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HomeMy WebLinkAboutR-85-0264J-84-1143 E A RESOLUTION NO. 85-264 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREE- MENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH VALLE AXELBERD AND ASSOCIATES, INC. FOR THE PURPOSE OF PROVIDING PSYCHOLOGICAL SERVICES DURING FISCAL YEAR 1985 TO MEMBERS OF THE MIAMI POLICE DEPARTMENT, WITH THE COST OF SAID CONTRACT NOT TO EXCEED $36,000 WITH FUNDS THEREFOR ALLOCATED FROM THE 1984-85 BUDGETED POLICE FUNDS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a professional service agreement, in a form acceptable to the City Attorney, with Valle Axelberd and Associates, Inc. for the purpose of providing psychological services during Fiscal Year 1985 to members of the Miami Police Department, — with the cost of said contract not to exceed $36,000 with funds therefor hereby i allocated from the 1984-85 budgeted police funds. PASSED AND ADOPTED this 21st day of March , 1985. `k Maurice A. Ferre MAURICE A. FERRE, M A Y O R ATTEST: RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: /e04..0t ✓•&X DEPUTY CITY -ATTORNEY "ED;� I CITY COMMISSION APPRTO ORM AND CORRECTNESS: MEETING OF MAR 21 1985 110il ho. 85-264 CITY ATTORNEY IREMARKs. 1 } CITY OF MIAMI. FLORIDA 29 INTER -OFFICE MEMORANDUM TO: Randolph B. Rosencrantz DATE: MAR 7 iSSS FILE: TNG 8-4 City Manager SUBJECT: Psychological Services Contract FROM: Clarence Dicksoh REFERENCES: Ch%ef of Polices ENCLOSURES: t t- f It is requested that the City Manager execute a contract between the City of Miami and Valle/Axelberd and Associates, Inc. for the purpose of conducting psychological services during 1985 for members of the Miami Police Department. The cost for these professional services will not exceed $36,000 with funds allocated from the 1984-85 Police Budget. Attached is a contract for psychological services to be provided during this calendar year by Valle/Axelberd and Associates Inc. Drs. Axelberd and Valle have been providing various professional and instructional services, including the Stress Class and Crisis Intervention Program to our department for more than eight years. They are familiar to and trusted by our officers and have helped to ease many of our employees through difficult periods that probably would have resulted in their being terminated had help not been available. These services have included and will include post traumatic shooting counseling, individual, family and group counseling, twenty-four hour crisis service, short term counseling to help officers cope with difficult situations, consultation in the development of new training programs, and psychological assessment of law enforcement personnel upon special request. A complete listing of services to be provided can be found in article I. The funding this year will be coming from the Police Department's budgeted fund. Attached is a resolution that has been prepared for submission to the City of Miami Commission upon your approval of this contract. CD:gg 85-264 AGREEMENT This AGREEMENT entered into this day of , 198 , by and between the "City of Miami a municipal corporation of the State of Florida hereinafter referred to as the "CITY", and VALLE, AXELBERD AND ASSOCIATES, INC., a Florida Corporation, hereinafter referred to as the "PROVIDER"; WHEREAS, the DEPARTMENT is desirous of obtaining Psychological services as described in Article III from the PROVIDER and the PROVIDER is desirous of furnishing such services; NOW, THEREFORE, in consideration of the premises, and 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 PROFESSIONAL SERVICES (1) The PROVIDER shall implement the following Professional Services to the City of Miami Police Department; hereinafter referred to as the Department: (a) Individual counseling, family and group counseling, a twenty-four hour crisis — service, (Post Traumatic Shooting), and consultation to staff personnel. Provision of short-term individual counseling for departmental personnel when necessary. Examples of the usefulness of this counseling include helping officers cope with often difficult events, i.e., post -traumatic shooting syndrome, divorce, death of a family member, etc. F (b) Assist in the on -going development of supervisory and management training programs. (c) Provision of short-term Advance Stress Counseling of selected Departmental personnel and arrangement for long-term referral when appropriate. (d) Other general consultation activities where psychological input may be required or relevant. (e) All services to be provided with confidentiality as provided by law. (2) The PROVIDER agrees to maintain the following Consulting Resources: To utilize and have as resources the availability of its staff which shall consist of professionals from the different ethnic and racial minorities found in the Miami WHEN RETUltNI G FOR FUI?THER REVIEW, PLEASE WEN"C1FY AS 85-264 Community. Specialists in the fields of psychology, psychiatry, psych odiagnostics, ' nutrition and exercise psychology are available to provide expertise for particular consultations. All the PROVIDER'S staff are very familiar with police work and have experience in law enforcement. Consultation services will be provided by Dr. Mark Axelberd and Dr. Jose Valle. ARTICLE H TIME OF PERFORMANCE "This Agreement shall commence on January 1, 1985 and shall terminate on September 30, 1985. 1 ARTICLE III COMPENSATION (1) Budget The CITY shall pay the PROVIDER as maximum compensation for the services required pursuant to Article I hereof, $36,000. (2) Compensation shall be paid based upon the rate of $60.00 per hour for consultation services actually provided. The PROVIDER is responsible for maintaining a log and submission of appropriate invoices to the Director of the Training Unit for monthly activities. (3) Method of Payment Payment will be made on a monthly basis for actual services provided. Payment shall be made by the DEPARTMENT upon proper presentation of invoices approved by the Chief of Police or his designee. Requests for payment shall be submitted by written invoice documenting time spent. Payments to the PROVIDER will be made within 30 days following the monthly period for which the invoices were submitted to the DEPARTMENT. ARTICLE IV TERMINATION OF CONTRACT CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph I, hereof without penalty to CITY. In that event, notice of termination ' of this Agreement shall be in 85-264 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, then CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever ARTICLE V INDEPENDENT CONTRACTOR PROVIDER and its employees and agents shall be deemed to be independent contractor, and not agents or employees of CITY, and shall not attain any rights or { benefits under the Civil Service or Pension Ordinance of CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of CITY. ARTICLE VI CONFLICT OF INTEREST The 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, in this Agreement. The 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 the PROVIDER or its employees, must be disclosed in writing to the CITY. The PROVIDER, in the performance of this Agreement, shall be subject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. The PROVIDER is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11.1) and the Florida Statutes, and agree that they will fully comply in all respects with the terms of said laws. 85-2s4 Npr ARTICUE VII INDEMNIFICATION 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 activities under this contract, including all other acts or omissions to act of CITY, its officers or employees, and from and against any orders, judgments or decrees which may be t entered and from and against all costs and attorney's fees, expenses and liabilities incurred in the defense of any such claims, or the investigation thereof. ARTICLE VIII INSURANCE The PROVIDER shall provide professional liability insurance with a combined. single limit of at least $1,000,000 (one million dollars). A certificate of insurance shall be submitted to the City of Miami, Risk Management Division, prior to execution of this agreement. The CITY shall be named as an "Additional Insured" on such policy and a "Certificate of Insurance" shall be supplied as evidence of such coverage. ARTICLE DC 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 resulting from the award of this Agreement. ARTICLE X NON-DELEGABILITY 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 XI CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. 85~264 A A ARTICLE XH SUCCESSORS AND ASSIGNS This agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE XHI 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 XIV 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 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. For the City of Miami: City Manager, City of Miami 3500 Pan American Drive, Miami, Florida, 33133 For Valle and Axelberd and Associates, Inc.: Jose Valle 115 Madeira Avenue, Coral Gables, Florida Informational copies shall be provided to: Clarence Dickson, Chief of Police Miami Police Department 400 N.W. 2nd Avenue, Miami, Florida 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 85 -2f 4 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 1 shall be effective unless made in writing. ARTICLE XV COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinances and codes of Federal, State, and Local Governments. ARTICLE XVI NONDISCRIMINATION PROVIDER agrees that it shall not discriminate as to race, sex, color, creed, or national origin in connection with its performance under this Agreement. ARTICLE XVII MINORITY PROCUREMENT COMPLIANCE PROVIDER acknowledges that it has been furnished a copy of Ordinance No. 9775, 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 XVM 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. ARTICLE XIX DEFAULT PROVISION In the event that the PROVIDER shall fall to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions 85---264, I 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. ARTICLE XX 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 t' executed by the respective officials thereunto duly authorized, this day and year first' above written. Attest: VALLE-AXELBERD AND ASSOCIATES, INC. By: t C fporate Secretary President AL CITY OF MIAMI, a Municipal Corporation of the State of Florida Attest: City Clerk APPROVED: CLARENCE DICKSON CHIEF OF POLICE APPROVEIYAS . FORM AND C07�ECTNESS: APPROVED AS TO INSURANCE REQUIREMENTS: 1�11"e DIVISION OF RISIq MANAGEMENT By: City Manager 85--2s4 CORPORATE RESOLUTION WHEREAS, the Board of Directors of Valle-Axelberd and Associates has examined terms, conditions, and obligations of the proposed contract with the City of Miami for Psychological Services; 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 Valle-Axelberd and Associates, 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 of Miami for, Psychological Services 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 Sp day of �y,t�ttc� , 1984. i CHAIRMAN, BOARD OF DIRECTORS qZ j OJA , (SEAL) CORPORATE SECRETARY ss-264�