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Home My WebLink AboutR-81-0961RESOLUTION NO. x 9 6 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTAN- TIALLY THE FORM ATTACHED HERETO, WITH DENNIS A. VINTON, INC. FOR PROFESSIONAL SERVICES AS A TRAINING AND EVALUATION SYSTEM CONSULTANT, IN CONJUNCTION WITH THE STAFF TRAINING FOR ADAPTED RECREATION (S.T.A.R.) PROJECT, WITH FUNDS THEREFOR IN THE AMOUNT OF $10,000 ALLOCATED FROM THE DEPARTMENT OF LEISURE SERVICES PROJECT S.T.A.R. GRANT FUNDS. WHEREAS, the City of Miami Project Staff Training for Adapted Recreation (S.T.A.R.) will develop and implement a Full Spectrum Participation (FSP) Training Module applicable to regular park and recreation personnel which will enable recreation to become a part of the life experience of handi- capped children and youth; and WHEREAS, the City is desirous of obtaining professional consultant services in planning, training and evaluation in accordance with an FSP in-service training approach; and WHEREAS, the Code of Federal Regulations 100a.105 allows local governments to negotiate for procurements if the service to be procured is available from only one person or firm; and WHEREAS, Dennis A. Vinton, Inc. is the sole developer of the FSP approach in in-service training; and WHEREAS, the U. S. Commissioner of Education has approved negotiations in the amount of $10,000 for this purpose and has allocated same to the City; 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 Dennis A. Vinton, Inc. for professional services as a training and evaluation system consultant in conjunc- tion with the Staff Training for Adapted Recreation Project (S.T.A.R.) with funds therefor in the amount of $10,000 hereby allocated from the Department of Leisure Services Project S.T.A.R. Grant Funds. CITY COMMISSION MEETING OF NOV 1 2 1981 l RESOLUTION is.. a I F. ...,.. J E: I PASSED AND ADOPTED this 12 day of November 1981. MAURICE A. FERRE M A Y 0 R ATTEST: R PH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: _zeds ;z. ROBERT F. CLARK DEPUTY CITY ATTORNEY AP ED AS 0 FOR AND CORRECTNESS: GEO' E F. KNOX, J CITATTORNEY -2- 9 81-961 _ 29 c1-Y or b11AP•11. FL7?IDA / t �•IT' H-Or f't ;: �-f� �t•�c_ �,ti•cv U!J?s 23 p ' Howard V. Gary �� 0� ,,..� r,! September 29, 1981 City Manager A Resolution Authorizing / the City Manager to Enter ��•�� (�n✓ n�-�'--- Into an Agreement Albert H. Howard, Director Department of Leisure Services IT IS RECOMMENDED THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO AN AGREEMENT WITH DENNIS A. VINTON, INC., AS A TRAIN- ING AND EVALUATION SYSTE14S CONSULTANT FOR PROJECT S.T.A.R. (STAFF TRAINING FOR ADAPTED RECREATION). Project S.T.A.R. (Staff Training for Adapted Recreation) is funded by the U.S. Department of Education, Office of Special Education to develop and implement a Full Spec- trum training model that is applicable to regular park and recreation personnel which will enable recreation to become part of the life experience of disabled citizens. The contract with Dennis A. Vinton, Inc. will enable t11e Department of Leisure Services to implement a sub -contract for the evaluation of the Project S.T.A.R. in-service training program. Ten thousand dollars ($10,000.00) has been allocated by the U.S. Department of Education for this purpose. This is the fourth year continuation of a four year grant, and the contract for a training and evaluation systems consultant is renewed each year. 1 The Code of Federal Regulations 100 a. 105 allows local governments to negotiate for procurements if the service to be procured is available from only one person or firm: and Dennis A. Vinton, Inc. is the sole source developer of the Full Spectrum Participation approacli to in-service training. It is the recommendation of this Department that the at- tached resolution be adopted. AIlti/?;CS/za 0•81-961 PRO!'ESStOtiAL ;�t�IZVTt;I;:� �r;"';I;�II;tIC This Agvr,r2r;lollt macde s, this 1t cl,l)� of Jclrlr., 1�Stby an l — between the CLTY OF MIAMI, mulltr_ipal. und.,r the laws of the St,-.it,2 of FloriiLt (her_e,inaF1:- r "CITY") and DENNIS A. VINTON, INC., a State of r,,�ntucky Corpor.:ttion (hereinafter referred to as "CONSULTANT"). — WITH1,SSE T11: — 11HERGAS, the Ct'CY has etstere(I into a contract With M]NNIS VINTON, INC. to c.)E)tain professional services ill rQ, ieal"ch, planning, and evilluation of the Staff- TraLning for Ada,pb3d Recreation (S.T.A.R.) Project in acrr�rdallc,e wills a Full Spectrum Participation (FS!') in-ser_vb e approach, arld WHEREAS, the CONSULTANT has developed and provider s pro- fessional collsl.11t.-irit services as de -Scribed elsewhere her.eill which llave proven of value to Project S.T.A.R. and has dernon- strated of Cf3ct.iveness and qualifications to provide these services; and WHEREAS, tile CITY is desirous of oiltaining sl.lcll sel_wices of the CONSUITANT and the CONSULTANT is desirous ref furnishing such services. NOW, THERl F'OC;E, in consideration of tile mutual covenants and agreements liereinaf_t-er set fortis, the parties lle.reto covenant and ag ree as fol lows : AWPICC,h) I _—PRO: F_SStc)Nr,I,_,1;►tVic_I;�; It .is unr:lerstood til•al, the CONS111,TANT will provicde the following services for the CITY: 1. To provide assistance in the development and im- plementation of follow-up action plans rlosigned to test the Project S.T.A.R. Full Specl.rilin Participation (FSP) train- ing model. 2. Prepare and llr.cwid(-- cl.at_a c0ll,�etir)n instrunlvnt to he utilizerd a:, ill evall.lstion of the ef_fectivolless of the Project S.T.A.R. trailllllg guLde ,111LI instroctLQnal nl-iterials. 81-961 A 3. f,va1i.iate the cifFecttvoiies:; )F ':'i,' 11rojest S.T. A.R. training (guide awl related instructional r7.it Trials. 4. Based on the results ;)f the ('valuation condoct(3d under ,13 above, make final revisions in thy! t.l-.itni.ng gui.Jo ri,i luscript and prepare final copy. 5. Assist in the planning and conducting of a two (2 ) day regional conference to demonstrate_ and di..ssominatr? the Project S.T.A.R. training model and instruction materials. G. Prov.idr� training and technical assistanc(2 to the Project S.T. A. R. Staff totalling not less than thirty two (32 ) contract hours. ARTICT,H� 11: EFFI,CTIVF 'CE'Rrt Roth parties agree that the eEEectLvf� term of this Agree- ment shall be made from June 1, 1981 to May 31, 1982. ARTICLE III: CONSIDERATION Payment shall be made in accordance with these procedures as outlined below: The CITY agrees to compensate the Cn;dSULTANT a fixed fee of ten thousand dollars ($10,000.00) to be paid on a quarterly basis in four (4) equal paymenL-s of twenty-five hundred dollars ($2,500.00) beginning August 31, 1981. This fixed fee shall be total compensation for all services provided under this Agree- Inent. The CONSULTANT shall provicae an invoice to the CITY each quarter and it shall incl rh(le a (lescripti.on of: services provided, and additional information as re:juested by the CI'CY. If an invoice is questioned by the CITY, the CITY shall notify the CONSULTANT in writing within seven clays of receipt of the invoice and inutual agre-ement shall beresolved before payment i_s made. Unless the invoice i.s questioned by the CITY as provided for above, payment shall he nade in fllll ihy the CITY within thirty (30) days after- rece tot- of: invoice from CONSULTANT. r w It is unRl rsLe)od all(I I)y t-hl i, lrtLeS 11,3re�to that all notices wi1J.eJh may arrive it, cot"W(71-iOtl WtL" il1LS AcJree'Inent shall bee consia,�red sufficLe-nnt when ina,le! in eari.1Jnq and mailed or delivere3:l in person, Lo the-, •ZL.`porpt:t-Ite' riciclt-�_ISS Of: Lhu, re— spective party: FOR CITY: Kevin C. Smith Acting Program Coor_eii.natol: C()t: the.3 (i.ln:lic,-Apped City of. Miami, DeparLcae."nt ,of L(Ast_lre S,3r.vices 2600 South Bays1101:0 Dr.iv`_ Miami, Florida 33133 FOR CONSULTMiT: I)ennis A. Vinton, Pr 3s Ld--rit- Dennis A. Vinton, Inc. 109 Vicewo(A Drive Nocholasville, Ke ntuc!v, e10356 ARTICLE' V: PU13LIC RECORDS LA.7 CONSULTANT agre(3s Ulat all docl11n(311LS JIMA r_e1p,)rLs prepare-1 and maintained by CONSULTANT, urlcler the contract, shall be sub- ject to provisions of Public Records L,l•::, C11::11)t�r 119, Florida Statutes. AR'11CLG V1: TERMINATION O[' AGREP:'1t;tl'L' The CITY. retains thc-, right to te.rrninate this Agi.oel*lent at any time prior to completion of services without pe�rlal ty to the CITY. In that everit, termination of this Agre oinent shall be made in writing to the CUNSULTANT and the C(-MISUL'I'AN'I' shall be paid through the me)rlt;l in whi.cll t.he3 Agrc,e mont is te3rrninated provided, however, that the CONSULTANT is not: in e1e31-atl1t under the terms of this Agreemant. Should the contract 'Ue terminated in this manner and under ti1Ls provision, the CONSULTANT shall not he entitled t(:) the entire %lmount of the fete remaining, but only to sric h ui) to Zlncl i.nr.1 uclin(3 the month of termination. AI2TIc:1,1; VI1:: Atl[:;dl)i1C11'!'.`i The CITY may, 3t Its eliscr-'_tic)", anotl,l Lhio, Agr-3Ct'1,211t to 3 81-961 Co11Ec)1"tn litii Chan jes Ln appI it,?!`lL' (:; ' ', (' )dill"', it.1tr2 :Itl(.l Federal laws , Itrr'_ct.ivr's, g-Iidr?ll.nrr, Ir"{ -�I) jt);,tiv(2s. ,qo s arnendiictits to Uits Agreement s1vil 1 i)? hi nJing on oithey: party unles:3 in wr_ tting and signod by bc,th parttes. Sucll amendments shall b•2 i.ncorporaLed .Is i,:ir'- of 1_Ilis Agree'nolit upon review, approval and execution by the Dart •Les hereto. _ APTICLh VIII: OWNE'RSIIiI) OP DOCUIIFENTS — All plans, proposals, reports, rlocmionLs, research materials and other_ data developed as %1 rf-: cult of: this Agr(2(2- ment shall becomo the property of the CITY without res-tr_ iction or limitation on their use. It is further stil),.11ate(i that all information developed as part of the project shall not be used by the CONSULTANT without wrttt,-;rn corisc)nt of the CITY and that no press release or pubUcitY is to b(2 Issued by the CONSULTANT without prior subrlittal to the CITY and written approval from the CITY. It is further understood by and betwe-,gin the parties that any informationi, plans, reports, documetiL-s or any other_ matter whatsoever_, which is given by the CITY to tile CONSULTAth pur- suant to the Agreement shall at all times remain tile- property of the CI`>_'Y and shall not 13e usod by the CONSULTANT for any other purpose whatsoever without the written consent o.E the CITY. ART.ICIA-" IX: CONFLICT OF INTE'RUST COMPLIANCE' The CONSULTANT warratits that: to the •1)(2st of his }:nowledge and belief no Commissiorlulr., Mayor or Other oflicer or employee of the CITY is interested dir:t2ctly or in(Urectly in tile- profits or emoluments of this Agreement and that Et.Ill compliance shall be given to all aspects of th(. conflict of inLer.est labs of the City of idlalni, Dade COLltlt' i1nd till' .t•3t(3 ( FlUCtda. ART ICLL X: INDENN IP ICATION Tho CONSULTANT shall dr2fcnd, indC.`rlintry=111(.l :i 111r' h.lr�nle is the CITY against any and all claitn!3, suits, �1CtiO[IS for d,31I1ag(2:; or action arising during tilt_' t('r;ii of: this A:�r?(�ini?llt, for drly 4 n personal injury, loss of life, or r-•) I,rr)pr2r. t, SU:;t:a ined by reason of or as a re -Still: ()f tlicem- ploye(2s, or workmen) c,arelcissriess 01: 1-.1l.i.l'ricr� itid against - any orders, judginctts or decrees whic!i -lay he oiiLl�r.r_cl th!2reon; and from and against. all sucli claims •1ri(l the i nve-stitjatior, thereof. AI?'rlCl,i; XL : O-OrlSTlt(jC'C LUtd OF I1C�RCI�"1t;11'^ The par.tirs hereto agree that this ,1-_Erc�i2m�nt shall be construed and enforced according to Lhe la:as an.l St•�t��l:��s or the State of Florida. IN WPLMESS WHEREOP, the parties hereLo h..ive cxectiLerl this Agreement ------------ `lay of --------- THE CITY OF tIIAM, I rnurticii;al corporation Of the State: of Florida FI!�'7t1t?7 V. GARY, J► . , CITY t1I1t�AGER ATTEST: • CITY CLERK -- ATTEST : --SI.CRGTARY --- -'------ By I�c,NN.LS-A. VINTON, Prest(Jent and authorizoti to F:�:,�c�tll.,� • :letltS For DENNIS A. VINTON, INC. APPROVED AS TO FORM AND CORRF(,TNF"'—DS,: CO RPORA7'1; SI;At, CITY ATTORNEY 81-961