH G ONGIE, CITY CLERK PREPARED AND APPROVED BY: V. TER V. PERCY ASSISTANT CITY ATTORNE Maurice A. Ferre , 1978. MAURICE A. FERRE, MAYOR AP'."�VED AS TO FORM ANRECTNESS: GEORGE KNOX, JR., ITY TOR EY "DOCUMENT INDEX ITEM NO. " 1/ as supplemented by *:dendum o. 1 11, CITY COMMISSION MEETING OF JUN I. 3 1978 RESOLUTION NO P.:MARKS• ....... AGREEMENT THIS AGREEMENT, made this day of , 1978, by and between the CITE' OF MIAMI, a municipal corporation tinder the laws of the State of Florida, (hereinafter called "CITY"), and ROBERT M. WEBSTER, 10200 Southwest 121 Street, Miami, Florida, 33186, (hereinafter called "FIRE COMPUTER SYSTEMS AND RECORDS CONSULTANT"). WITNESSETH: WHEREAS, the City of Miami (hereinafter sometimes referred to as the "DEPARTMENT OF FIRE"), desires to improve its record keeping capabilities, decrease response time of DEPARTMENT OF FIRE Personnel; and WHEREAS, the DEPARTMENT OF FIRE, desires to engage the Services of a Computer Systems and Records Consultant, (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 DEPARTMENT 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.R.E. systems as required by the DEPARTMENT OF FIRE. B. The CONSULTANT agrees to devote sufficient time to the preparation and implementation of said project, The time devoted 78404 to such services shall be rendered on a job basis and not oft 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 it accordance with the P.E.R,T, chart schedule, D. The CONSULTANT will be fully responsible to report to the Director, DEPARTMENT 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. G, PkOG1 A14MING 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- grog, 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. DOCUMENTATION is hereby defined as the collection of all information that the DEPARTMENT OF FIRE might need to know about the programs) 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 payments in full from the CITY for all professional and technical services rendered pursuant to 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 DEPARTMENT OF FIRE or the CONSULTANT, In that event, notice of termination of this contract shall be in writing, mailed or hand 4 delivered to the other party thirty (00) 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 SCHEDULING OF WORT 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, DEPARTMENT 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 AGREEMENT 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 materials which requires the expenditure of funds without written approval of the Director, DEPARTMENT OF FIRE or his designee. SECTION IX - OWNERSHIP OF WORK PRODUCT All statistical analysis, specifications, survey information reports, plans, drawings, and other data developed as a result of this agreement shall be delivered to the DEPARTMENT OF FIRE by the CONSULTANT and shall become the property of the DEPARTMENT OF FIRE without restriction or limitation or use. It is stipulated, however, that the DEPARTMENT OF FIRE will negotiate markceting rights with the -4- CONStftTANT upon completion of said Hroject.l" SECTION X - SIGNATORIES IN WITNESS WHEREOF, the parties hereto have i tdi' ideally and through their porper corporate officials executed this agreement, the day and year first above set forth. ATTEST: CITY CiI,.ERK r ! WITNESS ' WITNESS 111 PREPARED AND APPROVED BY TERR V. PERCY ASSISTANT ITY ATTORN Y APPROVED AS TO FORM AND CORRECTNESS -5- THE CITY OF MIAMI, a municipal corporation of the State of Florida By CITY MANAGER ROBERT M. WEBSTER CONSULTANT APPROVED :S TO ONTENT: DIRECTOR, DEPARTMENT OF FIRE 1/ The CONSULTANT will be required to comply with and abide by the comprehensive restrictions listed in Supplementary_ Section IX A, as set forth in Addendum No. 1. hereto. Evidence of the CONSULTA.NT`S acceptance of this requirement will be manifested by CONSULTANT affixing his initials thereon. NDUNi_NO, Ot LEMENTAR?..,SECTIOM_ ILA In consideration of the salary paid to CONSULTANT by the CITY and of the confidential position which CONSULTANT occupies and which brings him into close contact with the efforts of the CITY in engineering, research and development work, CONSULTANT hereby agrees that any inventions or improve- ments that 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 become the absolute property of the CITY. CONSULTANT also agrees not to reveal to any person any information concerning the CITY'S inventions, 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. 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 MIAMI City Manager 80 1 CITY OF :MA '.4I- t_OR)DA ►i aT'•= 3-'::it FIG _' r ;: oiOr2.+�z :�!':°:Y 0. !I M: • Joseph R. Grassie City Manager lief U. W. Brice Acting Director Department of Fire dune 2, 1978 Contract for Computer Systems and Records Consultant In order to provide a computerized Fire Information Retrieval and Entry System (C.A.D. and C.A.R.E.), it is necessary to secure the assistance of a highly technical individual with previous experience in the development of Computer Aided Dispatch Systems. The expertise of this individual will provide for the development of the necessary system software in-house, thereby effecting a savings to provide for a system customized for the Miami Fire Department. It is in the best interest of the Department and the City to proceed without delay in executing the enclosed contract. It is requested that you approve the contract and provide for City Commission action at the earliest opportunity. HWB: oc y)0 78-404 i MMW mom mom MOW E