HomeMy WebLinkAboutR-98-0638J-98-682
6/19/98
RESOLUTION NO. " " 638
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE YMCA OF GREATER MIAMI, INC., TO PROVIDE YOUTH
SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT FOR
ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT
NOT TO EXCEED $44,481.00; ALLOCATING FUNDS THEREFOR
FROM THE EAST LITTLE HAVANA MINORITY YOUTH DIVERSION
GRANT, ACCOUNT NO. 142020.291401.6.270.
WHEREAS, the Miami Police Department has been awarded a grant from the Florida
Department of Juvenile Justice to operate a community policing diversionary program for minority
youth in the East Little Havana section; and
WHEREAS, the grant requires a youth services provider to establish and implement the
program; and
WHEREAS, the YMCA of Greater Miami possesses all of the qualifications and expertise to
perform these services; and
WHEREAS, the YMCA of Greater Miami will provide a site supervisor who will arrange all
program activities at selected locations to be held Monday through Friday afternoons after school,
designated Saturdays, and Monday through Friday afternoons during the summer;
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 herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized to execute a Professional Services
ATTACHMENT (S)
CONTAINED
CITT COMMISSION
MEETING OF
J U N 2 3 1993
A"Ciudon No.
98- 638
Agreement, in a form acceptable to the City Attorney, with the YMCA of Greater Miami, Inc., to
provide youth services for the City of Miami Police Department for one (1) year with the option to
extend for two (2) additional one (1) year periods, at an annual amount not to exceed $44,481.00,
with funds therefor hereby allocated from the East Little Havana Minority Youth Diversion Grant,
Account No. 142020.291401.6.270.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the mayor.'
PASSED AND ADOPTED this 23rdday of June , 1998.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVE TO
,r
0 VILA
CITY ATTORNEY
W2686:CSK:ORS
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 place provided, sa?
becomes effective with the elapse of ten (10) days from the d to of C' —,m nip cry aCl.
regarding saroe, without the Mayor exercis!q eta
Wa tr J. eman, City Clerk
D CORRECTNESS/
' 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 not be effective unless the City
Commission overrides the veto.
-r
9 8 - 638
SERVICES AGREEMENT
OR
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this _ day of , 199_ by and between
the City of Miami, a municipal corporation of the State of Florida ("City") and Young Men's
Christian Association (YMCA) of Greater Miami, Inc., a non-profit corporation ("Provider").
RECITALS:
A. The City has been awarded a grant from Department of Juvenile Justice, in the
amount of $ 70,000.00 (the "Grant"), to reduce juvenile delinquency in East Little Havana by
providing a program of prevention, early intervention, diversion during the hours when juvenile
crimes are at a peak and targeting services to the age group committing most of the crime (the
"Program").
B. In accordance with the provision of the Grant, the City requires youth services
("Services") in order to establish and implement the Program.
C. Provider possesses all necessary licenses, qualifications and expertise to perform
the Services. The Provider will provide site supervisor who will arrange all program activities
at the location selected Monday through Friday afternoons, some Saturdays and evenings and full
time during the summer when juvenile crime is at its peak. Activities include information and
referral, team sports, classroom instruction, parenting skills, community service projects, field
trips, volunteering as summer counselors, and counseling.
D. The Commission of the City of Miami, by Resolution No. - ,
adopted on , 199_, 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:
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 commence 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 but in no event later than the term of the grant.
3. OPTION TO EXTEND: The City shall have the option to extend the term hereof for
a period not to exceed two (2) years, 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: (i) it 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,
MMYMCAcontract 2
98- 638
occupational licenses, etc., nor 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 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; provided, however, that in no event shall the amount of
compensation exceed $ 44,481.00 [per year].
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.
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..
MPD:YMCAcontract 3
98- 638
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. 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 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.
MMYMCAcontract 4 9 Q_ 638
38
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 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.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the performance or non-performance of the services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
whole or in part, by any act, omission, default or negligence (whether active or passive) of
Provider or its employees, agents or subcontractors (collectively referred to as "Provider"),
MMYMCAcontract 5 OO
9 6 3 8
regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent
or contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the
paragraphs herein or the failure of the Provider to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with
the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless
the Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Provider, or any of its subcontractors, as provided above, for
which the Provider's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
MMYMCAcontract 6 (� Q (�
U V V 3 8
13. 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,
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.
14. 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
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
MPD:YMCAcontract 7
98- 638
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.
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,
handicap, marital status or national origin, be Pxcluded 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
MMYMCAcontract 8 Q Q
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 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:
YMCA of Greater Miami
175 SW 15" Road
Miami, Florida 33129
Attn: Adrian B. Moody, President
Sue Loyzelle, Grant Development Director
COPIES: Donald H. Warshaw
Chief of Police
400 N.W. 2 Avenue
Miami, Florida 33128
TO THE CITY:
City of Miami
ATT: City Manager
3500 Pan American Drive
Miami, Florida 33133
MPD:YMCAcontract C)
98- 638
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.
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.
MPD:YMCAconvact ] 0
98- 638
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
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
MPD:YMCAcontract 11 QQ
4JV - 63 8
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.
ATTEST:
Walter Foeman, City Clerk
ATTEST:
�'A" J. A#,- �;) -
Robert J. Shelley I
Title: Corporate Secretary
"City"
CITY OF MIAMI, a municipal
corporation
By:
City Manager
"Provider"
YMCA of Greater Miami,
a non-profit corporation
By: Q &144 , IIa..-M
Adrian B. Moody
Title: President
APPROVED AS TO FORM APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
ALEJANDRO VILARELLO
City Attorney
MARIO SOLDEVILLA
Administrator
Risk Management
MPD:YMCAcontmct 12 J V— 638
ATTACHMENT A
YMCA OF GREATER MIAINII
The YMCA agrees to be the required 50% sub -contractor to the Minority Youth
Diversion Program. In this role the YMCA agrees to provide the site supervisor. The
site supervisor will arrange all program activities at Jose Marti Park every afternoon
Saturdays and evenings and full time during the summer. The YMCA will also provide
a clerk -typist to perform all clerical activities associated with the program. All program
participants will be administered the YMCA Youth Program Evaluation Kit. The
YMCA will also provide liability insurance for clients through the YMCA blanket
coverage.
,24,,-, pi —r,-2
Adrian Moody, President
98- 638
ATTACHMENT B
Compensation payable by the City to Provider shall be based on the rates and schedules
described below:
Service units will be paid monthly to the YMCA of Greater Miami with total payments not to
exceed 44,481.00 per contract year.
The YMCA agrees to provide a monthly Program Activity Report which summarizes the
activities of the program. At a minimum the report shall include educational, health, recreational
components and activities, parental participation, speakers and topics.
A list of youth attending each month (15' to the 15") shall be submitted as part of the
documentation.
Attendance sheets providing date, time, location, topic and attendees shall be maintained at the
site as documentation on all workshops, field trips, tutoring sessions or other group activities.
Service Units shall reflect the program description in the attached grant application which is
incorporated by reference and made part of this agreement.
MMYMCAcontract 13 6
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pRDouGEA
ARTHUR J. 4ALLACHER i CO.
22SS GLADES ROAD SUITE 400E
ORE BOCA PLACE
BOCA RATON FL 33431
561-995-6706
INSURED
YMCA OF GREATER KM
11755SM SOUTHWEST ION ROAD
3OS-358-5077
DATE (UKMW Y1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM --not
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