HomeMy WebLinkAboutR-84-0060OOK
J-83-1161
1/3/94
rr/D-6
RESOLUT ION NO. 84--60.
A fit: SOLUT ION AUTHOR II_ING THE CI I MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED, WITH VAE_LE-AXELBERD
AND ASSOCIATLS, INC. FOR THE PURPOSE OF
CONDUCTING SEVEN 40-11OUR STRESS CONTROL
TRAINING COURSES COMMENCING JANUARY 30,
1984 AND ENDING JUNE 30, 1984 FOR POLICE
OFFICERS IN DADE AND 1.40NROE COUNTIES AT A
COST NOT TO EXCEED THE SUM OF $23,984
WI TH FUNDS THEREFOR ALLOCATED FROM STATE
OF FLORIDA LAW ENFORCEMENT TRAINING TRUST
FUND.
13E IT fit -SOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement, substantially in the form attached,
with Valle-Axelberd and Associates, Inc. for the purpose of
conducting seven 40-hour Stress Control Training Courses
commencing January 30, 1984 and ending June 30, 1984 for
Police Officers in Dade and Monroe Counties at a cost not to
exceed the sum of $239984 with funds therefor hereby
allocated from State of Florida Law Enforcement Training
Trust Fund.
PASSED AND ADOPTED this 19th day of January , 1984.
Maurice A. Ferre
M
ATTEST:
A L P Hjr,1G .' ONGIE, CITY CLEW -
PREPARED AND APPROVED BY:
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
i
PTY ATTORNEY
CITY COMMISSION
MEETING OF
JAN 19 1984
RESOLU f WU. M
RENMMR
PROFESSIONAL SERVICE AGREEMENT
THIS AGREEMENT, made and entered into as of this day of ,
19840 by and between the CITY OF MIAMI, a municipal corporation of the State of
Florida, hereinafter referred to as the "CITY", and VALLE-AXELgERD AND
ASSOCIATES, INC., a corporation, hereinafter referred to as the "CORPORATION":
WITNESSETH
WHEREAS, the CITY has been awarded monies from the State of Florida Law
Enforcement Training Trust Fund to conduct Stress Control Training courses for police
officers in Dade and Monroe Counties; and
WHEREAS,
the City
Commission, by Resolution No.
passed
and
adopted on
day of
, 1984, has accepted these
monies
and
authorized and directed the City Manager to implement this training program; and
WHEREAS, pursuant to the training program, the CORPORATION has agreed to
render and provide the professional service described in this Agreement:
NOW,
THEREFORE, in
consideration of the mutual
covenants and agreements
hereinafter
set forth, and
in further consideration of
the sum of Twenty Three
Thousand, Nine Hundred Eighty-four Dollars ($23,984.00) to be paid by the CITY to the
CORPORATION, the parties agree as follows:
I. The CORPORATION agrees that during the period beginning January 30, 1984
and ending June 30, 1984, the CORPORATION shall provide and be fully responsible for
the professional service and work product specifically outlined in the training program.
In this connection, the CORPORATION shall:
A. Maintain a forty hour training program that will help police officers to
recognize and cope with job stress and that will address their individual
needs in the areas of psychology, physiology and nutrition.
B. Update the complete lesson plan prepared during the 1982-1983 contract
Identifying program objectives, teaching methods, instructional aids,
lecturers, and deliver same to the Miami Police Department Training Unit
prior to January 1, 1984. It shall be the responsibility of the
CORPORATION to compensate any and all other persons whom they wish
to utilize toward achieving the program's objectives, forwarding copies of
all vouchers to the Miami Police Department Training Unit monthly.
84-60.
C. Update the instructor's outline covering the specific information that will
be presented during the training program, and deliver the same to the
Miami Police Department Training Unit by January 1, 1984.
D. Update and maintain tests for measuring the degrees of attainment of
program objectives and for evaluating the overall program achievement,
and each student's progress so that a final grade for each student can be
determined.
E. Conduct seven training sessions of forty hours each in duration and make
program modifications, after each session, where necessary to maintain a
high level of program quality.
F. Provide initial counselling and referral services for program participants
during each of the forty hour training sessions when the need dictates.
G. Develop an individualized program for each of the program participants
that will help them to successfully deal with their own particular stress in a
manner that will be beneficial to their jobs and personal health.
H. Prepare an evaluation report upon the conclusion of the training program
that will accurately reflect the degree to which objectives were met and
the overall achievement, which shall be delivered to the Miami Police
Department Training Unit prior to July 31, 1984.
2. The compensation to be paid to the CORPORATION shall be the aggregate
sum of Twenty Three Thousand Nine Hundred Eighty-four Dollars ($23,984.00). Said
Sum shall be due and payable as follows: Ten Thousand Dollars ($100000:.00) shall be due
and payable on February 1, 1984, and thereafter the balance of Thirteen Thousand,
Nine Hundred Eighty-four Dollars ($13,984.00) shall be due after April 1, 1994, with the
approval of the Training Unit. Each such payment shall be made to VALLE-AXELBERD
AND ASSOCIATES, INC., and shall be delivered through the Training Unit (Room 327)
at the Miami Police Department, 400 Northwest 2nd Avenue, Miami, Florida.
The CORPORATION shall then be responsible for compensating other
instructional personnel who are utilized to achieve the goals of the program. These
other instructional personnel shall be paid by the CORPORATION at the following rate
per hour:
Psychologist (3) $60.00 per hour
Health Maintenance Specialist (1) $60.00 per hour
Physical Training Specialist $50.00 per hour
Bio-Feedback Technician $50.00 per hour
The CORPORATION understands that these funds are for the remuneration of
84 -60.
instructional personnel only, and that any unpaid monies which remain at the conclusion
of the program shall be reimbursed to the CITY. A copy of all disbursement receipts
shall be delivered to the Miami police Department Training Unit on the first Friday of
each month.
3. The professional services and work product to be rendered and performed to
the reasonable satisfaction of the Chief of Police of the CITY and to the Police
Standards and Training Commission of the State of Florida and the duty of the CITY to
pay the compensation to the CORPORATION provided in paragraph 2 of this Agreement
shall be subject to such satisfactory performance. The CORPORATION recognizes that
the source of the funds is the above identified Training Trust Fund administered by the
CITY. The CORPORATION therefore agrees that the duty of the CITY to pay all or any
part of the compensation to which the CORPORATION will or may be entitled pursuant
to this Agreement, shall be contingent on the receipt by the CITY of trust funds in an
amount or amounts at least equal to the amount or amounts of compensation due
hereunder.
4. The CORPORATION shall be deemed to be an independent contractor. No
agent or employee of the CORPORATION who may render, directly or indirectly, any
service pursuant to or• in connection with the performance of the CORPORATION
obligations pursuant to this Agreement, shall in any event or circumstance be deemed
to be an agent or employee of the CITY, and no such person shall be entitled to any
right or benefit to which CITY employees, whether classified or unclassified, are or
may be entitled by reason of their employment by the CITY.
S. The City Manager shall have the right, upon ten (10) days written notice to the
CORPORATION, to terminate this Agreement if the CORPORATION shall fail to
perform its obligations hereunder to the reasonable satisfaction of the Chief of Police
of the CITY, or if it shall otherwise fail to perform an obligation or fail to render any
performance implied or expressly required by this Agreement. In the event that the
City Manager terminates this Agreement, as above provided, all documents, data,
studies, reports or other written material prepared by the CORPORATION in
connection with this Agreement, shall at the option of the CITY become the property of
the CITY: and the CORPORATION shall, in such event, be entitled to receive just and
equitable compensation for the services it shall theretofore have rendered such
compensation not to exceed Twenty Three Thousand Nine Hundred Eighty-four Dollars
($23,984.00).
6. This Agreement may be terminated by mutual agreement of the parties upon
such terms as may be agreed upon, provided that if this Agreement is terminated prior
84-60.
to the completion of the CORPORATION's services as contemplated by this Agreement,
the aggregate compensation to which it may be entitled shall not exceed an amount
which bears the same ratio to the total compensation provided by this Agreement to be
paid, as the services actually performed by the CORPORATION bear to the aggregate
of the services contemplated to be rendered by the CORPORATION by this Agreement.
7. The CORPORATION covenants that It presently has no Interest and shall not
acquire any interest, direct or indirect, which would conflict in any manner or degree
with performance of the services required to be performed under this agreement. The
CORPORATION further covenants that in the performance of this agreement, no
person having any such conflicting interest shall be employed by it.
8. No report, information, data, etc., given or prepared or assembled by the
CORPORATION under this agreement, including both raw or source data, as well as
eva'.uations thereof, shall be made available to any individual or organization by the
CORPORATION without prior written approval of the City Manager. `
9. No material produced in whole or in part under this Agreement shall be subject
to copyright in the United States, or in any other country. The CITY shall have
unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement. All of the
said material shall become the property of the CITY and the CORPORATION shall have
no claim of any nature whatsoever upon the work product, and other work material so
surrendered to the CITY; provided that the CORPORATION may publish, disclose,
distribute or otherwise use, in whole or in part, any reports, data or other materials
prepared under this Agreement upon written approval of the City Manager and such
approval shall be unreasonably withheld.
10. The CORPORATION shall be obligated to assist, insofar as practicable and
necessary in order to accomplish the purposes of the above mentioned training program,
all CITY personnel and all other persons participating in the project in carrying out its
duties and responsibilities, the CORPORATION will render the Police Training
Personnel such assistance as may be desirable and necessary in assuring the
accomplishment of the purposes and goals of the training program.
11. This Agreement shall not be altered or amended except by written instrument
executed by both parties.
12. The CITY reserves the right to audit the records of the CORPORATION at any
time during the performance of this agreement and for a period of one year after final
payment is made under this agreement.
84-b0_
13. CORPORATION 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
CORPORATION's activities under this contract, including any other acts or omissions
to act on the part of the CORPORATION or any of them, including any person acting
for or on his or their behalf.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by the respective officials thereunto duly authorized, this the day and year
first above written.
Attest:
Attest:
City Clerk
APPROVED:
1
K \'N. I. ARt'SS
CHIEF OF POLICE
APPROVED AS TO FORM AND CORRECTNESS:
JOSE R. GARCIA-PEDROSA
CITY ATTORNEY
VALLE-AXELBERD AND
ASSOCIATES, INC.
By: za
President SE L
CITY OF MAIMI, a Municipal
Corporation of the State of
Florida
By:
ity Manager
84-60.
CITY OF MIAMI FLORIDA
INTER -OFFICE MEMORANDUM
Kenneth I. Harms,
Chief of Police
Peyo Vilarel v
Assistant City Attorney
``-E December 30, 1983 F'LE
r-F-T Valle - Axelberd
Stress Control Training
Course Agreement
^i EERE'+DES
83-486
ENCLCE.:?ES
Regarding Paragraph No. 1 of the above -referenced agreement, the
following language be deleted:
it . .agrees that during the period beginning January 30, 1984
and ending June 30, 1984, the corporation."
The following language should be inserted as a separate numbered
paragraph this agreement.
Term: "This agreement shall commence for the purpose
of providing and shall terminate
The following language should be added to the end of the last
paragraph of Section 2: "The corporation and the city agree that
the maximum amount payable under this contract shall not exceed
$23,984.00.
It is suggested that Paragraph No. 5 be deleted and the attached
termination of contract clause be inserted in its place.
If Paragraph No. 5 is deleted then Paragraph No. 6 should also be
deleted.
Paragraph No. 13 should be deleted and the attached indemnifi-
cation clause should be inserted in its place.
Regarding the signatures of the corporation, the procedure
outlined in my memorandum to you regarding the Psychological
Services Contact should be followed.
Please contact me or have one of your assistants contact me upon
receipt of this memo.
AV/wpc/ab/128
84-60.
im
59
To: Howard V . Gary
City Manager
�CMNI�M.. �Iw�ryllwo
FROM! Kenneth I. Harms
Chief of Police
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
DATE: DEC ? 0 1983 FILE: TNG . 8
SUMUECT: RESOLUTION FOR STRESS CONTROL
TRAINING COURSES AGREEMENT WITH
VALLE-AXELBERD ASSOCIATES, INC.
REFERENCES:
ENCLOSURES:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, SUBJECT TO THE CITY
ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS,
WITH VALLE-AXELBERD AND ASSOCIATES, INC., FOR
THE PURPOSE OF CONDUCTING SEVEN 40-HOUR STRESS
CONTROL TRAINING COURSES COMMENCING JANUARY 30,
1984 AND ENDING JUNE 30, 1984 FOR POLICE OFFI-
CERS IN DADE AND MONROE COUNTIES AT A COST NOT
TO EXCEED THE SUM OF $23,984. WITH FUNDS THERE-
FORE ALLOCATED FROM STATE OF FLORIDA LAW ENFORCE-
MENT TRAINING TRUST FUND.
It is requested that the City Manager execute an agreement
subject to the City Attorney's approval as to form and
correctness, with Valle-Axelberd and Associates, Inc.,
for the purpose of conducting seven (7) forty (40) hour
Stress Control Training Courses commencing January 30,
1984 and ending June 30, 1984, for City of Miami Department
of Police Officers and Officers for Dade and Monroe Counties.
The training courses are developed to aid an officer in
recognizing and coping with job stress and will address
their individual needs in the area of psychology, physiology,
and nutrition.
Funds for this program are allocated from the State of
Florida Law Enforcement Training Trust Fund.
KIH:ic
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