HomeMy WebLinkAboutR-84-0730J-84-581
6/21/84
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RESOLUTION NO. € 4,730
A RESOLUTION AUTHORT7.1NG THE CITY MANAGER
TO EXECUTE A PROFESST0NA4_ SERVICES
AGREEMENT, IN A FORM ACC1-PTAn1-E TO THE
CITY ATTORNEY, NETT!' FLORIDA MEMORIAL
COLLEGE TO PR0VTDF HUMAN RELATIONS
TRAINTNG FOR THE CITY OF HTAMI POLICE
DEPARTMENT WITH FUNDS THEREFOR ALLOCATED
IN AN AMOUNT NOT TO EXCEED $73,000 FROM
QE!L)r_.t_TF0 POLICE
FISCAL YEAK iyti;_�,,� _
DEPARTMENT FUNDS.
WHEREAS, a need exists to provide Human Relations
Training; and
WHEREAS, Resolution No. 84-308, adopted March 8, 1984,
authorized the City Manager to enter into negotiations with
Florida Memorial College to provide Human Relations Training;
and
WHEREAS, Resolution No.84-308 contained a provision that
the negotiated contract be presented to the City Commission
prior to execution; and
WHEREAS, Florida Memorial College has agreed to the
terms and conditions of the herein proposed agreement;
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 with funds therefor hereby allocated
in an amount not to exceed $73,000 from Fiscal Year 1983-84
budgeted Police Department Funds.
PASSED AND ADOPTED this 28tti day of June , 1984.
Maurice A. Ferre
ATTEST:
CITY COMMISSIO-1
MEETING or
JUN '-�18 t�==
f
PREPARED AND APPROVED BY:
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474-7.
DEPUTY CITY ATTORNEY
PpAr,"r-1-1
AP VL-t, AS TO FnRM AND CORRECTNESS:
A
Air
AITY ATTORNEY
84 .. 730
JA
CITY OF MIAMI, FLORIDA
tNTER-OFFICE MEMORANDUM
To: Howard V. Gary
DATE: riLE: CFINj�_
City 4lanager
SUBJECT: Florida Memorial College
Professional Service Contract
FROM: REFERENCES:
Herbert Breslow
Chief of Police
ENCLOSURES:
It is recommended that Florida Memorial
-- College be awarded a professional services
_ contract to provide Human Relations Training
for the City of Miami Police Department.
Background
Concurrent with the authorization to execute the contract with September and
Associates for the stress training simulator, the City Commission directed that
psychological -stress training and overall consultant services be provided for all
sworn personnel of the Miami Police Department. ti
As authorized by Resolution No. 83-718, requests for proposals to acquire
consultant services in the specific areas of psychological stress management,
human relations training and overall consultant services were received and
evaluated by the Department.
Resolution NO. 84-308 authorized contract negotiations with Florida Memorial
College to provide Human Relations Training for the City of Miami Police
Department.
V
Included with this memorandum is a resolution to be presented to the City
Commission authorizing the City Manager to enter into the attached proposed
professional services contract which has been negotiated with Florida Memorial
College.
HB:ls
RECEIVED .
n 1984
MAMI POLICE DEPARTMENT
Operations Support Section
•4
SERVTC:ES A(-yRT'.F5TF1'JT
THIS AGPi-7j"lFNT f)irrr� d into thi clay of , 1984, by and
between the CITY CIF MT,1.9T ri_znit nai corporation of the State of Florida, hereinafter
referred to as the "CITY!, and V Ioricla Mcmoria_l College, 15,800 Northwest 42 Avenue,
Miami, Florida 33054, hcreina. ftcr referred to as "PROVIDER";
WHEREAS, the Department is desirous of obtaining Human Relations Training as
first described in Resolution 33.-71 ° and more fully described in Article III; and
WHEREAS, authority to enter into such a contract is authorized under Resolution
84_308.
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 LN
DEFINITIONS, PURPOSE
A. (1) "CITY" means the City of Miami.
(2) "PROVIDER" means Florida Memorial College, 15800 N.W. 42nd Avenue,'
Miami, Florida 33054. •y
(3) "DEPARTMENT" means The City of Miami Police Department.
ARTICLE II
SERVICE DELIVERY/WORK PROGRAM
The Service Delivery/Work Program and Line Item Budget is incorporated as part
of this Agreement.
The PROVIDER will implement this Service Delivery/Work Program as prescribed
in the Article III in a manner deemed satisfactory to the Department. No Service
Delivery/Work Program revision, or amendment thereof as may hereafter be prepared,
shall be effective until approved in writing by the Department.
ARTICLE 111 ,
84- 73
a
Periodic p yr-ficnis hall l)c made to the PROVII3"T' u-ztil the !r xiur~ ,ntract
compensation leas 10ora pain. Full payment will be made according to the following
schedule and upon tirncly rec^ipt of proper invoices and reports.
Within thirty (30) days after approval of this agreement by the City Commissioner
An intial payment of $25,000 to conduct preliminary research, establish the program and
train 75 participants.
Subsequent payments of $25,000 to train additional 75 participants with invoices
submitted and $23,000 to train 69 more participants.
C.
— "This Agreement shall commence on , 1984 and shall terminate on
successful training of 220 personnel. Services will be rendered by PROVIDER are not to
exceed $73,000 for the term of said contract." This contract is renegotiable total for a of
three (3) years.
D. PROFESSIONAL SERVICES
(1) The PROVIDER agrees it shall provide the following Cervices:
1. A multi cultural staff which reflects the ethnic make up of the population
within the City of Miami.
2. Human Relations training curriculum shall reflect the major cultures
within the City of Miami.
3. The CITY will supply the PROVIDER with full time and
part time facilitators to be trained by the PROVIDER.
4. To administer a minimum of one forty (40) hour training course each
month.
S. The training will take place on ,the PROVIDER'S campus or a community
facility approved by the Department.
6. Primary instructors shall meet the certification and accreditation
standards of the State of Florida: usage of instructors that do not meet the
standards shall not exceed 200c of all training hours.
7. Lesson plans for first module shall be submitted within thirty (30) days of
the effective Niate of this agreement. Any modifications shall be submitted
within seven (7) days before implementation.
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8. The Human Relation Training shall incl_: .in', i : r (1) hour of
common courtesy.
9. The CITY make the Officer Survival Training Prc�-rar• -.• lilable to
the PROVIDER.
10. The PROITTnuz :hall,
provide
the
CITY with
standard notarized
waivers
(attached )s exhibits
A &c B)
from
all civilian
participants in the
Human
Relation Training five (5) days prior to each class.
11. The PROVIDER shall coordinate with the Urban Institute of Barry
University and the City, evaluation criterias.
12. The PROVIDER will review current Department organization.
13. The PROVIDER will review current resources for Human Relation Training.
14. The PROVIDER will review current operations.
15. The PROVIDER will identify significant problem area.
16. The PROVIDER shall conduct Management Brief.
'— 17. The PROVIDER shall conduct Program Orientation for Group Seminars.
18. The PROVIDER shall conduct Pre -Brief for small group interactive
sessions.
M The PROVIDER shall submit interim report of group training (monthly).
20. The PROVIDER shall coordinate the Service Delivery/Work Program'
ti
ar4:v:,sies as described in Article III with the Urban Studies Institute Inc. of i
Barry University.
E. BUDGET
The Department will retain the services of the PROVIDER for a total amount not to
exceed $73,000. The PROVIDER shall maintain a log and submit monthly activities reports
to the Commander of the Department's Training Unit. Payments will be made to the
PROVIDER by the Department on a quarterly basis after the receipt of appropriate
reports, as specified in Article III.
ARTICLE IV
OWNERSHIP OF DOCUMENTATION
All writings, video tapes recordings, diagrams, photographs, charts and schedules
developed by the PROVIDER under this agreement, shall be delivered to the Department
upon commencement of the work and shall btcorne the sole property of the Department,
a
without restriction or fill-iitation on their use. PR0V11)l7R aijrres th:, i �11 intFrnal
documents, rt-cords, wid rtport� inaintainE:d and v nernted puC5ilatlt 10 flits contractual
relationship with 11-ie CITY shall be subject to all the provisions of Public Records Law,
Chapter 119, Florida Statutes.
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ARTICLE V
TER'MINA'TION
CITY retains the right terminate this Agreement at any time prior to the completion
of of the service: requircd pursuant to article hereof without penalty to CITY. In that
event, notice of termination Of. this Agreement shall be in writing to PROVTPT'R.. tvho shall
be paid for those services performed prior to the date of his/her receipt of the notice of
terminaiion. 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, the CITY shall in
no way obligated and shall not pay to PROVIDER any sum whatsoever.
ARTICLE VI
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 contract, 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 orders, judgments 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. The City will not waive consequential
damages which arise out of any action not specifically authorized 'within the terms and
conditions of this Agreement.
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 therewith shall be
filed with the Citv of Miami Police Department at 400 N.W. 2nd Avenue, Miami, Florida
33128, within thirty (30) days of the execution of this Agreement. This shall include;
a. Workmen's Compensation Insurance on comprehensive basis, including
Contingent Liability, in amounts not less than $300,000 per occurrence for
bodily injury, arid- $50,0G0 per occurrence for property darnage. The City of
Miami must be shown as an additional insured party with respect to this
coverage.
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b. Automobile 1..iability Insurance covering all oulnerf, non -owned and hired
Vehicles ttsed in connection writh thr, ,fork, in arnotints not less than $1009000
per person and :>3no'000 por orcitrrence for bodily injury, acid S50,000 per
occurrencc for props-rty riamag^.
c. No modification or chingc in i_nrtirance ,hall be made ttrit.hotrt_ thirty (30)
days written advance notice to the City of Miami through the Manager, Risk
Managemr_nt Division. The Public liability Insurance covcragc as required
by City Ordinance(s) shall include those classifications, as listed in Standard
Liability Insurance Manuals, which are applicable to the operations of the
PROVIDER in the performance of this Agreement.
ARTICLE VU
CONFLICT OF INTEREST
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 agrees that he/she will fully comply in all respects
with the terms of said laws.
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ARTICLE VIII
AWARD OF AGREEMENT
PROVIDER warrants that he/she has not employed or retained any person
employed by the CITY to solicit or secure this Agreement and that he/she 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.
ARTICLE IX
NON-DELEGABILITY
The obligations undertaken by the PROVIDER pursuant to this Agreement shall
not be delegated to any other person or firm unless the CITY shall first consent in
writing to the performance of such services or any part thereof by another person or
firm.
ARTICLE X
SUCCESSORS AND ASSIGNS
This agreement shall be binding upon the parties herein, their heirs, executors,
legal representatives, successors, and assigns.
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I.,
AUDIT RIGHTS
AD"t^i P Yi
The CITY reserves the right to audit the records of the. PRO'/IDER ai :;.v time
during the performance of this Agreement and for a period of one year after final
payment is made under this Agreement.
ART'fCLE XII
CONSTRUCTION OF AGREEMENT
The CITY and the PROVIDER enter this professional services contract with the
knowledge and spirit of full cooperation from all personnel.
The parties hereto agree that this Agreement shall be construed and enforced
according to the laws, statutes and case laws.
ARTICLE XIII
PURCHASING do INVENTORY -CAPITAL EQUIPMENT AND REAL PROPERTY
All purchase of Capital equipment and/or non -expendable property by the PROVIDER
pursuant to this Agreement, shall be made in accordance with City of Miami purchasing
procedures including the goals for local and minority participation.
All non expendable property acquired for the project by the PROVIDER with funds
allocated in this agreement shall be considered CITY fixed assets and shall be inventoried
as CITY property.
ARTICLE XIV
OWNERSHIP OF DOCUMENTS
All documents developed by documents, PROVIDER under this Agreement shall be
delivered to CITY by said PROVIDER upon completion of the services required pursuant to
article hereof and shall become the propertyof CITY, without restriction or limitation on
its use. PROVIDER agrees that all documents maintained and generated prusuant 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 furlher understood 1�y : nd between the parties that any information, writings,
maps, contract docuinenis, report; or any other matter whatsoever which is given by CITY
to PROVIDER pursuant to this Agreerent shall at all times remain the property of CITY
and shall not be used by PROVIDED. for any other purposes whatsoever without the written
consent of CITY.
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ARTICLE XV
INDEPENDENT CONTRACTOR
That the rROVInERand its ernploy> ,ef and agents ;:Gall be deern,2d to b:� todependent
contractors, arld net -±gents or r�rnpleyeec of t:hn (71TY, and shalt not attain any rights or
benefit, und•cr thr, Civil 5Arvicc or Tension Ordinances of the CITY, or any ri�,Iits generally
afforded classified or unclassified employes; further he/she shall not be deemed entitled
to Florida Worker's Compensation benefits as an employee of the CITY.
ARTICLE XVI
CIVIL RIGHTS AND AFFIRMATIVE ACTION
A. NONDISCRIMINATION
PROVIDER agrees that he/she shall not discriminate as to race, sex, color, creed, or
national origin in connection with his/her performance under this Agreement.
B. MINORITY PROCUREMENT COMPLIANCE
PROVIDER acknowledges that he/she has been furnished a copy of Ordiance 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
admendments thereto. ,y
ARTICLE XVII
MONITORING
The PROVIDER agrees to permit the CITY and authorized agents to monitor,
according to applicable regulations, the program which is the subject of this Agreement.
The CITY shall give reasonable notice to the PROVIDER before monitoring.
ARTICLE XVM
FINANCIAL RECORDS
11
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.
s
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ARTICLE XIX
FINANCIAL AUDIT
The PROVIDER shall furnish to the CITY copies of the an-d Public
Accountant's opinion and t:hc refit -d f'in ?nci 3l statements within thirty (30) days of
issuance thereof, If such Public Accountant's audit is not pc_rformcd and the PROVIDER
does not elect to do so of its own volition, then the PROVU)ER. shell 'Birnish to the CITY
copies of the unaudited financial statements within thirty (30) days of the close of the
PROVIDER's fiscal year.
ARTICLE XX
ACCESS TO RECORDS
The PROVIDER shall allow access during normal business hours to 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. It is understood and agreed by both parties that all
such access to records will be on a "need to know" basis and shall not conflict with any
Federal confidentiality restrictions but shall comply with Florida Public Records law. No
disclosures shall be made without approval of the City of Miami or legal process mandating
as
specific disclosures.
ARTICLE XXI
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
executed by the respective officials thereunto duly authorized, this the day and year first
above written.
ARTICLE XXII
PERFORMANCE REVIEW
I
The CITY may conduct a formal quarterly review of the PROVIDER's compliance
with the terms of this Agreement. A report of their findings will be made available to the
PROVIDER within thirty (30) days of the completion of said review.
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ARTICLE XXIII
SEVER.AEILITY OF PROVISIONS
If any provision of this Agtecmcnt ii held invalid, the remainder of. this Agreement
shall not be affected thereby if such remainder would then continue to conform to the
terms and requirements of applicable laws.
ARTICLE XXIV
SUCCESSORS AND ASSIGNS
This agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors, and assigns.
ARTICLE XXV
The PROVIDER shall have the right to publish, disseminate and use, in whole or in
part, any data and information received or developed under this contract.
ARTICLE XXVI
RENEWAL
Upon successful completion of this contract the experience gained herein will be
utilized as basis for refining and evaluation training programs for subsequent renewal.
Terms and conditions of the renewal shall be similar to this agreement. Compsensation for
the renewal agreement will be adjusted for inflation or expansion of scope.
When agreed by both parties this agreement may be renewed by the City Manager for
a period of or.,� to two years. Prior to renewal the terms and conditions relating to
compsenation and service delivery will be renegotiated.
ARTICLE XXVH
TRAVEL
Reimbursement of out-of-town or local travel shall be made only if such travel
conforms to State Law and promulgated CITY administrative policy.
ARTICLE XXVTII
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.
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ARTICLE XXVTX
DEFAULT PRO VT STON
In the cvent 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 PROVIDED may cancel and
terminate this Agreement, and all payments, advances, or other compensation paid to
FRO V IDER by CITY while PROVIDER was in default of the provisions herein contained,
shall be forthwith returned to CITY.
ARTICLE XXX
NOTICES
GENERAL CONDITIONS
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
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date of actual receipt, whichever is earlier.
CITY OF MIAMI FLORIDA MEMORIAL COLLEGE
3500 flan American Drive 0800 N.W. 42ndvenue
Miami, Florida 33133 Miami, Florida 33054
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.
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 shall be effective unless made in writing.
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Notices required unricr this Agreement shall be given to:
For the City of Miami -
City Nianager, City of Miami
3500 Pan Arnerican Drive, Miami, Florida, 33133.
For the Florida Memorial College
Florida Memorial College
15800 N.W. 42nd Avenue
Miami, Fla. .33054
h
For the Miami z—ud►cc DI-er_hartment
Herbert Breslow, Chief of Police
Miami Police Department
400 N.W. 2nd Avenue,
Miami, Florida
'— 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.
ti
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ATTEST:
EC E A t�
ATTEST:
CITY CLERK
FLOTZI`: '.`►_'.`,'�'f2i;'�L COLLEGE
PRESIDENT ( -EAL)
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE
OF FLORIDA
By:
CITY MANAGER
_ APPROVED:
HERBERT BRESLOW
CHIEF OF POLICE
APPROVED AS TO FORM AND CORRECTNESS.-
30SE R.
GARCIA-PEDROSA
CITY ATTORNEY
ffm--�.
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Fj
CORPORATE RESOLUTION
WHEREAS, the Board of, Directors of Plorida Memorial College Inc.
has examined terms, conditions, and obliFatinnn of the proposed contract with the City
of Miami for _i,ro�ri r�in.g Haman Relations r riming
WHEREAS, the Board of Directors at a du!y 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 DIRECTOR OF
F orida Memorial- College , that ti,e I,resiuent 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 providing Tiuman Relations Training, Program,
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 15th day of June , 1984.
CHAIRMAN, BOARD OF DIRECTORS
a
(SEAL) NOTARY PUBLIC STATE OF FLORIDA
MY POMMISSION EXPIRES NOV 22 1986
BONDED THRU GENERAL INSURANCE UNo
84-730