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HomeMy WebLinkAboutR-90-0944J-90-1015 11/27/90 RESOLUTION NO. 9 Q `-' 944 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE SUPPLEMENTAL FUNDING OF THE ALTERNATIVES PROGRAM AND ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $65,000; FROM THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN APPROVED BY THE CHIEF OF POLICE. WHEREAS, Florida State Statute 932.704(3)(a), as amended, authorizes the expenditure of forfeiture proceeds for law enforcement and anti -drug education purposes not considered normal operating expenses; and WHEREAS, the City of Miami, along with the rest of the nation, has experienced a major increase in crime associated with drug sales, purchases and use; and WHEREAS, the Police Department has supported and anticipates supporting groups participating in the furtherance of education in the area of drug abuse; and WHEREAS, the Alternatives Program targets those chemically dependent individuals in need of support and counselling; and WHEREAS, the Program accepts referrals from both the courts and law enforcement agencies; and WHEREAS, funds to cover the necessary expenses required for the above listed program have not been included in the Police Department's normal operating budget; and WHEREAS, the Chief of Police has recommended adoption of this Resolution and has determined that the proposed expenditure complies with Florida State Statute 932.704, as amended; and WHEREAS, funds to cover the necessary expenses required for this Program are available from the City of Miami Law Enforcement Trust Fund; ATTACHMENTS CONTAINED Q COMMLSSION MEETING OF UtC g 10 -A 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. Supplemental funding of the Alternatives Program, is hereby authorized, in an amount not to exceed $65,000, with funds therefor being hereby allocated from the City of Miami Law Enforcement Trust Fund, Project No. 690001, Index Code 290949-270, such expenditure having been approved by the Chief of Police. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 6th day of DecembeX--,, , 1990. ATTES, MATTY HIRAI, CITY CLERK BUDGETARY REVIEW & APPROVED BY: Z9 MANOHAR "A, DIRECTOR DEPARTMENTDGET PREPARED AND APPROVED BY: *JET B., ITH ASSIS T CITY ATTORNEY APPROVED S TO FORM AND CORRECTNESS: JOJ,EA.FRhANDEZ CITY ATTORN M1906 XAVIER L. SUA3EZ, MAYOR 90- 944 -2- LA 10/31/90 THIS AGREEMENT is entered into this day of , 1990, by and between CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY", and The Alternatives Programs, Inc., a Florida not for profit corporation, hereinafter referred to as the "PROVIDER"; WHEREAS, CITY and PROVIDER enter into this Professional 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: SCOPE OF SERVICE PROVIDER shall perform the following professional services for CITY of Miami Police Department, hereinafter referred to as the Department. 1. Offer in-depth counseling and drug prevention programs to qualified referrals from the criminal justice system for a period of one year. 2. Provide individualized educational programming for each adolescent upon admission to the program. 3. Offer individual and group therapy, led by qualified program staff utilizing formats generally accepted within the counseling community. 4. Offer family therapy in conjunction with the individual and group therapy in an effort to Qncompass the client's total needs. 5. Provide training modules aimed at improving deficits in interpersonal functioning. Life skills training will be as follows: a. Assertiveness training b. Communications Skills C. Independent living skills d. Affective development e. Values clarification f. Sex education g. Problem solving skills h. Decision making skills i. Interpersonal skills 90- 944 j. Grooming and hygiene k. Leisure time utilization skills 1. Cultural enhancement M. Career planning COMPENSATION CITY shall pay PROVIDER, as maximum compensation for the services required pursuant to Article I here of, $65,000. Payment to be made upon the receipt of invoices. CITY shall have the right to review and audit the time records and related records of PROVIDER pertaining to any payments by CITY. METHOD OF PAYMENT All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the previously approved Line -Item Budget. Such written request shall contain a statement declaring and affirming that all expenditures were made in accordance with the approved budget. All documentation in support of such request shall be subject to approval by CITY at the time the request is made and all invoices are required to be paid by PROVIDER prior to submission. All reimbursements must be in line -item form and be in accord with this Agreement. All expenditures must be verified by original invoice with a copy of the check which was used to pay that specific invoice. Within 60 days of submitting reimbursement request, copies of the cancelled checks shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equalling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Request for line -item changes are allowable, with prior review and approval by CITY. All line -item changes must be made prior to the end of the term of the agreement. 1� Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to CITY within 30 calendar days after the indebtedness has been incurred. Failure to comply may result in the rejection for repayment of those invoices within the reimbursement package which do not meet this requirement. it Any payment due under this Agreement may be withheld pending the receipt and approval by CITY of all reports due from PROVIDER as a part of this agreement and any modifications thereto. 2 90- 944 C C I TERMS This Agreement shall commence upon the execution of the document by City Manager and terminate one year from that date. ARTICLE IV TERMINATION CITY retains the right, upon twelve (12) days written no- tice, to terminate this Agreement at any time prior to the com- pletion of the services required pursuant to this Agreement without penalty to CITY. In that event, notice of termination of this 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 shall be made only if said PROVIDER is not in default under the terms of this Agreement. If PROVIDER is in default, CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. INDEPENDENT CONTRACTOR That PROVIDER and its employees and agents shall be deemed to be independent contractors, not agents or employees of CITY, and shall not attain any rights or benefits cinder the Civil Service or Pension Ordinances of CITY or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida worker's Compensation benefits as employees of CITY. ARTICLE VI COMPLIANCE WITFEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordi- nances and codes of Federal, 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 this Agreement. PROVIDER shall abide by Ordinance No. 10538, the Minority ant Ordinance of City of Miami and the conflict of 90-- 944 3 interest laws of City of Miami (CITY of Miami Code Chapter 2, Article V), Dade County Florida (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 PROVIDER agrees to permit CITY and authorized agents to monitor, according to applicable regulations, the program which is the subject of this Agreement. CITY shall give reasonable notice to PROVIDER before monitoring. kiZ _ OWNERSHIP OF DOCUMENTATION All documents developed by PROVIDER under this Agreement shall be delivered to CITY by said PROVIDER upon completion of the services required pursuant to this 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 PROVIDER 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 photographs, information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to PROVIDER pursuant to this Agreement shall, at all times, remain the property of CITY and shall not be used by PROVIDER for any other purposes whatsoever without the written consent of CITY. ARTICLE IN, A. INDEMNIFICATION PROVIDER shall indemnify and save CITY harmless from t, 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 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. B. BONDING AND INSURANCE PROVIDER shall maintain insurance and bonding coverages acceptable to City's Insurance Management Division of the Law 4 9a-- 944 c C. Department. Prior to commencing any activity under this Agreement, PROVIDER shall furnish to CITY certificates of insurance and bonding indicating that PROVIDER is in compliance with the provisions of this article. 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 changes in regulations. DEFAULT PROVISION In the event that PROVIDER shall fail to comply with each and every term and condition of this Agreement or fails to per- form any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to PROVIDER may cancel and terminate this Agreement and all payments, advances or other compensation paid to PROVIDER by CITY while PROVIDER was in default of the -provisions herein contained, shall be forthwith returned to CITY. 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 representations 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 this Agreement shall be in writing k 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 poer i sonally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 90►-- 944 j 5 f C] i t' CITY OF MIAMI 3500 Pan American Drive Miami, Florida 33133 THE ALTERNATIVES PROGRAM 710 N.W. 62 Street Miami, Florida 33150 COPY TO: Chief of Police 400 N.W 2nd Avenue Miami, Florida 33128 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 docu- ments, the terms in this Agreement shall rule. D. 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 other- wise unenforceable under the laws of the State of Florida or 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 deemed severable and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. IN 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. CITY OF MIAMI, a municipal Corporation of the State ATTEST: Florida MATTY HIRAI CESAR H. ODIO CITY Clerk CITY Manager - 90- 944 6 s PROVIDER: The Alternatives Program, a Florida not for ATTEST: profit corporation Corporate Secretary GEORGIA J. AYERS SEAL REV. C.E. JENKINS APPROVED: CHIEF OF POLICE APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY APPROVED AS TO INSURANCE REQUIREMENTS: DEPARTMENT OF RISK MANAGEMENT CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO. The Honorable Mayor and Members of t City Commission FROM Cesar H. Odlo City Manager 17 DATE NOV 2 71990 FILE . SUBJECT Resolution Supplementing Funding of the Alternatives Program REFERENCES ENCLOSURES. It is respectfully recommended that a Resolution, with attachment, supplementing funding for the Alternatives Program at a cost not to exceed $65,000 be approved. The Police Department supports the efforts of those groups responsible for and dedicated to the education of the public in the area of drug abuse. The Alternatives Program targets those chemically dependant people in need of support and counselling. Clients are referred to the program by both the courts and law enforcement agencies. It is, therefore, recommended that the Resolution, with attachment, supplementing the funding of the Alternatives M9 Program, and allocating funds therefor in the amount of $65,000, funding to be provided from the Law Enforcement Trust Fund, Project No. 690001, Index Code 290949-270, be approved. 90-r .944 7 -1 SCHEDULE OF PERSONNEL COST - GROSS SALARIES/FRINGES THE ALTERNATIVE PROGRAMS, INC. $ 65,000.00 GRANT FUNDED BY: THE CITY OF MIAMI POLICE DEPARTMENT GRANT PERIOD: FISCAL PERIOD - 1990 through 1991 TOTAL ANNUAL FRINGES PERCENT OF TIME MONTHS TO BE ANNUAL ANNUAL SALARY AND POSITIONS PER MONTH @ 1002 ON PROJECT EMPLOYED SALARY COST FRINGE COST FRINGE COST DRUG COUNSELOR $ 164.91 100% 12 $ 20,000.00 FICA $ 1,530.00 $ 21,979.00 U.C. 63.00 , (ANTHONY R. GREEN) W.C. 386.00 1,979.00 RECEPTIONItT/ 117.00 100% 12 14,000.00 FICA 1,071.00 15,404.00 FILE CLERK U.0 63.00 (NEW HIRE) W.0 270.00 1,404.00 CUSTODIAN (P/T) 59.00 50% 12 6,760.00 FICA 517.00 7,468.00 U.0 61.00 (CHARLES E. FLOYD) W.0 130.00 708.00 TOTALS: $ 40,760.00 -$ 4,091.00 $ 44,851.00 ** FRINGE COST CALCULATED AS FOLLOWS: „ FICA GROSS SALARIES > 7.65x FICA EMPLOYER'S U.C. UNEMPLOYMENT W.C. = WORKERS' COMP. U.C. _ tHE FIRST 7,000 OF GROSS SALARIES IX X 0.009 SOCIAL SECURITY COMPENSATION INSURANCE W.C. = GROSS SALARIES X 1.93% /J rinl%,ni��v THE ALTERNATIVE PROGRAMS, INC. 710 N. W. 62 nd Street Miami, Florida 33150 (305) 758-4187 n $ 65,000.00 GRANT FUNDED BY: CITY OF MIAMI POLICE DEPARTMENT OPERATING EXPENSES SCHEDULE: Alternative; to Incarcyration " " Tbc 1.a;t C,lumce " ITEM BASIS FOR COST ESTIMATION TOTAL COST INSURANCES: A. GROUP LIFE & HEALTH B. GENERAL LIABILITY SPACE RENTAL: 708 NW 62 ST. UTILITIES: A. ELECTRICITY B. TELEPHONE OFFICE SUPPLIES COMPUTER MAINTENANCE/ PROGRAMMING CONSULTANTS/SPEAKERS FIELD TRIPS/INCENTIVES Approximately $60/month/employee $ 2,160.00 for 12 months. Estimate based on previous amounts 900.00 $600/month for 12 months 7,200.00 Approximately $100/month for 12 months 1,200.00 Approximately $590/month for 3 months 1,770.00 To be paid until expended 1,819.00 To be paid until expended 1,000.00 r Approximately $300/month for 12 months 3,600.00 To be paid until expended •500.00 TOTAL OPERATING EXPENSES: $ 2.0,14%.z0 soma:sass AFFIDAVIT I, Perry L. Anderson, Jr., Chief of Police, City of Miami, do hereby certify that the aforementioned request for expenditures from the City of Miami Law Enforcement Trust Fund, for the supplemental funding of the Alternatives Program, at a cost not to exceed $65,000, complies with the provisions of Section 932.704•, Florida Statutes. lltrr-ry L. Anderson, Jr. Chief of Police City of Miami Police Department / G Date SWORN TO AND SUBSCRIBED BEFORE ME THIS ri L DAY OF NovgN.ckgR , 1990. My l-'ommiss i on E;;pires DATE 90-r 944