HomeMy WebLinkAboutR-98-0413J-98-461
4/23/98
RESOLUTION N0. 1 S - 413
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
GALLAGHER-WESTFALL GROUP, INC., FOR A PERIOD OF
THREE (3) WEEKS, TO PROVIDE SUPERVISORY, AND
MANAGERIAL TRAINING, FOR THE CITY OF MIAMI POLICE
DEPARTMENT AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $44,235.00, FROM THE LAW
ENFORCEMENT TRAINING TRUST FUND, ACCOUNT CODE
13 6002.2905 06.6.410.
WHEREAS, the Police Department will like to offer its civilian employees Supervisory and
Managerial Training; and
WHEREAS, the Gallagher-Westfall Group, Inc., possesses all necessary qualifications and
expertise to perform this service;
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.
CITY common
MEETING OF
APR 2 8 1998
M.
98- 4
Section 2. The City Manager is hereby authorized' to execute a Professional Services Agreement,
in a form acceptable to the City Attorney, with The Gallagher-Westfall Group, Inc., for a period of three
(3) weeks, to provide Supervisory and Managerial Training for the Department of Police, with funds
therefor, in an amount not to exceed $44,235.00, hereby allocated from the Law Enforcement Training
Trust Fund, Account Code 136002.290506.6.410.
Section 3 This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 2 8 th day of April , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
Us legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) da s from the date of mission action
ATTEST: regarding same, without the Mayor exer isi veto.
alter man. City Clerk
WALTER J. FOEMAN, CITY CLERK
BUDGETARY&T
DIPAK PARE , DIRECTOR
OFFICE OF BUDGET &
MANAGEMENT ANALYSIS
PREPARED AND APPROVED BY:
OLG REZ-SEIJ S
ASSI ANT CITY AT ORN Y
W2490:CSK
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.
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98 - 413
CA-9
314 i ER-0FFICEE'%I_E ,]ORAN+DU'111
The Honorable Mayor and Members - = April 28, 1998
of the City Commission
Jose Garcia -Pedrosa
City Manager
RECOMMENDATION
- Proposed Resolution
The Gallagher-Westfall
Group, Inc.; Professional
Services Agreement
It is respectfully recommended thati the City Commission adopt the enclosed Resolution allowing
the City Manager to execute a Professional Services Agreement with The Gallagher-Westfall
Group, Inc., in an amount not to exceed $44,235.00, as needed by the Miami Police Department.
Funding is to be from the Law Enforcement Training Trust Fund, Account Code No.
13 6002.290506.6.410.
BACKGROUND
The Police Department will be providing a Supervisory and Managerial Training to its civilian
employees. The Gallagher-Westfall Group, Inc., has been utilized by the Police Department since
1989 to provide all supervisory, management and executive training to its personnel.
The proposed training is designed to incrementally build on structured sessions, so that supervisors
and managers can have the benefit of the exercises and information developed during their
respective line -level training. While the topics covered are similar, e.g., problem -solving
methodologies, they are structured to fit each audience's special needs. For example, supervisory
problem -solving is designed to address the "clients" of supervision: line -level personnel and Police
Department customers (internal and external). The managerial level training is designed to address
the "clients" of managers: supervisors and Police Department customers (internal and eternal).
While supervisors will develop action plans for improving customer service and problem solving,
managers will, using the supervisors' actions plans, develop strategic plans for improving customer
service and problem solving.
JGP:DHW:Imr
c: Donald H. Warshaw, Chief of Police
Form VII(a)
SERVICES AGREEMENT
OR
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this (but effective as of
May 11, 1998 ) by and between the City of Miami, a municipal corporation of the State of
Florida ("City") and The Gallagher-Westfall Group, Inc., a State of Virginia corporation
("Provider").
RECITALS:
A. The City is in need of Line/Clerical, Supervisory, and Managerial Training
Program, for its police department's civilian employee population.
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.
D. The Commission of the City of Miami, by Resolution No.
adopted on , 199_, 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:
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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 three (3) weeks, commencing on
the effective date hereof.
3. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described:
1) Provide four (4) - two (2) day training sessions for all police department first
line/clerical level civilian employee.
2) Provide four (4) - three (3) day training sessions for all police department .
supervisory level civilian employee.
3) Provide one (1) - four (4) day training session for all police department
managerial level civilian employee.
4) All training will be conducted in a concurrent three (3) week time period.
5) Provider will provide all training materials to include but not limit to books,
profiling instruments, certificates, handout materials, etc.
B. Provider represents and warrants to the City that: (I) it possesses all
qualifications, licenses and expertise required for the performance of the Services; (ii) it is not
delinquent in the performance of any obligations to the City, (iii) all personnel assigned to
perform the Services are and shall be, at all times during the term hereof, fully qualified and
trained to perform the tasks assigned to each; and (iv) the Services will be performed in the
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manner described in the Scope of Services.
4. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be a fixed fee
of $44,235.00.
B. Payment shall be made after completion of services as specified in the Scope Of
Service paragraph in this agreement and certified by the department's Training Unit that.
Payment shall be within forty five (45) days after receipt of Provider's invoice. Compensation
is all inclusive which provides for professional services rendered by instructors, all printed
materials used, travel/transportation expenses (air and land), hotel, meals, clothing care, and all
other cost associated with the production of Services.
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
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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.
7. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company employed by the City to solicit or secure
this Agreement and that it 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.
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
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comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
9. 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.
10. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnities") 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
Indemnities, 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
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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 Indemnities, 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.
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. 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
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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 -
i
this section by written instruments, signed by the City Manager.
13. 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.
14. INSURANCE: Provider shall, at all times during the term hereof, maintain such
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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
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 the required change in policy coverage would otherwise take effect.
15. 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,
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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.
16. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume of City
procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of
which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall
have the right to terminate and cancel this Agreement, without notice or penalty to the City, and
to eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false of misleading information as
to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
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 parry 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
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or the date of actual receipt, whichever is earlier.
TO PROVIDER:
The Gallagher-Westfall Group, Inc.
P.O. Box 60
Indian Valley, Va. 24105
PH. (540) 789-4056
Fax (540) 789-4057
COPY TO:
Donald H. Warshaw
TO THE CITY:
City of Miami
Att: Jose Garcia -Pedrosa
3500 Pan American Drive
Miami, Fl. 33133
Chief of Police
Miami Police Department
400 N.W. 2nd. Ave.
Miami, Fl. 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
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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
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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
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 of its approval by the Oversight
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.
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ATTEST:
Walter Foeman, City Clerk
ATTEST:
Print Name:
Title: Corporate Secretary
APPROVED AS TO FORM AND
CORRECTNESS:
JOEL E. MAXWELL
Interim City Attorney
HM:PSAFOR-LDOC
a
go
"City"
CITY OF MIAMI, a municipal
corporation
By:
Jose Garcia -Pedrosa, City Manager
"Provider"
The Gallagher-Westfall Group, Inc.
corporation
G.Paterick Gallagher
Title: President
APPROVED AS TO INSURANCE
REQUIREMENTS:
MARIO SOLDEVILLA
Administrator
Risk Management
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98- 43
Mar-09-98 01:32P Public Mgt. Resources 2n6543464 P_01
yr o f Z l 6 L•
Texas Division
10402 Severn Rd., Suite 200
San Antonio, TX 78217
210/637-6664
FAX: 210/654-3464
March 9,1998
Facsimile
TO.: Rick Naiur AGENCY: , Miami Police Department
FAX No.: 305.579.6143 PAGES W/ COVER: 5
FROM: Jim Ginger TIME: 10:50am
MESSAGE
Rick:
A draft training agenda follows. Please let us know If this needs to be revised to
better meet the needs of the department. As always, we are flexible.
Thanks
,Jim Ginger
� Improving Quality of hife Through Innovation and Problem Solving
98- 413
Mar-019-98 01:32P Pubic Mgt_ Resources 2'06543464 P.02
Training Design
The proposed training is designed to build on each of the previous
sessions, so that supervisors can have benefit of the exercises and
information developed during the line -level training, and the managers can
have benefit of the exercises and information developed during the
supervisory -level training.
While the topics covered are similar, e.g., problem -solving methodologies,
they are structured to fit the audiences' needs. For example, supervisory
problem -solving is designed' to address the "clients" of supervision: line -
level personnel and MPD customers (internal and external). The
managerial -level training is designed to address the "clients" of
managers: supervisors and MPD customers (internal and external). While
supervisors will develop action plans for improving customer service and
problem solving, managers will, using the supervisors' actions plans,
develop strategic plans for improving customer service and problem
solving.
98' 413
Mar-09-98 01:32P Public Mgt. Resources 2106543464 P.03
Miami Police Department
Civilian Staff, Supervisors and Managers
Training Program
The Gallagher-Westfall Group, Inc.
Bureaucratic Problem Solving: An Oxymoron?
STAFF LEVEL TRAINING (KEALOHA)
Time
Day One
8-12
1-S
Day Two
8-12
Who
Organizational Structure and Spheres of Influence Kealoha
Organizational Beliefs Kealoha
Understanding Organizational Workstyles Kealoha
Communications Processes Kealoha
Understanding Communications Styles
Applying New Knowledge
Values, Beliefs, Attitudes, Action and
Performance
1-5 Motivation and Empowerment
Responsibility and Accountability
SUPERVIsoRY LEVEL TRAINING (KEALOHA & GINGER)
Time Topic
Day One
8-12 Organizational Structure, Beliefs and
Comfort Zones
Understanding Organizational Workstyles
1-5 Change and Transition
Situational Leadership
Kealoha
Kealoha
Kealoha
Who
Kealoha
Kealoha
Kealoha
Kealoha
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Mar-09-98 01:32P Public Mgt. Resources 2706543464
P.04
Time Topic Who
Day Two
8-12 Identifying Customer Service Issues for Ginger
the MPD
Problem Solving Methodologies
Brainstorming, Mind Mapping, NGT, &
Delphi Applications Ginger
1-5 Building Problem Solving Teams for MPD
Customer Service Ginger
Day Three
8-12 Identifying Critical Issues Confronting
Excellence in Customer Service for
the MPD Ginger
1-5 Action Planning for Problem Solving Ginger
Building Excellence in Customer Service
Empowering Customer Service Functions
MANAGERIAL LEVEL TRAINING
Time Topic Wes}
Day One
8-12 Organizational Structure, Beliefs and
Comfort Zones Kealoha
Understanding Organizational Workstyles Kealoha
1-5 Change and Transition Kealoha
Day Two
B-12 Situational Leadership Kealoha
1-5 Identifying Customer Service Issues for Ginger
the MPD
Problem Solving Methodologies
Brainstorming, Mind Mapping, NGT, &
Delphi Applications Ginger
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Mar-09-98 01:33P Pub is Mgt. Resources 2706543464 P_05
Day Three
8-12 Building Problem Solving Teams for
MPD Customer Service
1-5 Building Excellence in Customer Service
Empowering Customer Service Functions
Day Four
8-12 Identifying Critical Issues Confronting
Excellence in Customer Service for
the MPD
1-5 Strategic Planning for MPD
Customer Service
Ginger
Ginger
Ginger
98- 4AL3