HomeMy WebLinkAboutExhibit - AgreementCONSULTING SERVICES AGREEMENT
This Consulting Services Agreement ("CSA") is entered into this day of
2015 by and between the City of Miami, a municipal corporation of the State of Florida, whose
address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and THE
FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES on behalf of
FLORIDA INTERNATIONAL UNIVERSITY'S COLLEGE OF ARCHITECTURE THE
ARTS COMMUNICATION ARTS DEPARTMENT ("FIU-CARTA"), 11200 SW 8th Street,
PCA 274, Miami, FL, and collectively, ("the Parties"). The Parties agree to establish a
partnership related to training programs offered through FIU's Cultural Awareness and
Sensitivity Trainings in support of the City of Miami Police Department.
I. FIU'S CULTURAL AWARENESS AND SENSITIVITY TRAININGS
FIU-CARTA's Cultural Awareness and Sensitivity Trainings has been established by the
Communication Arts Department to offer a suite of primer training programs tailored to
address communication needs within law enforcement through trainings. These trainings
are produced exclusively by FIU-CARTA and are designed to enable participants to
develop the skills of cultural awareness and sensitivity for the communities they serve.
Training attendees who successfully complete the training programs described below will
be considered to have met the applicable requirements for training and promotion as
determined by the City of Miami.
II. PARTNERSHIP RESPONSIBILITIES
A. City of Miami Responsibilities Pursuant to this CSA:
1. Management of the registration process for employees interested in enrolling in
one of the training programs referenced in this CSA.
2. Provide FIU-CARTA with suitable facilities for approximately twenty (20)
people to participate in the training programs referenced in this CSA, to include
complimentary use of the facility, complimentary audio and video support (e.g.,
projectors, screens, microphones) and flexible furniture enabling interactive
exercises during the training programs.
3. Payments will be made within 10 days upon receipt of FIU's invoice. Payment
shall be made to "Florida International University" and remitted to the following
address:
Florida International University
Attention: Dean Brian Schriner,
FIU by Design
11200 S.W. 8th Street
Miami, FL 33199
B. FIU-CARTA Responsibilities Pursuant to this CSA:
1. Design, management and coordination of all speakers, content, curriculum,
training materials and scheduling related to the training programs referenced in
this CSA.
2. Conduct program evaluation and elicit feedback from participants for quality
assurance and improvement. Information collected will be provided, along with
summary reports within three weeks of the completion of each session's trainings
for a designated population.
3. Re-evaluate and redesign trainings to meet the City of Miami Police
Department's needs on an annual basis.
C. Training Programs:
Exact topics for the training programs listed below will need to be determined at a
later date after consultation with the City of Miami's Equal Opportunity and Diversity
Program ("EODP") and a strategic planning meeting with the Police Department for
the City of Miami. Based on previous conversations, topics would include:
1. The Cultural Awareness and Sensitivity Training for Graduates of the Police
Academy — These sessions will consist of four sessions that are two hours in
duration and will examine the cultural issues surrounding the 11 neighborhoods
that constitute the City of Miami (Allapattah, Downtown, Overtown,
Wynwood/Edgewater, Coral Way, Coconut Grove, Flagami, Little Havana, Little
Haiti, Upper East Side, and Model City) as well broader cultural issues that are
present as a result of the tourism industry. The training will include:
• Examination of the definitions of discrimination and prejudice, and the
stereotypes, perceptions, and misperceptions held by individuals related to
race, age, gender, culture, economic class, religion and disability;
• Insights derived from FIU-moderated conversations between community
residents and graduates of the City of Miami Police Academy Training
Program on topics listed above;
• Development of awareness, sensitivity, and respect through training in
empathy, emotional intelligence, the reading of non-verbal messages and
reacting to racially/ethnically "charged" verbal communication, as well as the
building of good -will in everyday conversations among individuals of various
cultural backgrounds;
• Conflict management and methods to de-escalate conflict and reduce tensions
between and among individuals of various cultural backgrounds.
2. Cultural Awareness and Sensitivity Training for Field Training Officers
("FTOs") — These sessions will examine the issues of cultural awareness and
sensitivity with a focus on effective coaching and mentoring, active listening,
positive reinforcement, inclusive language, framing/reframing, and coaching for
performance. The Cultural Awareness and Sensitivity training for FTOs will
consist of two sessions that are two hours in duration, provided that the officer
previously completed the cultural awareness and sensitivity training as a
graduation requirement from the academy. If such training has NOT been
received, the training will mirror that of academy graduates.
3. The Cultural Awareness and Sensitivity Training for Advancement and
Promotion — These sessions will consist of two sessions that are two hours in
duration, provided that the officer previously completed the cultural awareness
and sensitivity training as a graduation requirement from the academy. If such
training has NOT been received, the training will mirror that of academy
graduates. These sessions will examine the issues of cultural awareness and
sensitivity with a focus on leadership as it relates to diversity.
D. Budget/Funding:
Each of the Trainings include the following costs:
1. FIU Content Experts and Facilitators
a. A minimum of two (2) Facilitators per Training;
b. Instructor's Expenses and Travel.
2. Curriculum Designed Specifically For the City of Miami Police Department
a. Pre and Post Assessments;
b. Re-evaluation and Re -design of the Trainings.
3. Course Materials:
a. Manuals/Printed Materials;
b. Certificates;
c. Miscellaneous Supplies.
Cultural Awareness and Sensitivity
Training for Police Academy Graduates
Four sessions, two hours in duration
each.
$19,580.00
Twice a year
$39,1.60.00
The Cultural Awareness and. Sensitivity
Training for Field Training Officers
Two sessions, two hours in duration
each.
$9,790.00
Twice a year
19,580.00
The Cultural Awareness and
Sensitivity Training for Advancement
and Promotion
$9,790.00
Three a year
$29,370.00
Two sessions, two hours in duration
each.
Total
$39,160.00
$88,110.00
E. Terms and Termination:
1. Term. This Agreement shall become effective on the date indicated on the first
page and shall continue through the last day of the twelfth month, unless earlier
terminated in accordance with procedures set forth further in this section.
2. Intellectual Property. The City of Miami agrees and understands that Faculty
have pre-existing obligations to assign, and have assigned to FIU, Faculty rights in
intellectual property which arise or are derived from Faculty's employment at FIU
in accordance with the University's regulations, policies and procedures on
intellectual property, available at:
http://policies.fiu.edu/browse.php?1=category&t=1 &letter=l#Intellectual Property
The City of Miami has no rights by reason of this Agreement over any publication,
invention, discovery, improvement or other intellectual property, whether or not
publishable, patentable, or copyrightable. The City of Miami further acknowledges
that any inventions or copyrights developed by the Faculty in connection with the
Services will be owned by FIU.
3. Use of Name for Publicity. Neither Party shall use the name of the other Party or
of any Faculty in any advertising or promotional material without the prior written
approval of the other.
4. Compliance with Law. The Parties shall comply with all applicable federal, state,
local laws and regulations and nothing in this Agreement shall be construed to
require either Party to violate such provisions of law or shall subject either Party to
liability for adhering to such provisions of law.
5. Independent Contractor. FIU shall be deemed to be and shall be an independent
contractor and, as such, FIU shall not be entitled to any benefits applicable to
employees of the City of Miami. Neither Party is authorized or empowered to act
as agent for the other for any purpose and shall not on behalf of the other enter into
any contract, warranty, or representation as to any matter. Neither shall be bound
by the acts or conduct of the other.
6. Termination for Default. This Agreement may be terminated by either Party
upon the other Party's default in performance, provided that termination may not
be effected unless written notice specifying the nature and extent of default is
given to the concerned Party and such Party fails to cure such default in
performance within thirty (30) calendar days from the date of receipt of such
notice. Termination shall be without prejudice to any and all other rights and
remedies available to the Parties, and the City of Miami shall remain liable for all
outstanding obligations owed by them to FIU including outstanding reimbursable
charges and hourly charges, and for all items of merchandise; and other services
provided as of the termination date. The City of Miami shall continue to be
responsible for payment of agreed -upon fees due as of the time of termination and
any other obligations arising hereunder incurred prior to the termination date. All
in -process training and orders will be completed by Faculty and delivered to the
City of Miami. If a balance remains in the account, the amount will be refunded
after the above charges have been deducted, but in no case shall it be later than
thirty (30) calendar days after the termination date.
7. Termination for Convenience. The City, acting by and through its City Manager, shall
have the right to terminate this Agreement, in its sole discretion, at any time, by giving
written notice to FIU-CARTA at least sixty (60) calendar days prior to the effective date
of such termination. In such event, the City shall pay FIU-CARTA compensation for
services rendered and for approved expenses incurred prior to the effective date of
termination. In no event shall the City be liable to FIU-CARTA for any additional
compensation and expenses incurred, other than that provided herein, and in no event shall
the City be liable for any consequential or incidental damages, including fees arising from
late payments.
F. Indemnification. The City does hereby agree to indemnify and hold harmless FIU-CARTA
to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the
provisions of that Statute, whereby the City shall not be held liable to pay a personal injury
or property damage claim or judgment by any one person which exceeds the sum of
$200,000.00, or any claim or judgments or portions thereof, which when totaled with all
other occurrences, exceeds the sum of $300,000.00 from any and all personal injury or
property damage claims, liabilities, losses or causes of action which may arise solely as a
result of the negligence of the City. However, nothing herein shall be deemed to indemnify
FIU-CARTA from any liability or claim arising out of the negligent performance or failure of
performance of FIU-CARTA or any unrelated third party.
FIU-CARTA does hereby agree to indemnify and hold harmless the City to the extent and
within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that
Statute, whereby FIU-CARTA shall not be held liable to pay a personal injury or property
damage claim or judgment by any one person which exceeds the sum of $200,000.00, or
any claim or judgments or portions thereof, which when totaled with all other occurrences,
exceeds the sum of $300,000.00 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise solely as a result of the
negligence of FIU-CARTA. However, nothing herein shall be deemed to indemnify the City
from any liability or claim arising out of the negligent performance or failure of performance
of the City or any unrelated third party.
G. Notices:
All notices required or permitted under this CSA shall be in writing and delivered by
confirmed e-mail or certified mail, and in each instance shall be deemed given upon
receipt. All communications shall be sent to the following:
As to Client:
City of Miami
444 S.W. 2nd Avenue, loth Floor
Miami, Florida 33130
Attn: City Manager Daniel J. Alfonso
E-Mail: djalfonso(&miamigov.com
With a copy to:
City of Miami
444 S.W. 2nd Avenue, Suite 945
Miami, Florida 33130
Attn: City Attorney Victoria Mendez
E-Mail: VMendez@miamigov.com
City of Miami
444 S.W. 2nd Avenue, 6th Floor
Miami, Florida 33130
Attn: Director of Procurement Annie Perez
E-Mail: annieperez@miamigov.com
H. Public Records:
FIU-CARTA hereby agrees and understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to the City, subject to
the provisions of Chapter 119, Florida Statutes, and any specific exemptions there
from, and FIU-CARTA agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law unless there is a specific
exemption from such access. FIU-CARTA's failure or refusal to comply with the
provisions of this section shall result in immediate termination of this Agreement by
the City.
Pursuant to the provisions of Section 119.0701, Florida Statutes, FIU-CARTA shall
comply with the Florida Public Records Laws, specifically FIU-CARTA shall:
1) Keep and maintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the service.
2) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a
cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
3) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
4) Meet all requirements for retaining public records and transfer, at no
cost, to the public agency all public records in possession of FIU-
CARTA upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirements.
5) Provide all records stored electronically to the City in a format
compatible with the information technology systems of the City.
IN WITNESS WHEREOF, the Parties have signed this CSA, or caused it to be signed
by their duly authorized representatives, as of the date written below.
FIU-CARTA: The Florida International University Board of
Trustees
Brian Sclu-iner
Dean, College of Architecture & The Arts
Florida International University
11200 S.W. 8th Street
Miami, Florida 33199
email: schriner@fiu.edu
phone: 305-348-6442
Signature
CITY OF MIAMI, a municipal corporation
BY:
ATTEST:
Elizabeth Bejar
Vice President Academic Affairs
Daniel J. Alfonso, City Manager
Todd B. Hannon, City Clerk
APPROVED AS TO INSURANCE REQUIREMENTS:
Ann -Marie Sharpe, Director Risk Management
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
Victoria Mendez, City Attorney