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HomeMy WebLinkAboutR-81-1019t y,. �a 1 RESOLUTION NO. g A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH VALLE"AXELBERD AND ASSOCIATES, INC. FOR THE PURPOSE OF PROVIDING JOB STRESS SERVICES FOR THE MIAMI POLICE DEPARTMENT, WITH FUNDS ALLOCATED THEREFOR IN THE AMOUNT OF $21,140 FROM THE STRESS CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION 14 TRUST AND AGENCY FUND. WHEREAS, the City is desirous of entering into an agreement for t job stress services with Valle-Axelberd and Associates, Inc.; and WHEREAS, the State of Florida has offered the City of Miami the sum of $21,140 from the State of Florida Law Enforcement Training Trust Fund for the purpose of obtaining job stress services; and WHEREAS, an agreement, substantially in the form attached hereto, has been reached between the City and Valle-Axelberd and Associates, Inc. for the purpose of providing job stress services to the Miami Police Department; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in substantially the form attached hereto, with Valle-Axelberd and Associates, Inc. for the purpose of providing Job stress services to the Miami Police Department, with funds therefor hereby allocated in the amount of $21,140 from the Stress Control Training Courses for Police Officers in Region 14 Trust and Agency Fund. PASSED AND ADOPTED this 10 day of DECEMBER MAURICE A. FERRE M A Y 0 R TEST: P�f RALP9 G. ONGIE, CITY CLERI PREPARED AND APPROVED BY: 4&'01 0-7. e&44C ROBERT F. CLARK DEPUTY CITY ATTORNEY AP:7 AS 0 F AN CORRECTNESS: GROR E F. KNOX, JR., ITY ATTORNEY . 1981. CITY COMMISSION MEETING OF DEC 1 01901 X$W"w . $ . �k1 5 . PROFESSIONAL SERVICE AGREEMENT THIS AOMMENT, made and entered into as of this daft of , 1581, by and between the CITY OF MIAMI , a municipal corporation of the State of Florida, hereinafter referred to as the "CITY", and VAhF,Ey11XELBERD AND ASSOCIATES, INC., a corporation, hereinafter referi:ccl to as the "CORPORA- TION": W I T N E S S E I: It WIiEREAS, the CITY has been awarded.tnonies 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 WHEREAS, the City Commission, by ("rclinance No. passed and adopted on day of —_ 1981, has accepted these monies and authorized and directed the City Manager to implement this trainingi program; and WHEREAS, pursuant to the training pi-ogram, the CORPORA- TION has agreed to render and provide tho professional service described in this Agreement: NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and in further consi- deration of the sum of Twenty Thousand, Seven Hundred and Twenty Dollars ($20,720.00) to be paid by the CITY to the CORPORATION, the parties agree as follows: 1. The CORPORATION agrees that during the period beginning October 12, 1981 and ending :tune 30, 1982, the CORPORATION shall provide and be fully responsible for the professional service and work product specifically outlined in the training program. In this connection, the CORPORATION shall: A. Maintain a forty hour training program that will help police officers to recognize and cope with job stress and that will address their individual needs in the areas of psychology, physiology, and nutrition h� Update the complete lesson plan prepared during the 1980-1981 contract identifying program objectives, teaching methods, -instructional aids; lecturers, and deliver same to the Miami police Department Training Unit prior to Jant..i;try 10 1982. it shall �— be the responsibility of th- CORPORATION to compen- sate any and all other persons whom they wish to ,1 utilize toward achieving the pcogram's objectives, { F forwarding copies of all vouchers to the Miami Police Department Training Unit monthly. C. Update the instructor's outl_ne covering the specific information that will be presented during the training program, and deliver the same- t:o the Miami Police Department Training Unit by �Innuary 1, 1982. D. Update and maintain tests for measuring the degrees of attainment of program objectives and for evaluating the overall program achievement., and each student's f 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 hour training sessions when the need dictates. G. Develop an individualized program for each of the program participants that will help them to success- fully deal with their own particular stress in a manner that will be beneficial to their jobs and personal health. H. Prepare an evaluation report upon the conclusion of the training program that will accurately reflect the degree to which objectives were met and the overall achievement, which shall be delivered to the Miami Police Training Unit prior to July 31 1982. The compensation to be paiA to the CORPORATION shall be the aggregate sum of Twenty Thousand :'even Hundred and Twenty Dollars ($20,720.00). Said sum shall be payable as follows: Nine Thousand Dollars ($9,000.00) shall be due and payable on January 11, 1982 and therer-iL-t-cr the balance of Eleven Thousand, Seven Hundred and Twenty Dollars ($11,720.00) shall be due and payable upon completion of all elements of this Agreement. 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 respo!isible for compensating other instructional personnel who are >>ti_lized to achieve the goals of the program. These other ins,.i-lictional personnel shall be paid by the CORPORATION at the Following rate per hour: Psychologist (2) $50.00 per hour Nutritionist (1) $40.00�per hour Physician M.D. (1) $50.00 per hour Physical Fitness Instructor $30.00 per hour Bio-Feedback Technician $30.00 per hour The CORPORATION understands that these funds are for the remuneration 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 Training Unit on the first Friday of each month. 3. The professional services and work product to be rendered and performed by the CORPORATION shall be rendered and performed to the reasonable satisfaction of the Chief of 3 - '" 1 01 . fir. � ;Y �, � �;► I 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 para- graph 2 of this Agreement shall be subject to such satisfac- tory performance. The CORPORATION recognizes that the source of the funds is the above identified Training Trust fund administered by the CITY. The CORPOPIVVION therefore agrees that the duty of the CITY to pay all or any part of the com- pensation to which the CORPORATION will or may be entitled pursuant to this Agreement, shall be crmif-.ingent on the receipt by the CITY of trust funds in an amount or amounts at least equal to the amount or amounts of compensation due hereunder. 4. The CORPORATION shall be deeineTl to be an independent contractor. No agent or employee of th(-i CORPORATION who may render, directly or indirectly, any ser-.-Ice pursuant to or in connection with the performance of the CORPORATION obli- gations 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 nny 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 obligations 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 expressly or impliedly required by this Agreement. 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 CORPORATION in connec- tion with this Agreement, shall at the option of the CITY become the property of the CITY: and the CORPORATION shall, 4 in such event, be entitled to receive just and equitable compensation for the services it shall theretofore have rendered such compensation not to exceed 'rwenty Thousand Seven Hundred and Twenty Dollars ($20,77.0.00). 6. This Agreement may be termdmaLed by mutual agreement of the parties upon such terms as ma}- h^ agreed upon, provided that if this Agreement is terminated hii«r to the completion of the CORPORATION'S services as contt-ml.Oated by this Agree- ment, the aggregate compensation to whip-h it may be entitled shall not exceed an amount which bears 1:11e same ratio to the total compensation provided by this 1+.greement to be paid, as the services actually performed by thy? CORPORATION bear to the aggregate of the services comtemplated to be rendered by the CORPORATION by this Agreement. 7. The CORPORATION covenants th:-F it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with performance of the services required to he performed under this Agreement. The CORPORATION furth:�r covenants that in the performance of this Agreement, no person having any such conflicting interest shall be employed by it. B. No report, information, data, etc., given or prepared or assembled by the CORPORATION under this Agreement, including both raw or source data, as well as evaluations thereof, shall be made available to any individual or organization by the CORPORATION without prior written approval of the City Manager. 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 CORPORATION shall 0 w'. 5 ' - 01 have no claim of any nature whatsoever tipon the work productf and other work material so surrendered to the CITY; provided that the CORPORATION may publish, diacl.ose, distribute or otherwise use, in whole or in part, any reports, data or other materials prepared under this j*greement upon written approval of the City Manager and such npi>ro'val shall not be unreasonably withheld. 10. The CORPORATION shall be ohlig1!ted to assist, insofar as practicable and necessary .in order to accomplish the purposes of the above mentioned training program, all CITY personnel and all other persons participating in the project. In carrying out its duties and responsibilities, the CORPORATION will render the Police Training Personnel such assistance as may be desirable and necessary in assuring the accomplishment of the purposes and goals of the training program. 11. This Agreement shall not be i!Lered or amended except by written instrument executed 1)�- both parties. 12. The CITY reserves the right to audit the records of the CORPORATION at any time during the-z 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 harmless 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 behalf. IN WITNESS 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. 6 0 $1 " 1 01 Q 1 k, Attest., Secretary Attest: City Clerk APPROVED: KENNETH I. HARMS CHIEF OF POLICE VALL1--•AX1 LBER0 AND ASSOCIATS5, INC. By, �President ' (SEAL) C11.1' OF MIAMI, a municipal Curpotation of the State of Fl-orida By: City Manager APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR. CITY ATTORNEY F E Howard tary j City Manager FROM: Kenneth S. Harms I' Chief of Police r r tjtY of MIAMI. PWRIoA MtM614ANDUM OAte: Nod ember fib, 1081 fILC SuBjEct• Resolution z Ordinance Valle-Axelberd and Associates,Inc.' REFERENCES: ENCLOSURES: I recommend that the proposed Ordince be enacted providing for an Agreement between the City of Miami and Valle- Axelberd and Associates, Inc. to pro- vide job stress services to Miami Police Department personnel. It is recommended that an Agreement between the City of Miami and Valle-Axelberd and Associates, Inc. be executed for the purposes of providing job stress services from funds allocated for same in the amount of $21,140.00 from the State of Florida Law Enforcement Training Trust Fund.