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HomeMy WebLinkAboutR-01-0058J-01-15 1/17/01 RESOLUTION NO. 0 1 58 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S) AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH 21" CENTURY SOLUTIONS FOR THE DEPARTMENT OF POLICE FOR THE COLLECTION OF BASELINE DATA AND THE ESTABLISHMENT OF AN EVALUATION SYSTEM IN COMPLIANCE WITH THE GUIDELINES ESTABLISHED BY THE COMMUNITY ORIENTED POLICING SERVICES GRANT PROGRAM FOR THE DEPARTMENT OF POLICE FOR A PERIOD OF ONE (1) YEAR, IN AN AMOUNT NOT TO EXCEED $29,530; ALLOCATING FUNDS FROM THE SCHOOL-BASED PARTNERSHIPS GRANT II, ACCOUNT CODE NO. 142026.290518.6.270. WHEREAS, the Police Department has been awarded a grant from the U.S. Department of Justice, Office of Community Oriented Policing Services, to establish a Truancy Intervention Program (the "Program") at Miami -Edison Middle School; and WHEREAS, 21St Century Solutions is a licensed consulting company which has previously provided research and evaluation data to the City of Miami Police Department and other police departments nationwide and is able to furnish the baseline CITY COMMISSION DIE TING OF JACK 2 5 ?%'dl Herm Uuoa 4AOo 01- data and establish an evaluation component for the Program as required by the grant; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorizedll to execute a professional services agreement, in substantially the attached form, with 21St Century Solutions for the Department of Police for the collection of baseline data and the establishment of an evaluation system in compliance with the guidelines established by the Community Oriented Policing Services Grant Program for the Department of Police for a period of one (1) year, in an amount not to exceed $29,530, with funds allocated from the School -Bases Partnerships Grant II, Account Code No. 142026.290518.6.270. 1r 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. Page 2 of 3 01 — 58 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.V PASSED AND ADOPTED this 25th day of January , 2001. JOE CAROLLO, MAYOR In accordance with !Miami Code Sec. 2-35, since the kla+icr did not iridic-ste anprovrl Of this legisfation by s gning ii in t1le designated solace aw becomes e"ective with the elapse of ten (10) day€, f �r.` ii;3 d�t� Oc�rr�missi;� regarding same, without the Ni�yor �rscerclsinc�� tfo. � � �, Walter J. ATTEST: WALTER J. FOEMAN CITY CLERK 01 AND CORRECTNESS: NDR(5 VILARELLO ATTORNEY W4944:LB:BSS zf If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 0 1— 5 8 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this , day of , 2001 (but effective ) by and between the City of Miami, a municipal corporation of the State of Florida ("City") and 21" Century Solutions, a company with principal place of business at 15134 Deer Valley Terrace, Silver Springs, MD 20906 ("Provider") RECITALS: A. The City has been awarded a grant from the U. S. Department of Justice, Office of Community Policing Services (COPS) in the amount of $207,317 (the "Grant"), to form a School -Based Partnership establishing a Truancy Intervention Program (the "Program") at Miami -Edison Middle School. B. In accordance with the provision of the Grant, the City requires the collection of baseline data and the development of an evaluation component to comply with COPS Office requirements ("Services"). C. Provider possesses all necessary licenses, qualifications and expertise to perform the Services. D. The Commission of the City of Miami, by Resolution No. , adopted on 2001, approved the selection of Provider for the provision of the Services required under the Program, and authorized the City Manager to execute a contract, 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: K-01-00007 01_- 58 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 a period of one (1) year. 3. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described, and under the special terms and conditions set forth, in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that Provider: (i) possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) is and shall be, at all times during the term hereof, fully qualified and trained to perform the Services; and (iv) the Services will be performed in the manner described in Attachment "A". 5. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be made in equal quarterly increments of $7,382.50. The Provider shall provide receipts for all expenditures incurred. The total compensation shall not exceed $29,530. The funds for payment of the Provider will originate from the School -Based Partnerships Grant II. LR:Agreement-21 ST -CENTURY 2 B. Unless otherwise specifically provided in Attachment "B", 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. 5. 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. 6. 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 his/her principal place of business for a period of three (3) years after final payment is made under this Agreement. 7. 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. LR:Agrcement-21ST-CENTURY 3 O t® 58 8. 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. 9. COMPLIANCE WITH PROGRAM REQUIREMENTS AND FEDERAL, STATE AND LOCAL LAWS: Provider shall comply with all requirements imposed by the Grant for the Program, including reporting, record keeping and other requirements. Provider shall also 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. 10. 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 LR:Agrcement-21ST-CENTURY 4 ()1- 58 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, 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. 11. 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. 12. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, by giving Provider at least five (5) business days prior written notice, upon discontinuance or termination of the Program, unavailability of funds under the Grant, or if the City determines, in its sole discretion, LR:Agreemcnt-21ST-CENTURY 5 01— 58 that continuation of the Program or of Provider's services are no longer in the best interest of the City. 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 under the Grant or under this Agreement. 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. 13. INSURANCE: It is requested that the Provider be exempt from the regularly required insurance. The Criminal Investigation 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. 14. 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. LWAgreement-21ST-CEN'T'URY 6 0 t— 58 15. 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. 16. 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: 21" CENTURY SOLUTIONS 15134 DEER VALLEY TERRACE SILVER SPRINGS, MD 20906 COPY TO: CHIEF OF POLICE 400 N.W. 2ND AVENUE MIAMI, FL 33128 17. MISCELLANEOUS PROVISIONS: TO THE CITY: CITY OF MIAMI 3500 PAN AMERICAN DRIVE MIAMI, FL 33133 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. LR:Agreement-2IST-CENTURY 7 01- 58 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. 18. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 19. 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. 20. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is LWAgreement-2 I ST -CENTURY 8 01- 58 subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 21. 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. 22. 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. 23. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board"), which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Attestation of this Agreement by the City Clerk shall constitute evidence of its approval by the Oversight Board. 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: Walter Foeman, City Clerk "City" CITY OF MIAMI, a municipal corporation By: Carlos A. Gimenez, City Manager LR:Agreement-21ST-CENTURY 9 01— 58 WITNESSES: Print Name: APPROVED AS TO FORM AND CORRECTNESS: "Provider" 21" Century Solutions Print Name: Dr. Craig D. Uchida Title: President APPROVED AS TO INSURANCE REQUIREMENTS: ALEJANDRO VILARELLO MARIO SOLDEVILLA City Attorney Administrator Risk Management LR:A6reement-2IST-CENTURY 10 01— 58 ATTACHMENT "A" SCOPE OF SERVICES The Provider shall implement the following professional services for the City of Miami Police Department, hereinafter referred to as the "Department." The Provider will assist in the collection of baseline data prior to implementation of the program. With the assistance of crime analysts from the Department, researchers will gather data from police records, including offense reports, arrest reports, and calls for service data in and around the target school. This data will depend on the goals and objectives of the interventions that take place. Once appropriate intervention has occurred, data will again be collected through the Department and the school. The evaluation will include process and impact components. Provider will document the way in which the Problem -Oriented Policing models are used by the Department and the target school. Individual interviews and/or focus group interviews of key personnel will be undertaken at critical points over the grant period. A final report that includes both components will be written for the Department and the COPS Office. Provider agrees to complete and submit any and all documents necessary to satisfy the evaluation component of the School -Based Partnerships Grant II. 1- 58 CITY OF MIAMI, FLORIDA CA=5 INTER-OFFICE MEMORANDUM TO The Honorable Mayor and Members of the City Commission RECOMMENDATION DATE: JAN 17 2W1 FILE : SUBJECT: Proposed Resolution REFERENCES. 215i Century Solutions; Professional Services ENCLOSURES: Agreement 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 2151 Century Solutions, in an amount not to exceed $29,530, for the Miami Police Department. Funding will be from the School -Based Partnerships Grant II, Account Code No. 142026.290518.6.270. BACKGROUND The Police Department has been awarded a grant from the U. S. Department of Justice for the purpose of implementing a Truancy Intervention Program at Miami -Edison Middle School. In accordance with the grant, the department is required to collect baseline data and establish an evaluation component. 21' Century Solutions is licensed and capable of providing these services. Researchers will collect data from police records, reports, calls for service and other crime analysis sources, as well as, from staff from the targeted school. The evaluation will include process and impact components. Individual interviews and focus group interviews with key personnel will be undertaken at critical points over the grant period. y1 � CAG C/JLM/lr 01- 58 Carlos A. Gimenez TO: City Manager FROM : ul Martine hief of Police CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE : DEC O ( 20 FILE: SUBJECT, 215` Century Solutions; Professional Services Agreement REFERENCES: ENCLOSURES: The Police Department has verified that funds are available with the Department of Management & Budget, for the provision of Community Survey Services executed under Professional Services Agreement with 2151 Century Solution, in an amount not to exceed $29,530. Funding is to be provided from the School -Based Partnerships Grant II, Account Code No. 142026.290518.6.270. BUDGETARY REVIEW & APPROVAL: Linda M. Haskins Director Department of Management & Budget 4c, JLM/Ir Call, oflaw Mu" Dab Time g:,05 Amount of $ 01""' b available in accoM malrn m 4zvz a , o�5�o d. fiedby. SIGNATURE 01- 58 PROFESSIONAL SERVICES AGREEMENT AWARD SHEET ITEM: DEPARTMENT: RECOMMENDATION: AwardSheet Truancy Intervention Program at Miami -Edison Middle School Police It is recommended that the City Manager execute a Professional Services Agreement, in a form acceptable to the City Attorney, with 21st Century Solutions, for the collection of baseline data and the establishment of an evaluation component in compliance with the guidelines established by the Community Oriented Policing Office Grant Program, for a period of one (1) year, subject to availability of funds, in an amount not to exceed $29,530.00; with funds therefor hereby allocated from the School -Based Partnership Grant Il, Account Code No. 142021.290518.6.270. .-� ,— C ---- - C_�) Director f Purchasing /�_� 0 o ate 0j- 58