HomeMy WebLinkAboutReso 2014-2225RESOLUTION NO. 2014 - �2,a:s
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH GLADYS GONZALEZ TO PROVIDE PROJECT
MANAGEMENT SERVICES FOR THE IMPLEMENTATION OF A
NEW FINANCE SYSTEM, IN AN AMOUNT NOT TO EXCEED
SEVENTY -FIVE THOUSAND DOLLARS ($75,000.00), ATTACHED
HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is in need of a Project Manager to plan, execute and finalize the MCSJ
Application Software for the new Finance System; and
WHEREAS, the role of the Project Manager is to plan, execute, and finalize projects
according to strict deadlines, oversee quality control throughout the project life cycle, and facilitate
completion of the project on -time and within budgetary constraints ; and
WHEREAS, Gladys Gonzalez has expressed the ability and desire to provide these services
subject to the terms and conditions contained in the Agreement; and
WHEREAS, the Consultant is qualified, willing and able to provide the desired services, and
the City desires to enter into an agreement with Gladys Gonzalez to provide these services in an
amount not to exceed Seventy -Five Thousand Dollars ($75,000.00), attached hereto as Exhibit "A ".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Agreement with Gladys Gonzalez to provide Project
Management Services for the new Finance System, in an amount not to exceed Seventy -Five
Thousand Dollars ($75,000.00), attached hereto as Exhibit "A ", be, and the same, is hereby
approved.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
R2014- Gladys Gonzalez Agmt Page I of 2
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 17t1i day of April 2014
ATTEST:
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM
AND LEGAL. SUFFICIENCY:
City Attorney
Vote: S -b
orman S. Edelcup, Mayor
Moved by: pry
Seconded by: �lntirna.ti►�1 pyy�Cl -{OLL
Mayor Edelcup
✓ (Yes)
(No)
Vice Mayor Aelion
(Yes)
(No)
Commissioner Gatto
V (Yes)
(No)
Commissioner Levin
v7(Yes)
(No)
Commissioner Scholl
AZ(Yes)
(No)
R2014- Gladys Gonzalez Agmt Page 2 of 2
SJNNY S
OF B
n
= CITY OF SUNNY ISLES BEACH AGREEMENT
WITH GLADYS GONZALEZ
' OP• r
CONTRACT NO. C1314 -044
N
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement ")
is made in duplicate, this 11 day of AT VA V 2014, by and between the CITY
OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City "), and GLADYS
GONZALEZ, (hereinafter referred to as "Consultant ") whose Federal I.D. # is
RECITALS
WHEREAS, the City is in need of a Project Manager to plan, execute and finalize
projects within the City ( "Services "), as more thoroughly described in the attached Attachment
"A" which is attached hereto and incorporated herein by reference; and
WHEREAS, Consultant has expressed the ability and desire to provide these Services
subject to the terms and conditions contained in this Agreement; and
WHEREAS, the City desires to contract with Consultant to provide Project Management
Services, as more fully described in Attachment "A" which is attached hereto and incorporated
herein by reference, in a total amount not to exceed Seventy -Five Thousand Dollars
($75,000.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. The City has employed the Consultant to provide the Services outlined
in the attached Attachment "A" which is hereby incorporated and made a part of this Agreement
by reference. Consultant represents that it is thoroughly familiar with and understands the
requirements of the project management services and that it is experienced in the administration
and management of the type and scope of Services contemplated herein. Consultant represents
to City that Consultant has all necessary education, skill, knowledge, and experience required for
project management services described herein and will maintain, at all times during the term of
this Agreement, such personnel on its staff to provide the Services contemplated herein within
the time periods hereby. Consultant agrees to have a qualified representative to audit and inspect
the Services provided on a regular basis to ensure all Services are being performed in accordance
with the City's needs and pursuant to the terms of this Agreement, and shall report to the City
accordingly. Consultant agrees to immediately inform the City via telephone and in writing of
any problems that could cause damage to the City's property, improvements and persons.
Consultant will require its employees to perform their work in a manner befitting the type and
scope of Services to be performed.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Section 8 hereunder, this Agreement shall commence from the issuance of a Notice to
Proceed from the City Manager or his designee and shall terminate in one (1) year thereafter.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
Payment will be made only for work completed to the satisfaction of the City. Consultant is to
commence performance of work on the Commencement Date and continue in a diligent manner
until work is complete. Consultant acknowledges that compliance with the commencement and
completion schedule is the essence of this Agreement. The terms of Sections 16 and 17 entitled
"Indemnification and Waiver of Liability" and "Compliance with Law" respectively, shall
survive termination of this Agreement.
4. COMPENSATION. As the entire compensation under this Agreement and during the
terms of this Agreement, in whatever capacity rendered, the City shall pay Consultant an amount
not to exceed Seventy -Five Thousand Dollars ($75,000.00), billed hourly at Sixty -Eight Dollars
($68.00) per hour, with an initial Two- Thousand Dollars ($2,000.00) due upon execution of the
Agreement, for the performance of the stated Services. Payment to Consultant for all charges
and tasks under this Agreement shall be in accordance with this Agreement and the schedule of
charges reflected in Attachment "A ", which fee shall be disbursed on a monthly basis and under
the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract.
b. Payment Schedule. Invoices received from the Consultant pursuant to this
Agreement will be reviewed by the initiating City Department. If Services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Consultant will clearly state "final invoice" on the Consultant's final /last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Consultant.
Consultant shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Consultant with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Consultant.
Consultant shall not pledge the City's credit or make it a guarantor of payment or surety
for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Consultant
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other parties
shall be approved in writing by the City. If requested, Consultant shall deliver the documents to
the City within fifteen (15) calendar days.
7. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents or employees, as indicated below:
❑ Professional Liability ( "Errors and Omissions ") insurance with minimum limits of
One Million Dollars ($1,000,000) per occurrence.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self- insurance maintained by the City. Such insurance shall not diminish Consultant's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authoozed to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A- Excellent. Before any work under this Agreement is
performed, and at any time upon request, Consultant shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms
and issued by insurance companies acceptable to the City Manager or his designee. All
insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves the
right from time to time to change the insurance coverage and limits of liability required to be
maintained by Consultant hereunder. Consultant shall also require and ensure that each of its
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
sub- contractors providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Consultant shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Consultant in an
amount equal to the actual cost of a third party to cure such failure. If Consultant
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant shall be delivered to the City and
the City shall compensate the Consultant for all Services satisfactorily
performed prior to the date of termination, as provided in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Consultant and the City may reasonably withhold payment to Consultant
for the purposes of set -off until such time as the exact amount of damages due
the City from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i)
and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
9. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
10. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Consultant under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Consultant of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Consultant from violating such
provisions.
11. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Hans Ottinot
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida 33160
Tel: (305) 792 -1702
If to the
Gladys Gonzalez
Consultant:
Management Consultant
6210 Leonardo Street
Coral Gables, FL 33146
Tel: (305) 519 -5936
12. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County,
Florida.
13. AUDIT. The Consultant shall make available to the City or its representative all
required financial records associated with the Agreement for a period of Three (3) years.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
14. NON - DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital /familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Consultant agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708),
which prohibits discrimination against the handicapped in any Federally assisted program.
15. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of the Services. The
Consultant further covenants that in the performance of this Agreement, no person having any
such interest shall knowingly be employed by the Consultant. The Consultant guarantees that
he /she has not offered or given to any member of, delegate to the Congress of the United States,
any or part of this contract or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against claims, damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising out of or resulting from the Consultant's negligent
acts, errors, mistakes or omissions relating to professional services in the performance of this
Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents,
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
services in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Consultant may be legally liable. The parties agree that One
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947 -0606 phone (305) 949 -3113 Fax
Hundred Dollars ($100.00) represents specific consideration to the Consultant for the
indemnification set forth in this Agreement.
17. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations
and ordinances of any federal, state, or local governmental authority having jurisdiction with
respect to this Agreement ( "Applicable Laws ") and shall obtain and maintain any and all
material permits, licenses, approvals and consents necessary for the lawful conduct of the
activities contemplated under this Agreement.
18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document, including
any attachments hereto. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any attachment attached hereto, or any document or events referred
to herein, or otherwise incorporated by reference, the term, statement, requirement, or provision
contained in this Agreement shall prevail and be given superior effect and priority over any
conflicting or inconsistent term, statement, requirement or provision contained in any other
document or attachment, including but not limited to Attachment "A ", attached hereto.
19. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
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PROJECT MANAGEMENT SCOPE OF WORK (SOW)
The role of the Project Manager is to plan, execute, and finalize projects according to strict deadlines and within
budget. This includes coordinating the efforts of team members and third -party consultants in order to deliver projects
according to plan. The Project Manager will oversee quality control throughout the project life cycle, and facilitate
successful completion of the project on -time and within budgetary constraints.
To support the implementation of the MCSJ Application Software at the City, the Project Manager will provide Project
Management services throughout the project. Generally these services include the following:
• Project plan management;
• Project document management;
• Issue log management and escalation;
• Provide the City with a bi- weekly status report that outlines the tasks completed during the prior weeks, the
upcoming tasks that need to be completed during the coming weeks, the resources needed to complete the
tasks, a current version of the project plan, and a listing of any issues that may be placing the project at risk
(e.g., issues that may delay the project or jeopardize one or more of the production dates).
• Facilitate a project status meeting with Vendor and City key project stakeholders to review the project status
report, project plan, risks and issues and change orders.
• Develop a Project Communication Plan and Escalation Plan;
• Change order management;
• Resource management;
• Executive project oversight and quality assurance;
ATTACHMENT "A"
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F • Fk0
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
VIA: Christopher J. Russo, City Manager
FROM: Derrick L. Arias, Chief Information Officer
DATE: 4/17/2014
RE: Authorization to enter into an agreement with Gladys Gonzalez for
Project Management services, in an amount not to exceed
$75,000.00.
RECOMMENDATION:
It is recommended that the City Commission approve this resolution authorizing
the City Manager to enter into a consulting agreement with Gladys Gonzalez, in
order to obtain project management services for the implementation of the City's
new finance system, approved at the February 20, 2014 City Commission
meeting via Resolution # 2014 -2188.
REASONS:
In order to facilitate the successful implementation of the new system, it is
recommended that the City have a professional project manager on -site, to
collaborate with our staff and manage timelines and objectives so that the project
flows smoothly. This additional help will be crucial to the success of this
implementation, considering that we will be entering budget preparation which
will occupy a significant portion of the Finance Department staffs time, and the
additional workload that this project will place on the HR Department staff.
FUNDING SOURCE:
Funding is available in account number 10- 513 -5643.
ATTACHMENTS:
• Resolution
• Agreement
Agenda Item No I OF
Date 4/17/2014
176