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HomeMy WebLinkAboutMaximus Inc Services Agreement c;10tJ5- C>,05 t~tj9 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND MAXIMUS, INC., TO CONDUCT AN ANALYSIS TO DETERMINE THE MOST EFFECTIVE PERSONNEL STAFFING LEVELS, DEPLOYMENT, AND EVALUATE EXISTING POLICIES GOVERNING OVERTIME, OFF-DUTY AND SECONDARY EMPLOYMENT FOR THE MIAMI BEACH POLICE DEPARTMENT THIS AGREEMENT made and entered into this _LlJh day of ~005, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and MAXIMUS, Inc. (hereinafter referred to as Consultant), whose address is 3800 Esplanade Way, Suite 300, Tallahassee, FL 32311. SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant. City Manager: The Chief Administrative Officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent Consultant, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement, as described in Section 2. Fee: Amount paid to the Consultant to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673- 7023. 1 SECTION 2 SCOPE OF WORK 2.1 SERVICES The Scope of Services ("Services") of this Agreement shall be generally for Consultant to provide the City with services based upon the Request for Proposal (RFP) No. 40- 03/04 for an Analysis of the Miami Beach Police Department and Consultant's response thereto, dated December 2, 2004. In the event of a conflict between these documents and this Agreement, the following order shall prevail: this Agreement; RFP No. 40- 03/04; and Consultant's proposal in response thereto, dated December 2, 2004. The RFP and Consultant's response thereto shall be incorporated by reference to this Agreement as if fully set forth herein. The Consultant shall achieve the following goals and provide the following services for the City through its analysis to determine the most effective personnel staffing levels, deployment, and evaluate existing policies governing overtime, off-duty and secondary employment for the Miami Beach Police Department: SURVEY, TASK 1: PROJECT PLAN FINALIZATION AND PROJECT MANAGEMENT In this project task, the Consultant project manager will work with the Police , Department's project management to finalize the project plan, refine the scope, discuss project protocols, and refine the project calendar. At that time, Consultant will finalize the project tasks and develop a weekly project calendar that will track all project activity and schedule all project deliverables. Throughout the course of the project, Consultant will work closely with a project working group comprised of representatives from Police, Labor Relations, Internal Audit and Office of Budget and Performance Improvement, as well as meet to review major milestones with a project steering committee, Consultant will review the work plan and schedule to make certain either that the project remains on schedule or that the schedule is adjusted to meet the needs of the department. SURVEY, TASK 2: SCANNING THE ORGANIZATIONAL CLIMATE As part of the survey of the Police Department, it is important for the project team to understand the administrative and policy climate in which the Police Department operates. The Consultant project manager and deputy project manager will conduct interviews with the City management and Departmental management to gain this understanding. Consultant anticipates that the City interviews will include the City Manager, appropriate deputies, Chief Financial Officer, Human Resources Director, and Information Technology Director. These interviews will focus on the overall city management structure, finance, human resources policies and practices, and information technology support, as they relate to Police operations. The Department interviews will include the Chief, principal Division command personnel, and the District captains. In these interviews, Consultant will gain an oversight of the Department's structure, policies and procedures, and general support systems. Consultant will also identify other departmental personnel for interview as well as determine the availability and format of departmental operational data. 2 UNDERSTAND, TASK 1: INTERVIEWS AND DETAILED DATA COLLECTION In this task, Consultant will undertake interviews within the Department and the collection of detailed data and information regarding operations. This data collection is more extensive and represents a significant project effort. Consultant will use several different techniques for obtaining this information; together, Consultant will collect sufficient information so as to be able to address precisely each and every service issue to be evaluated. Consultant will determine the final interview and data collection lists based on preliminary interviews. At a minimum, Consultant anticipates interviewing all command personnel and representative supervisory personnel. Consultant will also conduct a series of ride-alongs with officers in order to understand their perspective on department deployment and operations and to observe departmental field policies and procedures in operation. At a minimum, data collection will include, but is not limited to: · All written policies, procedures, and directives, including patrol, investigative procedures, special unit policies and procedures, overtime policies and procedures, and off-duty and secondary employment policies and procedures. · Applicable collective bargaining agreements and supplements · Work volume activity, including arrest data, warrants processed, ticketing/citation/warning data, incident reports, contact data, transport data, court data · Calls for service history for the past year to the lowest level of detail possible, preferably by call type, time, and date · Staffing counts for the past year to the lowest level of detail possible, preferably by shift, district, and time, including regular deployment, special assignments, training assignments, and leave · Overtime and special assignment time to the lowest level of detail possible, preferably by date, shift, and assignment · Off-duty employment assignments for the past year to the lowest level of detail possible, preferably by date, time, and personnel · Critical incidents and special operations · Investigative case assignment and case volume data · Departmental budget histories · Community demographics Consultant will use the interviews and data for their analyses in the following project tasks. UNDERSTAND, TASK 2: CONDUCT MANAGEMENT AND OPERATIONAL REVIEWS OF RELEVANT POLICIES AND PROCEDURES: Work steps for this task will include: · Review and evaluate the Police Department's policies and procedures, and operating procedures (written directives) especially with regard to staffing issues. Topics to be covered include, but are not necessarily limited to, the following: · Call prioritization. · Call response policies. · Report writing guidelines. · Critical incidents and special operations 3 · Investigative case assignment and case management policies. · Special unit allocation policies. · Overtime policies and procedures. · Off-duty employment and secondary employment regulations. . Review methods to disseminate and ensure compliance with rules and procedures, departmental policies and written direc~ives. . A critical component of this task will be a review of appropriate bargaining unit contracts and memorandums of understanding. Task Deliverable: Preliminary report presenting the initial results oftheir assessment of management policies and procedures. Consultant will review this report with the project Steering Committee to ensure clarity and thoroughness, and to discuss the implications of their findings and conclusions for assessing staffing issues. UNDERSTAND, TASK 3: REVIEW THE CURRENT OPERATING ENVIRONMENT In this task, Consultant will gain an understanding of the departmental operating environment including the following: . Arrests; . Calls for services; · Request for requests for Police personnel to work in an off-duty capacity at various commercial establishments, a significant number of major events and traffic control at road construction sites; . Current schedules; . Regular and overtime staffing levels; . The frequency of patrol overtime; . Off-duty and secondary employment. Task work steps will include: · Complete a thorough review of statistical data relative to: local population and demographics, both current as well as trends and projections; socioeconomic characteristics in and around the city; legal requirements and constraints; traffic congestion; residential, commercial, and industrial growth; zoning and land use patterns; and other factors which are anticipated to influence Police service provision. · Review current workload data including: arrests, calls for Police service, received and dispatched; the breakdown of calls for service by type, frequency, distribution and relative priority; alternatives to traditional Police response; proactive activities; non-criminal service requests; response times; number of crime reports received and mutual aid agreements. · Review the process used to allocate off-duty officers to work at commercial establishments and the workload generated by such off-duty work for on-duty officers. · Assess the extent to which off-duty officers are utilized for traffic control at road constructions sites. Determine the extent to which officers add value above consultant-supplied flagmen. · Assess the utilization of off-duty officers and on-duty officers at special events both those sponsored by the City and those sponsored by other agencies. · Review the Police Department's work schedule and current allocation plan for 4 officers, supervisors and civilian staff in the various organizational components (patrol, traffic, investigations, etc.). The current method used by the Police Department to allocate and distribute resources, particularly in patrol, will be evaluated. Analysis will be made of available time of patrol personnel (staffing availability factor). This will be compared to actual and projected workload demands. . Assess the nature of each specialty function performed by units within the Police Department. Evaluate the need for each existing organizational component by determining what is actually being done and how that compares to legal mandates, organizational needs, and community expectations and how each contributes to effective policing initiatives. · Conduct a review of the Police Department's interaction with the City's 911 Communications operation. Communications personnel and officers will be interviewed and their perceptions will be recorded relating to the timely relay of information and assistance provided under routine and critical circumstances. · Review patrol overtime utilization in patrol including end of shift overtime, back filling to meet minimum staffing requirements, court time and other overtime usage. . Assess the frequency of off-duty and secondary employment. Determine the extent to which such work extends Police protection throughout the city and its impact on on-duty workload and staffing. Task Deliverable: Preliminary report on the Police Department's operating environment and how each factor influences staffing level and the work performed in terms of crime control, community policing and problem solving, response to citizens requests for service. Consultant will review this report with the Steering Committee to ensure clarity and thoroughness, and to discuss the implications of their findings and conclusions for assessing staffing issues. UNDERSTAND, TASK 4: IDENTIFY BEST PRACTICES OF OTHER POLICE DEPARTMENTS AROUND THE COUNTRY In this task, Consultant will evaluate the staffing ofthe Police Department as it compares to best practices. This diagnostic provides a quick and objective overview of the Department. Consultant has built propriety databases concerning industry best management practices (BMP) in all areas of local government service. The sources for the best practice inventory include a wide array of state and federal regulatory agencies, professional associations and industry groups, and other sources. Each of the practices that Consultant uses in their analysis is referenced to the source. Consultant will leverage this repository of industry data to compare and contrast current staffing practices in the City's Police Department with the practices of other successful organizations. The steps in this process include: · Based on Consultant's understanding of the Police Department from the preceding work steps, Consultant will assemble a set of suggested best management practices for each departmental unit and regarding off-duty and overtime employment. · Consultant will review of the suggested list with the City's project management before finalizing the diagnostic analysis. The purpose of this review is to gain concurrence on the standards to be used since it is reasonable for a Department to know in advance of the standards against which it will be measured. 5 . Consultant will assemble their observations into a tabular report which will include the following information: · Listing of each evaluation standard for each division · Consultant's evaluation of the degree to which the Police Department's performance exceeds, meets, falls slightly short of, or falls significantly short of, the relevant performance standard and their observations in support of that conclusion. · Consultant will review a draft of the diagnostic with the Police Department in order to answer questions about our observations, and to provide the Police Department with an opportunity to respond to, or provide supplemental information relating to, the observations. To the extent necessary, Consultant will supplement their earlier interviews and data collection to assure the information necessary to conduct the diagnostic. · Consultant will prepare a best practices report in an understandable, easy to use presentation-styled format. · Consultant will review the preliminary report with the project steering committee and then finalize the report to address comments and questions received during the review. Task Deliverable: Report comparing the Police Department to national standards and to best practice. This will include a section on calls for service prioritization and call follow-up. Consultant will review this report with the Steering Committee to ensure clarity and thoroughness, and to discuss the implications of their findings and conclusions for assessing staffing issues. RECOMMEND, TASK 1: RECOMMEND POLICIES REGARDING APPROPRIATE LEVELS AND CONDITIONS FOR USE OF PATROL OVERTIME, OFF-DUTY, AND SECONDARY EMPLOYMENT. This task will be accomplished as a result of the tasks performed during the "Understand" phase of this study. Work steps will include: · Based on Consultant's review of the Police Department's policies and procedures, their evaluation of departmental performance, and the comparison against industry standards, Consultant will draft revised policies and procedures relating to patrol overtime, off-duty work, and secondary employment. · Consultant will prepare a gap analysis showing how the revised policies and procedures vary from existing policies and procedures and provide justification for the recommended changes. · Consultant will review the draft policies and procedures with the project steering committee and revise the recommendations to address comments and questions 6 from the review. It is understood that these policies and procedures represent recommendations from Consultant and that it will be the obligation of the City to accept the recommendations and to bargain collectively any changes necessary to implement the policies and procedures. RECOMMEND, TASK 2: IMPLEMENT OR CALIBRATE A POLICE STAFFING OPTIMIZATION MODEL FOR THE CITY THAT INCORPORATES RECOMMENDED POLICIES AND IS ABLE TO RESPOND TO CHANGING OPERATING CONDITIONS IN THE FUTURE. There are two elements to this task. In the first element, Consultant will provide a series of recommendations for policies and procedures relating to police staffing and utilization, special assignments, and other commitments of time and personnel that impact the overall deployment model. This will include the use of special teams, tactical and strategic deployment, events management, and related activity. Consultant will review the recommendations with the project steering committee to determine which policies and procedures should be used for deployment analysis. Following development of the recommendations-or, policy alternatives-Consultant will then incorporate those options in their deployment analysis. The analysis itself will be based on the City's historic data. Consultant will analyze the data with their propriety deployment methodology, calculating various deployment options. This task will include utilization of the model with existing conditions to accomplish the following: · Develop schedules for assigning required staffing most productively and equitably; · Determine the number of field patrol officers and supervisors required to enable the Police Department to: respond to emergency and non-emergency demands of citizens in a timely manner, conduct prevention and other proactive patrol tasks effectively including community-oriented policing and problem solving; conduct all other patrol tasks effectively, including traffic control and special missions work; allow officers to meet all administrative requirements satisfactorily, including report writing, training, court obligations; ensure the safety of the public and the Police officers; · Design a plan for deploying the required number of patrol officers and supervisors most cost effectively, by shift and patrol area, in response to geographic incidence of crime, demands for non- crime services, and policing approach selected by the Police Department. Recommendations that will b~ included in the model will be the following: · A proposed structure of the organization with an assessment of the model's strengths and weaknesses in accomplishing its stated aspirations, and the consistency with which the daily needs of operational, support and administrative functions and responsibilities are met. · Identification of those functions that can be performed successfully by civilians, contractual personnel or privatization, reassignment of operations and/or administrative staff, consolidation with other agencies or other resources. 7 . The amount of time that should be devoted to handle current workload with focus on identifying committed time (time devoted to handling calls for service, self-initiated activity, and administrative activity) and non-committed time (amount of time available to personnel to engage in discretionary activities). . A strategy for assignment of personnel to calls for service needs, patrol tactics (routine, directed patrol or problem-oriented) and special events including consideration of temporal and geographic workload demands, while achieving the most efficient use of personnel and other resources. This assessment will include shift scheduling, beat/district design, and alternatives to include standard patrol practices. . Call taking procedures at the Police Department's answering point including call prioritization and procedures designed to facilitate the timely relay of information and assistance provided under routine and critical circumstances. . Consultant will provide Miami Beach with licensing rights to the model on a go forward basis and will provide training to Miami Beach staff in the use of the model. RECOMMEND, TASK 3: ASSESS THE IMPACT OF PROPOSED CHANGES INCLUDING POLICE COMMUNITY RELATIONS, COST IMPACTS, AND OTHER SUPPORT REQUIREMENTS. The preceding task will result in a set of options that the City will be able to consider. In this task, Consultant will evaluate each option so that the City is fully aware of the benefits and limitations of each. Consultant' project analysts will build a business case for each option that considers the following: . Relative financial costs and benefits of each respective option · Issues relating to implementation, and associated implementation costs and amortization · Gap analysis showing differences between the respective options and current practices · Identification of changes necessary in operating policies and procedures, including collective bargaining obligations, to impleIT!ent the changes · Potential impact on community perception of Police services Consultant' approach will be to craft recommendations that enhance community relations, minimize cost impacts, and at a minimum have a neutral impact on support requirements. RECOMMEND, TASK 4: DRAFT REPORT Consultant will assemble all of the deliverables from the detailed analyses into a draft report. Consultant will state each issue to be addressed, describe the issue, provide a set of recommendations and calculate an estimated cost-benefit relating to the recommendation. Consultant will submit the report to the Police Department's project management with a recommendation that each section be provided to the Police 8 Department for review and comment. The consultant project team leaders will be available to meet with the Police Department to review the draft recommendations. Consultant will review the draft report and the Police Department's comments with the Steering Committee to ensure clarity and thoroughness, and to discuss the implications of their findings and conclusions for assessing staffing issues. RECOMMEND, TASK 5: FINAL REPORT AND IMPLEMENTATION PLAN Upon completion of the review of the draft report by the Police Department, the Police Department's project management and the project Steering Committee, Consultant will finalize the report. The revised report will address comments and questions received during the review. At that time, Consultant will also finalize recommendations for an implementation plan based on the final recommendations. The implementation plan will suggest priorities for implementation, recommend assignment of responsibilities, provide suggested time frames, and recommend performance measures to be used by the City to determine if the expected results are achieved. The implementation plan will also include estimates of implementation costs and calculate the degree to which those costs can be amortized through benefits achieved by the recommendations. Should the City desire to review some sample final reports that Consultant have prepared, Consultant will submit them upon request. RECOMMEND, TASK 6: PRESENTATION OF FINAL REPORT TO CITY Upon approval by the Police Department's project management, Consultant will prepare ten (10) hard copies of the final report for distribution to the City. Consultant will then meet at the convenience of the City Manager and/or the City Commission, in either formal session or work session, to conduct a presentation. The presentation will consist of a PowerPoint presentation of the principal findings of the report as well as a Question-and-Answer period, attended by the Consultant's project management and project team. EXECUTE, TASK 1: IMPLEMENTATION WORK SESSION Within Thirty (30) days of the presentation of the final report to the City, Consultant will conduct a one-day implementation work session with the Police Department's management. The purpose of this session will be to conduct a thorough review of each of the project elements and to brainstorm with Police management on how to proceed with implementation. The purpose of this session is to afford Police management as much of an opportunity as possible to explore various ideas and options. EXECUTE, TASK 2: IMPLEMENTATION FOLLOW-UP (PRO BONO) In the case of projects where Consultant have performed a full operations analysis, Consultant offer the opportunity for an implementation follow-up session to be conducted approximately six (6) to nine (9) months following completion of the full project. At the request of the City, the Consultant project manager will spend a day with key departmental and City management to review the status of implementation and to discuss the viability of any mid-course adjustments that might appear warranted. Consultant offer this as a free service in fulfillment of Consultant's obligation for on- going client service. . 9 STANDARDS FOR PRESENTATION OF DELlVERABLES As discussed in Consultant's project methodology and scope of work, Consultant uses a highly interactive process for its performance reviews. This assures a complete and accurate project, performed on time and within budget. Just as important, however, is the process of building understanding of the process, agreement on the issues to be addressed, acceptance of the recommendations, and a commitment for implementation. These come from the participation of the City at all levels in the conduct of the project. Thus, Consultant commits to a high level of reporting and interaction. Each of Consultant's deliverables goes through a rigorous internal examination by the project team before Consultant submits it to the Police Department. All members will have input into the deliverable, enabling the capture of all knowledge in the transfer of information to the client. This is the first step to ensure that the services are useful and delivered promptly and correctly to the City. The Project Manager will be responsible for the overall content and presentation of the deliverable. The project's Quality Assurance executives will review deliverables with the Project Manager, providing oversight and input into the development of findings and the presentation of information to the City. For each deliverable, the process of the acceptance of that product begins within the team. This avoids any material from reaching the client before having sufficient review and input. I n each step, every member of the team will exercise the best judgment and professional standards to assure that the deliverable is in its most complete and accurate condition prior to review by the next party. Each member of the team will take ownership of the deliverable as if that was the only review to occur. The report will undergo three levels of internal review before the first draft reaching the client. The team members will conduct self-review. The Project Manager will conduct a review of the draft and make changes necessary to improve the deliverable. Upon development of an acceptable draft, the Quality Assurance officer will oversee the process and provide insights and inputs into the deliverable. The internal reviews will include, but not be limited to, consistency, accuracy, and responsiveness to City requirements, analytical quality, and professional appearance. Upon completion of the internal review process, Consultant will provide the draft deliverable to the City for comment. Consultant will also provide a presentation of the draft material and will revise the draft to reflect comments and questions resulting from the review. Consultant uses this iterative process for each project deliverable. That assures a high quality of product, and complete understanding by the City project management of the report elements. SECTION 3 COMPENSATION 3.1 FIXED FEE Consultant shall undertake the Services described herein for a fixed fee $111,685. This fee is inclusive of all professional fees and expenses. Consultant commits to the City that it will undertake the project as described for the total fixed fee set forth herein. 10 Consultant shall be compensated for the Services as set forth in the following matrix which summarizes the relevant Consultant project team: Staffina and Declovment Analvsis Murrav Fraser Duvos Youngs Spoon Total Total 230 210 185 115 115 Hours Cost SURVEY 1. Proiect Start-Up and Management 0 16 0 0 0 16 $3,360 2. Entrv Interviews 8 8 16 $3,160 UNDERSTAND 1. Interviews and Data Collection 16 0 32 32 80 $10,720 2. Policies and Procedures Review 16 0 16 16 48 $7,040 3. Review the Current OperatinQ Environment 32 8 24 24 88 $13,720 4. Identify Best Practices 4 16 0 24 16 60 $8,880 RECOMMEND 1. Recommend policies 4 24 8 20 20 76 $12,040 2. Police StaffinQ Optimization Model 32 24 32 88 $13,160 3. Assess Impact of Proposed ChanQes 16 8 20 20 64 $9,440 4. Draft Recort 4 24 8 24 8 68 $11,120 5. Final Report and Presentation 16 8 24 $4,840 EXECUTE 1. Implementation Work Session 8 0 8 $1,680 2. Imclementation Follow-Up (Pro Bono) 8 0 8 $0 Total Hours 12 232 48 184 168 644 $99,160 EXDenses $11,285 Total Cost $110,445 Customer Outreach O~ tion Cost Hrs Per Hrly Per Total Activitv Unit Rate Unit Number Cost Review of City Survey and Assess Impact 8 155 $1,240 1 $1,240 Total for Customer Outreach $1,240 3.2 INVOICING Consultant shall submit an invoice, which includes the purchase order number and a detailed description of the portion of the Services provided. 3.3 METHOD OF PAYMENT Payments shall be made for services satisfactorily rendered, pursuant to the Scope of Work and Task Deliverables specified in Section 2.1, within thirty (30) days of the date of invoice, in a manner satisfactory to, and as approved and received by, the City. Consultant shall mail all invoices to: City of Miami Beach Accounts Payable 1700 Convention Center Drive 3rd Floor Miami, Florida 33139 11 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, State of Florida, and Federal Government. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT This Agreement shall commence upon execution by all parties hereto and shall terminate upon completion of the Services and acceptance thereof by the City. Consultant shall diligently prosecute the Services in accordance with the time period set forth in subsection 4.4 below. The parties agree and acknowledge that time is of the essence; accordingly, this Agreement, and the time for completion ofthe Services, shall not be extended without the prior written consent of the City, and if such consent is given, the execution of an amendment to this Agreement executed by the parties. 4.4 TIME OF COMPLETION The Services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the City, subsequent to the execution of the Agreement. Consultant shall complete all Services within 120 calendar days from receipt of written Notice to Proceed from the City. 4.5 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, reasonable attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this 12 Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's Indemnity Agreement. The Consultant's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION. SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If 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 thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon three (3) days' notice to Consultant, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION, WHICH SHAll BECOME EFFECTIVE FIFETEN (15) DAYS FOllOWING RECEIPT BY THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, All FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2, SHAll BE PROPERLY 13 ASSEMBLED AND DELIVERED TO THE CITY AT CONSULTANT'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONSULTANT SHALL HAVE DELIVERED ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY. 4.6~3 Termination for Insolvency The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.6.2. 4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City, Miami-Dade County, and / or the State of Florida, as applicable, may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.6.2. 4.7 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and Consultant. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City. 4.8 OWNERSHIP OF DOCUMENTS All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse distribution, or dissemination of same by Consultant, other than to the City, shall first be approved in writing by the City. 4.9 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement the following insurance: 14 1. Consultant General Liability in the amount of $1 ,000,000. 2. Consultant Professional Liability in the amount of $200,000. 3. Workers Compensation & Employers Liability as required pursuant to Florida statute. 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is solely responsible for obtaining and submitting all insurance certificates for its sub-consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.9.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 4.9.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence any services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.11 SUB-CONTRACTORS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any other person or entity acting under the 15 direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. All sub-consultants must be approved in writing by the City prior to their engagement by Consultant. 4.12 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.13 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, 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, direct 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. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City. 16 4.15 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: MAXIMUS, Inc. 3800 Esplanade Way, Suite 300 Tallahassee, FL 32311 TO CITY: City of Miami Beach Attn: Office of Budget and Performance Improvement 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7010 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTIONNENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exClusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, THE CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.17 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. The Services and the Proposal Documents are hereby incorporated by reference into this Agreement. 4.18 LIMITATION OF CITY'S LIABILITY 17 The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $1,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA BY:~.S~ W City Clerk .~. . .. Robert Parcher FOR CONSULTANT: ATTEST: MAXIMUS, INC. ATTEST: By: ~& 1Iot!~/ Secretary ~7 ""' Pr sident ~L-/Se O. t}v1/jJyVfl Print Name ~"'en' ~ ~~ Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 18 4;t!fJt/I= 5 ~ 3/,05' om~ . ~