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HomeMy WebLinkAboutR-79-076333 itlf RESOLUTION NO. - 7 6 3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT BETWEEN THE CITY OF MIAMI AND THE COUNSELING AND STRESS. CONTROL CENTER FOR THE PURPOSE OF CONDUCTING STRESS CONTROL TRAINING COURSES DURING 1979 - 1980 FOR POLICE OFFICERS IN DADE AND MONROE COUNTIES. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute the attached contract between the City of Miami and the Counseling and Stress Control Center for the purpose of conducting Stress Control Training courses during 1979 - 1980 for police officers in Dade and. Monroe Counties. PASSED AND ADOPTED this 8th day of NOVEMBER ATTEST: H 7 ONGIE, CITY CLE PREPARED AND APPROVED BY: &m,if THOMAS H. CONNORS ASSISTANT CITY ATTORNEY 1979. MAURICE A. FERRE MAURICE A. FERRE MA Y OR ED AS TO FORM AND CORRECTNESS: F. KNOX, CIT TTORNEY `DOCUMENT INDEX ITEM NO "SUPPOR DOCUMENTS FOLLOVV" CITY COMMISSION MEETING OF NOV8 19T9 �oumoN Not 9,' 7 6 •..••..a.•..�..�•..w.�.. 33 CITY Or MIAMI. FLORIDA INTER -OFFICE MEMORANDUM FROM: Joseph R. Grassie City Manager Kenneth I. Harms Chief of Police Background: The Resolution -authorizing the City Manager to execute the above Contract is necessary in order for the City 'to accept the State funds from the Law Enforcement Training Trust Fund. DATE. SUBJECT OCT 3 0 1919 REFERENCES: ENCLOSURES: f1LE FIN 7 Contract:- Counseling and Stress Control Center I recommend that the Resolution authorizing the City Manager to execute the Contract between the City of Miami and the Counseling and Stress Control Center be passed. (C) Prepare an instructor's outline covering the specific information that will be presented during the training program. (D) Develop a test for measuring the degrees of attainment of program objectives and for evaluating the overall program achievement, and each students progress so that a final grade for each student can be determined. (E) Conduct twelve 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 successfully 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. 2. The compensation to be paid to the CENTER shall be the aggregate sum of twenty nine thousand two hundred and twenty dollars ($29,220.00). Said sum shall be payable and at the times hereinafter provided. Seven thousand three hundred and five dollars ($7,305.00) shall be due and payable on September 21, 1979 and thereafter the same amount ($7,305.00) shall be due on December 14, 1979, March 14`, 1980, and June 2, 1980. Each such payment shall be made to the Counseling and Stress Control Center, and shall be delivered through the Training Unit (Room 327) at the Miami Police Department, 400 N.W. 2nd Ave., Miami, Florida. The CENTER shall then be responsible for compensating other instructional personnel who are utilized to achieve the goals of the program. These other instructional personnel shall be paid by the CENTER at the following rate per hour: Psychologists (2) @ $40.00 per hour Nutritionist (1) @ 30.00 per hour. Physician M.D. (1) @ 50.00 per hour -2- July 31,' 1979 THIS AGREEMENT, made and entered into as of this day of November, 1979, by and between the CITY OF MIAMI, a muni- cipal corporation of the State of Florida, hereinafter referred to as the "CITY", and the "COUNSELING AND STRESS CONTROL CENTER", a partnership, hereinafter referred to as the "CENTER": W ITNESSETH WHEREAS, the CITY has been awarded monies from the State o 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 Ordinance No. passed and adopted on day of November, 1979 has accepted these monies and authorized and directed the City Manager to ' implement this training program; and WHEREAS, pursuant to the training program, the CENTER has agreed to render and provide the professional service de- scribed in this Agreement: NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and in further considera- tion of the sum of twenty-nine thousand two -hundred -twenty dollars ($29,220.00) to be paid by the CITY to the CENTER parties agree as follows: 1. The CENTER agrees that during the period beginning Sept. 21, 1979 and ending August 30, 1980, the CENTER shall provide and be fully responsible for the professional service and work product specifically outlined in the training program. In this connection, the CENTER shall: (A) Develop 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. (B) Prepare a complete lesson plan identifying program objec- tives, teaching methods, instructional aids, lecturers, and other resources necessary to insure a well organized program. It shall be the responsibility of the CENTER to compensate any and all other persons whom they wish to utilize toward achieving the program's objectives. 79-76:3. 0 Physical Fitness Instructor @ $25.00 Bio-Feedback Technician @ 15.00 Research Assistant @ 15.00 The CENTER understands that these funds are for the remuneration of instructional personnel only, and that any unpaid monies which remain at the conslusion of the program shall be reimbursed to the City. 3. The professional services and work product to be rendered and performed by the CENTER shall be rendered and performed to the reasonable satisfaction of the Chief of 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 CENTER provided in paragraph 2 of this agreement shall be subject to such satisfactory performance. The CENTER recognizes that the source of the funds is the above identified Training Trust Fund administered by the CITY. The CENTER therefore agrees that the duty of the CITY to pay all or any part of the compensation to which the CENTER will or may be entitled pursuant to this Agreement, shall be contingent 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 CENTER shall be deemed to be an independent countractor. No agent or employee of the CENTER who may render, directly or indirectly, any service pursuant to or in connection with the. performance of the CENTER obligations pursuant to this Agreement shall in any event or circumstance be deemed to be employee of the CITY, and no such an agent or person shall be entitled to any 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 CENTER, to terminate this Agreement if the CENTER 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 -3- ' 79-7 a t above provided, all documents, data, studies, reports or other written material prepared by the CENTER in connection with this Agreement, shall at the option of the CITY become the property of the CITY; and the, CENTER shall, in such event, be entitled to receive just and equitable compensation for the services it shall theretofore have rendered. 6. This agreement may be terminated by mutual agreement o the parties upon such terms as may be agreed upon, provided that if this Agreement is terminated prior to the completion of the CENTER -services as contemplated by this Agreement, the aggregate compensation to which it may be entitled shall not exceed an amount which bears the same ratio to the total compensation provided by, this Agreementto be paid, as the services actually performed by the CENTER bear to the aggregate of the services contemplated to be rendered by the CENTER by this Agreement. 7. The CENTER covenants that 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 be performed under this Agreement. The CENTER further covenants that in the performance of this Agreement, no person having any such conflicting interest shall be employed by 8. No report, information, data, etc., given or prepared or assembled by the CENTER under this Agreement, including or source data, as well as evaluations thereof, shall be made available to any individual or organization by the CENTER 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 prepared under this Agreement. All of the said material shall become the property of the CITY and the CENTER shall have no claim of any nature whatsoever upon the work product, and other work material so surrendered to the CITY; provided that the CENTER may publish, disclose, distribute or otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement upon written approval of the ,City Manager and such approval shall not be unreasonably withheld. 10. The CENTER shall be obligated 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. carrying out its duties and responsibilities, the CENTER 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 altered or amended. except by written inst,rumenti executed by both parties. 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'... THE CITY OF ATTEST: City Clerk APPROVED AS TO FORM AND' CORRECTNESS: City At = - BY MIAMI City Manager COUNSELING AND STRESS CONTROL CENTER Dr. Mark elber, Dr. Jose Valle APPROVED: 4,111,u tj tict4,1446 BY Kenneth I. Harms Chief of Police -6- July, 31, 1979. THIS AGREEMENT, made and entered into as of this day of November, 1979, by and between the CITY OF MIAMI, a muni- cipal corporation of the State of Florida, hereinafter referred to as the "CITY", and the "COUNSELING AND STRESS CONTROL CENTER", a partnership, hereinafter referred to as the "CENTER": ITNESSETH H WHEREAS, the CITY has been awarded monies from the State o 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 Ordinance passed and adopted on day of November, 1979, has accepted these monies and authorized and directed the City Manager to implement this training program; and WHEREAS, pursuant to the training program, the CENTER. has agreed to render and provide the professional service de- scribed in this Agreement: NOW, THEREFORE in consideration of the mutual covenants and agreements hereinafter set forth, and in further considera- tion of the sum of twenty-nine thousand two -hundred -twenty dollars ($29,220.00) to be paid by the parties agree as follows: 1. The CENTER agrees that during the Sept. 21, 1979 and ending August 30, 1980 CITY to the CENTER, the period beginning the CENTER shall provide and be fully responsible for the professional service and work product specifically outlined in the training program.. In this connection, the CENTER shall: (A) Develop 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 areasof psychology, physiology, and nutrition. (B) Prepare a complete lesson plan identifying program objec- tives, teaching methods, instructional aids, lecturers, and other resources necessary to insure a well organized program. It shall be the responsibility of the CENTER to compensate any and all other persons whom they wish to utilize toward achieving the program's objectives. 79-763 (C) Prepare an instructor's outline covering the specific information that will be presented during the training; program. (D) Develop a test for measuring the degrees of attainment of program objectives and for evaluating the overall program achievement, and each students progress so that a final grade for each student can be determined. (E) Conduct twelve 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 successfully deal with their own particular stress in a manner that will be beneficial to their jobs and personal health.. 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. 2. The compensation to be paid to the CENTER shall be the. aggregate sum of twenty nine thousand two hundred and twenty dollars ($29,220.00). Said sum shall be payable and at the times hereinafter provided. Seven thousand three hundred and five dollars ($7,305.00) shall be due and payable on September 21, 1979, and thereafter the same amount ($7,305.00) shall be due on December 14 1979, (H) March 14, 1980, and June 2, 1980. Each such payment shall be made to the Counseling and Stress Control Center, and shall be delivered through the Training Unit (Room 327) at the Miami Police Department, 400 N.W. 2nd`Ave., Miami, Florida. The CENTER shall then be responsible for compensating other instructional personnel who are utilized to achieve the goals of the program. These other instructional personnel shall be paid by the CENTER at the following Psychologists (2) @ $40.00 per Nutritionist (1) @ 30.00 per Physician M.D. (1) @ 50.00 per rate per hours hour hour hour -2- Physical Fitness Instructor @ $25.00 Bio-Feedback Technician @ 15.00 Research Assistant . @ 15.00 The CENTER understands that these funds are for the remuneration of instructional personnel only, and that any unpaid monies which remain at the conslusion of the program shall be reimbursed to the. City. 3. The professional services and work product to be rendered and performed by the CENTER shall be rendered and performed to the reasonable satisfaction of the Chief of 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 CENTER provided in paragraph 2 of this agreement shall be subject to such satisfactory performance. The CENTER recognizes that the source of the funds is the above identified Training Trust Fund administered by the CITY. The CENTER therefore agrees that the duty of the CITY to pay all or any part of the compensation to which the CENTER will or may be entitled pursuant to this Agreement, shall be contingent 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 CENTER shall be deemed to be an independent countractor. No agent or employee of the CENTER who may render, directly or indirectly, any service pursuant to or in connection with the performance of the CENTER obligations 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 any 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 CENTER, to terminate this Agreement if the CENTER 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 • • -3- above provided, all documents, data, studies, reports or other written material prepared by the CENTER in connection with this Agreement, shall at the option of the CITY become the property of the CITY; the CENTER shall, in such event, be entitled to receive just and equitable compensation for the rendered. 6. This agreement may be services it shall terminated theretofore have by mutual agreement of the parties upon such terms as may be agreed upon, provided that if this Agreement is terminated prior to the completion of the CENTER services as contemplated by this Agreement, compensation to which it may be entitled the aggregate and shall not exceed an amount which bears the same ratio to the total compensation provided,by this Agreement to be paid, as the services actually performed by the CENTER bear to the aggregate of the services rendered by the CENTER by this Agreement. 7. The CENTER covenants that it presently has no interest and shall not acquire anyinterest, direct or indirect, which would conflict in any manner or degree with performance of theservices required to be performed under this Agreement. The CENTER further covenants that in the performance of this Agreement, no person having any such conflicting contemplated to be interest shall be employed by it. 8. No report, information, data, :etc., given or prepared or assembled by the CENTER 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 CENTER without prior written approval 9. shall be country. of the City Manager. No material produced in whole or in part under subject to copyright in the United States, or this Agreement in any other The CITY shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part any reports, data or other materials prepared under this Agreement. All of the said material shall become the property of the CITY and the CENTER shall have no claim of any nature whatsoever upon the work product, and other work material so surrendered to the CITY; provided that the CENTER may publish, disclose, distribute or otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement upon written approval of the City. Manager and such approval shall not be unreasonably withheld. 10. The CENTER shall be obligated to assist, insofar 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 CENTER 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 altered except by written instrument executed by both parties. 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. THE CITY OF MIAMI ATTEST: City Clerk, APPROVED AS TO FORM AND CORRECTNESS: City At -6- BY City Manager COUNSELING AND STRESS CONTROL CENTER Dr Jose Valle APPROVED: (� �,� BY /424�taM f 1YCGtA4I'O Kenneth I. Harms Chief of Police