Loading...
HomeMy WebLinkAboutR-84-0061t J-H3-116O 1 /5!84 rr/D-6 RESOLUIION NO. S"It-61 A RESOLIJTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUf35TANTIALLY IHE FORM ATTACHED, WITH VALLE, AXEI_I3ERD AND A55OCIATES, INr. FOR THE PORP05L OF PROVIDING PSYCHOLOGICAL SERVICES, AS NEFDED, DURING 19849 TO MEMBERS OF THE MIA141 POLICE DEPARTMENT9 AI AN HOURLY RATE OF $60, SAID CONTRACT NOT TO EXCEED $ 3 6 0 0 0 0 WITH FUNDS THEREFOR ALLOCATED FROI4 POLICE DEPARTMENT BUDGETED FUNDS. 13E I RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, F L 0 R I D A : Section 1. The City Manager is hereby authorized to execute a Professional Services Agreement, in substantially the form attached, with Valle, Axelberd and Associates, Inc. for providing psychological services, as needed, to members of the Miami Police Department during 1984 at an hourly rate of $60 with the total cost of said contract not to exceed $36,000 with funds therefor hereby allocated from Miami Police Department Budgeted Funds. PASSED AND ADOPTED this 19th day of January , 1984. Maurice A. Ferre M A C7 R%LPH G. ONGIE, CITY CLtKik PREPARED AND APPROVED BY: LA DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A, .I ot • A - Y ATTORNEY CITY COMMIS pIS MEETING OF JAN 19 1984 RESOW'Hi ,, AGREEMENT THIS AGREEMENT entered into this day of , 198 , by and between the "City of Miami hereinafter referred to as the "CITY", and VALLE, AXELBERD AND ASSOCIATES, INC., 115 Madeira Avenue, Coral Gables, Florida, 33134, 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 DEFINITIONS, PURPOSE A. (1) "CITY" means City of Miami." (2) "PROVIDER" means Valle, Axelberd and Associates, Inc., 115 Madeira Avenue, Coral Gables, Florida 33134 (3) "DEPARTMENT" means Miami Police Department. B. PURPOSE OF AGREEMENT The purpose of the Agreement is to state the covenants and conditions under which the PROVIDER will implement the Service Delivery/Work Program as set forth in Article II of this Agreement. ARTICLE II SERVICE DELIVERY/WORK PROGRAM The Service Delivery/Work Program and Line Item Budget is attached to and 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 Program revision, or amendment thereof as may hereafter be prepared, shall be effective until approved by the Department. ARTICLE III A. 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 and reports 84--61. C1 approved by the Department or his designee. Requests for payment shall be submitted by written invoice documenting time spent. Payments to the PROVIDER will be made within that monthly period following the monthly period during which the invoice were submitted to the Department. B. TIME OF PERFORMANCE "This Agreement shall commence on January 1, 1984 and shall terminate on December 31, 1984. Services will be provided by PROVIDER as needed at an hourly rate of Sixty Dollars ($60.00) not to exceed Thirty -Six Thousand Dollars ($36,000.00) for the term of said contract." C. PROFESSIONAL SERVICES (1) The PROVIDER agrees it shall provide the following Professional Services and the attached work program as follows: (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. (ongoing) (b) Assist in the on -going development of supervisory and management training programs. (c) Provide psychological assessment of law enforcement personnel for screening, promotion or placement of personnel within the Department, upon special request by the Department. (on -going) (d) Provision of short-term Advance Stress Counseling of selected Departmental personnel and arrangement for long-term referral when appropriate. (on -going) (e) Work in conjunction with the personnel department for case consultation on individual officers. (on -going) (f) Other general consultation activities where psychological input may be required or relevant. (on -going) (g) Services to be provided with confidentiality clearly defined. (on -going) (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 84-661. racial minorities found in the Miami Community. Specialists in the fields of psychology, psychiatry, psychodiagnostics, nutrition and excercise 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 who have been behavioral consultants to various South Florida police departments for the past several years. D. BUDGET 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 made to the PROVIDER will not exceed $36,000.00. The PROVIDER is responsible for maintaining a 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 after the receipt of appropriate reports, as specified in Article III, A METHOD OF PAYMENT. ARTICLE IV TERMINATION The City Manager shall have the right, upon ten (10) days written notice to the PROVIDER, to terminate this Agreement if the PROVIDER shall fail to perform its obligations hereunder to the reasonable satisfaction of the Chief of Police of the CITY; if it shall otherwise fail to perform an obligation or fall to render any performance expressly or impliedly required by this Agreement; or if funding should become unavailable. 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 PROVIDER in connection with this Agreement, shall at the option of the CITY, become the property of the CITY; and the PROVIDER shall, in such event, be entitled to receive just an equitable compensation for the services it shall theretofore have rendered such compensation not to exceed the maximum sum payable under the agreement. ARTICLE V INDEPENDENT CONTRACTOR That the PROVIDER and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any 84-61 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 the 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. ARTICLE VII INDEMNIFICATION PROVIDER will indemnity 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. ARTICLE VIII AWARD OF AGREEMENT The PROVIDER warrant that they have not employed or retained any company or persons to solicit or secure this Agreement and that they have not offered to pay, paid, or agreed to pay any person or company any fee, commission, percentage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. 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. ARTICLE IX NON-DELEGABILITY 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 84-61_ CITY shall first consent in writing to the performance of such services or any part thereof by another person or firm. ARTICLE X CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. ARTICLE XI SUCCESSORS AND ASSIGNS This agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE XII 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 XIU NOTICES Notices required under this Agreement shall be given to: For the City ofMiami: 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: Kenneth I. Harms, Chief of Police Miami Police Department _ 400 N.W. 2nd Avenue, Miami, Florida IN WITNESS WHEREOF, the parties hereto have caused this instrument and exact duplicates hereof to be executed in their names by the persons thereto legally qualified. 84-61 1* ATTEST: CITY CLERK WITNESSES: APPROVED AS TO FORM AND CORRECTNESS: JOSE R. GARCIA-PEDROSA CITY ATTORNEY THE CITY OF MIAMI CITY 11ANAGER VALLE, AXELBERD AND ASSOCIATES, INC. APPROVED: /twxz- KENNETH I. HARMS CHIEF OF POLICE 84-61. CITY OF MIAMI. FLORIOA INTEROFFICE MEMORANDUM TO Mr. Howard V . Gary DATE: DEC 2 0 1983 rTL9: City Manager 6USJECT. Psychological Services Contract FROM• Kenneth I. Harms REFERENCES: Chief of Police ENCLOSURES: One ( 1 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 1984 for members of the Miami Police Department. 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 Interven- tion Program, of our department for more than seven 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 coun- seling, 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 3, part C. The funding this year will be coming from the Police Department's bud- geted fund. Section 18-54 of the City Charter exempts professional services from the necessity of putting a proposal up for bid. Attached is a resolution that has been prepared for submission to the City of Miami Commission upon your approval of this contract. KIH:orm ,w►\� a 84-61.