HomeMy WebLinkAboutR-83-01142
J-83-50
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RESOLUTION NO.���-,.�Alllk
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, SUBJECT TO THE CITY ATTORNEY'S
APPROVAL AS TO FORM AND CORRECTNESS, WITH
VALLE, AXELBERD AND ASSOCIATES, INC. FOR
THE PURPOSE OF PROVIDING PSYCHOLOGICAL
SERVICES, AS NEEDED, DURING 1983 TO
MEMBERS OF THE MIAMI POLICE DEPARTMENT,
AT AN HOURLY RATE OF $60, SAID CONTRACT
NOT TO EXCEED $36,000, 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 a Professional Services Agreement, subject to the
City Attorney's approval as to form and correctness, with
Valle, Axelberd and Associates, Inc. for providing
psychological services, as needed, to members of the Miami
Police Department during 1983 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 loth day of February, 1983.
Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
ATTEST:
R LPH ONGIE, CITY ER �`
l� C
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
` - CITY COMMISSION
SE R. GARCIA-PEDROSA MEETING OF
ITY ATTORNEY F u 1,� IT i
RESOLUTION NO,,,,,,,,,,,,,,
REMARKS: ............................
Aj
54
TO Mr. Howard V. Gary
City Manager
FROM Kenneth I. Harms
Chief of Police
CITY OF MIAM1. FLORIDA
INTER -OFFICE MEMORANDUM
DATE- �.1 ~ . "}j FILE.
SUBJECT: Psychological Services
Contract
REFERENCES:
ENCLOSURES: One ( 1 ) t
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 1983 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
Intervention Program, for 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 counseling, 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
budgeted 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 ldiami Commission upon your approval of this contract.
KIli: to
833-1.14:
4
S
i
f
THIS
AGREEMENT entered
into this --day
of ,
198_^, by
and between the "City
of Miami
hereinafter referred to
as the "CI'1'Y", and VALLE, AXELSERD AND ASSOCIATES, INC., 115 Madeira
Avenue, Coral Gables, Florida, 33134, hereinafter referred to as the
"PROVIDER";
ItiHERFAS, the DEPARTMENT is desirous of obtaining Psychological
services as described in Article III from the PROVIDER and the PRO-
VIDER is desirous of furnishing such services;
NOW, THEREFORE, in consideration of the premises, and the
mutual convenants and obli(3ations herein contained, and subject to
the terms and conditions her.ei.nafter stated,
The parties hereto understand and agree as follows:
AI:TICLE I
DEFINITIONS, PURPOSE
A. (1) "CITY" means City of I•Ii ami . "
(2) "PROVIDER" means Valle, Axelberd and Associates, Inc.,
115 Madeira Avenue, Coral Gables, Florida 33134
(3) 1712�:zlls Mi � lni Police D_-nortrwwnt.
B. PURPOSE OF AGRE1:MFNT
The purpose of the Agreement is to state the -convenants
and conditions under which the PROVIDER will irplement the
Service Del ivery/1-7ork Proc3ram as set forth in Article II
of this 7%greement.
l l"T I C LE It
:�}-:I.V1Cr 1)}•;J�IVI:ItY/1•;C`I:K 1'It��:;}:j.r.J
Tyre Sc.rvic.:e 1-101iVI-iyjt:c»•}; Pro,Jr.im r:nd T,i;.e Ttr:I F.iiI,J(-t is
att.:cl,cd to r:nd ,is pai t of this as (los-
cril,r-d in Attic:le Ill. '
'i he I i OV I DER will i l�l �_:�r•nt this r"d,i v I c-e ne 1 i y
Projr.-m des pre _,crib d in the J,rticle III in a rr-j.ner t`et_:-.t•d
satisfactory to the Dc'(�:�rl:;,r_nt. I:o Su vice Delivtt iy/1 oi-k riojiam
revi 5 i on, or .-:menc::-.ont t liul eof as nay hereafter 1.)e I i ep,�rc'd, offal l
be effective until ppluved by the nepartrt.ent.
63-?114,'
-------------
W
0 0
APT1CLE III
1 A AhFiivO Ali r . i'Mr.:� i
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 approved by the Department
or his designee. Requests for payment shall be submitted by
written invoice documenting time spent. Payr%ents 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, 1983 and shall
terminate on December 31, 1983. 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 SERVICE
(1) The PROVIDER agrees it shall provide the following Pro-
fessional 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. (on -going)
(b) Assist in the on -going development of supervisory and
management training programs.
(c) Provide psychological asse:,:;rnont of law enforcement
personnel for screening, pro::,otion or plac.(-c.r-nt of person-
nel within the Department, upon-4pecial rc-que.st I,}• the
Department. (on -going)
(d) Provision of :short-term :Advance Stress Counseling of
selected I ep:ir•tr:;ental per -onnel , and arr;:nilrernent for long -
toxin referral Minn appropriate. (on -going)
�
—1
1.14:
2
0
for case consultation on individual officers. (on -going)
M Other general consultation activities where psycho-
logical input may be required or revelant. (on -going)
(g) Services to be provided with confidentiality clearly
defined. (on -going)
(2) The PROVIDER agrees to maintain the following Con-
sulting Resources:
The PROVIDER as part of this contract agrees to uti-
lize and have as resources the availability of PROVIDER'S
staff for service to the Department. The PROVIDER's staff
consists of professionals from varied disciplines which
includes professionals from the different ethnic and racial
minorities found in the Miami co;;vnunity. specialists in
the fields of psychology, psychiatry, psychodi agnostics,
nutrition and exercise 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 activities. The major por-
tion of consultation services will be provided by Dr. 1;ark
Axelberd and Dr. Jose Valle who have been behavioral con-
sultants to various south Florida police depart;,ents for
the past several years.
D. BUDGET
The nt'part;n1_rlt wi 11 1 t- t.-ii n tl;e lc-i-vices of t 1,e 111WVI DER at
the r.tte of ,AxLy c'ol l,ii :; (; G0.00) r:n hour for the , ntire term of
said cent 1'11ct. The tot-11. %int of to 1,1,e I RGVIDER
.:ill nut
d
$';G,000.00.
The
P;•.CGVI1�}:R
is
ri_:.1 �•nsihle for ►wiin-
tc-tining a
lc;g .-.nd
of
rc110rts to Clle DiYector
of the Ti a i n i ng Unit, for r.n t ll l y act i v i t i os . P.:y:r.e nt s %:ill be r-;:(?e
to the
l'RGV I 1►1:R by the
on a
j,onthly
b .:. i s .If t er
the i c-
c(.!jpt
of appi opriate repui ts, as
specified
in
l.rticle Ill,
A.
I1.1:'i HOD OF PAYMENT.
83'M11. 14a
U
?.p'I' I C 1,E I V
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 CI'!'Y;
if it shall otherwise fail to perform an obligation or fail 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 Agree-
ment, shall at the option of the CITY, become the property of
the CITY; and the PROVIDER shall, in such event, be entitled to
t
receive just and equitable compensation for the services it shall
theretofore have rendered such compensation not to exceed the
maximum sum payable under the agreement.
ARTICLE V
I1:DEPF -.DENT CONTRACTOR
That the PROVIDER and its employees and agents shall be
deemed to be an independent contractor, and not an agent or em-
ployee of the CITY, and shall not attain any rights or benefits
under the Civil Service or Pension Ordinance of the CITY, or any
rights
generally afforded
classified
or unclassified
c::iployees;
firrther
he/she :.hall not
be
de(2771ed entitled
to Florida l orker's
Cc::^1-7ensation benefits as <:n r_r.,ployee of the c,i'I'Y.
10.'i'ICLE VI
CC,NFIACT OF 11: i f--�FST
J.
TLC th.:t !,o L'•C•r lion i is c:-�1r1y %:)io
ln-o •u77t ly cxc•rci :.rs .Ally funct ic,ns or i ti es in cc,rine•c-
tion ,:iill this has .:ny I-"-1!-ol"al fin.:ncial inter(-!>ts,
di i-vc: t or indirect, in ttli s ;,grec-:l.(.nt. The IMF:0V11)1:R fuz tlier j
co�•c•nrtnts that, in the performance of this hyrec;-,r nt, no it(•rson
l7sving ;:c7ch ccuiflictiiig interest shell be e::,ployed. 7,ny :,uch
83-114:
'.h^ part of the PROVIDER or its c:iployces, rust be
disclosed in writing to the C:14:'1'. the :....::....:,
mance of this Agreement, shell be subject to the more restric-
tive law and/or guidelines regarding conflict of interest pro-
mulgated by federal, state or local government.
ARTICLE VII
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'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 re-
tained any company or persons to solicit or secure this Agree-
ment and that they have not offered to pay, paid, or agreed to
pay any person or company any fee, co:rtmission, percentage, bro-
kerage fee, or gifts of any }:ind contingent upon or resulting
from the a%..ard 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 l,:ws.
1,}IT1 L I,E Ix
It is �-",t LC-d
th.:t the
by the 11J•:OVJDJ.R pursu.+nt to 0iis
--hall n,-,L 1.0
cy,':tcd
to i:ny other person ur f i rt-3 U-11Css the CITY 0.a 1 1 first c0;1r.(.nt
in
wr ling
to the
I)t2rfo,ir..-..ii e of such ::eiviccs c)r liltt t'1L-tI-•of
by
;-.nother
per=on
or firm.
83-11A
r,P.•I•TrT E X
CONSTRUCTION OF AGRi•;I- MENT
The parties hereto agree that this Agreement stall be con-
strued 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 XIII
NIOTI CES
Notices required under this Agreement shall be given to: -
For the City of Miami:
City ?tanager, City of Miami
3500 Pan %neri.can Drive, Miami, Florida 33133
For Valle and Axelherd and Associates, Inc.:
Jose Valle
115 Madeira Avenue, Coral Gables, Florida
Tnfoi jr.ati oral copies 3bal 1 be provided to:
Kenneth I. Harris, Chief of Police,
mi::mi Police nc�h.,rt::,cnt
00 N.W. 2nr3 J;iami, F fori(la
83--114,,
instrument and exact duplicates hereof to be executed in their
names by the persons thereto legally qualified.
ATTEST:
CITY CLERK
WITNESSES:
APPROVED AS TO FORM AND
CORRECTNESS:
JOSE R. GARCIA-PEDROSA
CITY ATTORNEY
THE CITY OF MIAMI
:A
CITY MIA' AGER
VALLE, AXELBERD AND
ASSOCIATES, INC.
DR. MARK AXELBERD
JOSE VALLE
APPROVED:
vw
KENNETH I. HARMS
CHIEF OF POLICE
83--114;