HomeMy WebLinkAboutR-01-0485J-01-369
5/14//01
RESOLUTION NO. 01- 485
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, AUTHORIZING THE: CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH ANGELA RODRIGUEZ FOR EVALUATING
THE PSYCHOLOGICAL STATUS OF PERSONNEL,
ADMINISTER THERAPY, AND WORK WITH INSURANCE
CARRIERS, HOSPITALS AND OTHER PROVIDERS TO
PROVIDE CRISIS AND INPATIENT TREATMENT FOR
THE DEPARTMENT OF FIRE -RESCUE FOR A PERIOD OF
ONE YEAR, WITH THE OPTION TO RENEW FOR ONE
ADDITIONAL ONE-YEAR PERIOD, AT THE RATE OF
$100 PER HOUR, FOR A TOTAL ANNUAL AMOUNT NOT
TO EXCEED $4,500; ALLOCATING FUNDS FROM
ACCOUNT CODE NO. 001000.280401.6.260.
WHEREAS, the Department of Fire -Rescue requires the services
of Dr. Angela Rodriguez to evaluate the psychological status of
personnel, administer therapy, and work with insurance carriers,
hospita's and other providers to provide crisis and inpatient
treatment; and
WHEREAS, Dr. Rodriguez has provided these services and
training on a voluntary basis in the past; and
WHEREAS, due to the hours of work and on-the-job stress, it
has become necessary to retain Dr. Rodriguez on an as -needed
ATTACHMENT C4
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basis to provide support, fitness for duty evaluation,
psychological. therapy, and serve as liaison between the employee,
the hospital and other providers for the appropriate care of
employees; and
WHEREAS, funds are available from Account Code
No. 001000.280901.6.260;
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 authorized!' to execute a
Professional Services Agreement, in substantially the attached
form, with Angela Rodriguez for evaluating the psychological
status of personnel, administer therapy, and work with insurance
carriers, hospitals and other providers to provide crisis and
inpatient treatment for the Department of Fire -Rescue for a
period of one year, with the option to renew for one additional
one-year period, at the rate of $100 per hour, for a total annual
amount not to exceed $9,500, with funds allocated from Account
Code No. 001000.280901.6.260.
ii 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.
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayoral
PASSED AND ADOPTED this _24th, day of Ma , 2001.
JOE CAROLLO, MAYOR
in accordance with Miami Codd Sec. 2-36, since the Mayor did not ttxi deep7ri
loOM tion by signing it in the designated Inc® rovided, said iet;i::'-..
ATTEST; .�ecome:� effective with the eiapso of !en (10) aye t dat t coma ,;.•... o
regarding same, without the Mayor ox a ve
WALTER J. FOEMAN Walter J. gam6n, Citi► Cleric
CITY CLERK
APPROVED FO CORRECTNESS:&
LLO
C TORNEY
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If the Mayor does not sign this Resolution, iC shall become effective at
the end of ten calendar days from the date it was passed and adopted.
It the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission. O C
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Form VI(b)
This Agreement is entered into this _ day of , 2001 by and between the
City of Miami, a municipal of the State of Florida and Angela Rodriguez ("Provider").
RECITALS:
A. The City of Miami, Department of Fire Rescue, is in need of a qualified,
professional to evaluate the psychological status of Fire -Rescue personnel, administer therapy,
and work with insurance carriers, hospitals and other providers in order to provide crisis and/or
inpatient treatment.
B. Provider possesses all necessary qualifications and expertise to perform the
Services.
C. The City wishes to engage the services of Provider, and Provider wishes to
perform the services for the City, 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:
T S:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
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Z. 'ERM: This AGREEMENT shall commence immediately after it is signed by the
City Manager and shall run until one-year from date of signing.
3. OPTION TO EXTEND: Upon mutual agreement to the parties, this AGREEMENT
may be renewed for one (l) additional year. Prior to renewal, the terms and conditions
relating to compensation and professional services may be renegotiated.
4. SCOPE OF SERVICE:
A. The PROVIDER shall implement the following professional services for the CITY
OF MIAMI DEPARTMENT OF FIRE -RESCUE, hereinafter referred to as the
"DEPARTMENT".
1) The PROVIDER shall evaluate the psychological status of Fire -Rescue
personnel referred by the EAP/Personnel Officer for such services.
2) The PROVIDER shall work with insurance carriers, hospitals and other
providers as necessary in order to provide crisis and/or inpatient treatment.
3) The PROVIDER shall administer psychological therapy to those personnel
deemed in need of such.
4) Any funds remaining available in the last quarter of the contract year can be
transferred and applied to the stress management training.
S) The PROVIDER shall remain the Critical Incident Stress Debriefing
Clinical Director for the DEPARTMENT on an ad honorarium (volunteer)
basis.
6) The DEPARTMENT shall receive status updates within 48 hours after the
initial evaluation and or completion of therapeutic sessions.
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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
above.
A. The amount of compensation payable by the City to PROVIDER shall be at the
rate of $100.00 per hour not to exceed $4,500 per year.
B. Payment shall be made within thirty (30) days after receipt of invoice for the
number of hours of service. The DEPARTMENT will provide a form which the Fire -
Rescue personnel receiving services must sign as proof of receiving the said service. The
original of these forms shall accompany the invoice. Failure to provide a signed form
will void claim to compensation for the time rendered.
6. OWNERSHIP OF DOCUMEN'rS: 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 putposc whatsoever without
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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 lie/she has not offered to pay, paid, or agreed to pay any person
ally fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Agreement.
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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 WITH 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 the%, may be amended from time to time.
11. INDEMNIFICA'T'ION: Provider shall indemnity, 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
attomey'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, ar 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
end'SA Angela Rodriguez. S
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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
cm.PSA.Angeh Rodriguez 6
01- 485
amount of compensation hereunder exceeds $4,500, 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 $4,500; 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. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such coverage
shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force
cm:PSA.Angela Rudiipuez 7
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and effect and providing that it will not be canceled during the performance of the services under
this contract without thirty (30) calendar days prior written notice to the City. Completed
Certificates of Insurance shall be filed with the City prior to the performance of services
hereunder, provided, however, that Provider shall at any time upon request file duplicate copies
of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Provider of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
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, are excluded from participation in, be denied services,
or be subject to discrimination tinder 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.
em.PSA Angela Rodriguez 8
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IS. 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:
Dr. Angela M. Rodriguez, P.A
460 South Dixie Highway, Suite 4C
Coral Gables, Florida 33146
19. MISCELLANFgOUS PROVISIONS:
TO THE CITY:
Deputy Chief Maurice L. Kemp
Department of Fire -Rescue
444 SW 2 Avenue, IO'h Floor
Miami, Florida 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
ciTuPSA.Angela Rodriguez 9 01- 485
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 hall
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
empldyee 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. CONTINGENCY 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
cm.PSA.Angela Rodriguez 10 0 1 — 485
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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.
25. 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. Execution of this
Agreement by the City Manager shall constitute evidence ofits approval by the Oversight Board.
26. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if
applicable:
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
cm NA.Angela Rodriguez
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" City »
CITY OF MIAMI, a municipal
corporation
By:
Carlos Gimenez, City Manager
01- 485
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WrtNESSES:
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APPROVED AS TO
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Alejandro Villarelo
'tiiARiO SOLDEVILLA
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City Attorney
Administrator
Risk Management
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CITY OF MIAMI, FLORIDA CAM14 MEMORANDUM
Honorable Mayor and FM -060
TO Members of the City Commission °A� ' NAY 15 21301 FILE
SLIWECT : Memorandum of Agreement
Angela Rodriguez
FROM : llll eZ
REFERENCES:
City Manag ENCLOSURES:
Resolution, Contract
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute a Professional Services Agreement with
Angela Rodriguez for the purpose of evaluating the psychological status of Fire -Rescue
personnel, administer therapy, and work with insurance carriers, hospitals and other
providers in order to provide crisis and/or inpatient treatment. The cost of said services
will be at a rate of $100.00 per hour, for a total not to exceed $$4,500 per year, for a one
(1) year period with the option to renew for one (1) additional year. Funds are available
from account code 001000.280401.6.260.
BACKGROUND
The employees of the Department of Fire -Rescue occasionally experience personal crisis
or participate in a critical work related incident that will require the professional
assistance of a psychologist. Further, a liaison is needed between the insurance carrier,
hospitals and other treatments centers to provide the employee the best care possible
during a stressful situation. Dr. Rodriguez will also be able to administer psychological
therapy and provide stress management training. Dr. Rodriguez is a qualified, licensed
expert who is familiar with the needs of the Fire -Rescue Department.
IF
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Judy S. Carter, Director April 23, 2001 FM-062.doc
TO: Department of Purchasing DATE: ME:
RRaa
Chief Wil iam . Bryson, Director
Department of Fire -Rescue
001 8
susJECT : Memorandum of Agreement
Angela Rodriguez
REFERENCES: Commission Meeting
Resolution
ENCLOSURES:
The Department of Fire -Rescue has verified that funding is available to enter into an agreement with Dr.
Angela Rodriguez for the purpose of evaluating the psychological status of Fire -Rescue personnel,
administer therapy, and work with insurance carriers, hospitals and other providers in order to provide
crisis and /or inpatient treatment in account code 001000.280401.6.260.
PP
Budget Approval:
g
4cr Linda M. Haskins, Director Date
C1P Approval:
Pilar Saenz, CIP Administrator Date
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