HomeMy WebLinkAboutR-90-0600J-9D*547
6j28/90 90- 600
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A RESOLUTION # WITH ATTACHMENTS .
AUTHORIZING THE CITY MANAGER TO EXECUTE
A PRtOPESSIONAL SERVICES • AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, WITH
POSITIVE: THOUdHT ENTERPRISES., IN ;AN
AMOUNT NOT TO EXCEED $9,400 FOR THE
PROVISION OP TWO EXECUTIVE STAPP AND
TRAINER SEMINARS POR THE CITY OF MIAMI
POLICE DEPARTMENT, WITH FUNDS THEREFOR
ALLOCATED FROM THE LAW ENFORCEMENT
TRAINING TRUST FUND, PROJECT NO.
13600 2, INDEX CODE 290505-270.
WHEREAS, the Police Department continuously evaluates its
management personnel and their techniques; and
WHEREAS, training seminars have been conducted to increase
the effectiveness of its managers through areas such as
communications skills; and
WHEREAS, Positive Thought Enterprises conducts a two day
seminar introducing the Personal Profile System for managers and
trainers; and
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WHEREAS, this system is designed to enhance performance in
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administration, command assignments, community relations, and
investigations and interrogations; and
WHEREAS, funds; to cover the necessary expenses required for
the above seminar are available in the Law Enforcement Training
Trust Fund; and
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WHEREAS, the Chief of Police has recommended adoption of
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this resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section. �r
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Section 2. The City Manager is hereby authorised to execute
Professional Services Agreements, in a form acceptable to the
ATTACHMENTS
CONTAINED
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it Att rne]t', with pd§jtiv6 Thought tnterprisea, to prepare and r$
.. present the Personal profile SyStOm to managers and trainers►.
the ity of Miami police Department; with funds therefor here��
allocated in a total amount not to exceed $9 , 400 from the 'ham
r= Enforcement Training Trust Fund, Project No. 136002, Index bode
�.. 290505, Minor Object 270, upon such casts having been approved by
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the Chief of Police.
This Resolution shall become effective
Section 2. s.
i immediately upon its adoption pursuant to law.
PASSED AND ADOPTED THIS 26th DAY OF July ,
1990.
4A XAVIE�t
MA Y HIRAI
CITY CLERK
BUDGETARY REVIEW AND APPROVAL BY:
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MAN S. SURANA, DIRECTOR
Mt
TMENT OF BUDGET
PREPARED AND APPROVED BY:
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ALBERTINE B — SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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THIS AGREEMENT is entered into this day of
19000 by and between the CITY OP MIAMI a *unit
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ipil corporation of the State of ylorida, hereinafter referred to.
as the "CITY"; and Positive 'Thought Enterprises, Inc
hereinafter referred to as the "PROVIDER";
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WHEREAS, the CITY and the PROVIDER enter into this Profes-
sional Services Agreement, herein after referred - to - as the
"AGREEMENT" with the the knowledge and spirit of full cooperation
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:
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. Conduct, two (2) two day seminars for executive staff
andtrainers, objectives are:
a. To use the personal profile instrument to assist
participants in better understanding their natural
behavior style and how that style influences their
actions in management, job assignment, and
interpersonal communications.
b. To train trainers to provide training for
DEPARTMENT managers/supervisions.
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2. Each .seminar shall have a- maximum of twenty. (20) Mr
participants. µ
3. The PROVIDER shall be the designer and facilitator for
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each seminar.
ARTICLE It
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COMPENSATION
CITY shall pay the PROVIDER, a naxdmum. compensation; for #te
services ray uired q pursuant to .article I hereof.,.. nine th9asaa4
four hundred dollars (9,400.00). Payment shall be made within
thirty (30) days after the compl•etioa of the semAnxra, and roos pt. fit
of the invoice from the PROVIDER.
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The A0129KINT shall cosmetics immediately after it is signed
f; by. the City Manager and shall tarminoto immediately upon ?�=
completion of these aemindra, on July 30, 1990.
ARTICLE iV
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CITY retains the right, upon twelve (12) days written nog-
Lice, to PROVIDER, to terminate the 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
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termination of the AGREEMENT shall be in writing to PROVIDER,
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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 the AGREEMENT._
It is hereby understood by and between CITY and PROVIDER
that any p&yment made in accordance with this Section to PROVIDER
shall be made only if said PROVIDER is not in default under the
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terms, of the AGREEMENT. If PROVIDER is in default, the CITY
shall in no way be obligated and shall not pay to PROVIDER any
sum whatsoever.
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ARTICLB V
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INDEPENDENT CONTRACTOR
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The PROVIDER and its employees and agents shall be deemed to
be independent contractors, not agents or employees of the. CITY,
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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
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not be deemed entitled to Florida Worker's Compensation benefits
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as employees of the CITY.
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ARTICLE VI
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COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
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Both perties shall comply with a'll applicable jaws, ardi�
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naaces and codes of Federal, State and Local Governmetite.
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P&OVIAER agrees that it shall not discriminate as to r&ae aa�c,
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color, croed, national origin or handicap In connection with Ito,
performance under the AGREURNT,
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PROVIDER shall abide by OtRdinarn+te X(3 6 10518 , the Hinotity K.
Produreutnt Crdinttice of the City of Mimi and the eonfllet of
futeteet 1909 of the City of Miami (City of Miami Code Chapter 2,
Article V), !lido County f'larlda (Dade County Code Section
and the State of Flotidai and agreed that it will fully coispl.y in
All te*peeta with the terms of said lave.
ARTICLI VII
MONITORING
The PROVIDER agrees to permit the CITY and its authorised
agents to monitor, according to applicable regulations, the
program which is the subject of the AGREEMENT. The CITY shall
give reasonable notice to the PROVIDER before monitoring.
ARTICLE VIII
OWNERSHIP OF DOCUMENTATION
All documents developed by PROVIDER under the AGREEMENT
shall be delivered to CITY by said PROVIDER upon completion of
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
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 Y'
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by CITY to PROVIDER
pursuant to the 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.
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ARTICLE IZ
NONDELEGABILITY
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That the obligations undertaken b PROVIDERS J3 y pursuant I to the
AGREEMENT shall not be delegated or assigned to any other person
or firm unless the CITY shall first consent in writing to the,;
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performance or assignment of such__service or any part thereof b.y k� y-
another person.or firm.
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10VtbtK warrant that they have not employed or retained any
person employed by the CITY to solicit or secure the AGREEMENT
and that they have not offered to pay, paid, or agreed to pay any
persoa tapl+oyed by -the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting'.'
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from the award of the AGREEMENT.
ARTICLE XI
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 the
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.
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B. INSURANCE
The DEPARTMENT has expertise in the area of Law Enforcement
Training. The PROVIDER has over ten years experience in various
positions: ARMAC -Management Consulting; IBM Corporate
Executive; Conducted seminars and a Consultant for the following
departments within the City of Miami, Building and Zoning, Solid
Waste, and Computers; and Conducts Management Seminars.
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It is requested that the PROVIDER be exempt from the
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regularly required insurance. The Training Unit of the
DEPARTMENT will accept responsibility of monitoring all
activities as it relates to the PROVIDER'S involvement with
providing training.
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ARTICLE %Ix'
CONTINGENCY CLAUSE
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Funding for the AGREEMENT is contingent on the availability
of funds and continued authorization for program activities`an,d
is subject to amendment or termination due to lack of funds or
authorisation, reduction of fund and/or -change in regulations
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ARTICLE RIII 'fl,
DEFAULT PROVISION
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In the event that PROVIDER shall fail to comply with oean
and every term and condition of the AGREEMENT or fails to pslc*��
form any of the terms and conditions contained herein, than CIT,�
at its sole option, upon written notice to PROVIDIR Ray cancel
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xs tt t0-r1kinata the AORSIMINt and ail paynenta, advatteeg of $th��` 2
: edispnneation paid to P10MI 'by CtTT while PAOV16ft *A* ;ia s
default of thi provisions' hetein contained, shell be f6rthVith
retdfftod td the dll`T.
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�ON`gT�tt��TtC��fi. �� : AG�iLEIK�N
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The AGREEMENT shrill be construed and enforced according >_
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the lawn of the State of Florida. ,
ARTICLE XV
SUCC8S§ORS AND ASSIGNS i
The AGREEMENT shall be binding upon the parties hereIa,
their heirs, executors, legal representative, successors, and
assigns.
ARTICLE XVI
NON-DISCRIMINATION
.PROVIDER agrees that he shall not discriminate as to race,
sex, color, creed, national origin or handicap in connection with
their performance under the AGREEMENT.
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ARTICLE XVII
AGREEMENTS
No amendments to the AGREEMENT shall be binding on either
party unless in writing and signed by the parties.
ARTICLE XVIII
`Y
=' ENTIRE AGREEMENT
This instrument and its attachments constitute the sole 'and
Daly ,agreement of the parties hereto relating to- said grant,, -And
correctly set forth the rights, duties and obligations of oaeh,to µ
the other as of its date. Any prior agreements, promisxes,
negotiations or representatives not expressly set forth in the ;{
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AGREEMENT are of no force or effect.
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-- ARTICLE ZIx *N F
NOTICES
- GENERAL CONDITIONS WO
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A. General conditions or other communications which shall
may be given pursuant to the AGREEMENT shallbeto Wri.t#.ag �
and shall be delivered by personal service or by rogistetx�ad
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mail eddrateed to the other party it the address Ind stated
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hatein at as the game tiay be changed from tilia to tide.
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Such notice shall be deemed given on the day on whteh
pationally setvad; or if by %sil, on the fifth day after
baieig posted or the date of actual receipt whichever" is
C.tTY OF MIAMI p0§iT.IV9 EXTUMtSY�i.
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_TROtl011T r-Ii�4j
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500 Pan American Drive 1033 Peachtree Street 'NOR,,
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Suite #89
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Miami, Florida 33133 Atlanta, Georgia 30309
COPY TOt Chief of Police
400 N.W 2nd Avenue
Miami, Florida 33101_
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Title and paragraph headings are for convenient reference
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and are not a part of the AGREEMENT.
C.
In the event of conflict between the terms of the AGREEMENT
and any terms or conditions contained in any attached docu-
meats,�the terms in the AGREEMENT shall rule.
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Should any provisions, paragraphs, sentences, words or
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-ahrases
contained, in the AGREEMENT be determined by a court
of competent jurisdiction to be invalid, illegal or
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otherwise unenforceable under the laws of the.. State of
Florida or the City of Miami, such provisions, paragraphs'
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sentences, words or phrases shall be deemed modified to the
extentnecessary in order to conform with such lases or- if.
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not modifiable to conform with such laws, then same shall be
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deemed severable and in either event, the remaining terse
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and provisions of the AGREEMENT shall remain unmodified and
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in full force and effect.'
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IN WITNESS WHEREOF, the parties hereto have caused y "tfiis
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instrument to be executed by the persons thereto legalt'►
authorized, this the day and year first above written,
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PRESTO NT w
ORPARATE SECRETARY
CITY 0r MIAMI, A 14Ct�ICI�I�3. u
CORPORATION OF THE STATE
or VtORIiDA
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BY
ATTEST: CITY MANAGER `F4
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CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS: AFFRUVIS IRAD
A1TSIV ts.�vww+
CORpoRATE ABSOLUTION
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Board of Trustees of Positive Thought
WHEREAS, the
Inc.,- has examined terms, conditions and obligations,
Enterprises,
of the proposed contract with the City df Miasi for: -
The Miami Police Department.
of Trustees at a duly held corporate -:
WaEEEAS, the Board ri
the matter in accordance with the byhax#
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meeting have considered
of the corporation.
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NOW, TEEREMI EE tt WOLVAD EY THE ECAkb OF btEUT018 or
;. p itiril'a. - Th u!rht.EttCeft, ,t, �r_ tnc,. that the Pegaidont a td
Secretary are hereby aathoriaod and instructed to enter into a
cbtitract in the name of, and on behalf of this coYporation, vith
the City of Miami for The Miami_pollee Department in accordant
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with the contract documents furnished by the City of Miami and {
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for the rice and upon the terms of
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P P Payments contained in the ; "a
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proposed contract submitted by the City of Miami.
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IN WITNESS WHEREOF, this day of
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CHAIRMAN, BOARD OF j
TRUSTEES/PRESIDENT
(SEAL)
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'CDRPORATE SECRETARY
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INTER -OFFICE MEMORANDUM
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�s DATE : •,� Y 3 0
to : The Honorable Mayor and Membe up
of the City Commission SUWFCT : Resolution Authoriair�9 a
Professional Services Agreemerxr,
REERENCES
Cesar H. Odi
-ROM City Manager
ENCLOSURES:
1 reco�manended that a Resolution authorizing the Y
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It is'`resp's to enter into a Professional Services Agreement with
Thou ht �nterpriaes,.:at a'coceed $9400,'be
City Manager st not to ex
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Positive g
approved. _
Miami Police Department is continuously training
its staff
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The
more effective managers. Poeitivhe Per$onalnP=ilegSyst r
t°' be seminar introducing t
conduct a two day designed to enhance the.
to`r the poi`ice' department. This saff system: it o nel The areas which
communications capabilities of �° command a�
Quid exhibit ii�mfkdiate improvement a aid investigations and ,
sh community relations, 1
assignments? 8eminar will be conducted the .
interrogations. A,eecond two day
department selected trainers in administering
instruct depar r,
program.
It is,'.therefore, r
ecommended that ` the Resolution authoria#.nQ: ahey_
City Manager
to enter into a Professional Sarvi funds therefor with
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Positive Thought Enterprises, and allocat=wiled from the Law Tr
the amount of $9.400
funding to be P
Enforcement
Training Trust Fund, Pro j+eGt No. 13600 Index Code
T:R
29050-2701 be approved.
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