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HomeMy WebLinkAboutexhibitsPROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this — day of 2003, by and between the City of Miami, a municipal corporation of the State of Florida ("City") and , an individual whose mailing address is ("Provider"). RECITALS: A. The City has issued a Request for Letters of Interest ("RFLI") for provision of Communications Operators Services ("Services") for the Police Department (the "Department") and the Provider has been deemed qualified for the provision of the Services. The RFLI and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference incorporated into and made a part of this Agreement. B. The Commission of the City of Miami, by Resolution No. adopted on 2003, authorized the City Manager to execute a contract with Provider under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS: 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall be for an initial period of two (2) years. 3. OPTION TO EXTEND: The City shall have two (2) option(s) to extend the term hereof for a period of one (1) year each, subject to availability and appropriation of funds. 4. SCOPE OF SERVICES: A. 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 types of Communications equipment as assigned. B. 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 regard to local government operations, police protection systems and procedures and the geographical layout of the City. C. 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. D. The Provider shall provide the Department with completed invoices reflecting the dates and hours worked and signed by the Provider and Communications Section Commander on forms provided, by the Department. E. Provide any other services normally and customarily required of a communications operator for the Department. 5. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be based on the rate of $22.00 per hour. At no time during the term of this Agreement shall the total amount of compensation to all providers of Communications Operator Services, engaged by the City exceed $50,000 annually. B. Unless otherwise specifically provided payment shall be made within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. 6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City in its sole discretion. 7. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Provider under this Agreement, audit , or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. B. The City may, at reasonable times during the term hereof, inspect Provider's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Provider under this Agreement conform to the terms hereof, if applicable. Provider shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18- 55.2 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to,time. 8. AWARD OF AGREEMENT: Provider represents and warrants to the City that he/she has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that he/she has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 9. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 10. COMPLIANCE WIITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Provider while Provider was in default shall be immediately returned to the City. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re - procurement of the Services, including consequential and incidental damages. 13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $25,000, the City Manager's decision shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $25,000; or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 14. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least five (5) business days prior to the effective date of such termination. In such event, the City shall pay to Provider compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. The City shall have the right to terminate this Agreement, without notice or liability to Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts received while Provider was in default under this Agreement. 15. PROVIDER'S QUALIFICATIONSIINSURANCE: The Provider represents that he/she has a minimum of two years 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. The Administration Division of the City of Miami Police Department will accept responsibility for monitoring all activities as they relate to the services rendered by the Provider. 16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, without the prior written consent of the City's, which may be withheld or conditioned, in the City's sole discretion. 18. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: TO THE CITY: Copy to: Chief of Police City of Miami 400 NW 2" Avenue Miami, FL 33128 19. MISCELLANEOUS PROVISIONS: City Manager City of Miami 444 S.W. 2 Avenue Tenth Floor Miami, FL 33130 City Attorney City of Miami 444 S.W. 2 Avenue Suite 945 Miami, FL 33130 A. This Agreement shall be construed and enforced according to the laws of the State of Florida. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this 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, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 21. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 22. CONTINGINCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 23. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties 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 representations not expressly set forth in this Agreement are of no force or effect. 24. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: "City" CITY OF MIAMI, a municipal corporation By: Priscilla A. Thompson, City Clerk Joe Arriola, City Manager WITNESSES: "Provider Print Name: Print Name: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ALEJANDRO VILARELLO City Attorney Director Risk Management City of Miami, Florida . Communications Operator RFL1 02-03-182 STATEMENT OF QUALIFICATIONS FORM COMMUNICATIONS OPERATOR SERVICES RFLI NO. 02-03-182 INSTRUCTIONS: Individuals seeking to provide Communications Operator Services on an as needed, when needed basis, are required to answer all sections of this Attestation. If any section does not apply, indicate not applicable ("NA"). FAILURE TO COMPLETE THE FOLLOWING SECTIONS IN THEIR ENTIRETY, AND FAILURE TO SUBMIT ALL DOCUMENTS, WILL DISQUALIFY YOU FROM PROVIDING COMMUNICATIONS OPERATOR SERVICES TO THE CITY OF MIAMI. Name of Individual: Address of Individual: Tanya Torrence 2311 Havana Drive Miramar, FL 33023 Mailing Address, if different than above: same Information on Individual: A. Individual shall provide its qualifications and experience reflecting a minimum of two (2) years experience in police dispatching, or be currently employed as a Police Dispatcher with another agency in Miami -Dade, Broward, Palm Beach, or Monroe County. A current resume is provided addressing qualifications and experience. YES x NO If yes, individual must submit a copy of his/her resume reflecting qualifications and at least 2 year experience as a Communications Operator. B. Shall agree to submit to, and successfully pass, a background investigation conducted by the Miami Police Department at the City's cost, as part of the qualification process. YES x NO C. Shall agree to complete, and successfully pass, a paid Familiarization Program to be provided by the Miami Police Department at the City's cost, as part of the qualification process. YES x NO 5 City of Miami, Florida Communications Operator RFLI 02-03-182 D. Shall adhere to the Fee Schedule for payment of services described in Section VII. YES X NO ➢ Please be advised that any Communications Operator who marks / indicates "No" to any of the qualification requirements stipulated above shall be disqualified from consideration as a communication operator under this RFLI. I hereby certify that the above information provided, and its corresponding documentation, is true and correct. I fully understand that any false or misleading information, or the omission of information as required by the City for the purposes of deceit or deception, shall be grounds for disqualification from serving as a Communications Operator. The following must be witnessed and notarized by an authorized Notary Public. Signed : JQ.rlyk/ JnCv Print Name: Tanya Torrence Date: ��g f 3 Telephone: (954) 967-0364 Fax, if applicable: N/A Email address, if applicable: N/A Beeper number, if applicable: (305) 730-7642 Witnessed by: State of Florida, County of Dade Print Name: Barbara Jackson Subscribed and Sworn before me th is is a true statement this 2 8 day of A u g u s t 2003. / personalty known to m; or: otary Public, State of Florida Co Comm/ E. B. TIOMAS Print Name of Notary Public produced identifi E. B. THOMAS MY COMMISSION # OD 218235 ?pe ryo EXPIRES: June 17,2007 "r Mown "`" • ) FAILURE TO COMPLETE AND RETURN THIS FORM SHALL DISQUALIFY INDIVIDUAL FROM CONSIDERATION AS A LATENT PRINT EXAMINER UNDER THIS RFLI. 6 City of Miami, Florida Communications Operator RFL102-03-182 CHECK LIST COMMUNICATIONS OPERATOR SERVICES RFLI NO. 02-03-182 As a minimum, interested individuals shall provide the following documents with Response. Provided with Response 1. Copy of his/her current resume reflecting qualifications and at least 2 year experience as a Communications Operator. Yes 2. Provide a Letter of Reference, from at least one (1) entity, attesting to your ability to perform communication operator services for the City of Miami. Letter must include name of entity, period of time work performed, general nature of work, and name, title and phone number where reference can be contacted. Yes 3. Completed, signed, and notarized Statement of Yes Qualifications Form, FAILURE TO PROVIDE ANY DOCUMENTATION ABOVE MAY DISQUALIFY YOU AS A COMMUNICATIONS OPERATOR WITH THE CITY. TANYA TORRENCE 2311 Havana Drive • Miramar, FL 33023 tanvatee67 a(vahoo.com • (954) 967-0364 QUALIFICATIONS SUMMARY Knowledgeable and skillful Administrative Assistant with extensive experience in tannin , im•lementin and coordmatin operational and administrative functions. R LM MI€i" a n° s a O a £ s ;NIM VOA il--,vsa�� PROFESSIONAL EXPERIENCE 2001 — Present MDCPS — Olinda Elementary School Secretary/Treasurer Serve as Office Manager and assistant to Elementary School Principal. • Prepare purchase orders and invoices ■ Compute personnel attendance; prepare payroll ■ Review and sort incoming correspondence • Prepare outgoing correspondence ■ Maintain administrative calendar/coordinate travel • Prepare monthly financial reports • Maintain checkbook; prepare checks • Collect and deposit funds • Locate and secure temporary instructors • Maintain and update employee files 1996 — 2001 Belafonte Tacolcy Center, Inc. Miami, FL Administrative Assistant Provided high-level administrative support to Executive Director of youth social service organization. Miami, FL • Instituted workforce collaboration with welfare -to -work coalition ■ Coordinated $500,000 capital improvement/renovation project ■ Coordinated receipt of donations from United Way • Implemented internal program monitoring • Developed grant writing and reporting format • Supervised personnel and support services departments • Prepared local/state operational licenses and certificates • Conducted employee background screening procedures • Transcribed meeting minutes; prepared meeting reports • Attended meetings as administrative representative • Developed business plan/personnel policies and procedures • Edited proposals and grants • Moderated grievance hearings TANYA TORRENCE A .tla 1995 — Present 1994 — 1995 1985 — 1994 EDUCATION £4.s City of Miami Police Department Communications Operator (part-time) Receive and relay verbatim transmissions of requests for police assistance. • Dispatch routine and emergency calls for police assistance • Set perimeters in police pursuits for criminal apprehension • Assist public safety agencies in areas of mutual concern • Summon requests for barricades, tow companies, fire rescue Judson & Partners Architects Miami, FL Office Manager Served as Office Manager to Principal architect and team to firm with over 50 clients. FF� { !?it iii,'i ?dii e Miami, FL • Managed invoicing and billing process • Reviewed/routed correspondence • Prepared checks; maintained checkbook • Prepared payroll taxes; routed financial transactions • Scheduled meeting and appointments ■ Routed proposals and shop drawings Belafonte Tacolcy Center, Inc. Miami, FL Executive Secretary Performed highly responsible and complex clerical tasks. ▪ Supervised clerical division • Typed reports and proposals • Administered and scored typing exams ■ Developed flyers and newsletters • Logged, routed, reviewed correspondence ■ Maintained supply and equipment inventory • Prepared calendar for senior management • Coordinated special events and fieldtrips • Facilitated new employee orientation • Compiled data from middle management to prepare reports 2000 — Present Barry University • B.S. - Business and Public Administration Projected Graduation — Fall 2004 References Available Upon Request Miami Shores, FL Qitg of 4ThamY GLENN MARCOS Director Request for Letters of Interest (RFLI) RFLI No. 02-03-182 COMMUNICATIONS OPERATOR SERVICES Issued: August 15, 2003 JOE ARRIOLA City Manager I. Overview The City of Miami ("City") is seeking qualified and experienced individuals to provide Communications Operator Services to the Miami Police Department. Services shall include, but not be limited to, the dispatch of 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 types of communications equipment as assigned, among other responsibilities. Work will be performed in accordance with established City of Miami dispatch procedures at the Miami Police Department located at 400 NW 2nd Avenue, Miami, Florida, Hours to be performed may be during regular working hours, outside regular working hours, and/or on weekends, The City contemplates a Contract for two (2) years, with the City's option to extend for two (2) additional one (1) year periods. Should additional operators be required, the City will be authorized to add additional qualified communications operators on an as -needed, when -needed basis throughout the duration of the contract. All qualified communications operators shall be required to execute a Professional Services Agreement (contract) with the City. II. Scope of Services The Communications Operator, at a minimum, shall meet the following requirements and perform the following professional services for the City of Miami Police Department, hereinafter referred to as the "Department." A. 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 types of Communications equipment as assigned. B. Facilitate the disposition of calls for service in accordance with established City of Miami dispatch procedures, In connection therewith, Provider shall exercise good judgment, 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 regard to local government operations, police protection systems and procedures and the geographical layout of the City. DEPARTMENT OF PURCHASING 444 S.W. 2nd Avenue, 6"' Floor Miami, FL 33130 (305) 416-1900 Fax: (3051416-1925 Mailing Address: P.O, 8ox 330708 Miami, Florida 33233-0708 / E-Mail Address: purchase@ci.miami.fl.us Website: http://ci.mia City of Miami, Florida Communications Operator RFLI 02-03-182 C. 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. D. Provide the Department with completed invoices reflecting the hours worked and signed by the Provider and Communications Section Commander on forms provided, by the Department. E. Provide any other services as normally and customarily required of communications operator for the Miami Police Department. III. Cone of Silence Pursuant to Section 18-74 of the City of Miami Ordinance No. 12271, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFB (bids) between, among others. The Cone of Silence shall apply to this RFLI. IV. Minimum Qualifications The following represents the minimum qualifications of an individual to provide communications operator services. A. Must have a minimum of two (2) years experience in police dispatching, or be currently employed as a Police Dispatcher with another agency in Miami -Dade, Broward, Palm Beach or Monroe County. B. Successfully complete a paid Familiarization Program to be provided by the Department, for a period not to exceed forty (40) hours. C. Successfully pass a background investigation conducted by the Miami Police Department prior to the execution of a Professional Services Agreement (contract). V. Deadline for Receipt of Information / Clarification Pursuant to the Cone of Silence, any request for additional information or clarification must be received in writing no later than 5:00 p.m. on Monday, August 25, 2003. Interested individuals (Proposers) may fax or mail their requests to the attention of Pamela Burns CPPB, Sr. Procurement Contracts Officer, at the City's Department of Purchasing, 444 S.W. 2"a Avenue, 6th Floor, Miami, Florida 33130. The facsimile number is (305) 416-1925 or email: pbums(a)ci.mia►ni.li.us. This RFP is subject to the City's "Cone of Silence" in accordance with Section 18-74 of the City's Ordinance No. 12271. VI. Independent Contractor Communications Operator is considered an independent contractor, and neither communications operator nor any of its agents, representatives or employees shall be considered to be an employee of City. 2 City of Miami, Florida Communications Operator RFLI 02-03-182 VII. Fee Schedule The City shall pay each qualified Latent Print Examiner $22.00 per hour straight time, during the initial two years of the contract. The hourly rates for the optional extension year(s) may be increased if approved, in writing, by the Chief of Police, at his/her direction, for an amount not to exceed a maximum of 10% per extension year. There shall be no reimbursable out-of-pocket or travel expenses. VIII. Work Assignments Identified by the City All work assignments during the Contract period will be on an "as needed" basis, complying with notification requirements. The City offers no guarantee as to the number or frequency of work assignments or the amount of payments to be received by the Qualified Communications Operators under the terms of the Contract. IX. Insurance All qualified Communications Operators shall be exempt from the regularly required insurance of the City. The Administration Division of the City of Miami Police Department will accept responsibility for monitoring all activities as they relate to the services rendered by each Communication Operator. X. Indemnification Communications Operator shall defend, indemnify, save and hold harmless the City, its officers, agents and employees, from any claims, suits, or actions that may be brought by third parties on account of the performance of the services required under the Contract by the Communications Operator. XL Confidentiality Communications Operator agrees to keep confidential all information and data, whether written or oral, obtained from City or pursuant to the performance of its services on City's behalf. XII. Suspension or Termination of Services Communications Operator shall have the right to suspend or terminate any or all of the services covered under the Contract upon giving ninety (90) days written notice to City. City shall have the right to suspend or terminate any or all of the services covered by the Contract by notifying Communications Operator when suspension or termination is to be effective. XIII. Resolution of Protests Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Director of Purchasing/Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest with final approval by the City Commission. Bidders are alerted to Section 18-103 of the City's Ordinance No. 12271 describing the protest procedures. Protests failing to meet the requirements for filing shall not be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS. 3 City of Miami, Florida Communications Operator RFLI 02-03-182 XIV. Evaluation Respondents shall be evaluated to determine qualifications for Communications Operator, based on related experience and information as requested in Section IV. Responses will be reviewed and evaluated to determine whether each individual met the minimum qualification requirements. The City Commission further reserves the right to accept or reject any recommendation. XV. Submission Requirements Interested individuals are to submit written Responses which details the Communications Operator's qualifications and experience. All communications operators shall provide in its Response the following: A. Provide its qualifications and experience reflecting a minimum of two (2) years experience in police dispatching, or be currently employed as a Police Dispatcher with another agency in Miami -Dade, Broward, Palm Beach or Monroe County. A current resume should be provided addressing your qualifications and experience. B. Acknowledgement of the requirement to successfully complete a paid Familiarization Program to be provided by the Department, for a period not to exceed forty (40) hours. C. Acknowledgement of the requirement to successfully pass a background investigation conducted by the Miami Police Department prior to the execution of a Professional Services Agreement (contract). D. Provide a letter of reference, from at least one (1) entity, attesting to your ability to perform communication operator services for the City of Miami. Failure to provide and/or agree to each of the above may be cause to deem your Response non- responsive. X. Receipt of Responses Provide one (1) original and two (2) copies of signed and dated Responses with required documentation to the Office of the City Clerk, Attn: Priscilla A. Thompson, 3500 Pan American Drive, First Floor, Miami, Florida 33133 no later than Wednesday, September 3, 2003 at 12 Noon. Responses must be clearly marked on the outside of the envelope referencing RFLI No. 02-03-182, COMMUNICATION OPERATOR SERVICES. Failure to submit Response by the due date and time, and at the location specified above, will disqualify Communications Operator. 4 September 2, 2003 Priscilla Thompson City Clerk 3500 Pan American Drive — 1st Floor Miami, FL 33133 RE: RFLI No. 02-03-182 COMMUNICATION OPERATOR SERVICES Dear Ms. Thompson: In response to the above reference RFLI, attached is the required documentation. Thank you in advance. Sincerely, jAvycL b2,1Mte.mt) Tanya Torrence