Loading...
HomeMy WebLinkAboutR-95-0572RESOLUTION NO. 9 b A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE COMMUNICATION OPERATOR SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $150,000, FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE 290201-270 WHEREAS, the Police Department must provide dispatch services for the purpose of sending its personnel to the assistance of the City's residents, businesses and visitors; and WHEREAS, The Police Department is charged with preserving the peace, health, safety and property of the City of Miami and its residents; and WHEREAS, the Police Department has a responsibility to provide adequate communication capabilities for the safety of its personnel; and WHEREAS, these service providers will be used only to achieve minimum staffing when the availability of City employees has been exhausted; and WHEREAS, these agreements are temporary in nature, allowing the Police Department time to hire and train permanent Communication Operators; and ATTACHMENT(s) ": CONTAINED i C- Var COMMISSI0.4 GOF IdEETII95'JUL 1o3 ReaoluuNor 9�`5 — 5'7 2. W WHEREAS, funds will be allocated from the Police Department General Operating Budget, Index Code 290201-270, in an amount not to exceed $150,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 professional service agreements, in substantially the attached form, with various individuals to provide Communication Services for the Police Department with funds therefor, in an amount not to exceed $150,000, being allocated from the Police Department General Operating Budget, Index Code 290201-270. Section 3. This Resolution shall become effective immediately upon its adoption pursuant to law. PASSED AND ADOPTED this 13th da of ,1111 1995. ST HEN P. Cf-R AT WALTER :J. FO , Y CLERK BUDGETARY REVIEW & PPROVED BY: MANOHAR S. SU A DIRECTOR DEPARTMENT OF BUDGET 2 - 95- 572 PREPARED AND APPROVED BY: r . 0 GA "AIREZ-SEIJ#IS ASSIEDANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. MN ON S, IICITT RN Y ATTEST: COMMUNICATIONS OPERATOR BY: WITNESS PROVIDER WITNESS 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: A. QUINN JONES, III CITY ATTORNEY -11- DEPARTMENT OF RISK MANAGEMENT 95- 5172 r PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this day of 1995, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "THE CITY", and hereinafter referred to as the "PROVIDER". RECITAL WHEREAS, the CITY is in need of qualified Communications Operators to provide adequate communications capabilities for the City of Miami Police Department (the "Department"); Whereas, PROVIDER is qualified and desirous to provide said services; Now, therefore, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the CITY and the PROVIDER hereby agree as follows: SCOPE OF SERVICES The PROVIDER shall perform the following professional services for the City of Miami Police Department, hereinafter referred to as the "DEPARTMENT." 1) The PROVIDER shall successfully complete a Familiarization Program to be provided by the CITY, not to exceed forty (40) hours. 2) The PROVIDER shall promptly and efficiently dispatch personnel and equipment in response to emergency and non emergency calls for service or provide requested information through use of radio and/or computerized or other type of Communications equipment as assigned. 95- 5'72 The PROVIDER shall facilitate the disposition of calls for service in accordance with established City of Miami dispatch procedures. In connection therewith, PROVIDER- shall exercise good judgement, and make immediate decisions, based on local government operations, the police protection system and the geographical layout of the City. PROVIDER shall be responsible for learning and becoming knowledgeable with regards to local government operations, police protection systems and procedures and the geographical layout of the CITY. The PROVIDER shall receive and accept supervision and assignments from a superior in charge of the shift, both orally and in writing, and PROVIDER'S work shall be reviewed by observation, monitoring of the PROVIDER'S operations, and the review of reports and records 5) The PROVIDER shall provide the DEPARTMENT with completed invoices reflecting the hours worked and signed by the PROVIDER and the Communications Unit Commander, on forms provided, by the Department. 6) Perform such other related work as may be reasonably required. ARTICLE II COMPENSATION CITY shall pay the PROVIDER compensation based on a rate of $20.00,per hour f Payment shall be made within thirty (30) days after receipt o an invoice submitted as required herein. The CITY shall hav the right to review and audit the time records and related r cords.of the PROVIDER pertaining to any invoices. luj- asttc YLT Jup-a bt 95- 5'72 ARTICLE III A. TERMS The AGREEMENT shall commence immediately after it is signed by the City Manager and shall 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. ARTICLE IV TERMINATION THE CITY retains the right, to terminate this AGREEMENT at any time, upon 12 days written notice, without penalty to CITY. In such event, PROVIDER 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 to and shall not pay to PROVIDER any sum whatsoever. Should PROVIDER not be able to provide the services herein required, PROVIDER shall give THE CITY twelve (12) days written notification of cancellation. -3_ 95-�� ARTICLE V INDEPENDENT CONTRACTOR The PROVIDER is and shall at all times be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY, nor any rights generally afforded classified or unclassified employees; further PROVIDER shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of THE CITY. ARTICLE VI COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordi- nances and codes of Federal, State and Local Governments. PROVIDER shall not discriminate as to race, sex, age, color, religion, national origin, handicap or marital status in his/her 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 to fully comply in all respects with the terms of said laws. 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. -4- 95- 572 I� 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 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 are 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. ARTICLE IV PROVIDER'S QUALIFICATION/INSURANCE The PROVIDER represents that he/she has a minimum of two years of experience in police dispatching or is currently employed as a police dispatcher with another agency in Dade, Broward or Monroe County. ARTICLE X INDEMNIFICATION: PROVIDER hereby indemnifies, defends and saves CITY, its officers, employees and agents harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of PROVIDER'S gross negligence act or willful misconduct in the performance of PROVIDER'S service under this -5- 95- 5172 Agreement and, from and against any orders, judgments, or decrees which may be entered as a result of such acts and from and against all costsp attorney's fee, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. ARTICLE XI AWARD, OF AGREEMENT PROVIDER warrants that he/she has not employed or retained any person employed by the CITY to solicit or secure the AGREEMENT and that he/she has not 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. ARTICLE XII CONTINGENCY CLAUSE 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, in addition to other remedies available to it by applicable law at -6- 95- 5'72 its sole option, upon written notice to PROVIDER may cancel and terminate the AGREEMENT and 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 XIV ENTIRE AGREEMENT This instrument constitutes the sole and only AGREEMENT of the parties hereto relating to the subject matter hereof 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. ARTICLE XV NONDELEGABILTIY The obligations undertaken by PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm without the CITY's prior written consent. ARTICLE XVI AUDIT RIGHTS CITY reserves the right to audit the records of PROVIDER relating to this Agreement at any time during its performance and for a period of three (3) years after final payment is made under this Agreement. -7- 95- 5'72 ARTICLE XVII 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. ARTICLE XVIII SUCCESSORS AND ASSIGN This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE XIX CONFLICT OF INTEREST A. PROVIDER covenants that no person under its employ 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 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 Section 2 11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms, of said Taws. i ARTICLE XX AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. ARTICLE XXI NOTICES GENERAL CONDITIONS A. All notices 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 fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI 3500 Pan American Drive Miami, Florida 33133 Communications Operator , FL 331 Chief of Police 400 N.W. 2nd Avenue Miami, Florida 33101 B. Title and paragraph headings are for convenient reference and are not a part of the AGREEMENT. 95 572 C. In the ev:__, 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 provision, paragraph, sentence, word or phrase 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 Miami, such provision, paragraph, sentence, word or phrase 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. -10- 95- 5'72 44 I i CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 99 TO : Honorable Mayor and Members DATE : JUN I995 FILE of the City Commission SUBJECT FROM Ces City !ZIDWZ*DRI� REFERENCES: ENCLOSURES: Resolution for Carcmuucation Operators; Professional Service Agreements It is respectfully recommended that the City Comni.ssion adopt the enclosed Resolution, with attachment, allowing the City Manager to execute Professional Service Agreements for Communication Operators, as needed by the Police Department with funds therefor, in an amount not to exceed $150,000, being allocated fram the Police Department General Operating Budget, Index Code 290201-270. The staffing situation in the Police Department's Communication Center is at a critical level. Even with the expenditure of overtime not enough personnel are available to meet required staffing needs. The hiring process to obtain permanent Commmnication Operators is under way. The problem lies in the fact that the hiring and training process will take at least a year to complete. An interim solution to our staffing situation is mandatory. The best alternative available is to utilize Com unication Operators from other large agencies and former employees frcxmm our own Cammmu ucation Center. A number of our former Commuiication Operators have left to begin families or continue their education. Many of them have reached their goals and are now interested in supplemental income. The Police Department will utilize the attached Professional Service Agreement to place these Providers under contract with the City. These Agreements are temporary in nature, allowing the Police Department time to hire and train permanent Comminication Operators. The Department must provide dispatch services for the purpose of sending its personnel to the assistance of the City's residents, businesses and visitors. Furthermore, the Police Department has a responsibility to provide adequate ccmnumication capabilities for the safety of its personnel. It is, therefore, requested that the Resolution, with attachment, authorizing the City Manager to execute Professional Service Agreements with Cc mmmication Operators and allocating funds therefor, in an amount not to exceed $150,00, be approved. Funding is to be provided from the Police Department General Operating Budget, Index Code 290201-270. r, - C= 17 9