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HomeMy WebLinkAboutR-96-0088J-96-139 2/9/96 RESOLUTION NO 9 6 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HOWARD GAZZO COURT REPORTING, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL YEAR, TO PROVIDE STENOGRAPHIC SERVICES FOR THE POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $22,000, FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE NO. 290201-270. WHEREAS, the Police Department Homicide Unit must respond to all homicides, police shootings, police -involved investigations and other major crimes; and WHEREAS, the Homicide Unit must provide high quality reports of their investigations; and WHEREAS, the State Attorney's Office must receive these reports in a timely manner; and WHEREAS, the volume of investigations has increased; and WHEREAS, the Police Department has been unable to obtain qualified applicants to fill two vacant positions; and WHEREAS, funds are available from the Police Department General Operating Budget, Index Code No. 290201-270, in an amount not to exceed $22,000, for said services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: ATTACHMENT (S) CONTAINED CITY COMMISSION MEETING OF FEB 2 9 1996 Revolution No. 96- 88 Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized" to execute an agreement, in substantially the attached form, with Howard Gazzo Court Reporting, for a period of one (1) year, with the option to extend for one (1) additional year, to provide stenographic services for the Police Department, with funds therefor, in an amount not to exceed $22,000, hereby allocated from the Police Department General Operating Budget, Index Code No. 290201-270. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 29th day of February , 1996. ST9JPHEN P. CEWZK, MAYOR ATTEST: WALTER F MAN CITY CLERK FINANCIAL AND BUDGETARY REVIEW: &C MANOHAR S.SURAN The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. - 2 - ASSISTANT CITY MANAGER PREPARED AND APPROVED BY: &4t Allrmxl� LGA RAM REZ-SE AS ASS TANT CITY ATTO EY APPROVED AS TO FORM AND CORRECTNESS: S. 44-0 QUINN JON , III Y ATTORNN W606:BSS 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this day of , 1996, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY", and Howard Gazzo Court Reporting hereinafter referred to as the "PROVIDER"; RECITAL WHEREAS, the CITY and the PROVIDER enter into this Professional Services Agreement with the knowledge and spirit of full cooperation of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I SCOPE OF SERVICES The PROVIDER shall implement the following professional services for the City of Miami Police Department, hereinafter referred to as the "DEPARTMENT." 1) The PROVIDER shall be on -call on a 24-hour basis to record statements (including holidays and weekends.) 2) The PROVIDER shall promptly and efficiently respond to the DEPARTMENT (or other designated places). 3) The PROVIDER shall take sworn testimony on matters of a sensitive nature, and not discuss the contents or existence of such testimony. 4) The PROVIDER shall transcribe the statements in his/her office and produce an original and two copies to the DEPARTMENT. No copies are to be provided to anyone outside of the DEPARTMENT. MEN RETURivING FUH FJR1 r- REVIEW, PLEASE IDENTIFY AS = ` CGV_3 9s- 88 5) The PROVIDER shall deliver normal statements in 7 working days and police shooting statements in 72 hours, unless an expedited request is made. 6) The PROVIDER shall provide the DEPARTMENT with completed invoices upon delivery of the job, reflecting the hours worked and signed by the PROVIDER and the Homicide Unit Commander. (Invoice forms will be provided.) 7) Transcribe supplementary reports and/or perform other related work as required by the Homicide Unit. ARTICLE II COMPENSATION The CITY shall pay the PROVIDER, as compensation for the services required pursuant to Article I hereof, $1,700.00 per month; provided, however, that the provider may be compensated above the monthly amount so long as the total amount of compensation for said service,' engaged by the CITY pursuant to Resolution No. , shall not exceed $22,000.00 per year. ARTICLE III A. TERMS The AGREEMENT shall commence immediately after it is signed by the City Manager and continue for a term of one (1) year. B. RENEWAL Upon mutual agreement to the parties, this AGREEMENT may be renewed for one (1) additional year. Prior to renewal, the terms and conditions relating to compensation and professional services may be renegotiated. -2- 96- 88 ARTICLE IV TERMINATION The CITY retains the right, upon 12 days written notice, to terminate this AGREEMENT at any time prior to the completion of the services required pursuant to the AGREEMENT without penalty to CITY. In that event, notice of termination of the AGREEMENT shall be in writing to PROVIDER, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay PROVIDER an amount in excess of the total sum provided by this AGREEMENT. It is hereby understood by and between CITY and PROVIDER that any payment made in accordance with this Section to PROVIDER shall be made only if said PROVIDER is not in default under the terms of the AGREEMENT. If PROVIDER is in default, the CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. Should PROVIDER not be able to provide the services in Article I, PROVIDER shall give the CITY twelve (12) days written notification of cancellation and will be liable for cost incurred by the CITY.for the printing of material, etc. 3 96- 88 . P T Y^ 1 f 1 J INDEPENDENT CONTRACTOR The PROVIDER and its employees and agents shall be deemed to be independent contractors, not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Worker's Compensation benefits as employees of the CITY. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. PROVIDER agrees that it shall not discriminate as to race, sex, age, color, creed, religion, marital status, national origin or handicap in connection with its performance under the AGREEMENT. PROVIDER shall abide by Ordinance No. 10538, the Minority Procurement Ordinance of the City of Miami and the conflict of, interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2 11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. .4 ARTICLE VII MONITORING The PROVIDER agrees to permit the CITY and authorized agents to monitor, according to applicable regulations, the services which are the subject of the AGREEMENT. ARTICLE VIII OWNERSHIP OF DOCUMENTATION All documents developed by PROVIDER under the AGREEMENT shall be delivered to CITY by said PROVIDER upon completion of the services required pursuant to the AGREEMENT and shall become the property of CITY, without restriction or limitation on its use. PROVIDER agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and PROVIDER shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever, which is given by CITY to PROVIDER pursuant to the AGREEMENT shall, at all times, remain the property of CITY and shall not be used by PROVIDER for any other purposes whatsoever without the written consent of CITY. 3 96- 88 ARTICLE IX INSURANCE / � 1hePROVIDER de" exempt from the regularly required insurance. The the Mia — P o Department w i l l a-o-4=m-o-P44 ox-i-A-g a 11 activities as t e- relate to the services rendered by the P R 0 V FVT ttr-e-r , tfi-e—C-I TY w I TI indemnify the P R 0 V I��ha=l� the PROVIDER is acting in th_e-..--s-c-U�e and conditi-ons—qf r agreement and; n-1y= to- the- extent a the CITY would i �\ mn�i fy Homcae�ex�ograph�r� ci�rrPntivp�o8d b� +ram? CITY. ARTICLE X AWARD OF AGREEMENT PROVIDER iJrrants that t}t anot employed or retained any person PKWnot yed by the CITY to solicit or secure the AGREEMENT and that offered to pay, paid or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from award of this Agreement. CONTINGENCY CLAUSE ARTICLE XI M Funding for the AGREEMENT is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds and/or change in regulations. ARTICLE XII DEFAULT PROVISION In the event that PROVIDER fails to comply with each and every term and condition of the AGREEMENT or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to PROVIDER may cancel and terminate the AGREEMENT. All payments, advances or other compensation paid to PROVIDER by CITY while PROVIDER was in default of the provisions herein contained, shall be forthwith returned to the CITY. ARTICLE XIII ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only AGREEMENT of the parties hereto relating to said grant and correctly set forth the rights, duties and obligations of each to the other as of its date. Any prior AGREEMENTS, promises, negotiations or representation not expressly set forth in this AGREEMENT are of no force or effect. 7 96- 88 ARTICLE XIV NON'DELEGABILITY The obligations undertaken by PROVIDER pursuant to this AGREEMENT shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. A n T r n l r %111 AUDIT RIGHTS CITY reserves the right to audit the records of PROVIDER related to this AGREEMENT at any time during its performance and for a peri od of three years after fi nal payment is made under this AGREEMENT. ARTICLE XVI CONSTRUCTION OF AGREEMENT This AGREEMENT shall be construed and enforced according to the laws of the State of Florida and venue shall lie in Dade County, Florida. go MMUNWIF61 ARTICLE XVI: SUCCESSORS AND ASSIGN This AGREEMENT shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE XVIII CONFLICT OF INTEREST a. PROVIDER covenants that no person under its empl oy who presently exercises any functions or responsibilities in connection with this AGREEMENT - has any personal financial interests, direct or indirect, with CITY. PROVIDER further covenants that, in the performance of this AGREEMENT, no person having such conflicting interest shall be i employed. Any such interest on the part of PROVIDER or its employees, must be disclosed in writing to CITY. b. PROVIDER is aware of the conflict of interest laws of the City of Miami ( City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Secti on 2 .11. 1 ) and the State of F1 on da, and M AMENDMENTS agrees that it shall fully comply in all respects with the terms of said laws. ARTICLE XIX No amendments to this AGREEMENT shall be binding on either party unless in writing and signed by both parties. ARTICLE XX NOTICES GENERAL CONDITIONS a. General conditions or other communications which shall or may be given pursuant to the AGREEMENT, shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein, or as the same may .be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifty day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI 3500 Pan American Drive Howard Gazzo Miami, Florida 331.33 , FL 331 -10- 96- 88 copy TO: Chief of Police 400 N.W. 2nd Avenue Mi ami , Florida 33101 b. Title and paragraph headings are for convenient reference and are not a part of the AGREEMENT— c. In the event of conflict between the terms of this AGREEMENT and any terms or conditions contained in any attached documents, the terms in the AGREEMENT shall rule. d. Should any provisions, paragraphs, sentences, words or phrases contained in the AGREEMENT be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Ali ami , such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws or if not modifiable to conform with such laws, then same shall be deemed severable and in either event, the remaining terms and provisions of the AGREEMENT shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the persons thereto legally authorized, this the day and year first above written. 11 ATTEST: HOWARD GAZZO COURT REPORTING BY: WITNESS HOWARD GAZZO CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA ATTEST: BY: CITY MANAGER CITY CLERK APPROVED: CHIEF OF POLICE APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO INSURANCE REQUIREMENTS: CITY ATTORNEY w DEPARTMENT OF RISK MANAGEMENT -12- 9 6 To: Honorable Mayor and Members of the City Commission Cesar FROM : City RECOMMENDATION: CITY OF MIAMI, FLORIDA CA=5 INTER -OFFICE MEMORANDUM. DATE : FEB 12 1996 FILE SUBJECT: Resolution for Stenographic Services; Professional Services Agreement REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the enclosed Resolution, with attachment, allowing the City Manager to execute a Professional Services Agreement with Howard Gazzo Court Reporting for Stenographic Services, in an amount not to exceed $22,000, as needed by Homicide Unit of the Police Department. Funding is to be provided from the Police Department General Operating Budget, Index Code 290201-270. 1-:414I&VIIIIINIr The Police Department's Homicide Unit needs to have the ability to hire outside stenographic services. The Unit is currently staffed with only two stenographers, a staffing level which leads to days and shifts without adequate stenographic services. The Homicide Unit is responsible for all homicides, police shootings, police involved investigations and other major crimes occurring at any time and any day. The Unit must produce high quality reports of their investigations and the State Attorney s Office must receive them in a timely manner. The Agreement with Howard Gazzo Court Reporting will allow the Police Department to produce all necessary reports while continuing the process to hire two permanent stenographers. At this time, the Department has not had success in obtaining qualified applicants for these positions.