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HomeMy WebLinkAboutR-98-0905J-98-983 9/16/98 RESOLUTION NO. 9 8— 9 0 5 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH 21st CENTURY SOLUTIONS, FOR A PERIOD OF ONE (1) YEAR, SUBJECT TO THE AVAILABILITY OF FUNDS, TO PROVIDE COMMUNITY SURVEY SERVICES FOR THE CITY OF MIAMI POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $43,440.00; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY POLICING DEMONSTRATION CENTER GRANT, ACCOUNT CODE NO. 142021.290496.6.270. WHEREAS, the Police Department has been awarded a grant from the U.S. Department of Justice, COPS Advanced Community Policing (ACP) Program for the purpose of developing a Community Policing Demonstration Center; and WHEREAS, in accordance with provisions of the Grant, the department shall offer Community Survey services; and WHEREAS, 215t Century Solutions, will survey approximately 400 to 500 residents in three neighborhoods within the City of Miami to ascertain the perception of neighborhood problems; and WHEREAS, 21st Century Solution will also survey 150 officers to determine their attitudes towards community oriented policing; and WHEREAS, said company will provide the Police Department ATTACHMENT (S) JE LOltiAtMED •. • . +�+: • SEP 2 8 1998 fissakdAm 190. 98- 905 with methodology for annual assessment of community concerns and officer attitudes; and WHEREAS, a training manual will be created for website development and web mapping integration and provided to seminar attendees from law enforcement agencies; 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 authorizedY to execute a Professional Service Agreement, in substantially the attached form, with 218t Century Solutions, for a period of one (1) year, subject to the availability of funds, to provide Community Survey services for the City of Miami Police Department, in an amount not to exceed $43,440.00, with funds therefor hereby allocated from the Community Policing Demonstration Center Grant, Account Code No. 142021.290496.6.270. Section 3. This Resolution shall become effective l� 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. 2 - 98 - 905 immediately upon its adoption and signature of the Mayor.Z/ PASSED AND ADOPTED this 28th day of September , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicode apprOV21 of this legislation by signing it in the designated place provided, said legisl8t3-On now becomes effective with the elapse of ten (10) day rom the date of Cam ' sic," = � cn ATTEST: regarding same, without the Mayor ex' isin eto. i Wait r man, City Clerk WALTER J. FOEMAN CITY CLERK AND CORRECTNESS : lC/ ND&rO V I L ATTORNEY 930:CSK:kc 2.1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 3 98- 905 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 21' Century Solutions, a Maryland corporation ("Provider"). v RECITALS: A. The City has been awarded a grant from the U.S. Department of Justice, in the amount of $1,000,000 (the "Grant"), for the purpose of Advancing Community Policing through a Community Policing Demonstration Center (the "Program"). B. In accordance with the provision of the Grant, the Cit� requires community survey services ("Services") in order to establish and implement the Program. C. Provider possesses all necessary licenses, qualifications and expertise to perform the Services. D. The Commission of the City of Miami, by Resolution No. - , adopted on , 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: 98- 905 - - --- 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. 3. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that: K) 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, 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". 4. COMPENSATION: A. The amount of compensation payable by the City to the Provider shall be made in equal quarterly increments. The Provider shall provide receipts for all expenditures incurred. The total compensation shall not exceed $43,440. The funds for payment of the Provider will originate from the COPS Advancing Community Policing Demonstration Center Grant. WDAwenty first century solutions agreement 2 9 8- 905 B. Payment shall be made- within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. 5. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City in its sole discretion.. 6. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Provider under this Agreement, audit, or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at 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 MPD:twenty first century solutions agreement 3 98- 905 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 I 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 comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 9. COMPLIANCE WITH PROGRAM REOUIREMENTS AND FEDERAL, STATE AND LOCAL LAWS: Provider shall comply with all requirements imposed by the Grant for the Program, including reporting, record keeping and other requirements. Provider shall also comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 10. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, WD-swenty first century solutions agreement 4 - 905 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. 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, MPD:twenty first century solutions agreement 5 9 8- 905 Provider shall be liable to the City for -all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re - procurement of the Services, including consequential and incidental damages. 12. CITY'S TERMINATION RIGHTS: A. The City shall have the right to t=inate 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. 13. 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 WD:twenty first century solutions agreement 6 9 8 - 905 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. 14. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 15. 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 WD:twenty first century solutions agreement 7 9 8 905 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. 16. 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. 17. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: 21' Century Solutions 15134 Deer Valley Terrace Silver Spring, MD 20906 cc: Donald H. Warshaw Chief of Police TO THE CITY: City of Miami Attention: City Manager 3500 Pan American Drive Miami, FL 33133 MPD:twenty first century solutions agreement 8 9 8 -W 905 18. 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 Nuami, 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. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 20. 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 WD:twenty first century solutions agreement 9 9 8 - 905 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. 21. 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.. 22. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof andxorrectly 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. 23. 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. 24. 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 MPD:twenty first century solutions agreement 1 98- 905 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: Print Name: Title: Corporate Secretary APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO City Attorney CITY OF MIAMI, a municipal corporation City Manager "Provider" By: Print Name: 04416 b_ 14CI11 rDj_ Title: President APPROVED AS TO INSURANCE REQUIREMENTS: MARIO SOLDEVILLA Administrator Risk Management WDAwenty first century solutions agreement 11 9 V 905 ATTACHMENT "A" SCOPE OF SERVICES The Provider shall implement the following professional services for the City of Miami Police Department, hereinafter referred to as the "Department." The Provider shall conduct a community survey of about 400 to 500 residents in three neighborhoods within the City. An instrument will be developed to determine the community perception of problems in their neighborhoods and their views of police. The Provide will also conduct a survey of officers to determine their attitudes toward community -oriented policing. About 150 officers will be asked to fill out questionnaires at roll calls. The Provider will assess the Department's efforts in engaging officers with targeted problem -oriented policing plans using computer -generated maps by following the progress of this activity and report on process and outcome measures. The Provider will develop and provide the Department with survey instruments that can be used annually so that it can measure community and officer attitudes in subsequent years. The Provider will develop a training technology manual emphasizing Website Development and Web Mapping Integration, which will be provided to all participants in three, 3-day seminars for law enforcement agencies. The Provider will develop a report that describes the problem -oriented approach used by patrol officers. MPD:twenty first century solutions agreement 12 Q Q 9015 CITY OF MIAMI, FLORIDA CA=21 INTER -OFFICE MEMORANDUM The Honorable Mayor and Members ' 4998 TO: DATE: FILE: of the City Commission FROM: onald H. Warshaw City Manager RECOMMENDATION SUBJECT: Proposed Resolution REFERENCES: 21 st Century Solutions; Professional Service Agreement ENCLOSURES: It is respectfully recommended that the City Commission adopt the enclosed Resolution, with attachment, allowing the City Manager to execute a Professional Service Agreement with 21" Century Solutions, in an amount not to exceed $43,440.00, for the Miami Police Department. Funding will be from the Community Policing Demonstration Center Grant, Account Code No. 142021.290496.6.270. BACKGROUND The Police Department has been awarded a grant from the U. S. Department of Justice, COPS Advanced Community Policing (ACP) Program, for the purpose of developing a Community Policing Demonstration Center. In accordance with the grant, the department is in need of community survey services. 21 n Century Solutions shall conduct a community survey of about 400 to 500 residents in three neighborhoods within the City to determine their perception of problems in their neighborhoods and of the police. They will also conduct a survey of 150 officers to determine their attitudes towards community oriented policing. They will also develop and provide the department with survey instruments that can be used annually so that it can continue to measure community concerns and officer attitudes in subsequent years. 21 ' Century Solutions will develop a training manual focusing on technology and emphasizing Website Development and Web Mapping Integration, which will be provided to all participants in three, 3-day seminars for law enforcement agencies. DHW:hnr 98- 905