HomeMy WebLinkAboutR-91-0809.e
J-91-926
11/7/91
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND INTERDISCIPLINARY PROGRAM
CONSULTANTS, INC. FOR THE SERVICES OF A
CERTIFIED BEHAVIOR ANALYST AS REQUIRED BY THE
FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES FOR CLIENTS OF THE
CITY'S PROGRAMS FOR THE HANDICAPPED WITHIN
THE PARKS AND RECREATION DEPARTMENT, ON A
PART-TIME BASIS FOR ONE (1) YEAR, WHICH TERM
MAY BE EXTENDED BY THE CITY MANAGER, UPON
WRITTEN CONSENT OF INTERDISCIPLINARY PROGRAM
CONSULTANTS, INC., SUBJECT TO THE
AVAILABILITY OF FUNDS; ALLOCATING FUNDS
THEREFOR IN AN AMOUNT NOT TO EXCEED $18,400
FROM THE SPECIAL REVENUE FUND "RECREATION
PROGRAMS FOR THE MENTALLY RETARDED - FY'92".
WHEREAS, for the past fourteen years, the Florida Department
of Health and Rehabilitative Services (HRS) has provided the
United States Department of Health and Human Services monies to
the City's Programs for the Handicapped within the Parks and
Recreation Department; and
WHEREAS, under the terms of the City's current grant
agreement with HRS, our Handicapped Program is required to
provide the services of a State Certified Behavior Analyst, at
least on a part-time basis, to adult participants in the
Developmental Training and Supported Employment Program; and
!'l �
� � _:
t
d lu d
CITY crT' "7 27710N
li RESOLliTiON Ho.
WHEREAS, with grant funds in the amount of $82,608 and
additional private and City dollars, the City's Adult
Developmental Center at Kinloch Park serves twenty-one (21)
clients in a thirty -hour per week, work -oriented program, giving
instruction in such pre -vocational skills as telling time, using
money, and learning how to take a bus, as well as in related
behavioral and socialization skills; and
WHEREAS, in order to comply with minimum HRS standards,
Form 2006-A, a certified and registered Behavior Analyst is
needed to provide ongoing behavioral programming, including the
development of individual client program plans, training,
assessments and progress evaluations of City clients, as well as
program direction, technical and implementation guidance, City
staff training, and clinical oversight; and
WHEREAS, in accordance with Section 18-52.2 of the City
Code, the Parks and Recreation Department, with the assistance of
the Chief Procurement Officer, solicited proposals from the five
(5) individuals and professional associations in the local area
which have certification in the required field; and
WHEREAS, the proposal received from Interdisciplinary
Program Consultants, Inc. was found to provide duly qualified and
experienced professionals, to offer an acceptable schedule and
program of work on a part-time basis, and requested a fee
appropriate to the City's program requirements and budget; and
-2- �,-i 1 -- S 0 9
WHEREAS, the Chief Procurement Officer and the Director of
the Department of Parks and Recreation recommended that the
proposal of Interdisciplinary Program Consultants, Inc. be
accepted; and
WHEREAS, the attached agreement was prepared outlining the
duties and responsibilities of said Consultant for this program,
with services to be provided on a part-time basis at a total fee
not to exceed $18,400 for a one (1) year period, which period may
be extended by mutual written consent, subject to the
availability of funds;
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 an agreement, in substantially the attached form, between
the City of Miami and Interdisciplinary Program Consultants, Inc.
for the services of a Certified Behavior Analyst as required by
the Florida Department of Health and Human Services for clients
of the City's Programs for the Handicapped within the Parks and
Recreation Department on a part-time basis for one (1) year,
which term may be extended by the City Manager, upon mutual
6 0
written consent of Interdisciplinary Program Consultants, Inc.,
subject to the availability of funds, with funds therefor hereby
allocated in an amount not to exceed $18,400 from the Special
Revenue Fund entitled "Recreation Programs for the Mentally
Retarded - FY '92", subject to compliance with any and all
applicable City Charter and Code provisions.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th da
XAVIER L. SUAREZ MAYOR
ATTE
i
MATTY, HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
I/)I
RAFAEL /O I
DEPUTY CITY
APPROVED AS TO FORM AND CORRECTNESS:
• A. QVNN J E, III
CITY ATTOUINbY
M2642 7
, 1991.
92
11
r"4
�8OFESSIONAL SE.BSrIC_E,S AGREEJ�NT
between
CITY OF MIAMI and INTERDISCIPLINARY PROGRAM CONSULTANTS, INC.
This Agreement entered into this _ day of _ ,
1991, by and between the City of Miami, a municipal corporation
of the State of Florida, hereinafter referred to as "CITY", and
Interdisciplinary Program Consultants, Inc., hereinafter referred
to as "CONSULTANT."
WITNESSETH:
WHEREAS, the CITY's Department of Parks and Recreation,
Programs for the Handicapped (hereinafter referred to as the
"DIVISION"), requires specified professional services pursuant to
the mandates of its agreement with the State of Florida
Department of Health and Rehabilitative Services (hereinafter
referrred to as "HRS"); and
WHEREAS, the professional services required of the DIVISION
by HRS include technical assistance, consultation and program
direction for the development and implementation of Individual
Programs Plans, ongoing staff training and clinical oversight for
behavioral programming and for standards compliance related to
the Adult Developmental Center participants, and the regular
ongoing services of a certified Behavior Analyst for program
participants; and
WHEREAS, the DIVISION and the Procurement Office of the
Department of General Services Administration and Solid Waste
solicited proposals from certified Behavior Analysts for the
above services; and =i I S 0
WHEN RL(,-1 i,jjjjG FOR FURTI R
REVIE PLEASE IDENTI AS
PR #91_015/1
lab
WHEREAS, CONSULTANT submitted a proposal in response to the
CITY's request outlining its qualifications and its desire to
perform the required services for the CITY; and
WHEREAS, CONSULTANT was found to be qualified in the field
of developmental training program standards and behavior analysis
for the developmentally disabled and its proposal was deemed
acceptable by the DIVISION; and
WHEREAS, City Commission by Resolution No. ,
adopted
, 19 authorized the City of Miami to
execute this agreement for the professional services required of
CONSULTANT;
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
agree as follows:
TERM:1.
The term of this Agreement shall be for a period on one (1) year,
from , 1991 through , 1992, with option
to extend said term for an additional one (1) year period upon
mutual written consent of the City Manager and CONSULTANT.
II,. SCOPE OF -SE VICES:
CONSULTANT will provide DIVISION with the following services:
technical assistance and behavioral programming and consultation
services to ensure continued, timely program improvement and
individual client program development activities in compliance
with the State of Florida Developmental Training Program
-2- :t S09
standards. The proposed services would be provided to both the
Developmental Training Program and the Supported Employment
Program components of the DIVISION.
(A) CONSULTANT shall provide:
1.
Technical assistance and program direction in
behavioral programming.
2.
Consultation to DIVISION staff on client program
development and implementation activities.
3.
Staff training and clinical oversight in behavioral
programming, developmental training and supported
employment.
4.
Select, with DIVISION's approval, a SUB -CONSULTANT to
work with DIVISION on a part-time basis, and supervise
work of SUB -CONSULTANT. Said SUB -CONSULTANT shall
have, at minimum, a Bachelors degree and extensive
experience and training in Behavior Analysis, and
shall meet HRS Developmental Training Program Minimum
Standards as Certified Behavior Analyst staff.
(B) SUB -CONSULTANT shall provide:
1.
Ongoing part-time behavioral programming to Division
client in compliance with minimum HRS standards.
2.
Individual Program Plan development and
implementation.
3.
Implement activities including assessment, client
progress evaluations, and client training.
4.
Assist in staff training on behavioral programming and
standards compliance.
(C) TIME OF PERFORMANCE:
CONSULTANT and SUB -CONSULTANT shall devote the necessary
time to perform the above required services.. It is
anticipated that CONSULTANT will need to commit
approximately four (4) hours on a biweekly basis and SUB -
CONSULTANT shall commit approximately twelve (12) hours
weekly. The actual hours and days for performance shall be
mutually agreed upon by the DIVISION and CONSULTANT.
III, COMPENSATION:
A. CITY shall pay CONSULTANT, as maximum compensation for the
services required pursuant to Paragraph II hereof, an amount
not to exceed Eighteen Thousand Four Hundred Dollars
($18,400.00) for the term of this Agreement.
B. Such compensation shall be paid upon submission of receipts
and monthly itemized invoices to the DIVISION for the
performance of the consultation services rendered during the
previous month. Said invoices shall be itemized to indicate
the number of hours worked by the CONSULTANT and/or SUB -
CONSULTANT, the applicable hourly rate(s) of pay, and the
allowable administrative fee.
1. Hourly Rates: For the purposes of this Agreement, CITY
shall pay to CONSULTANT a rate of $40.00 per hour for
the CONSULTANT, and a rate of $20.00 per hour for the
part-time SUB -CONSULTANT.
2. Administrative Fee: To cover CONSULTANT's indirect
expenses for communication, duplication and office
expense, CONSULTANT shall be entitled to an additional
fee equal to Fifteen Per Cent (15%) of the total hourly
rate pay. The Administrative Fee shall be invoiced and
paid monthly.
3. Annual Budget: Said compensation will be paid in
accordance with the line -item budget provided herein:
CONSULTANT (IPC Expert Consultant)
4 hours biweekly X 25 weeks = $ 4,000
SUBCONSULTANT (Part -Time Certified Behavior Analyst)
3 hours per day X 4 days per week
X 50 weeks = $12,000
SUBTOTAL $16,000
Administrative Expgnse
15% X $16,000 = $ 2,400
TOTAL COST: _ $18,400
C. The CITY shall have the right to review and audit the time
records and related records of CONSULTANT pertaining to any
payments made by CITY.
IV, COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws, ordinances
and codes of federal, state and local governments.
V. GENERAL CONDITIONS:
A. All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, or by registered
5 -
�. 809
mail addressed to the other party at the address indicated
herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which
personally served; or, if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI
Department of Parks and
Recreation
2600 South Bayshore Dr.
Miami, Florida 33133
Attn: Marcia S. Breiter
CONSULTANT
Interdisciplinary Program
Consultants, Inc.
P.O. Box #695068
Miami, FL 33269
Attn: Thomas E. McCarthy
B. Title and paragraph headings are for convenient reference
and are not a part of this Agreement.
C. In the event of conflict between the terms of this Agreement
and any terms or conditions contained in any attached
documents, the terms in this Agreement shall rule.
D. 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.
E. Should any provisions, paragraphs, sentences, words or
phrases 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 provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the
extent necessary in order to conform with such laws, or, if
not modifiable to conform with such laws, then same shall be
6 -
,i j ..
t
deemed severable, and in either event, the remaining terms
and provisions of this Agreement shall remain unmodified and
in full force and effect.
F. All claims and disputes which may arise between CITY and
CONSULTANT regarding the application or interpretation of
any of the terms or conditions of this Agreement, including
disputes between the parties as to their respective
obligations and responsibilities herein, shall be resolved
in the courts of the State of Florida, County of Dade.
VI. OWNERSHIP OF DOCUMENTS:
All documents developed by CONSULTANT and/or SUBCONSULTANT
under this Agreement shall be delivered to CITY by said
CONSULTANT upon completion of the services required pursuant to
Paragraph II hereof and shall become the property of CITY,
without restriction or limitation on its use. CONSULTANT agrees
and assures on behalf of SUBCONSULTANT that all documents
maintained and generated pursuant to this contractual
relationship between CITY and CONSULTANT shall be subject to all
provisions of the Public Records Law, Chapter 119, Florida
Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by CITY to CONSULTANT
and/or SUBCONSULTANT pursuant to this Agreement shall at all
times remain the property of CITY and shall not be used by
CONSULTANT and/or SUBCONSULTANT for any other purposes whatsoever
without the written consent of CITY.
- - If — IS 0
VII. NONDELEGABILITY.
Except as otherwise specified herein, the obligations undertaken
by CONSULTANT pursuant to this Agreement shall not be delegated
or assigned to any other person or firm unless CITY shall first
consent in writing to the performance or assignment of such
service or any part thereof by another person or firm.
��
CITY reserves the right to audit the records of CONSULTANT at any
time during the performance of this Agreement and for a period of
three (3) years after final payment is made under this Agreement.
IX_ AWARD OF AGREEMENT:
CONSULTANT warrants that it has not employed or retained any
person 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 employed by CITY any fee, commission percentage, brokerage
fee, or gift of any kind contingent upon or resulting from the
award of this Agreement.
.: CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to the
laws of the State of Florida.
xT SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors, and assigns.
XII. INDEMNIFICATION
CONSULTANT shall indemnify and save CITY, its agents, officers
and employees, harmless from and against any and all claims,
liabilities, losses, and causes of action which may arise out of
CONSULTANTS activities under this Agreement, including all other
arts or omissions to act on the part of CONSULTANT, including any
person acting for or on its behalf, and, from and against any
orders, judgments, or decrees which may be entered and from and
against all costs, attorneys fees, expenses and liabilities
incurred in the defense of any such claims, or in the
investigation thereof.
XIII: INSURANCE
During the term of this Agreement, CONSULTANT shall provide and
maintain bonding and/or insurance coverages in the amounts and
types deemed necessary by the Insurance Coordinator of the CITY.
The CITY shall be named an additional insured on all liability
policies as required. CONSULTANT shall furnish evidence of
insurance and/or bonding, as required, to CITY prior to
commencing any activities under this Agreement.
XIV• CONFLICT OF INTEREST:
A. CONSULTANT covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interests, direct or indirect, with CITY. CONSULTANT
further covenants that, in the performance of this
Agreement, no person having such conflicting interest shall
be employed. Any such interests on the part of CONSULTANT
or its employees, must be disclosed in writing to CITY.
B. CONSULTANT is aware of the conflict of interest laws of The
City of Miami (City of Miami Code Chapter 2, Article V),
Made County, Florida (Dade County Code Section 2-11.1) and
the State of Florida, and agrees that it shall fully comply
in all respects with the terms of said laws.
CONSULTANT and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of CITY, or any rights generally afforded
classified or unclassified employees; further it shall not be
deemed entitled to the Florida Workers' Compensation benefits as
an employee of CITY.
_ . 4_ • UNGNEGIOR .. �.�
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
Paragraph II hereof without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
CONSULTANT, who shall be paid for those services performed prior
to the date of its receipt of the notice of termination. In no
case, however, will CITY pay CONSULTANT an amount in excess of
the total sum provided by this Agreement.
•Z 10 u_ 4 •Z fl
CONSULTANT agrees that it shall not discriminate as to race, sex,
color, creed, age, handicap or national origin in connection with
its performance under this Agreement.
- 10 - 13.1 - S 0 9
XVILz MI i I�TY PROCURE `IEN_ T CQV_�:
CONSULTANT acknowledges that it has been furnished a copy of
Ordinance No. 1053B, the Minority and Women Business Affairs and
Procurement Ordinance of the City of Miami, and agrees to comply
with all applicable substantive and procedural provisions
therein, including any amendments thereto.
XIX. CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability of
funds and continued authorization for program activities and is
subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
XX. DEFAULT PROVISION:
In the event that CONSULTANT shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
CITY, at its sole option, upon written notice to CONSULTANT, may
cancel and terminate this Agreement, and all payments, advances,
or other compensation paid to CONSULTANT by CITY while CONSULTANT
was in default of the provisions herein contained, shall be
forthwith returned to CITY.
It is hereby understood by and between CITY and CONSULTANT
that any payment made in accordance with this Agreement to
CONSULTANT shall be made only if said CONSULTANT is not in
default under the terms of this Agreement. If CONSULTANT is in
default, then CITY shall in no way be obligated and shall not pay
to CONSULTANT any sum whatsoever.
- 11 - si i Is09
XXI. ENTIRE AGREE E_
This instrument and its attachments constitute the sole and only
Agreement of the parties hereto relating to said services 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.
XXII: AMENDMENTS:
No amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereinto
duly authorized, this the day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
ATTEST: Florida
By:
MATTY HIRAI CESAR ODIO
City Clerk City Manager
ATTEST: CONSULTANT: Interdisciplinary
Program Consultants, Inc., a
for profit Florida corporation
By:
CORPORATE SECRETARY Thomas E. McCarthy
President
(SEAL)
- 12 -
11
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES, III e.,L'L'
CITY ATTORNEY
APPROVED AS TO INSURANCE:
SEGUNDO PEREZ,
INSURANCE COORDINATOR
- 13 -
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of INTERDISCIPLINARY PROGRAM
CONSULTANTS, Inc., has examined the terms, conditions and
obligations of the proposed agreement with the City of Miami for
professional services; and
WHEREAS, the Board of Directors, at a duly held corporate
meeting, have considered the matter in accordance with the by-
laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
INTERDISCIPLINARY PROGRAM CONSULTANTS Inc., that the president
and secretary are hereby authorized and instructed to enter into
an agreement in the name of, and on behalf of this corporation,
with the City of Miami for professional services in accordance
with the contract documents furnished by the City of Miami, and
for the price and upon the terms and payments contained in the
proposed contract submitted by the City of Miami.
IN WITNESS WHEREOF, this day of
ATTEST:
Corpoarate Secretary
14
1991:
CHAIRMAN, Board of Directors
(print name)
;O
rA
C IT',' OF GIIAMi, FL(1RIUl��.
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Cesar H. Odi
City Manager `
r]
()ATE '1'1 i' -� tM •,l
CAw13
FILE
SUBJECT Resolution Authorizing Agreement
for Services of a Certified
Behavior Analyst/Handicapped
REFERE `JCETrogram
ENCLOSURES
Recommendation
It is respectfully recommended that the City Commission adopt the
attached resolution authorizing the City Manager to execute an
agreement, in substantially the form attached, with
Interdisciplinary Program Consultants, Inc. (a Hispanic -owned
firm located within the Miami city limits) for the services of a
State certified Behavior Analyst on a part-time basis for clients
in the City's Programs for the Handicapped. These services are
required pursuant to the City's agreement with the Florida
Department of Health and Human Services under the Developmental
Training and Supported Employment Program grant. Funds for this
requirement in an amount not to exceed $18,400 are available in
the Special Revenue Fund "Recreation Programs for the Mentally
Retarded - FY'92", and the one (1) year contract term may be
extended for an additional period subject to the continued
availability of funds.
Background
The Department of Parks and Recreation has received federal funds
for the past 14 years from the Florida Department of Health and
Rehabilitative Services (HRS) to support the City's Programs for
the Handicapped. As a recent modification to the work scope
under the City's current grant agreement with HRS, our
Handicapped Program is required to provide the services of a
State -certified Behavior Analyst, at least on a part-time basis,
to adult participants in the Developmental Training and Supported
Employment Program.
With grant funds in the amount of $82,608 and additional City and
private dollars, the City's Adult Developmental Center at Kinloch
Park serves twenty-one (21) clients in a thirty -hour per week
employment -oriented program. Clients are given instruction in
such pre -vocational skills as telling time, transacting money,
and learning how to take a bus, as well as in related behavioral
and socialization skills.
In order to comply with minimum HRS standards, form 2006-A, a
State certified and registered Behavior Analyst must provide
ongoing behavioral programming for the clients, including the
development of individual program plans, training, assessments
C4 ►3 - I
i
I
TO
FROM :
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Judy S. Carter, DATE October 16, 1991
Chief Procurement Officer
42 ��4--Q-
Alberto Ruder, Director
Parks and Recreation Department
FILE
SUBJECT Funding Verification:
Professional Services of
Behavior Analyst
REFERENCES.
ENCLOSURES
This department has verified with the Departments of Budget and
Finance, as applicable, that funds are available for the
procurement of professional services in the field of Behavior
Analysis required by the City's Programs for the Handicapped at a
cost not to exceed $18,400.
As of this writing, funds in the total estimated amount of
$50,000 are available as the remaining balance of the existing
Special Revenue Fund "Recreation Programs for the Mentally
Retarded - FY '91", PROJECT #115004, which will be carried over
into the current fiscal year in a Special Revenue Fund of the
same name (FY '92), scheduled as an emergency ordinance on the
October 24, 1991 Commission Agenda.
Account Code: #580218-270 (Professional Services - Other)
Requested Amount in this Code: $19,000
BUDGET APPROVAL: FINANCE APPROVAL:
u0i
Manohar Surana, Director Carlos Garcia, Director
Budget Department Finance Department