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HomeMy WebLinkAboutR-88-0907ear J-88-812 8/23/98 RESOLUTION NO. 88-W- 7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH FLORIDA MEMORIAL COLLEGE TO PROVIDE HUMAN RELATIONS TRAINING FOR THE CITY OF MIAMI POLICE DEPARTMENT. FOR THE PERIOD OF JANUARY 1, 1988 TO DECEMBER 31, 1988, WITH FUNDS, THEREFOR, ALLOCATED IN AN AMOUNT NOT TO EXCEED $150,000 FROM THE LAW ENFORCEMENT TRAINING TRUST FUND. WHEREAS, a need exists to provlde,Human Relations Training; and WHEREAS, Resolution No. 84-308, adopted March 8, 1954, authorized the City Manager to enter Into negotiations with Florida Memorial College to provide Human Relations Training; and WHEREAS, Resolution No. 84-730, adopted June 28, 1984, authorized the City Manager to execute a Professional Services Agreement with Florida Memorial College to provide Human Relations Training for the period ending March 1985; and WHEREAS,, Resolution No. 85-966, adopted September 12, 1985, ratified. approved and confirmed the action of the City Manager In executing a Professional Services Agreement with Florida Memorial College to provide Hunan Relations Training for the period ending September 30, 1985; and WHEREAS, Resolution No. 85-1155, authorized the City Manager to execute a Professional Services Agreement with Florida Memorial College to provide Human Relations Training for the City of Miaml Police Department and this resolution was passed and adopted November 26, 1985, for the period ending September 30, 1988; and WHEREAS, Resolution No. 67-35 authorized the City Manager to execute a Professional Services Agreement with Florida Memorial College to provide Human Relations Training for the City of Miami Pollee Department and this resolution was passed and adopted January 8, 1987, for the period ending September 30, 1987; and WHEREAS, Florida Memorial College has agreed to the terms and conditions of the herein proposed agreement which essentially constitutes a renewal of the original agreement In which Florida Memorial College contracted to provide training activities consisting of four (4) eighty (80) hour pre -academy orientation sessions for approximately one hundred and ten (110) police recruits, twenty (20) sixteen (16) hour bilingual training sessions for approximately three hundred (300) non-spanlsh speaking sworn officers, four (4) forty (40) hour state certified Human Relations Training sessions for one hundred (100) sworn personnel, four (4) forty (40) hour Skill Enhancement Training sessions for eighty (80) departmental personnel and four (4) twenty (20) hour Advanced Skill Enhancement Workshops for fifty (60) sworn personnel of the rank of lieutenant or above; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA: Section 1. The City Manager Is hereby authorized to execute a Professional Services Agreement In a form acceptable to the City Attorney with Florida Memorial College to provide Human Relations Training to the City of Miami Police Department for the period of October 1, 1987 through September 30, 1988, with funds, therefor, hereby allocated In an amount not to exceed $150,000 from the Law Enforcement Training Trust Fund. PASSED AND ADOPTED this 6th ATT T MA HIRAI CITY CLERK PREPARED AND APPROVED BY: /idt:�j a, ROffRT F. CLARK CHIEF DEPUTY CITY ATTORNEY of October W_ -_ AVIER . SUAR Z, 1988. �rvx tYA �- i. -2w APPROVED As TO FORM AND CORRECTNESS: A — - - . f JORGj JL. MR NA ATTORNENA FINANACE REVIEW & APPROVED BY: CA RCIA, DIRECT DEPAR NT OF FINANCE BUDGETARY REVIEW 6 APPROVED BY: AMANRONMAR S. S A, DIRECTOR DEPARTMENT OF UDGET Y �.. J4' i V i L ,Y! c�e� f r Oft „w 7L'k;'C�Fit !� �•,�a ,•-� 7�`i•` ra 1 rY f tI 4f n�.�"1} -ri r ^�!4�` a. `�cs � '� � z: �` �t r,,pF �.qj' � �P�•- Y-i�� :'..'y � 26 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO The Honorable Mayor and Members Of the City Commission FROM , Cesar H . Od i o 6ti� City Manager V RECOMMENDATION: OATEN V `r 1988 SUBJECT Florida Memorial REFERENCE! ENCLOSURES FILE: College It Is recommended that Florida Memorial College be awarded a P•rofesslonal Services Contract to provide Human Relations Training for the City of Miami Police Department with funds, therefor, allocated In an amount not to exceed $150,000 from the Law Enforcement Training Trust Fund. BACKGROUND: On August 8, 1984. the Miami Police Department and Florida Memorial College executed a Professional Services Agreement to provide Police Community Relations Training for departmental personnel. This action was authorized by Resolution No. 84-730, passed and adopted on June 28, 1984. The agreement was subsequently renewed In substantially the same form In 1985 by Resolution No. 85-1155, and in 1986 by Resolution No. - 87-35. There continues to be a need for Human Relations Training within the Miami Police Department. Included with this memorandum Is a resolution to be presented on September 8. 1988 authorizing the City Manager to enter Into the attached proposed Professional Services Agreement which has been negotiated with Florida Memorial College. Funds are available from the Law Enforcement Training Trust Fund and approved by the Police Standard and Training Commission undlr Section 943.25, Florida Statute. x CHO:TJR:cd Attachments: ►roposed Resolution F, 4 P 620MU, URVICU AGREEl1M THIS AGREEMENT is entered into this day of , 1988, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY", and Florida Memorial College, Inc., hereinafter referred to as the "PROVIDER"; RECITAL WHEREAS, the Department is desirous of obtaining Human Relations Training as first_ described in Resolution 83-718 and more fully described in this Agreement; and WHEREAS, authority to enter into such agreement is authorized under Resolution 84-308; and WHEREAS, the CITY and the PROVIDER enter into this Professional Services Agreement with 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 DEFINITIONS: (A) "CITY" means the City of Miami, Inc., 3500 Pan American Drive. (B) "PROVIDER" means Florida Memorial College Inc., 15800 N.W. 42nd Avenue, Miami, Florida 33054. (C) "DEPARTMENT" means the City of Miami Police Department. ARTICLE II SCOPE OF SERVICE The Scope of Services is incorporated as part of this Agreement and is attached hereto as Exhibit I. ARTICLE III A. COMPENSATION 1. CITY shall pay the PROVIDER, as maximum compensation for the services required pursuant to Article II hereof, $150,000.00. Z. CITY shall have the right to review and audit the tia records and related records of PROVIDER pertaining to any payments by the CITY. -I- no 1� r • OPaft Alf At B. METHOD OF PAYMENT Periodic payments shall be made to the PROVIDER until the maximum contract compensation has been paid. Payment will be made according to the following schedule and upon timely receipt of proper invoices and reports. 1. Within thirty (30) days after execution of this agreement an advance payment of $50,000.00 shall be paid to PROVIDER. Thereafter, quarterly payments will be made after completion of the services for which the initial payment is being advanced, PROVIDER shall submit an invoice and a status report indicating that such services have been completed. 2. The first quarterly payment of $25,000 will be paid March, 1988 upon receipt of quarterly report and invoice. 3. The second quarterly payment. of $25,000 will be paid June, 1988 upon receipt of quarterly report and invoice. 4. The third quarterly payment of $25,000 will be paid September 1988 upon receipt of quarterly report and invoice. 5. The fourth quarterly payment of $25,000 will be paid upon receipt of the annual report. ARTICLE IV A. TERMS This Agreement shall commence upon execution by the City Manager and shall terminate one year thereafter. ARTICLE V TERMINATION CITY retains the right, upon thirty (30) days written notice, t.o terminate this Agreement at any time prior to the completion 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. -2- 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, the CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. ARTICLE VI INDEPENDENT CONTRACTOR That the PROVIDER and its employees and agents shall be 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 Worker's Compensation benefits as employees of the CITY. ARTICLE VII COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAW'S Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. ARTICLE VIII A. NONDISCRIMINATION 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. B. MINORITY PROCUREMENT COMPLIANCE PROVIDER acknowledges that it has been furnished a copy of Ordinance No. 10062, the Minority Procurement_ Ordinance of the CITY of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. ARTICLE IX WMITORING The PROVIDER agrees to permit. the CITY and authorised agents to monitor, according to applicable regulations, the progran which is the subject of this Agreement. The CITY shall give reasonable notice to the PROVIDER before monitoring. a ARTICLR X FINANCIAL RECORDS The PROVIDER shall keep accounting records which conform with generally accepted accounting principles which shall include, but not be limited to, a cash receipt journal, cash disbursement journal, general ledger and all such subsidiary ledgers as determined necessary by the CITY. All such records shall be retained by the PROVIDER for no less than three (3) years beyond the term of this Agreement. ARTICLE XI FINANCIAL AUDIT The PROVIDER shall furnish to the CITY copies of the annual certified Public Accountant's opinion and the related financial statements within thirty (30) days of issuance thereof. If such Public Accountant's audit is not performed and the PROVIDER does not elect to do so of its own volition, then the PROVIDER shall furnish to the CITY copies of the unaudited financial statements within thirty (30) days of the close of the PROVIDER's fiscal year. ARTICLE XII ACCESS TO RECORDS The PROVIDER shall allow access during normal business hours *.o all records, forms, files and documents, both financial and non -financial, generated in performance of this Agreement to authorized Federal, State, County or CITY representatives, and agrees to provide such assistance as may be necessary to facilitate a financial or program audit by any of these representatives when deemed necessary to insure compliance with applicable CITY financial or program standards. ARTICLE XIII AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. ARTICLE XIV PERFORMANCE REVIEW The CITY may conduct a formal quarterly review of the PROVIDER's compliance with the terms of this Agreement. A report of its findings will be made available to the PROVIDER within thirty (30) days of the completion of said review. -4- s ANUMB XV SEVLRABILITY OF PROVISIONS If any provision of *_his Agreement remainder of this Agreement shall not be such remainder would then continue to con requirements of applicable laws. ARTICLR XVI OWNERSHIP OF DOCUMENTATION is held invalid, the affected thereby, if `orm to the terms and 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 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 XVII CONFLICT OF INTEREST A. PROVIDER 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. PROVIDER 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 PROVIDER or its employees, must be discussed in writing to CITY. B. PROVIDER is aware of the conflict of interest laws of the 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 agree* that it will fully comply in all respects with the torso of said laws. -5- ARTICLB XV1II A. INDUNIFICATION 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. B. INSURANCE The PROVIDER shall maintain, during the term of this Agreement, the insurance specified below and a certificate of insurance in evidence of compliance shall be filed with the City of Miami Risk Management Division, 65 S.W. 1st Street, Miami, Florida 33233-0708, prior to execution of this Agreement. This shall include: a. Automobile Insurance coverage for all owned and non - owned vehicle used in performance of services define in this contract, coverage with at least a combined single limit of $300,000 per occurrence for bodily injury and property damage liability. ARTICLE XIX AWARD OF AGREEMENT PROVIDER 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 the CITY any fee, commission percentage, brokerage fee or gift_ of any kind contingent upon or resulting from the award of this Agreement.. -6- 's4 O n �r VON-DELEGABILITY That the obligations undertaken by the PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to the performance or assignment_ of such services or any part thereof by another person or firm. ARTICLE XXI CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. ARTICLE XXII SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors and assigns. ARTICLE XXIII AUDIT RIGHTS The CITY reserves the right to audit the records of the PROVIDER at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. ARTICLE XXIV 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 fund and/or change in regulations. ARTICLE XXV DEFAULT PROVISION In the event that PROVIDER 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 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 the CITY. Y O%f Ir AMICLS XXYI 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 representatives not expressly set forth in this agreement are of no force or effect. ARTICLE X3MII NOTICES GENERAL CONDITIONS A. General conditions 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 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 FLORIDA MEMORIAL COLLEGE 3500 Pan American Drive 15800 N.W. 42nd Wv-enue Miami, Florida 33133 Miami, Florida 33054 COPY TO: Chief of Police 400 N.W 2nd Avenue Miami, Florida 33101 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. -4 W s N ME D. go 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 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. A'TTRST. PROVIDER, FLORIDA MEMORIAL COLLEGE, INC. BY s C. ., PRU IDEW CITY OF MIAMI, A M NICIPAL CORPORATION OF THE STATE OF FLORIDA ATTSM BY: CIO" E. ODIC APPrAnot APPROVED AS TO FORK AND CORRECTKUSt APPROVED AS TO INSURANCE REQUIREMENTS: MANAGEME T xa`�s' k. �,< E� a �.'2' yit T7i M�x,xrt'' d.:�,Ta�Y4 Yr3'�ra,�,✓ ��4�'+ IN, WHEREAS, the Board of Trustees of Florida Memorial College, Inc. has examined terms, conditions and obligations of the i proposed contract with the City of Miami for: The Miami Police Department;_ WHEREAS, the Board of Trustees at a duly held corporate i meeting have considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTOR OF The Florida Memorial College Inc., that the Presiaent ana Secretary are hereby authorized and instructed to enter into a contract in the name of, and on behalf of this corporation, with the City of Miami for The Miami Police Department in accordance with the contract documents furnished by the City of Miami and for the price and upon the terms of payments contained in the proposed contract submitted by the City of Miami. IN WITNESS WHEREOF, this day of 1988. CHAIRMAN, BOARD OF TRUSTEES/ PRESIDENT ' O- 54 Willie C. Robinson, President (SEAL) SOOFE or SZKVICXB Beope of Services to be Performed by Florida Memorial College for the City of Miami Florida Memorial College hereby agrees to provide training to the City of Miami Police Department. The training will be designed to enhance the skills and knowledge of department personnel in the areas of Communications, Writing and Management. I. Training Activities A. To conduct four (4) eighty (80) hour pre -academy orientation sessions for approximately one hundred and ten (110) police recruits. Areas to be covered in each session are: Basic English, Mathematics, Behavioral/ Social Science, Management, and Ethics. Upon successful completion of each session, recruits will qualify for five academic credit hours in General Studies at Florida Memorial College. B. To conduct twenty (20) sixteen (16) hour Bilingual training sessions for approximately three hundred (300) non -Spanish speaking sworn officers. The emphasis of each session will be Conversational Spanish as it relate to the day to day needs of the police officer. Each officer will be given a handbook of key phrases and words at the conclusion of each session. C. To conduct four (4) forty (40) hour state certified Human Relations Training sessions for one hundred (100) sworn personnel. i e M�g .y�0. s.1'Cc �Iu D. To conduct four (4) forty (40) hour Skill Enhancement training sessions for 80 Departmental personnel. The training sessions will be designed to re -familiarize departmental personnel with Basic English, Grammar, Professionalism Ethics and Human Behavioral. Upon successful completion of each session, participants will qualify for three academic credit hours in General Studies at Florida Memorial College. E. To conduct four (4) twenty (20) hour Advanced Skill Enhancement workshops for fifty (6) sworn personnel of the rank of Lieutenant or above. Emphasis for the workshop will be in the areas of Police Administration, Supervision, Behavior/Social Sciences, Constitutional and State Laws, Ethics and operational Strategic Planning. II. REPORTS A. Florida Memorial College will provide the Departmentae Training Unit with Quarterly Progress Reports. B. A Final Progress Report will be submitted within six (6) weeks after the termination of the contract. The report will be submitted to the Chief of Police of the City of Miami Police Department. III. ,It will be the sole respaAsibility of the Department to provide participants for the trainig deeerib" *- l a ; A �