HomeMy WebLinkAboutR-84-07313-84-580
6/21/84
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RESOLUTION No. 84-7:31
A RESOLUTION AUTHORT7ING THE CITY MANAGER
TO EXE('UTF A PROFESSIONAL SERVICES
AGREEMENT, IN A FORM ACCLPTAOLE TO THE
CITY ATTORNEY, WITH VALI-F-AXELRERD AND
ASSOCIATES, INC. TO PROVIDE OVERALL
CONSULTANT SERVICES FOR THE PURPOSES OF
IDENTIFYING AND ANALYZING THE
PSYCH11L.OGICAL STRESS FACTORS PRODUCED
FROM POLICE TRAINING ASSOCIATED WITH THE
APPL Tr.ATIONS OF THE SMC 33 SIMULATOR,
WITH EMPHASIS ON Stir (;ESTI(;NJS A^ ,I?
RECOMMENDATIONS FOR RESOLUTION OF
INAPPROPRIATE RESPONSES DISPLAYED BY
POLICE OFFICERS WITH FUNDS THEREFOR
ALLOCATED IN AN AMOUNT NOT TO EXCEED
$25,000 FROM FISCAL YEAR 1983-84
BUDGETED POLICE DEPARTMENT FUNDS.
WHEREAS, a need exists to provide overall consultant
services for purposes of identifying and analyzing the
psychological stress factors produced from police training
associated with the application of the SME 33 Simulator; and
WHEREAS, Resolution No. 84-3091 adopted March 8, 1984,
authorized the City Manager to enter into negotiations with
Valle-Axelberd and Associates, Inc. to provide professional
consulting services to meet this need; and
WHEREAS, Resolution No.84-309 contained a provision that
the negotiated contract be presented to the City Commission
prior to execution; and
WHEREAS, Val le-Axelberd and Associates, Inc. has agreed
to the terms and conditions of the herein proposed agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COM14ISSION 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 Valle-Axelberd and
Associates, Inc. to provide overall consultant services for
purposes of identifying and analyzing the psychological
stress factors produced from police training associated with
the application of the SME 33 Simulator, with emphasis on
"111 v..ufvIMISSION
M1'E1'I1',C: OF
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suggestions and recommendations for resolution of
inappropriate responses displayed by police officers with
funds therefor hereby allocated in an amount: not, to exceed
$25,000 from Fiscal Year 1983-014 htrdrlrted fo1,icr Department
Funds.
PASSED AND ADOPTED this 28th day of June , 1984.
Maurice A. Ferre
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ATTEST:
R P G. ONGIE, CITY '
PREPARED AND APPROVED BY:
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HUHLHI F . ULAHK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
?ITY ATTORNEY
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66 •
TO. Howard V. Gary
City Manager
FROM:
Herbert Breslow
Chief of Police
Background
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
DATE:
W(_
FILE:
SUBJECT: Valle, Axelberd & Associates,
Inc. Service: Contract
REFERENCES:
ENCLOSURES:
It is recommended that Valle, Axelberd and
Associates, Inc. be awarded a professional
services contract for purposes of identifying
and analyzing the psychological stress factors
produced from police training associated with
the application of the SME 33 Simulator, with
emphasis on suggestions and recommendations
for resolution of inappropriate responses
displayed by police officers.
06
Concurrent with the authorization to excute the contract with September and
Assoicates 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.
As authorized by Resolution No. 83-718, requests for proposals to acquire
consultant services in the specific areas of psychologial stress management,
human relations training and overall consultant services were received and
evaluated by the Department.
Resolution No. 84-304 authorized contract negotiations with Valle, Axelberd and
Associates, Inc. for purposes of identifying and analyzing the psychological stress
factors produced from police training associated with the application of the S%1E
33 Simulator, with emphasis on suggestions and recommendations for resolution
of inappropriate responses displayed by police officers.
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 Valle, Axelberd
and Associates, Inc.
RE CE IV ED
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MIAMI POLICE DEPARTMENT
O; er2t ors �U)aDrt S.ectiol
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AGREEMENT
THIS AGREEMENT entered into this day of , 1984, by and
between the CITY OF MIAMI municipal corporation of the State of Florida., hereinafter
referred to as the "CITY", and VALLE '& AXELDERD AND ASSOCIATES, INC., 115
Madeira Avenue, Coral Gabics, Florida, 331.34, hereinafter referred to as "PROVIDER";
WHEREAS, the nEPARTIML-"NT 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
DEFINITIONS, PURPOSE
A. (1) "CITY" means The City of Miami.
(2) "PROVIDER" means Valle be Axelberd and Associates, Inc., 113 Madeira
Avenue, Coral Gables, Florida, 33134,
(3) "DEPARTMENT" means The City of Miami Police Department.
(4) "SME 33" means The synthesised media enviornment system provided by
September and Associates, Inc.
(5) "SIMULATOR" means A device used in conjunction with the SME 33 as
provided by September and Associates, Inc.
ARTICLE 11
SERVICE DELIVERY/WORK PROGRAM
The Service Delivery/Work Program and Line Item Budget are incorporated as
part of this Agreement as described in Article III.
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 grogram or line item Budget revision, or amendment shall be
effective until approved in writing by the Department.
ARTICLE III
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A. METHOD OF
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This Agreement shall commence on and shall terminate on
. Services will be provided by PROVIDER as needed at an
hourly rate of Sixty Dollars ($60.00) not to exceed Twenty Five Thousands
($25,000) for the term of said contract; unless an addendum athorized by all
parties extends the scope of services or provides additional hours of consultation.
D. PROFESSIONAL SERVICES
1) The PROVIDER agrees it shall provide the followink Professional Services
and the work program as follows:
A) Refine psychological, behavioral, perceptual objectives of simulation.
B) In conjunction with appropriate Departmental Staff develop and
implement a system to deal with officers who perform marginally or
unsatisfactorily during simulation training. (on -going activity)
C) Attend all necessary meetings and research to familiarize Valle,
Axeiberd and Associates, Inc. personnel with the simulator apparatus.
(on -going activity)
D) Define the unsatisfactory thershold and remedial training measures for
marginal or unsatisfactory performance.
E) Provide personality/attitudinal tests to selected officers.
F) Training and supervising raters on providing positive and helpful
feedback to officers after simulation training. (on -going acttvity)
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PROFESSIO�JAV ";r.-,QVKr 75
G) Follow Sip con-sultations and meetings with appropriate personnel to initiate
and coordinntc% the above ta-L . (on- ping activity)
H) Referrals of officers due to t+nsatisfaactory performance on the SME 33
simulator will he for advanced stress counseling services only and not for
evaluation purpo cs, therefore, confidentiality provided by state law
between licensed mental health providers and their clients will apply.
I) Provision of short-term Advance Stress Counseling of selected
Departmental personnel and arrangment for long-term referral when
appropriate. (on -going activity)
3) Other general consultation activities where psychological input may be
required or relevant. (on -going activity)
2. The PROVIDER agrees to maintain the following Consulting Resources: The
PROVIDER as part of this contract agrees to utilize and have as resources the
availability of PROVIDER'S staff for service to the Department. The
PROVIDER'S staff consists of professionals from the different ethnic and racial
minorities found in the Miami Community. Specialists in the fields of
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psychology, psychiatry, psycho diagnostics, nutrition and expercise psychology
are available to provide expertise for particular consultations. All the
PROVIDER'S staff are very familar with police work and have experience in law
enforcement consultation services will be provided by Dr. Mark Axelberd and
Dr. Jose Valle who have been behavioral consultants to various South Florida
police departments for the past several years.
BUDGET SUMMARY
The Department will retain the services of the PROVIDER at the rate of sixty dollars
($60.00) an hour for the entire term of said contract. The total amount of payment
=M made to the PROVDER will not exceed Twenty five Thousand ($25,000.00) except as
provided in article V. The PROVIDER, is responsibles; for maimainina log and
submission of .appropriate reports to the Director of the Training Unit for monthly
activities. Payments will be made to the PROVIDER by the Department on a
monthly basis aftf-r the receipt of appropriate reports, as specified in Article III, A
METHOD OF PAYMENT.
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ARTICLE IV
RENEVIAL
When agreed to by both parties, this agreement may be renewed by the City Manager
for a period one to two years. Prior to renewal the terms and conditions relating to
compensation and service delivery will be renegotiated.
ARTICLE V
ADDENDUM(S) TO CONTRACT
It is understood that the initial period of SME 33 is in its formative stages. Given
that no experiental base exists it is possible that additional services may be necessary
during the term of this contract to provide for unanticipated conting`ncies.
No addendum will amend this contract until all parties have agreed to and affixed
their signatures thereto and filed the addendum with the city clerk.
TERMINATION
ARTICLE VI
• ,e
CITY retains the right terminate this Agreement at any time prior to the completion 0.
of of the services required pursuant to article hereof 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 his/her 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, the CITY shall in
no way obligated and shall not pay to PROVIDER any sum whatsoever.
ARTICLE VII
INDEPENDENT CONTRACTOR
That the PROVIDER ,and its employees and agents shall be deemed to be an
independent contractor, and riot ail agem or ernployee of the CITY, and shall not attain any
rights or benefits Linder the Civil Setvi--:e car Pension Ordinance of the C 1'1°YF or anv rit=hts
generally afforded clans l;f tzd or further tie/sloe small not be deemed
entitled to Florida 'Wo: kter's Corp;,es,saiion benefits as an employee of the CITY.
ARTICLE VM
CONFLICT OF INTEREST
The PROVIDER covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with this Agreement his any personal
financial interests, direct or indirect, in this Agreement. The PROVIt_IEP 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.
ARTICLE IX
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 PROVIDER
activities under this contract, including all other acts or omissions to act on the pars 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.
ARTICLE X
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 XI
NON-DELEGABILITY
I
It is understood and' agreed that 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.
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ARTICLE XII
CONSTRUCTION OF AGREEMENT
The parties hereto agree that this Agreement shall be strictly construed and enforced
according to the laws, statutes and case laws of the State of Florida.
ARTICLE XIII
SUCCESSORS AND ASSIGNS
This agreement shall be binding upon the parties herein, their heirs, executors, legal
representatives, successors, and assigns.
ARTICLE XIV
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 XV
s
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 XVI
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 Agreerntra, and all payments, advances, or other compensation paid to
INSTITUTE by CITY PROVIDER was in default of the provisions herein contained,
shall be forthwith re;Airne.i co CITY.
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ARTICLE WIT
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 indir reH horein 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 VALLE & AXELBERD & ASSOICATFS, INC.
3500 Pan American Drive 115 Madeira Avenue
Miami, Florida 33133 Coral Gables, 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 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. -
ARTICLE XVIII
NOTICES
Notices required under this Agreement shall be given to:
For the City of Miami:
City Manager, City of Miami
3500 Pan American Drive, Miami, Florida, 33131
For Valle and Axelberd and Associates, Inc.:
Jose Valle
115 Madeira Avenue, Coral Gables, Florida
Informational copies shall ht provided to:
Herbert Breslow, Chief of Police
Miami Police Department
400 N.W. 2nd Avenue,
Miami, Florida
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IN WITNESS WHEREOF, the parties hereto have caused this instrim-rt to be
executed by the parsons thereto legally authorized, this the day and year first
above written.
Attest:
SEMETARY/
I'
Attest:
i
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I
CEERK
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APPROVED:
HERBERT BRESLOW
CHIEF OF POLICE
APPROVED AS TO FORM AND CORRECTNESS:
i
O E R. GARCIA-PEDRO A
CITY ATTORNEY
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VALLE do AXELBERD & ASSOCIATES, INC.
By: /
R IDENT S AL `v
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE
OF FLORIDA
By:
CITY MANAGER
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CORPORATE R-SOUITIOt
WHEREAS, the Board of I7ir ecpors of VZlle-AYelhcrr1 and has
examined terms, conditions, and obligations of the proposed contract with the City of
Miami for Psychological Scrvices,
WHEREAS, the Board of Directors at a duly held corporate meting have
considered the matter in accordance with the by-laws of the corporation.
NOW, THEREFORE, BE. IT RESOLVED BY THE BOARn OF DIRECTOR 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 rviiami, 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 , 1984.
CHAIRMAN, BOARD OF DIRECTORS
1 , - ell (SEAL) Y
/CORPORATE SECRETARY
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