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HomeMy WebLinkAboutR-94-0880J-94-926 10/31/94 RESOLUTION NO. 9 880 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE COMMUNICATIONS OPERATOR SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $100,000, 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 communications 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 Communications Operators; and I 4f 4:%U riS ua . (9, 6-F 19* ResdltltfbbT�o. ����f--m-9 WHEREAS, funds will be allocated from the Police Department General Operating Budget, Index Code 290201-270, in an amount not to exceed $100,000; 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 Communications Services for the Police Department with funds therefor, in an amount not to exceed $100,000, being allocated from the Police Department General Operating Budget, Index Code 290201-270. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 1st T: TTY HIRAI, CITY CLERK BUDGETARY REVIEW & APPROVED BY: AR S. SURANA STANT CITY MANAGER day of December , 1994. ST PHEN P. CL K, MAYOR MIUMOR -2- PREPARED AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORF, "OAF M4735/ABS/sls -3- 94- 880 of PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT 4 is entered into 1991, by and between municipal corporation of the State of referred to as "THE CITY", and hereinafter referred to as the "PROVIDER"; RECITAL this day of the CITY OF MIAMI, a Florida, hereinafter 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: TD/PTt�T-Ll T 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 successfully complete a Familiarization Program 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. J4-- 880 3) The PROVIDER shall facilitate the disposition of calls for service in accordance with established City of Miami dispatch procedures, however, a PROVIDER in this classification must exercise good judgement, and make immediate decisions, and know local government operations, the police protection system and the geographical layout of the City. 4) The PROVIDER shall receive and accept supervision and assignments from a superior in charge of the shift, both orally and in writing, and work is 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 Communications Unit Commander (invoice forms will be provided). 6) Perform other related work as required. ARTICLE II COMPENSATION CITY shall pay the PROVIDER, as maximum compensation for the services required pursuant to Article I hereof, at the rate of $20-00 per hour not to exceed $4,500. Payment shall be made within thirty (30) days after receipt of an invoice for the number of hours worked (signed by the CITY'S Communications Unit Commander). The total compensation shall not exceed $4,500. The Wit shall have the right to review and audit the time records and related records of the PROVIDER pertaining to any such billings. -1- t s i 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, 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. -2- �01 ARTICLE V 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. 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 agrees that it shall not discriminate as to race, sex, age, color, creed, national origin or handicap in connection with its performance under the AGREEMENT. PROVIDER shall abide by Ordinance No. 101538, 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. ARTICLE VII MONITORING The PROVIDER agrees to permit the CITY and authorized agents to monitor, according to applicable regulations, the services cdhich are the subject of the AGREEMENT. -3- 'U:c 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 PRO- VIDER 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 pursu- ant 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 TMQT7VAXT0V The PROVIDER 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. It is requested that the PROVIDER be exempt from the regularly required insurance. ARTICLE X INDEMNIFICATION: C _�!DP' shall indemnify, defend and save 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 C LTA `iL -s--r - s negligent act or willful misconduct S 9M under this Agreement and, from and against any orders, judgments, or decrees which may be entered as a result of such acts of QyMnOn CON�;TA-NT and from and against all costs, attorney's fees, �Y expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. ARTICLE XI AWARD OF AGREEMENT I V PROVIDER warrants that th�esy haV3 not employed or retained any person employed by the CITY to solicit or secure the AGREEMENT and that they have 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, at its -5- 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 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. ARTICLE XIV NONDELEGABILITY 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. ARTICLE XV 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 period of & re years after final payment is made under this Agreement. (-3) -6- 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 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 terns of said laws. r ARTICLE XX AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. ARTICLE XXLt-' 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 fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI 3500 Pan American Drive Communications Operator Miami, Florida 33133 FL 331 COPY TO: 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. W=M C. D. 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. 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 Miami, 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. I 94- 880 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: CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: DEPARTMENT OF RISK MANAGEMENT CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ,,. 7 TO : Honorable Mayor and Me bem DATE : NOV $- 1994 FILE of the City Caanission SUBJECT: Resolution for CaRn>Uhication Operators; Professional Service Agreermts FROM : Ces o REFERENCES 6 ' ENCLOSURES: It is respectfully recamn nded that the City Calmi.ssion adopt the enclosed Resolution, with attachment, allowing the City Manager to execute Professional Service Agreements for Cammuiication Operators, as needed by the Police Department. The staffing situation in the Police Department's Ccm mnication 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 Cam unication Operators is under way. The problem lies in the fact that the hiring and training process will take at least a year to camplete. An interim solution to our staffing situation is mandatory. The best alternative available is to utilize Camunication Operators frcm other large agencies and fonrer employees fram our own Co m mication Center. A number of our former Canmunication 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 Ca=Inication Operatore. 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 ccamunication 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 Camltrunication Operators and allocating funds therefor, in an aQmmt not to exceed $100, 00, be ar.7-raved. Funding is to be provided from the Police Department General Operating Budget, Index Code 290201-270. 04- 880