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HomeMy WebLinkAboutR-91-0504U J-91-598 07/5/91 RESOLUTION NO. 9 1 5 0 4 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA MEMORIAL COLLEGE, FOR THE PROVISION OF TWO EIGHTY -HOUR PRE - ACADEMY ORIENTATION CLASSES FOR THE CITY OF MIAMI POLICE DEPARTMENT, AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $11,000, FROM THE LAW ENFORCEMENT TRAINING TRUST FUND, PROJECT NO. 136002, INDEX CODE 029013-429. WHEREAS, the Police Department is committed to providing its police recruits with the best training possible; and WHEREAS, in an effort to give all recruits an equal opportunity to succeed, an eighty -hour pre -academy orientatio_. class has been developed; and WHEREAS, this eighty -hour course is designed to improve the recruits' English grammar and reading and writing skills, and to assist in the adjustment from civilian life to the structured environment of the police academy; and WHEREAS, Florida Memorial College will coordinate and present two such eighty -hour classes; and WHEREAS, funds to cover. the necessary expenses required for the above classes are available in the City of Miami Law Enforcement Training Trust Fund; and WHEREAS, the Chief of Police has recommended adoption of this Resolution; 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 Agreement, in substantially the attached A'+iEN'0 �fA CITY COMMISSION MEETING OF „.,t JUL 11 10 91- 504 ImuXurt" a,. form, with Florida Memorial College, to prepare and present two eighty -hour pre -academy orientation classes for police recruits for the City of Miami Police Department, with funds therefor hereby allocated, in an amount not to exceed $11,000, from the Law Enforcement Training Trust Fund, Project No. 136002, Index Code 029013-429. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this llth day of my 1991. XAVIER L. SU REZ, YOR ATTEST: MATTY HIRAI, CITY CLERK BUDGETARY REVIEW & APPROVED BY: A_�' MANOHAR S. SU A DIRECTOR DEPARTMENT OF ET PREPARED/ AND APPROVED BY: ALBERTINE B. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVEJ� AS TO FORM AND CORRECTNESS: I , ` /\ . J�GE -GE C Y ATTORNEY M2375 Jul- S- 9 1 W E D 1 4: 4 2 AGENDA O F F I C E P.04 rROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this day of , 1991, by and between the CITY OP MIAMY, a munic- ipal corporation of the State of Florida, hereinafter referred to as the ."CITY", and Florida Memorial College, Inc., hereinafter referred to as the "PROVIDER"l RECITAL WHEREAS, the CITY and the PROVIDER enter into this Profes- sional Services AGREEMENT with the knowledge and spirit of full cooperation, of the mutual covenants and obligations herein con- tained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I SCOPE OF SERVICE The PROVIDER shall implement the following professional services for the City of Miami Police Department, hereinafter referred to as the DEPARTMENT. 1 PROVIDER, hereby agrees to provide Preacademy orientation training for the DEPARTMtNT. f A. Course Description The Preacademy orientation course is designed to assist recruits with their adjustments from civilian life to the rigid requirements of the police academy. Emphasis is placed upon those subject areas which have created difficulties for recruits in their quest to complete the f police academy curriculum. 8. General Ob ectives 1. To administer the T.A.B.E. for pre and post examination. S. To generate greater interest and focus on reading and writing skills. 3. To provide training exercises in English (grammar, sentence*, writing, etc.) and reading. C. Anticipated Results 1. The recruits will have a basic understanding of grammar, rending, and writing. s vintN RITUkIitnG► WK tut(h A RMEW, PLEASE IDENTIFY AS 91� 504 4/ Jut-- Y- 9 1 W E D 4: 4 3 AGENDA OFI=15A P. 05 2. The recruits will be given a pre and post test in English, grammar, spelling, and reading. D. The PROVIDER shall provide the overall coordination, program design and act as principal facilitator. E. The PROVIDER shall deliver to the DEPARTMENT the results of t1te pre and post T.A.B.E. test. F. The PROVIDER shall conduct a minimum of two 80-1iour Preacademy orientation classes for a minimum of approximately 40 police recruits. Upon successful completion of each class, recruits will qualify for five academic credit hours in General studies at Florida Memorial College, ARTICLE 11 COMPENSATION CITY shall pay the PROVIDER, as maximum compensation for the services required pursuant to Article I hereof, $220.00 per student, with a minimum of two classes with 20 students per class. Payment shall be made within 30 days after the completion of the each clams and receipt of the invoice from the PROVIDER. ARTICLE III 'x'E 1 MIS The AGREEMENT shall commence upon the signature of the City Manager and terminate upon completion of a minimum of two classes by September 30, 1991. ARTICLE IV TERMINATION CITY retains the right, upon 12 days written notice., to terminate this AGREEMENT at any time prior to the completion of the services required pursuant to the AGREEMENT without penalty to CITY. In that event, notice of termination of the AGREEMENT shall be in writing to PROVIDER, 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 PROVIDER an amount in excess of the total sum provided by this AGREEMENT. It is hereby understood by and between CITY and PROVIDER that any payment made in accordance with this Section to PROVIDER -2- 3- 9 1 W E D 4 7 4 3 AGENDA O P r I J*S + , N P . 0 6 shall be made only If said PROVIDER is not terms of the AGREEMENT. If PROVIDER is shall in no way be obligated and shall, not aura whatsoever. ARTICLE V in default under the n default, the CITY pay to PROVIDER any } INDEPENDENT CONTRACTOR' That the PROVIDER and its employees and agents shall bar deemed to be independent contractors, not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension ordinances of the CITY or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Worter's Compensation benefits as employees of the CITY, ARTICLE VI i COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS t Both parties shall comply with all applicable laws, ordi- nances and codes of rederal, State and Local Governments. PROVIDER agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its ' performance under the AGREEMENT. :I PROVIDER shall abide by Ordinance No. 10538, the Minority j Procurement Ordinance of the City of Miami and the conflict of j interest lawn of the City of Miami (City of Miami Code Chapter 2, ?' Article V), Dade County riorida (Dade County Code Section 2-11.1) and the State of 'Florida, and agrees that it will fully comply in all respects with the terms of said laws. ARTICLE VII MONITORING The PROVIDER agrees to permit the CITY and authorised agents to monitor, according to applicable regulations, the program I r'' which is the subject of the AGREEMENT. The CITY shall dive l reasonable notice to the PROVIDER before monitoring. ' i i ARTICLE VI I I j OWNERSHIP OF DOCUMENTATION All documents developed by PROVIDER under the AGREEMENT shall be delivered to CITY by said PROVIDER upon completion of JUL__ 3-9 1 WED 4 : 44 AGENDA Orr I P . 4a i the services required pursuant to the AGREEMENT and Shall become the property of CITY, without restriction or limitation on its use. PROVIDER agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and PRO- VIDER shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the Parties t11at any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to PROVIDER pursu- ant to - the AGREEMENT shall, at all times, remain the property of CITY and shall not be used by PROVIDER for any other purposes 1' whatsoever without the written consent of CISY. ARTICLE IX a A. INDEMNIFICATION The PROVIDER shall indemnify and save the City harmless from and against any and all claims, liabilities, losses and causes of action, which may arise out of PROVIDER's activities under this AGREEMENT including all other acts or omissions to act on the part of the PROVIDER or any of them, including any person acting for or on his or their behalf, and, from and against any others, judgements or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof. i B- INSURANCE Attached to the Insurance Certificate. ARTICLE X CONTINGENCY CLAUSE Funding for the 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. ARTICLE X1 DEFAULT PROVISION In the event that PROVIDER shall fail to comply with each and every term and condition of the AGREEMENT Or bails to per- -4- W E b 44 A G E N D A O F F 2 R © 9 form any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to PROVIDER may cancel and terminate the AGREEMENT and all payments, advances or other compensation paid to PROVIDER by CITY while PROVIDER was in default of the: provisions herein contained, snail be forthwith returned to the CITY. ARTICLE XII ENTIRE AGREEMENT ' This instrument and its attachments constitute the sole and only AGREEMENT of the parties hereto relating to said grant and, correctly set forth the rights, duties and obligations of each to the other as of its date. Any prior AGREEMENTS, promises, negotiations or representation not expressly set forth in this AGREEMENT are of no force or effect. ARTICLE XIII NOTICES . GENERAL CONDITIONS A. General conditions or other communications which shall or may be given pursuant to the AGREEMENT shall be in writing and shall be delivered by personal service or by registered 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 per- aonally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY Or MIAMI FLORIDA MEMORIAL COLLEGE 3500 Pan American Drive n venue i Miami, Florida 33133 Miami, Florida 33054 i COPY TOi Chief of Police 400 NAI 2nd Avenue Miami, Florida 33101 B. Title and paragraph headings are for convenient reference and are not a part of the AGREEMENT. C. In the event of conflict bdtween the terms of this AGREEMENT and any terms or conditions contained in any attadhed docu- ments, the terms in the AGREEMENT shall rule. •.T.UL.-- 3-Si WED 4 4S AGENDA O F Ir D. Shauld any provisions, paragrapboo sentences, words Or phrases contained in the AGREEMENT be determined by a court of competent jurisdiction to be invalid, illegal or other- wise unenforceable under the laws of the State of Florida or .thq City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent neeessary in order to conform with such laws or if not modifiable to conform with such laws, then same shall be deemed severable and in either event, the remaining terms and provisions of the AGREEMENT shall remain unmodified and in full force and effect. Its WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed by the persons thereto legally authorized, this the day and year first above written. ATTEST& ATTEST% APPROVED: CHIEFU-POLICE APPROVED AS TO FORM AND CORRECTNESS& PROVIDER, FLORIDA MEMORIAL COLLEGE i (SEAL) CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE- STATE OF FLORIDA ' r.' APPROVED AS TO INSURANCE REQUIREMENTSt DEP RT M FAO EM 01- 504 /rJ J.I.IL- 3-9 1 WAD `-4 45 AGENDA O FrF I CORPORATE RESOLUTION WHEREAS, the Soard of Trustees of Florida Memorial College InC hays examined terms, conditions and obligations of t'he proposed contract with t'he City of Miami for: T'he Miami Police Department; WHEREAS, the Board of Trustees at a duly held corporate meeting have considered the matter in accordance with the bylaws of the corporation: HOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF The Florida Memorial College, Inc. that the President and Secretary are hereby authorized and instructed to enter into a contract in the name of, and on behalf of this corporation, with the City ai 14iami for The Miami Police Department in accordance with the contract documents furnished by the City of Miami and for the price and upon t1he terms of payments contained in the proposed contract submitted by the City of Miami. IN WITNESS wtmEOF, this .L�_ day of i997.. CHAIRMAN, BOARD OF TRUSTEES/PRESIDENT C�. . PR IDENT (SEAL) T.UI 3-9 1 WED ,a-;4 : 46 AGENDA OFF I r,pr P 1 1 . /l:K�. �:�� t iri�.t-�•� v�+ IIV�VI'rtMlv�,r►a... '' • � ,, . l/Sl/yl TNIS CEn11FICATE IS ISSUED AS A MATTER OF twonMATION ONLY ANtD C4NRBR5 NO 114111`5 UPON THE CERTIFICA19 HOLD(n. THIS CEATIFICATE DOES NOT AMEND. & AS.SCCIATE3t INC. WIND OM ALTER THE COVEAAME AFFOMDEO EIY THE P'OLIC113 FIELOW -ssard Holland Building + COMPANIES AFFORDING COVERAGE 0 Governors Square Blvd.,Suite 40� .._ . mi E,&kest Florida 33016 cOMauty cMTV ompm A Insurance Company of North America Ee Ui T.R B ridetlity 6 Deposit Co. Of MaVylana I IRIDA K&%)=Ar, COUEG SP INC. u°Qrii n C 100 H.S. 42nd Avenue t ockat Florida 33054 � LaTeOian� D jLt1eORiin"Y E 'HIS IS TO CARTIFY THAT THC POLIC16S Of INSURANCE LISTED BELOW HAVE SEEN ISSUED ?O THU INSURED NAMED ABOVE POR T•HU POLICY PERIOD INDICATED, JOTWITMSTANOINO ANY REOUIREMINT, TERM OR CONDITION OF ANY.CONTRACT On OTHER OOCUMtNT. WITH RISP'ECT TO WHICH THIS CEATIFICATE MAY IE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIIIS DESCAMID HEREIN 13 SUBJECT TO ALL INS TERMS, EXCLUSIONS AND CONDITIONS �F SUCH POLICIES, LIMITS BROWN MAY HAVE TEEN REDUCED BY PAID CLAIMS. TYPE OP INSURANC= POLICY NUMBER i POUCT arraCTIWS PO JCY 1VPIRA1lON ALL LIMITS IN IMCMIANDS .......__..__....�..__ ......_ { BATE (MM(OONY),I OATS (MWDO/YY) ..., . . :aNtrut WBIUTY QiNiMI AooailsATt ! 1 t 09Ot X'toMMtRe+Al GENERAL IJABIUTV D20807337 10/20/90 10/20/91 PA0oUC.T6•C0W10fts AC01'.MO S s 1 t OOOt i - r WIM= MADE I_ X1 OCR I P ASCNAL A ADWERTISMO t1JURY ! 1 000 f QAMEti a A CONTRACTOR'S M. i EACH OC"nAINCE 10000, (AM rot VAMAGE y 0M lY.) s 50, ... .. --- - -- _•., . (! .. MEOCAL IIiMNU I" am P"U" a 5 t AVTOWB0.B w�nitY COAOROED X AW AUTO H03122426 10/20/90 10/20/91 VAT. • 11000 t ALL OWNED AUTOS ` Iocicy W-MeoLAdo AUTOS r (low s Pjya+I ' I*Aao Aura=KAW 1Y _ ' uolr-awNeo AUToa i � w. ��NI GARAGS wBam = pAM�pErY . a txCASSLfABRJTY.._..... ._..........i. EACH AGWEGATE 1 - 1 oGGUMINes I X MRELLA "' { G1443222A 10/20/90 10/20/91 1s 5P000, : St000, [T • aTHe� TITAN uuratuw fonts ... ... _ ... ,. ,. _ .. _ .. _ _ . ... ...... _ .. (_ . wOiuttw f EOMAtatM10N 11 avkTUTORY ~ _. i t r • i i AND '. . f t �1 ' . •1 / . • .. . tMPLAMERAIUABRJW I _ (OtSEJ�Se-POLKYl1Mn ... -- -.. _ _.. �....... � ... .. ; •fdaeA3i�EAGi EMI+LOVatI EMPLOYEE DISHCt=TX 06014669 10/26/90 110/26/91 $20t000. EVloyee Dishones, $ 5P000. Deductibla SCAWMPI OR ahapAlloN=iLOCAT10NS/VRNICLA&t&Pte$AL ITEMS .dditional Insureds City of Miami City of Miami Risk Management Division A respects classrooms training police officers ERTIFICATE HOI.OER IC�N4+ELLA710N ` ' ! • ti t 1: 'ity of Miami ' d SHOULD ANY Of THE ABOVE DIISC141SED POLIC195 BE CANCELLED SSFOnE THE ASty of Miami Risk Management Division '; EXRRAT" DATE THEREOr. THE MSUINO COMPANY MLL ENDCAVOR TO S.W. 1st Stress .! MAIL _,30 DAYS WAITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ►ituni t Fl t Street • # LEFT, BUY FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE No OBLIGATION OF L AQVTY OF ANY KM UPON THE COMPANY. 1178 AGINT8 OR AEPR'ESENTA"44 • • AVTNORIatD SaFAaaaNTATIYI i a Poe & Associates, Incws;j 'c_ 0R2353 I � �' � ' • �_ • " ' � � � ACORD CORPORAIT4t1 199 w 11 91-- 504 ft CITY OF MIAMI, FLORIDACA=13* INTER -OFFICE MEMORANDUM TO. The Honorable Mayor and Members of thqCity Commission &?a_j FROM Cesar H. Odio City Manager DATE JUN 2 11991 FILE SUBJECT Resolution Authorizing Professional Services Agreement REFERENCES: ENCLOSURES. It is respectfully recommended that a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Florida Memorial College, at a cost not to exceed $11,000, for the presentation of two, eighty hour pre -academy orientation classes, be approved. Funding will be from the Law Enforcement Training Trust Fund, Project No. 136002, Index Code 029013-429. :*W, ;• 11M The Miami Police Department is committed to providing the best training possible to recruits entering the police academy. To insure that each recruit has the same opportunity to succeed in the program, an eighty hour pre -academy orientation class is conducted. This class is designed to improve the recruit's English grammar, reading and writing skills, and to assist in the adjustment from civilian life to the structured environment of the police academy. Florida Memorial College has designed a program specifically for this purpose and will coordinate its presentation. CPH3 -1 7 91- 504