HomeMy WebLinkAboutPre AgreementAGRII: MIT
THIS AGREEMENT Is entered rota this day of Octaher, 2003 (but sftecdve
ns of October 1, 2003), by and between the CITY OF 1titIAM], s municipal corporstito of
the State of Florida, haminnite! referred to as the "CITY", and MIAM3-DADE
COLLEGE, NORTH CAMPUS, SCHOOL OF JUSTICE, hereinafter referred tow tbo
"COLLEGE";
WHEREAS, the Department of Pollee of the CITY (the "DEPARTMENT") must
provide Basic Law Enforcement Training to its police recruits !rid penile aarvieo aid,:
recruits; and
WHEREAS, the COLLEGE is qurlified to provide the summary training; and
WHEREAS, the City Commission adopted Resolution No, 03-941 on the
September 11, 2003, which authorises the CITY to engage the aorvices'af the COLLEGE
for the purposes hcreia stated.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the tense and conditions hereinafter stitcd, the pardss
hereto unclaratand and agree as follows;
1. SCOPE 9FJER'VJC E
COLLEGE anal! provide the DEPARTMENT'S police recruits with Basic Law
Enforcement Training as mandated by the Criminal Justice Training and Standards
Cozumiuion and the Florida Department of Law P.nl'uswarnrat, as mare specifically
described in Exhibit A.
2. COMPENSATION
CITY shall compensate the COLLEGE, t'br services rendered. at an approximates
rum of 32,038.36 for each Pollee Officer Trainee and 3800 for math Public Service Aida
Trainee (subject to change). Any change la compensation for such training *twit be
mutually agreed to by the ,Pardee and evidenced la a written amendment to 'hie
agreement. The amount of comperuaUo4 shall not exceed S164.000 annually.
3. TIMM
Tho tear of tlita Aipeeraeat'hall commie on October I, 2003 and and on
septurnber 304', 2004. Thereafter, the Agreement may be extended for five (5) additional
one (1) yarn period' basal on mutual agreement of the partieu. Parties Phan negotiate
compensation for the renewal years: at time beginning of mash renewal period. The
compensation renewal is cunlingent upon ratification by the City Commission, and the
COLLEGE'S District Board ofTruatoas,
d, TERMINEMON,
Either party has tlio right, upon thirty (30) days' written notice, to terminate this
Agreement at any tiros prior to they completion of the services required pursuant to the
Agnm.nnent without penalty. The COLLEGE shall bs paid for those services perfwmad
prior to the data of termumatiore. In no case, will CITY pay COLLEGE an amount in
excess of the total aootrsat amount.
3. PID13PENI)RNT C9 TE,ACTOR
The employes and agents of the COLLEGE:, are and shall at all times be doomed
to be Independent contractors, not agent's or employees of the CITY, and shall not attain
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any rights ar benefits under the Civil Service or Pension Ord1naects of the CITY or any
rights generally afTbrded classified or Unclassified employees; Amber they (shall not he
deemed entitled to Florida Workers' Couspensatian or Social Security banafits as
employees of the CITY. CITY's sole taaponsibillty to COLLEGE hereunder shall be to
compensate COLLEGE for services rendered.
6, COMPLIANCE
%JUN u
LATATEAND LQCA,L LAWS
Both parties shall comply with ail federal, state and local applicable Jews,
ordinances and codes. Both parties, their respective Com:niseian, Board, employees,
agents agree to not discriminate as to race, sex, age, color, religion, national origin,
handiaep, marital status or sexual orientation in connection with its performance under
the Agreement.
CDLLEciti rhnll abide by Ordinance We. 10538. the Minority Procurement
Ordinance of tba City of Miami and the conflict of interest laws of the CLTY (City of
Miami Cede Chapter 2, Arliolw V), Dads County Florida (Dada County Cade Section
2-11.1) utd the Sista of Florida, and egress that it will fully comply in all respects with
the terms of said Iswi.
7. MON 1TQiUNQ
The COLLEGE agrees to permit tine CITY and its Authorized agents to monitor
the training programs according to applicable governing regulations and the COL EGE'S
pr000dures. Notwlthatanding thin Section, the COLLEGE rasa immediately remove from
its pramiees any agent for the CITY who poses an immediate throat ,or danger to
personnel, to the quality of training program or tar unprofessional behavior.
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A. All documents developed by COLLEGE tinder this Agreement ah*Ji be the
property of the COLLEGE for purpoxes of implementing its haslet law
enforcement -training prosram.
8. Sultact to laws applicable to the COLLEGE, inotuding but not limited to rho
State of Florida Puhlia Raeords law, Scotian 119.07, Florida Statutes, the
CITY stud Its meats, recruits and employees agrco to keep strictly oonfidehtiaf
and hold in trust all confidential information of COLLROB including but not
limited to the COLLl3GII'S assoeamsnt and testing methods and developers/cit.
The CITY nor its agents, recruits and employees shall not disoloae 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 parson who is not a party to this Agreement, except as
required by law or as authorised by COLLEGE.
C. Survival. The provisions of this Section shall survive expirasioa or other
termination of this Agraamont, ragardlean of the arum of such termination.
9. cilYABILMAtilaZialit
COLLEGE warrants that it bass not employed or retained any person employed by
this CITY to solicit or secure the Agreement and that it has not oftbred ro pay, paid or
agrnod to pay any person employed by the Ci'1'Y any fix, commission percentage,
brokerage fee, or gift of ,any klad contingent upon or rasultfog from award of this
Agrecmoat.
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] D.
Either party may terminate this Agreement upon broach of the material provisions
of this Agreement by the other party, but on1Y after notice and an npp9rtunity to can i u
been given to the breaching party. With respeot to monetary default, the notice must
provide for a period of thirty (30) days to cure the breach. With regard to performsnso
default, the notice must provide for thirty (30) days to cure the broach. if the breading
patty has not cured by breach prior to the curt: date sat forth in the noon*, the non -
breaching party may terminate this Agreement. In the event COr.1SOB is in default, the
CITY shall be obligated to pay tho COY.LT OE for ail services rendered satisfactorily
before the default notice.
11. HNTIRE AQAE6MItNT
'Phis Instrument and its atteohmeuta constitute the sole and only Agreement of the
parties and correctly sat forth the rights. duties and obligations of each to the enter as of
its date. Any prior Agreements, promises, negotiations or representation not expressly net
forth in this Agreement are of no force or effect.
12. MBIfNMENT
Neither party may assign or delegate this Agreement to any other parson or firm
without the express written convent of the non -assigning parry. Failure of the pmrtles to
agree on whetisrr this Agr czucot may be assigned or delegated can be basis for Ober
party to terminate this Agreement in nccordencc with the TERMINATION provisions of
this Agreement.
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13 AUDIT RJOHTS
CITY reserves the right to audit the re ,rde of COLLEOti related to this
Agmement at any time during its performance and fur a period of three years after final
payment Is made under this Agreement.
14. CONMUcTIQN OF AGREyENT
71tis Agreement shall be construed and enforced according to the laws of the State
of Florida and venue shall lie in Mienai.Dade County, Florida.
IS. SUCCESSORS AND ASS1DflS
'Chia Agreement shall be binding upon the parties heroin, their hoiro, executers,
legal representatives, ru000snors, and assigns,
16. 5:ONfL1C1'ON 1NTERMT
A. COLLEOB covenants that no person under its employ who preacntly Otervises
any functions or responsibilities In uunncctlan with this Agreement has any
personal financial intcresta, direct or inarvot, with CITY. COLLEQB turth r
covenants that, in the performance of this Agnocraeat, na person having such
conflicting interest shall be employed. Any such iritereit on the part of
COLLEOE or its employees must be dleclosod in writing to CITY.
B. COLLECIE is aware of the conflict of Interest Taws of tho CITY (C11y of
Miami Code Chapter 2, Article V), Dade County PIorldn <Dade County Coda
Section 2.11,1) and the State of Florida, and agrees that it gall fi,11y Damply
in aa11 respects with the terms of said laws,
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I7. NOTICES - GENERAL CONDITIONS
A. General conditions or other camrnunications which shall or may be given
pursuant to this Agreement shall be In writing and shall be delivered by
personal service orby registered mail addrulod to the outer party at the.
address indicated heroin or am the sigma may bo changed from time to tine.
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 hoadinge arc for convenient reference and are not a pan of
the Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in. t}u Agreement.
ahail rule.
D. Should any provision, paragraph, sesttertce, word or phrt+ac contained in the
Agreement be determined by s cost of competent Jurisdiction to. be Invalid,
illegal or otherwise unenforceable under the laws of the State of Florid* 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 taws, then aatne shall be dccm d
severable and in either event, the remaining terms and provlslone of the
Agreement shall remain unmodified and in foil force imd effect.
UttAgresnwnt4410.1044aserainliKolimbetiool arJiau+ 7
CITY OF MIAMI COLLEOE:
City Mauar¢er Miam1•Dade Collage
444 E.W. 2 Avenue North Campus.
Taal: Floor School af.tw ice
Miami, Florida 33130
COPY TO: City of Mimi
Chief o f Pones
400 N. W: 2"e Avenue
Miami, Florida 33I28
City of Miami
City Attorney
444 S.W. 2 Avanus
Suite 945
Miami, Florida 33130
I II, JNSI MAANCE
The COLLEGE agrees to maintain a calf -insurance program m aooardartoe With
Section 768.28, Florida Stntutas, as may be Amended. 'Iha inauranoa to .be providedby
the t:OLLTQI herein shall not be modified or conceited without thirty (30) days prior
written notice to the CITY,
IN WITNESS WHEREOF, the parties harato have oauaed this instrument to bo
umlauted by the parsons thereto legally authorized, this tho doyy and year first abova
'written.
ATTEST:
MIAMI-DADE COLLEGE
uuty 44aern segacommo ee NwsIorJwda a
(print Name)' (T1110)..
Z'r'PRISOILIA
1" OON�v. TICity Clark
APPROVED A : 9plAND
CORRECTI,IR
rney
ut.Mrs-wsingo.ac ax .nosio, on 9
CJT • ' miAMI,
of •S aa[F
BY:
ARRUQLA.
MarQu
AP?ROVI_*D AS TO INS
REQUIRE
1ANE ERICSON
Dlneotor
Risk Managdrnent
t'L