HomeMy WebLinkAboutR-83-0113J-83-51
rr RESOLUTION NO.8'3....113�
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 48-HOUR STRESS CONTROL
TRAINING COURSES COMMENCING OCTOBER 12,
1982 AND ENDING JUNE 30, 1983 FOR POLICE
OFFICERS IN DADE AND MONROE COUNTIES AT A
COST NOT TO EXCEED THE SUM OF $23,520
WITH FUNDS THEREFOR ALLOCATED FROM POLICE
DEPARTMENT BUDGETED FUNDS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized 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 48-hour.
Stress Control Training Courses commencing October 12, 1982
and ending June 30, 1983 for Police Officers in Dade and
Monroe Counties at a cost not to exceed the sum of $23,520
with funds therefor hereby allocated from Police Department
budgeted funds.
PASSED AND ADOPTED this loth day of
1983.
T:
LPH G. ONGIE, CITY CLEW
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
IOU C7. _Z��
E R. GARCIA-PEDROSA
TY ATTORNEY
February
Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
CITY COMMISSION
MEETING OF
I-E: +0iq>73
NEWLUTroN NO .... ~.......
REMARKS .............................
53
TO Mr. -Howard V , Gary
City ',tanager
FROM Kenneth I. Harms
Chief of Police
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE J114 ;) 1i W3 FILE.
SUBJECT: Contract for Stress
Courses
REFERENCES -
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 Stress Control Training
Courses during 1982 - 1983 for police
officers in Dade and Monroe Counties.
Attached is a contract for the presentation of seven (7) forty hour
Stress Courses by Valle/Axelberd and Associates, Inc. This contract
is funded by Region XIV of the Criminal Justice Standards and
Training Commission.
The Miami Police Department developed this course and has offered
it to all Law Enforcement Officers in Dade and Monroe Counties
(Region XIV) for the last several years. The course is well
attended, widely acclaimed and has always been funded by the State.
KIH: tc
A
63-113,,
2
PROF .SSIOtiaL SERVICE AGIiI•J:'JEN'T
'THIS AGRi:ESIEtiT, made and entered into as of this
day of , 1_982, by and between the CITY OF MIAMI,
a municipal corporation of the State of Florida, hereinafter
referred to as the "CITY", and VALLE-AXELBERD AND ASSOCIATES,
INC., a corporation, hereinafter referred to as the "CORI`OPA-
TION":
W I T N E S S E T li
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
1'�HEREAS, the City Commission, by Resolution No._
passed and adopted on day of , 1982,
has accepted these, monies and authorized and directed the City
Manager to implement this training program; and
IIIEREAS, pursuant to the training program, the CORPORATION
has agreed to render and provide the professional service des-
cribed in this Agrecr;ient:
NOW, THEREFORE, in consideration of the mutual covenants
and agreements hereinafter set forth, and in further consider-
ation of the sum of Twenty Three Thousand, Five Ilundred Twenty
Dollars ($23,520.00) to be paid by the CITY to the CORPORATION,
the parties agree as follows:
1. The C'OM)OHATIO'% agrees that dul•ing the hc:riod begin-
ning O� t.uber 12, 1;:�2 :tnd c=nding June 30, 19S3, the CORPORATION
shall provide and I;r- fully for the profe.,;sional
s rvice and %kork pro,lu(t :Iiecifically outlined in the training
program. In this c on—nec:t ion, the COH11101"A"i IO'. shall:
A. a forty hour training, proi;ram that µill
help I)ol i Ce of f i cars to rrcogn i •r_e and cope with
job stress :ind that will address their individual
n(1Vds in thcr areas of psychology, phy!;iology, and
nutrition.
r
F3. Update the CO�Mpletr- 't,�-;on pI:in pr,ar=, d dur ni;
Lives, Leaching methods, instructional aids,
lecturers, and deliver game to the ;Miarni Police
Department Training Unit prior to .January 1, 1983.
It shall be the responsibility of the CORPORATION
to componsate any and all ether nerscns .chcm they
wish to utilize to-sard achieving the program's
objectives, forwarding copies of all vouchers to
the tiiami Police Department Training Unit monthly.
C. Update the instructor's outline covering the spe-
cific information that will be presented (luring
the training program, and deliver the same to the
Miami Police Department Training Unit by January 1,
1983.
D. Update and maintain tests for measuring the degrees
of attainment of program objectives and for evalu-
ating 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
}lour training sessions uhc;•n the need dictates.
G. Develop an individuali:red pro,r::rn for each of the
pro,-r::nr participants that %kill help t.hcm to suc-
cessfully deal with the it o:.n particular s;trr?:is in
a rcanrier that will he Lenefirial to their jobs and
per:;onal health.
If. Prepare an evaluation report '])oil the conclu-sion
of the training program that %%ill accur::tely re-
fluct tire-- d0grc,e to «hick objectives Mere r:ret and
0
the overall achievem,rnt, which shall be delivered
to the 'Miami Police Department Training Unit prior
to July 31, 1983.
2. The compensation to be paid to the CORPORATION shall
be the aggregate sum of Twenty Three Thousand Five Hundred
Twenty Dollars ($23,520.00). Said Sum shall be clue and payable
as follows: Ten Thousand Dollars ($10,000.00) shall be due and
payable on January 11, 1983 and thereafter the balance of Thir-
teen Thousand, Five Hundred Twenty Dollars ($13,520.00) shall
be due after April 1, 1983 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)
Health !Maintenance
Specialist (1)
Physical Training Specialist
Bio-Feedback Technician
$60.00 per hour
$60.00 per hour
$50.00 per hour
$50.00 per hour -
The CORPORATION understands that these funds are for the remu-
neration of 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 ren-
dered 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
perfor-
mance. The C0101013ATIOti recognizes that the source of the funds
83".L 13c
is the above identified Training "Trust Fund a;i^inisterod by the
Cl Y. The CC.iiP0iiAr1u:' there ore :ir:rt2ct:i tit;it
CITY to pay all or any part of the cornponsation 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 arnounts
of compensation du` 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.
5. 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 obliga-
tions 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 !,tanager terminates this Agreement, as above provided, all
documents, data, studies, reports or other written material
prepared by the CO)M)Of?ATION in connection with this :Agreer."ent,
shall at the option of the CITY j)e(:()rne the property of the CITY:
and the C011P011A'I'l o'; :,ha 1 ] , in ,uch c.vc nt , he (•nt i t ] (.•d to receive
just and equitable c o:;Ip n: ati on for the ,,crvices itre-
tofore have rendered :;uch c(u::ip-n.sa t i on not to exe(.-ed T,,-enty
Three Thousand Five Hundred 'Tu( my Dollars ('1-")3, c)20. ()0) .
6. This Agr,-t•::;c•nt may be tc r::•inatcd by i:.utual ;,j rc-(_•i:,c•nt
of the parties upon :>uch terms as r.:;ay be ::j;1-UL,d upon, pro%-idc-d
that if this Agreement is terminated prior to the c•or::I)letion of
the CORPORATION's :;ervic•es :is contemplated by this :Al;rc•ec;ent,
the aggregate compensation to mhich it may be entitled shall
83--. 13,
t
not exceed an amount which Dears the ,,ame ratio -o tl;e total
compensation provided by this 1F,r(,ernrnt to ;:ia, as the
services actually performed by the CORPORATION hear to the
aggregate of the services contemplated to be rendered by the
CORPORATIONd by this Agreement.
7. The CORPORATION covoriants that it pre_.,zently has no
interest and shall not acquire any interest, direct or indi-
rect, which would conflict in any manner or degree with
performance of the services required to be performed under
this Agreement. The CORPORATION furhter 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, includ-
ing both raw or source data, as well as evaluations , thereof,
shall be made available to any individual or organization by
the CORPORATION' without prior writ ton approval of the City
'Tanager.
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 pre-
pared under this Agreement. All of the said material shall
become the property of the CITY and the CORPORA'I'IW% Thall have
no claim of any nature whatsoever uPon the cork product, and
other -:\-ork rnat.i:ri al so to the C11"1; pi•ovi tied that
the C'011110R:,•I ION may pull i:;h, di:;< lo:>e, distribute. or c�thrr,\i:,e
use, in \`.hole or in part, :any data or other r::atterials
prepared under this A,;rc:cr.;�tit crlron \\ritt(n ::I;I,roval of the
City Mana,;er anti :;uch ipproval :=I;a11 not be
hol d .
10. The COHI)MATION'
::hall
be obl it;atod to
a:.:.ist,
in!�ofar
as praetic:thle and necessary
in
order to :eccumpli5h
the
pui•-
poses of the .Dove mentioned training program, all CITY
personnel and all other parsons participating in the project.
In carrying;
out
its
duties
.and responsihiI ities, the
alii ;,.,nLier
Life
.._; ice
i rainirig Po 1.1ch assi.
_anc e
as may be desirable and nece�;sary in :assuring the ;accompl i.;h-
ment 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.
13. CORPORATION shall indemnify and save the CITY harm-
less 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 all 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 be-
half. _
IN KITNESS 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.
83-113:
L
41:
�Sec�etary
Attest:
City Clerk
APPROVED:
_ KEMNETH 1. H 1R'.:S
CHIEF OF POLICE
VALL-AXT:1,13rAID -,ND
Bv , Ij
President �' Z
(SF,AL)
CITY OF `,11A',SI, a Municipal
Corporation of i.he Mate of
Florida
By: -- --
City ',tanager
APPROVED AS TO FORM AND CORRECTNESS:
JOSE R. GARCIA-PF.DROSA
CITY ATTORNEY