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Home My WebLink AboutR-82-0531RESOLUTION NO. 82`�.�3►31 A RESOLUTION AUTHORIZING THE (CITY MANAG;i-:R TO NEGOTIATE A CONTRACT TO EMPLOY THE PROFESSIONAL SERVICES OF VALLE, AXNLPERD AND ASSOCIATES, INC. FOR THE PURPnSE OF PROVIDING PSYCHOLOGICAL SENVICES DURING 1982 TO' ME MBERS OF THE M I AM I POLICE DEPART,11-.NT, WITH THE COST OF SAIL) CONTRACT NOT TO EXCEED $31 , `?00 TO BE PAID FROM THE 1981./1982 FY I3UIK;ETED GFNERA1, FUND; WITH SAID CONTRACT TO RE' SUB I `ITT:D TO THE CITY COMMISSION FOR ITS APPROVAL PRIOR TO EXECUTION TIIF,REOF . BE IT RF,SOLVED BY THE COMMISSION OF THE CITY OF MI.V1I, FLORIDA: Section 1. The City Manager is hereby iutho ri.,od to nogot i;►te a contract for professional 4ervi ces with the Valle, :lxelberd and Associates, Inc. for the purpose of providing Psychological Services to vicribers of the 'Ii;►mi Police Depart- ment during 1982 with the total cost of said contract not to exceed $31,200, which sum is horeby allocated from the 19811 1982 FY budgeted General Fund; :,aid contract to be s;ul,mit ted 10 The City Comrnitision for its appr()val prior to cxk'cuiioll thereof . PASSED AND ADOPTED this 17th ._day Of June- �, 1982 . MAURICE A. FERRE - --- - - -- Al A l' O - R --- - -- ------------ t: LPII G . ()NG I E - --- C I TY ('I I.IILK Pt?I -l 1) 1M) A1'1' ' )1 ED I-',l': 1? a 111",-E ' L:1 R K - - ._ -- ASSISTA'\'T CITY ATTORNEY :1I'I'EOVI D AS TO FORM AND CON10-c"TNESS : /�' "� - ;7- -11t '-k GI ()P6V Y. KNOX SIR. i CITY 1'1 T ►PNEY CITY COMMIS MEE71NG 09 CITY OF MIAMI, FLORIDA ` -) INTER -OFFICE MEMORANDUM TO Howard Gary City Manager 4.tj, FROM Kenneth I. Harms Chief of Police DATE Mf•: �;`2 FILE FIN 7 SUBJECT Psychological Programs Consultant Contract REFERENCES ENCLOSURES Attached is the proposed contract with the firm of Valle Axelberd and As- sociates Incorporated, to provide psychological services for the various psychological and stress programs offered by the Miami Police Department to its personnel. This relationship has been in existence for the past three years and has been very beneficial to the City of Miami and its Police Department. The program has received national acclaim and resulted in very positive out- comes in employee retention and attitude adjustment. The programs in- cluded for service within this contract are the post shooting counselling for officers involved in shooting incidents, individual counselling serv- ice for those personnel identified either formally or informally (volun- teering) by supervisory and command personnel within the Police Depart- ment, family and group counselling which may arise from the individuals referrals and a 24 hour crisis service center for personnel experiencing a variety of difficulties. The attached contractual document is intended to continue this service for fiscal year 81-82. The indicated total cost of this service is $31,200, which will require formal City Commission action. Section 18-54 of the City Commission Charter provides for an exemption from the bidding process for professional services such as indicated in this agreement. This procedure has been followed in previous years and is requested for this fiscal year. Therefore, this memo is submitted for your approval in scheduling for submission before the City Commission at your earliest convenience. KIH:gg 82-531'. 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 PRO- VIDER is desirous of furnishing such services; NOW, THEREFORE, in consideration of the premises, and the mutual convenants 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 )-1'D1TT.R'II4ENT" means Miami Police Dervrty ent. B. PURPOSE OF AGREEMENT The purpose of the Agreement is to state the convenants 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/V7ork Program and Line Item Budget is attached to and incorporated as part of this Agreement as des- cribed 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. 82-5 31`" 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 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 Jan. 1, 1982 and shall terminate on Dec. 31, 1982. Services will be provided by PROVIDER as needed at an hourly rate of Sixty Dollars ($60.00) not to ex- ceed Thirty -One Thousand Two Hundred Dollars ($31,200.00) 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. (on -going) (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 per- sonnel 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) 82-E a l- z it (e) Work in conjunction with the personnel department for case consultation on individual officers. (on -going) (f) 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 community. Specialists in the fields of psychology, psychiatry, psychodiagnostics, 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. Mark Axelberd and Dr. Jose Valle who have been behavioral con- sultants 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 $31,200.00. The PROVIDER is responsible for main- taining 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 re- ceipt of appropriate reports, as specified in Article III, A. METHOD OF PAYMENT. 3 82-5 31-- 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 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 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 INDEPENDENT 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 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 connec- tion 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 4 82-531`_ interests on the part of the PROVIDER or its employees, must be disclosed in writing to the CITY. The PROVIDER, in the perfor- mance of this Agreement, shall 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, commission, percentage, bro- kerage 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 CITY shall first consent in writing to the performance of such services or any part thereof by another person or firm. .10 ARTICLE X CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall 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 NOTICES Notices required under this Agreement shall be given to: For the City of Miami: 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 6 82-5317 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. ATTEST: CITY CLERK WITNESSES: APPROVED AS TO FROM AND CORRECTNESS: G GE F. KNOX, JR. CI ATTORNEY -- - THE CITY OF MIAMI -74 CITY MANAGER VALLE, AXELBERD AND ASSOCIATES, INC. DR. MARK AXEBERD 4•••6"Ally KENNETH I. HARMS CHIEF OF POLICE 7