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Home My WebLink AboutR-82-0395RESOLUTION NO. 8 2` 3 9 5 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO PROFESSIONAL SERVICES CONTRACTS WITH BELAFONTE- TACOLCY AND WITH YOUTH CO-OP, INC., IN SUBSTANTIALLY THE SAME FORM AS THAT ATTACHED HERETO, TO PROVIDE COM- PENSATION FOR THE ADMINISTRATION AND OPERATION OF THE SUMMER YOUTH EMPLOYMENT PROGRAM-CETA TITLE IV. WHEREAS, the City of Miami, Department of Recreation has con- tracted, per Resolution No. 77-585, with the South Florida Employ- ment and Training Consortium for providing a Summer Youth Employment Program through CETA Title IV funds in the amount of $699,300; and WHEREAS, Belafonte-Tacolcy and Youth Co-op, Inc. are located in the areas targeted for the Summer Youth Employment Program and are established agencies experienced in youth services; and WHEREAS, the City of Miami, Department of Recreation, with the approval of the South Florida Employment and Training Consor- tium, has agreed to oversee the Summer Youth Employment Program activities allowing Belafonte-Tacolcy and Youth Co-op, Inc. to manage programmatic implementation, management, and operation of said; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MAIMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a professional services agreement in substantially the same form as that attached hereto for compensation for services and fa- cilities for provision of the Summer Youth Employment Program with Belafonte-Tacolcy and with Youth Co-op, Inc. with funds in the amounts of $435,045 and $234,255 from CETA Title IV Summer Youth Employment Program grant. PASSED AND ADOPTED this llthday of May , 1982. Maurice A. Ferre M A Y 0 R R PH G. ONGIE, City Clerk PREP*ED AND APPRVEDI�, BY : r JOR E LUI FERNAND,EZ Ass stant City Att rney APPROVED AS TO-FBRM AND CORRECT OVCORRECTNESS: /�R GEORGE F. KNOX, JR., City Attorney Crry COMMISSION MEETING OF MAY 1I1 3 REIOUI r" M0.,..,,r 3 V CITY OF %11A 52 I�iF-f?-GFFICr iv;Ei�IORAPJ(�VLI T Howard V. Gary April 30, 1982 FILE City Manager Recommended Professional / Services Contracts-SYEP // (For Commission Action) ho., Albert H. Howard, Director �cFr-^;. _s Department of Recreation L It is recommended that the City of Miami enter into professional services contracts with Belafonte-Tacolcy and Youth Co -Op, Inc. to provide compensation, in accordance with the attached, for the Summer Youth Employment Program-CETA Title IV. The professional services contracts between the City of Miami and Belafonte- Tacolcy, and the City of Miami and Youth Co -Op, Inc. are to provide compen- sation for the following: 1. Management of clients and worksites 2. Percentage of designated agency personnel time 3. Office space and equipment usage Belafonte-Tacolcy will provide said services for 405 participants. The total contractual costs for Belafonte-Tacolcy are $435,045.00, four hundred and thirty-five thousand and forty-five dollars. Youth Co -Op, Inc. will provide services for 221 participants and the total contractual costs are $234,255.00, two hundred, thirty-four thousand, two hundred and fifty-five dollars. It is recommended that the City Manager be authorized to enter into the proposed contracts per City Resolution #77-535 (attached) in order to secure described services for the maintenance of the Summer Youth Employ- ment Program. AHH/CGA/mf Encl. 82-395 PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT, made and entered into this 12th da�, of April, 1982, by and between the City of miam:;., a nanicipal ' corporation under the laws of the State of Florida, (herein- after referred to as the "CITY") and Youth Co --Op, 1-ic. , (hereinafter referred to as the "CONSULTANT") , to effective April 12, 1982. WHEREAS, the City of Miami, is desirous of obtaining the services of a consultant to provide "Employment Super- vision and Counseling" services to participants in the Summer Youth Employment Program, and WHEREAS, the CONSULTANT agrees to render Employ:.ient Supervision and Counseling to participants i.n the Ssiama� Youth Employment Progran, Department of Recreation, 21":V of Miami. NOW, THEREFORE, in consideration of the- ?:ut-.: al :::ove- nants and agreements hereinafter set forth, thv parties hereto covenant and agree as follows: THE CONSULTANT AGREES: 1. To defend, indemnify and save harmless t%c CITY against any and all claims, suits, actions for damages or causes of actions arising during the term of this agree,:;er.t, for any personal injury, loss of life, or uam::�e t� pro- perty, sustained by reason of or as a result of the co-:sai- tant's agents, employees, or workmen, carelessness of 1—egli_ gence; from and against any orders, judgements or docree which may be entered thereon; and fro;n and againsc all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, in t:.e investigation thereof. 2. That during the period of April 12, 1932 September 30, 1982, the CONSULTANT (S) shall Lirovidc ;.•3 i ., fully responsible for providing the fol lowi:zg profe-:::. :)r.al 82-385 Alk services to 221 participants; Individual or Group a. To provide part-time employment for Summer Youth Employment Program participants. b. To provide supervision and counseling services for Summer Youth Employment Program participants. c. To provide Summer Youth Employment Program infor- mation and guidance to the work sires wherein tho participants are placed. d. To provide adherence to (as it pertaina) "c t' Summer Youth Employment Program contractual aree- ment between the CITY and the South i'lorici�_ Employment and Training Consortium, said cc._t:zac- tual agreement is hereby mado a (-:L thi6 ccr.- tract as fully as though it wer` herein sot forth at length. THE CITY AGREES: 1. Payment shall be based on reim'aursc.ment r,::.fucst submitted periodically by the CONSULTAI:T. Tl:e CGNSL:*Tr4\^ shall be paid $234,255.00. Said amount shall consz:itutt.� full compensation for the consultation for t::E Employment Supervision and Counseling and the aork product specificaz herein. 2. The maximum compensation to be paid to the CONSUL- TANT under this agreement shall be tine aggregate sum of Two Hundred, Thirty -Four Thousand, Two Hundrec and Yirty- five Dollars ($235,255.00). At such time as the amounts billed to the CITY reach this total, the contract shall be immediately terminated, unless, extended by mu -.:,.:al agrt;:cinent. nnmu DA DTTRC hnUP '. 1. That the Employment Supervison and Counseling and. work product to be rendered by the CONSULTANT shall be satisfactory to the designee from the Department of Recrea- 2 82 -395 r f* tion, City of Miami, and shall be to his approval. 2. That the term of this contract shall be April. i 2, 1982 to September 30, 1982. 3. That the CONSULTANT shall be decin,:d to 'r- an independent contractor, and not an agent of employee of the City of Miami, and shall not attain any righhts or be:iefits under the Civil Services of Pension Ordinance of the Cici of Miami, or any rights generally afforded classified or unclassified employees; further, she/he shall not be - entitled to Florida Workmen's Compensation benefits as an employee to the City. 4. That this contract may be altered or ;zue ndeu onl,• upon the written consent of both parties hereto. 5. If, through any cause, the CONSULTANT to perform in the proper manner his obligations contract, or if the CONSULTANT shall violate t.hc. covenants, agreements, or stipulations of this coritracc t:ec City Manager shall thereupon ;have the right to this contract by giving written notice to the CG +S i ii.t�l or such termination and specifying the e-fective .:ate: oL- SL;'ci. termination. In that event, all finished un �a'r.ed documents, data, studies, and reports or in�xt� '_ ial �crc��arec. by the CONSULTANT under this contract shall, at the j�)tion of the CITY, become its property and any satisfactcry wor completed on such documents and other materials. N:=twitn- standing the above, the CONSULTANT shall not b relieved o= liability to the CITY for damages sustained by the CI1'Y b;: virtue of any breach of agreement by the CONSULTANT for the purpose of setoff until such time as the exact arroun.c of damages due the CITY from CONSULTANT is determined. 6. All obligations under this; Agreemant shall c_ contingent upon the availability of funds from the Unit::,:: States Department of Labor, South Florida LmployM,;-it and 3 Training Consortium, and in the event that those funds are withdrawn,.this agreement shall be modified so as to reflect the changes in the availability of the funds. In the ov,ant, such shall be without penalty to the CITY. 7. All writings, diagrams, tracing, charts, and sche- dules developed by CONSULTANT under this Agreement, shal.1 be delivered to the CITY by said CONSULTANT upon completion of the WORK and shall become the property of the CITY, wthout restriction or limitation on their use. CONSULTANT agraet; that all documents, records and reports maintain,-�d and generated pursuant to this contractual relationship bct,aee:z the CITY and CONSULTANT shall be subject to all �.rov:tiians of the Public Records Laws, Chapter 113, Florida SL It is further understood by and betw,.2c:, the that any information, writings, maps, contractocu:a`.zts; reports or any other matter whatsoever whic:: is j i,. `n t1- _. CITY to the CONSULTANT pursuant to this Agreement- shall at all times remain the property of the CITY anC4 snail :,_:t hc. used by the CONSULTANT for any other purposes without the written consent of the CITY. 8. 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 zc pay, paid, or agreed to pay any person or company any fee, corn - mission, percentage, brokerage fee, or gifts of an;,, kind contingent upon or resulting from the award of maki::, t _J s Agreement. The CONSULTANTS are aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Arti- cle V), Dade County, Florida (Dade County Code, S, ctior_ 2-11. 1) and the Florida Statutes, and agree that tlh:ay will fully comply in all respects with the ter;rs of said lags. 9. It is understood and agreed that the obligations 4 82-393 i undertaken by t44 CONSULTANT pursuart to 'is Ag:re:�'nent shall not be delegated to any other person or f ir.� unless the CITY shall first consent in writing to the performance of such services or any part thereof by another person or f irm . 10. The parties hereto agree that this Arreemen.- shall be construed and enforced according to the laurs, statute-z and case laws of the State of Florida. 11. This Agreement shall b�� binding upon the 1., herein, their heirs, executors, legal represeatatiieb. successors, and assigns. 12. The CITY reserves the right to audit tt:e- rccorc's of the CONSULTANT at any time during the ptarformance of this Agreement and for a period of one year after f 4 . n a 1 pa.t::en IL is made under this Agreement. 13. The CONSULTANT covenants that no pers.n un.:.�f i� employ who presently exercises any bilities in connection with this Aarec,nent iiati u,:• p�r�on�i financial interests, direct or indirect, in t::is Acreeii%• r.._. The CONSULTANT further covenants that, in the of this Agreement, no person having such conflictin, shall be employed. Any such interests cn :he ,gar of th:. CONSULTANT or its employees, must he disclosed in airi .1r.3 the CITY. The CONSULTANT, in the perfori7arce of this shall be subject to the more restrictive law and/or regarding conflict of interest promulgated by fedr, ral: scats: or local government. IN WITNESS WHEREOF, the parties hereto have ce:,_isud these presents to be executed by the respective otfir_ias thereunto duly authorized, this the day and year first a'a•:,vr: written. WITNESS: Secretary ATTEST: Youti' Co-C-P . , Inc. Miami, Florida By: CITY OF tIIF c`T , a t'un is ir. i corpo- ration of tiic State of rlor_da RALPH G. ONGIE, City Clerk 116',tiARD V, GtiK'i, City Man:..;er APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR., City Attor'ey . 82 -395