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HomeMy WebLinkAboutR-00-0171J-00-126 2/7/00 • RESOLUTION NO.�" A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S) AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH TWO (2) DOMESTIC VIOLENCE SENIOR COUNSELOR (S) ADVOCATE(S), AT AN ANNUAL AMOUNT NOT TO EXCEED $54, 999, FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE YEAR PERIODS, FOR THE PROVISION OF COUNSELING AND INTERVENTION SUPPORT SERVICES FOR THE DEPARTMENT OF POLICE, DOMESTIC VIOLENCE INTERVENTION ("DVI") 'RAPID ENFORCEMENT AND CONTAINMENT TRACKING TEAM ("REACT") PROGRAM; ALLOCATING FUNDS THEREFOR FROM THE "STOP VIOLENCE AGAINST WOMEN" GRANT, PROJECT NO. 142019. WHEREAS, the. Department of Police needs Domestic Violence Senior Counselor(s)/Victim Advocate(s) for its Domestic Violence Intervention ("DVI"), Rapid Enforcement and Containment Tracking Team ("REACT") Program; and WHEREAS, the Department of Police has approximately 6,000 reported cases of domestic violence annually, and has investigated 39 domestic violence related deaths from 1994 to 1996; and WHEREAS, the Florida Department of Community Affairs has awarded a STOP Violence Against Women Grant to provide funding for the continuation of the DVI REACT Program; and Illy, N 6 t, d � C 7 1,N CITY CO1vIiUSSI6M I MEETING OF FEB 17 2000 Resolution No. - 1 1 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 as if fully set forth in this Section. Section 2. The City Manager is hereby authorizedl� to execute Professional Services Agreement(s), in substantially the attached form, with two (2) Senior Counselor(s)/Victim Advocate(s), at an annual amount not to exceed $54,999, for a period of one (1) year, with the option to extend for two additional one year periods, for the provision of counseling and intervention support services for the Department of Police, Domestic Violence Intervention, Rapid Enforcement and Containment Tracking Team Program; with funds therefor hereby allocated from the "STOP Violence Against Women" Grant, subject to the availability of funds. Section 3. This Resolution shall become effective immediately upon adoption and signature of the Mayor./ 1/' 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. zi If the Mayor does not sign this Resolution, is shall become effective at the end of ten calendar days from the date it was passed and adopted. Page 2 of 3 U 0— 7 PASSED AND ADOPTED this 17th day of February 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing, it 'In the designated pl � pro-vided, said legisio,'N.'O"'I IVOW becomes effective with the elapse of ten Aday f m the date of Corn 2G;1 n regarding same, without the Mayor WrfisinA 3 to.. ATTEST: CORRECTNESS; ATTORNEY 4135:hdb:RCL City Clerk If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 00- 171 Page 3 -of 3 • PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this _ day of , 2000 (but effective January 1, 2000) by and between the City of Miami, a municipal corporation of the State of Florida ("City") and ("Provider") RECITALS: A. The City is in need of a Domestic Violence Senior CounselorNictim Advocate for the Miami Police Department's REACT Program under the STOP Violence Against Women Grant, who shall develop and implement a crisis intervention and victim advocacy program to service the victims of domestic related crimes in the City ("Services"). 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. D. The Commission of the City of Miami, by Resolution No. , adopted on 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. r J; F 2. TERM: The term of this Agreement shall be for one (1) year, commencing on the effective date hereof and, unless terminated in accordance with the provisions hereof, shall continue until completion of the Services by Provider under the Program. 3. OPTION TO EXTEND: The City shall have two (2) option(s) to extend the term hereof for a period not to exceed one (1) year each, subject to extension of the Program and availability and appropriation of Grant funds. 4. 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 based on the rates and schedules described in Attachment `B" hereto, which by this reference is incorporated into this Agreement. 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 MPD:Agreement-VictimAdvocates-STOP 2 0-0— J- 7 1 sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If Provider is entitled to reimbursement of travel expenses {i.e. Attachment `B" includes travel expenses as a specific item of compensation], then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 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 MPD:Agreement-VictimAdvocates-STOP3 U.Y. -171 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 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 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 MPD:Agreement-VictimAdvocates-STOP 4 00— 7 1 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 MPD:Agreement-VictimAdvocates-STOP 5 00— X 9 1 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 $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 MPD:Agreement-VictimAdvocates-STOP 6 00— 7 City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. B. Should PROVIDER not be able to provide the services in Paragraph 1, PROVIDER shall give the CITY five (5) days written notification of cancellation and will be liable for cost incurred of printing of material, etc. C. 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: It is requested that the PROVIDER be exempt from the regularly required insurance. The Criminal Investigations 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. MPD:Agreement-VictimAdvocates-STOP 7 00— 171 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: City of Miami ATT: Donald H. Warshaw, City Manager 3500 Pan American Drive Miami, Florida 33133 COPY TO: William E. O'Brien Chief of Police 400 N.W. 2"d Avenue Miami, Florida 33128 19. MISCELLANEOUS PROVISIONS: 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. MPD:Agreement-VictimAdvocates-STOP 8 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. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is MPD:Agreement-VictimAdvocates-STOP9 CO— I - 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.. 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. 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: Donald H. Warshaw, City Manager MPD:Agreement-VictimAdvocates-STOP 10 00— 1 1 WITNESSES: "Provider Print Name: Print Name: Print Name: Jessica Mena APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: . ALEJANDRO VILARELLO MARIO SOLDEVILLA City Attorney Administrator Risk Management Go- 171 MPD:Agreement-VictimAdvocates-STOP I 1 ATTACHMENT "All SCOPE OF SERVICES SENIOR COUNSELOR/VICTIM ADVOCATE FOR THE DOMESTIC VIOLENCE PROGRAM The Domestic Violence Victim Advocate shall develop and implement a crisis intervention and victim advocacy program to service the victims of domestic related crimes in the City of Miami. The services to be provided thereunder shall include the following: • Provide advocacy and crisis intervention to victims of domestic violence. The Victim Advocate will be required to provide immediate on site interventions and ongoing case management. • Evaluate risk factors and provide this information to the victim, the Domestic Violence Administrator and Police. With the victim, the Victim Advocate will create an appropriate safety plan, and follow-up with each case.. • Provide information to the victim(s) regarding legal resources, safety, shelter, housing and on-going support groups. • Actively encourage victim(s) to take steps, regarding safety issues, such as obtaining orders of injunctions. • Work with the Domestic Violence Administrator to create training protocols, victim information packets, and case management systems. • Meet weekly with Domestic Violence Administrator as a team with all other staff. • Maintain files in a current and organized fashion. • Provide telephone crisis as well as on site interventions. • Fill out all required paperwork on each case. • Collect information on each case that might aide in prosecution. • Must work as a self-directed professional and follow through with each detail of each case. • Work some on-call times that will flex with scheduled time. MPD:Agreement-VictimAdvocates-STOP 12 ` '- 171 ATTACHMENT "B" COMPENSATION CITY shall pay to PROVIDER, as maximum compensation for the services described in Article III, the rate of $21.00 per hour, for the duration of the Grant. Total number of collective hours'worked by all providers must not exceed the $54,999 allocated in the Grant. MPD:Agmement-VictimAdvocates-STOP 13 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO The Honorable Mayor and Members DATE : rr " FILE of th4Ciommission suBJECT:Proposed Resolution FROM: REFERENCESonarshaw STOP Violence Against Women City Manager ENCLOSURES: Grant; Professional Services Agreements RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute Professional Services Agreements for two. (2) Senior Counselors/Victim Advocates, in an amount not to exceed $54,999, for the Police Department. Funding will be from the STOP Violence Against Women Grant, Project 142019. BACKGROUND The STOP Violence Against Women Grant will provide critical third year funding for the continuation of law enforcement and prosecution strategies, and victim services involving violent crimes against women. The Domestic Violence Intervention (DVI) REACT project has established a multi -disciplinary approach to the intervention of domestic violence by utilizing the strength of two professions to interact in an organized and focused fashion. The grant includes monies for the professional services of two (2) Senior Counselors/Victim Advocates, at an annual cost not to exceed $54,999. The Senior Counselors/Victim Advocates will provide immediate support and intense short term follow-up case management with victims. VI-ci 0 DHW:WEO:B :JLM:lr - JL I TO Donald H. Warshaw City Manager FROM: William E. O'Brien Chief of Police l CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: JAM 21 2000 FILE : SUBJECT: STOP Violence Against Women Grant; Professional Services Agreements. REFERENCES: ENCLOSURES: The Police Department has verified that funds are available with the Office of Budget & Management Analysis, for the provision of two (2) Senior Counselors/Victim Advocates under Professional Services Agreement in an amount not to exceed $54,999. Funding is to be provided from the STOP Violence Against Women Grant, Project Number 142019. BUDGETARY REVIEW AND APPROVAL T� ayliavt-- Luie L. Brennan Interim Director Department of Management & Budget WEO:lr