HomeMy WebLinkAboutAgreementAGREEMENT
THIS AGREEMENT is entered into this zgal day of October , 2003 (but of edive
as of October 1. 2003). by and between the CITY OF MIAMI, a municipal corporation of
the state or Florida, hereinafter referred to as the "CITY", and MIANII-DADE
COLLEGE, NORTH CAMPUS, SCHOOL OF JUSTICE, hereinafter referred to as tho
"COLLEGE";
WHEREAS, the Department of Police of the CITY (tie "DEPARTMENT") must
provide Basic Law Enforcement Training to its police recruits and public; service side
recruits; and
WHEREAS, the CO1.I.BOE is qualified to provide the necessary training; and
WHEREAS, the City Commission adopted Resolution No. 03-941 on the
September 11, 2003, which endwise.' the CITY to engage dtc aarvices''of the COLLEGE
for the purpose, herein stated.
NOW, THEREFORE, in consideration of the mutual covenants and obilgations
herein contained, and subject to the terms and conditions hereinafter stated, the patties
hereto understand and agree as follow,:
1. ScOPF{ 9F SERVICES
COLLEGE aball provide the DEPARTMENT'S police recruits with Basic Law
Enforcement Training as mandated by the Criminal Justice Training and Standards
Commission and the Florida Department of Law P.nrureeme it, as more specifically
described in Exhibit A.
2. COMPENSATION
CITY ahadl compensate the COLLEGE, for services rendered. at an approximate
rate of S2,038.36 for each Police Officer Trainee and S800 for each Public Service Aide
Trainee (subject to change). Any change in compensation for such training shall be
mutually agreed ro by the ,parties and evidcaced in a written amendment to dais
agreement. The amount of compensation shall not exceed 5164,000 annually.
3. Tact
The term of this Agreement shall comrnenxe on October 1, 2003 and end an
September 30111, 2004. Thereafter, the Agreement may be extended for five (5) additional
one (1) year periods based an mutual agreement of the parties. Parties shall negotiana
compensation for the renewal years at the beginning of each renewal period. The
compensation renewal it contingent upon ratification by the City Commission, and the
COLLEGE'S District board of Trustees.
4, TJRMINAT[ON
Either party huts tho right, upon thirty (30) days written notice, to terminate this
Agreement at any time prior to the completion of the services required pursuant to the
Agreement without penalty. The COLLEOB shall be paid for those services performed
prior to the data of termination. In no ease, will CITY pay COLLEOS an amount In
excess of the total contract amount.
S. INDEPENDENT CONTRACTOR
The captor:we and agents oldie COLLEGE, arc and Khali at all times be deemed
to be independent contraatore, not agents or employees of the CITY, and shall not attain
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any rights or benefits under the Civil Service or Pension Ordistattees of the CITY nr&ny
rights generally of brded classified or unclassified employees; farther they shall not be
deemed entitled to Florida Workers' Compensation or Social Security benefits as
employees of the CITY. CITY's sole responsibility to COLLEGE hereunder shall be to
compensate COLLEGE for services rendered.
6, COMPLIANCE W1THEEDEEAL STATE._AND LOCAL 1.AWS
Both parties shall comply With all federal. state and local applicable laws,
ordinances and codes. Both parties, their respective Commission, Board, employees,
agents agree to nut discriminate as to race, sex, age, color, religion, national origin,
handicap, marital status or sexual orientation in connection with its .performance under
the Agreement.
COLLEGE shall abide by Ordinance No. 10538, the Minority Procurement
Ordinance of the City of Miami and the conflict of interest laws of the CITY (City of
Miami Coda Chapter 2, Article V), Dade County Florida (Dade County Coda Section
2-1 1.1) and the State of Florida, and agrees that it will fully comply in all respects with
the teems of said Iaws.
7. MONITOJDNG
The COLLEGE agrees to permit the CITY and ita authorized agents to monitor
the training program according to applicable governing regulations and the COLLEGE'S
procedures. Notwithstanding this Section, the COLLEGE may immediately remove from
its premises any agent for the CITY who poses tat immediate threat or danger to
personnel, to the quality of training program or for unprofessional behavior.
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8. OWNERSHIP OF nOCIIMENTA' ION_AND_ CO1TFIDLNTIALITY
A. All documents developed by COLLEGE under this Agreement shall be the
property of the COLLEGE for purposes of implementing its basic law
enforcement -training program.
B. Subject to laws applicable to the COLLEGE, including but not limited to the
State of Florida Public Records Law, Section 119.07, Florida Statutes, the
CITY and its agents, recruits and employees agree to keep strictly confidential
and hold in trust all confidential information of COLLEGE including but not
limited to the COLLEEGE'S esaausment and testing methods and developnttt.
The CITY nor its agents, recruits and employees shall not disclose or reveal
any confidential information to any third part without the express prior written
consent of the COLLEGE. CITY shall not disclose the terms of this
Agreement to any person who is not a party to this Agreement, except ea
required by law or as euthorirad by COLLEGE.
C. Survival. '!'he provisions of this Section shah survive expiration or other
termination of this Agreement, regardless of the cauac of such termination.
9. ts►WARD OF AQRgabiEM
COLLEGE warrants that it has not employed or retained any person employed by
this CITY to solicit or secure the Agreement and that it has not offbred to pay, paid or
agreed to pay any person employed by the CITY any fee, commission percentage,
brokerage fee, or gift of ,any kind contingent upon or resulting from award of this
Agreement.
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10. DEFAUL
Either party may terminate this Agreement upon broach of the material provisions
of this Agreement by the other party, but only after notice and an opportunity to cure has
been given to the broaching party. With respect to monetary default, the notice must
provide for a period of thirty (30) days to cure the breach. With regard to performance
default, the notice moat provide for thirty (30) days to cure the breach If the breaching
ply bas not cured by breach prior to the cure date sat forth in the notice, the non -
broaching party may terminate this Agreement. In the event COLLEGE ie in default, the
CITY shall bet obligated to pay tho COLLT OK for ell servioes rendered aatiafaotorlly
before the default notice.
11. ENTIRE AGREEMENT
This instrument and its attaohments constitute the hole end only Agreement of the
pasties and correctly sat forth the rights. duties and obligations of each to the other as of
its date. Any prior Agreements, promises, negotiations or rcpreacntatioo not expressly set
forth in this Agreement are of no force or effect.
12..A6SIGNMENT
Neither party may assign or delegate this Agreement to any other person or firm
without the express written consent of the non -assigning party. Failure of the parties to
agree on whether thin Agreement may be assigned or delegated can be a basis fbr either
party to terminate this Agreement in accordance with the TERMINATION provisions of
this Agreement.
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13. AUDIT RIOHTS
CITY reserves the right to audit the records of COLLEGE related to this
Agreement at any time during its performance and fur a period of three year after dal
payment is made under this Agreement.
14. XONSTRUCTtOIIOF AGREEMENT
This Agreement shall be construed and enforced according to the lime of the State
of Florida and venue shall lie in Miami -Dade County, Florida.
15. SUCCESSORS ANC ASSIGN'S
This Agreement shall be binding upon the parties herein, their 1w1rm, executors,
legal representatives, suooaagore, and assigns.
16. 5:ONFLICT OF 1,NTERE T
A. COLLEGE covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with this Agreement bai any
personal fnanoial interests, direct or indirect, with CITY. COLLEGE farther
covenants that, In the performance of this Agrccmeat, no person having such
conflicting interest shall be employed. Any such interest on the part of
COLLEGE: or its employees must be disclosed in writing to CITY.
B. COLLEGE is aware of the conflict of interest laws of tho crry (City of
Miami Code Chapter 2, Article V). Dade County Florida (Dade County Code
Section 2-1 L.I) and the State of Florida, and agrees that it shall folly comply
in all respects with the terms of said laws.
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17. NOTICES - CIERAy COND171ONS
A. General conditions or other cot ununications which shall or may be given
pursuant to the Agreement shall be in writing and shall be delivered by
personal service orby registered mail addressed to the other party at the
address indicated herein or as the same may be charged from time to tuna.
Such notice shall be deemed given on the day on which personally served; or
if by mail, on the fifth day after being posted or the :date of actual receipt,
whichever is earlier.
B. Title and paragraph headings are for convenient reference and am not a .pan of
the Agreement.
C. In the event of conflict between the termsof this Agreement and any tenna or
condition: contained in any attached documents, the .tones in the Agnent.
shall rules
D. Should any provision, paragraph, sentence, word or phrase contained in the
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws ct' the State of Florida or the
City of Miami. such provision. paragraph, sentence. word or phrase shall be
deemed modified to the extent necessary In order to conform with such laws
or if not modifiable to conform with such laws. then same shall be deemed
severable and in either event, the remaining terms and provisions of the
Agreement shall remain unmodified and in full force and effect.
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CITY OF MIAMI
City Manager
444 S.W. 2 Avenue
Tenth Floor
Miami, Florida 33130
COLLEGE:
Miami -Dade College
North Campus
School °Mai e
COPY TO: City of Miami City of Milani
Chief of Police City Attorney
400 N.W. 2"d Avenue 444 S.W. 2 Avasaste
Miami, Florida 33128 Suite 945
Miami, Florida 33130
I IL INSURANCE
The COLLEGE agrees to maintain a self-insurance program in aacordanoe with
Section 76S.2S, Florida Statutes, as may be amended. The inatvance to be provided by
the COLLEGE herein shall not be modified or cancelled without ;thirty '(30) days prior
Written notice to the CITY.
IN WITNESS WHEREOF, the partial hereto have caused thia_instnunent to bo
executed by the persona thereto legally authorized, this the day ellyear first above
written.
ATTEST:
MIAMI-DADE COLLEGE
(Print Name) (Tide)
LitoAymnnaK-MiaantDWoCommunl olloplehoeloflwtla 8
CT • ' MIAMI,
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of (+44'
• 5 > e oFFlnt'i�la
PRISCILLA A. TI-10 ON a AIUUOLA
City Clerk Manager
APPROVED AS ,O» ND APPROVED AS TO INS
REQUIREME�L�'5,;�
CORRECTNB
rney
MANE ERICSON
Director
Risk Management
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