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HomeMy WebLinkAboutR-83-0191RESOLUTION NO. S3- 191 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORA ATTACHED HERETO, WITH DENNIS A. VINTON, INC. FOR PROFESSIONAL SERVICES AS A TRAINING AND EVALUATION SYSTEM CONSULTANT, IN CONJUNC- TION WITH THE CONTINUUM OF ADAPTED RECREATION EDUCATION (C.A.R.E.) PROJECT WITH FUNDS THERE- FOR IN THE AMOUNT OF $5,000 ALLOCATED FROM THE DEPARTMENT OF RECREATION PROJECT C.A.R.E. GRANT FUNDS. WHEREAS, the City of Miami Project Continuum of Adapted Recreation Education (C.A.R.E.) will develop and implement a Full Spectrum Partici- pation (FSP) Recreation Education project which will enable recreation to become a part of the life experience of disabled citizens; and WHEREAS, the City is desirous of obtaining professional consultant services in planning, training and evaluation in accordance with an FSP in-service training approach; and WHEREAS, the Code of Federal Regulations 100 a. 105 allows local governments to negotiate for procurements if the service to be procured is available from only one person or firm; and WHEREAS, Dennis A. Vinton, Inc. is the sole developer of the FSP approach; and WHEREAS, the U.S. Commissioner of Education has approved negotia- tions in the amount of $5,000 for this purpose and has allocated same to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section I. The City Manager is hereby authorized to execute an agreement, in substantially the form attached hereto, with Dennis A. Vinton, Inc. for professional services as a training and evaluation system consultant in conjunction with the Continuum of Adapted Recre- ation Education Project (C.A.R.E.) with funds therefor in the amount of $5,000 hereby allocated from the Department of Recreation Project C.A.R.E. Grant Funds. CITY COMMISSION MEETING OF MAR 18 1983 I IRESMU110N Mu.� PASSED AND ADOPTED this 18 day of MARCH MAURICE A. FERRE M A Y O R ATTEST: FRA__2#PH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: 2640 ?ely C DEPUTY CITY ATTORNEY APPROVED AS TO FROM AND CORRECTNESS: ' JOSE R. GARCIA-P DROSA CITY ATTORNEY 2 1983. 83--ISI 4 t I � 34 TO: Howard V . Gary City Manager FROM. Albert H. Howard, Director Department of Recreation \0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CITY MANAGER'S OFFICE 198l JAN 18 PH 2: 35 DATE: January 14, 19 3 FILE, SUBJECT A Resolution Authorizing the City Manager to Enter Into an Agreement. REFERENCES: ENCLOSUREF. IT IS RECOMMENDED THAT THY: CITY MANAGER BE AUTHORIZED TO ENTER INTO AN AGREEMENT WITH DENNIS A. VINTON, INC., AS A TRAIN- ING AND EVALUATION SYSTEMS CONSULTANT FOR PROJECT C.A.R.E. (CONINUUM OF ADAPT- ED RECREATION EDUCATION). Project C.A.R.E. (Continuum of Adapted Recreation Education) is funded by the U.S. Department of Education, Office of Special Education and Rehabilitation Services to develop and implement a Full Spectrum Program designed to provide leisure education and recreation for disabled citizens. It will be based on the assessment and task analysis continuum flow pat- tern which allows the participant to enter the program at the point which best meets individual needs. The contract with Dennis A. Vinton, Inc. will enable the De- partment of Recreation to implement a sub -contract for the evaluation of the Project C.A.R.E. (Continuum of Adapted Recreation Education) program. Five thousand dollars ($5,000) has been allocated by the U.S. Department of Education for this purpose. The total grant award is $116,983. The Code of Federal Regulations 100 a. 105 allows local gov- ernments to negotiate for procurements if the service to be procured is available from only one person or firm: and Dennis A. Vinton, Inc. is the sole source developer of the Full Spectrum Participation approach. It is the recommendation of this Department that the attached resolution be adopted. AHH/KCS/za 83-•191 PROFESSIONAL SERVICES AGREEMENT This AGREEMENT made this day of , by and between the CITY OF MIAMI, a municipal corporation under the laws of the State of Florida (hereinafter -referred to as "CITY") and DENNIS A. VINTON, INC., a State of Kentucky Corporation (hereinafter referred to as "CONSULTANT"). 1.11TIUCC�FTW- WHEREAS, the CITY has entered into a contract with DENNIS A.-VINTON, INC. to obtain professional services in research, planning, and evaluation of the Continuum of Adapted Recreation Education (C.A.R.E.) Project in ac- cordance with a Full Spectrum Participation (FSP) approach; and WHEREAS, the CONSULTANT has the capabilities to develop and provide professional consultant services as described elsewhere herein which will prove to be of value to Project C.A.R.E. and has demonstrated effectiveness and qualifications to provide these services; and WHEREAS, the CITY is desirous of obtaining such services of the ' CONSULTANT and the CONSULTANT is desirous of furnishing such services. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto covenant and agree as follows: ARTICLE I - PROFESSIONAL SERVICES It is understood that the CONSULTANT will provide the following services for the CITY: 1. Develop and provide evaluation forms and instruments needed to eval- uate and assess Project C.A.R.E. in the following areas: (1) staff perform- ance, (2) program activity and (3) overall project effectiveness. 2. Organize, tabulate and analyze data collected to evaluate project staff, program activities and project effectiveness. 3. Prepare and submit a written report summarizing the major results of the data analysis and setting for the recommendations for action designed to improve and/or strengthen staff performance, program activities and over- all project effectiveness. 1 4. Assist in the development of a sound marketing strategy which will inform other communities of the project's capabilities. 5. Provide technical assistance to project staff totaling no less than fourty (40) contract hours. ARTICLE II - EFFECTIVE TERM Both parties agree that the effective term of this Agreement shall be made from October 1, 1982 to September 30, 1983. ARTICLE III - CONSIDERATION Payment shall be made in accordance with these procedures as outlined below: The CITY agrees to compensate the CONSULTANT a fixed fee of five thousand dollars ($5,000.00) to be paid in two (2) equal payment of two thousand five hundred dollars ($2,500.00) each, the first payment on March 31, 1983 and the second payment on September 1, 1983. This fixed fee shall be total compensa- tion for all services provided under this Agreement. The CONSULTANT shall provide an invoice to the CITY for each payment and it shall include a description of services provided, and additional informa- tion as requested by the CITY. If an invoice is questioned by the CITY, the CITY shall notify the CONSULTANT in writing within seven days of receipt of the invoice and mutual agreement shall be resolved before payment is made. Unless the invoice is questioned by the CITY as provided for above, payment shall be made in full by the CITY within thirty (30) days after receipt of invoice from CONSULTANT. ARTICLE IV - NOTICES It is understood and agreed by the parties hereto that all notices which may arrive in connection with this Agreement shall be considered sufficient when made in writing and mailed or delivered in person, to the appropriate address of the respective party: FOR THE CITY: Kevin C. Smith Program Coordinator for the Handicapped City of Miami, Department of'Recreation 2600 South Bayshore Drive • Miami, Florida 33133 2 FOR THE CONSULTANT: Dennis A. Vinton, President Dennis A. Vinton, Inc. 105 Vicewood Drive Nocholasville, Kentucky 40356 ARTICLE V - PUBLIC RECORDS LAW CONSULTANT agrees that all documents and reports prepared and maintained by CONSULTANT, under the contract, shall be subject to provisions of Public Records Law, Chapter 119, Florida Statutes. ARTICLE VI'- TERMINATION OF AGREEMENT The CITY retains the right to terminate this Agreement at any time prior to completion of services without penalty to the CITY. In that event, termination of this Agreement shall be made in writing to the CONSULTANT and the CONSULTANT shall be paid through the month in which the Agreement is terminated provided, however, that the CONSULTANT is not in default under the terms of this Agreement. Should the contract be terminated in this manner and under this provision, the CONSULTANT shall not be entitled to the entire amount of the fee remaining, but only to such amount as incurred up to and including the month of termination. ARTICLE'VII"- AMENDMENTS The CITY may, at its discretion, amend this Agreement to conform with changes in applicable City, County, State and Federal laws, directives, guide- lines, and objectives. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. Such amendments shall be incorporated as part of this Agreement upon review, approval and execution'by the parties hereto. ARTICLE VIII'- OWNERSHIP OF DOCUMENTS All plans, proposals, reports, documents, research materials and other data developed as a result of this Agreement shall become the property of the CITY without restriction or limitation on their use. It is further stipulated that all information developed as part of the project shall not be -used by the CONSULTANT without written consent of the CITY and that no press release or publicity is to issued by the CONSULTANT without prior submittal to the CITY and written approval from the CITY. 3 4 It is further understood by and between the parties that any information, plans, reports, documents or any other matter whatsoever, which is given by the CITY to the CONSULTANT pursuant to the Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purpose whatsoever without the written consent of the CITY. ARTICLE IX - CONFLICT OF INTEREST COMPLIANCE The CONSULTANT warrants that to the best of his knowledge and belief no Commissioner, Mayor or other officer or employee of the CITY is interested directly or indirectly in the profits or emoluments of this Agreement and that full compliance shall be given to all aspects of the conflict of interest laws of the City of Miami, Dade County and the State of Florida. ARTICLE X - INDEMNIFICATION Consultant shall indemnify and save the City harmless from and against any and all claims, liabilities, losses, and causes of action, including rea- sonable attorneys, fees which may arise out of consultant's activities under this contract including all other acts or omissions to acts on the part of CONSULTANT or any of them, including any person acting for or on his or their behalf. ARTICLE XI - AWARD OF AGREEMENT The CONSULTANTS 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, commis- sion, percentage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. The CONSULTANTS are aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article Y), 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 XII -'NON 4ELEGABILITY It is understood and agreed that the obligations undertaken by the CONSULTANT pursuant to this Agreement shall not be delegated to any other person or firm unless the CITY shall first consent in writing to the perform- ance of such services or any part thereof by another person or firm. 4 WITNESSES: ATTEST: City Clerk APPROVED AS TO FORM AND CORRECTNESS: A"8 JOSE R. GARCIA PEDROSA '' CITY ATTORNEY 6 CONSULTANT By: DENNIS A. VINTON, President and authorized to execute agreements for DENNIS A. VINTON, INC. (SEAL)' CITY OF MIAMI, a municipal Corporation of the State of Florida. By: City Manager 83--191 CORPORATE RESOLUTION WHEREAS has submitted a bid on and the City has accepted such bid, WHEREAS, the Board of Directors of has examined terms, conditions, and obligations of the proposed contract with the City of Miami for ' WHEREAS, the Board of Directors at a duly held corporate meeting have con- sidered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF that the president and secretary are hereby autho- rized and instructed to enter into a contract in the name of, and on behalf of this corporation, with the City of Miami for in accordance with the contract documents furnished by the City of Miami, and for the price and upon the terms and payments contain- ed in the proposed contract submitted by the City of Miami. IN WITNESS WHEREOF, this _ day of Ig CHAIRMAN, Board of Directors WITNESS