HomeMy WebLinkAboutExhibitCONSULTING SERVICES AGREEMENT
This Consulting Services Agreement ("CSA" or "Agreement") is between the CITY OF MIAMI
("City"), a municipal corporation of the State of Florida, whose address is 444 SW 2nd Avenue
Miami, Florida 35130, 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" or "FIU"), 11200 SW 8th Street, PCA 274, Miami, FL, and collectively, ("the Parties").
The Parties agree to establish a partnership where the faculty of the Communication Arts
Depatttnent (Joann Brown and Raquel Perez) provide Cultural Awareness, Sensitivity & De-
escalation Training to the City in support of the City of Miami Police Department.
I. FIU'S CULTURAL AWARENESS AND SENSITIVITY TRAININGS
FIU-CARTA's Cultural Awareness, Sensitivity & De-escalation Training 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, Sensitivity & De-escalation
techniques 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 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. Provide payment to FIU services pursuant to this Agreement, in an amount not to
exceed $103,050.00 in exchange for thirty (30) training sessions provided by FIU-
CARTA. Payments will be made within 45 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
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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.
4. Provide the City of Miami Police Department with thirty (30) Cultural Awareness,
Sensitivity & De-escalation Trainings during the term of this agreement.
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 multiple sessions that are two (2) 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;
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• 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, de-escalation
techniques, active listening, positive reinforcement, inclusive language,
framing/reframing, and coaching for performance. The Cultural Awareness and
Sensitivity training for FTOs will consist of multiple sessions that are two (2) 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 multiple that are two (2) 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.
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Services
Cultural Awareness, Sensitivity & De-
escalation Training for City of Miami
Police Department
Materials & Supplies
Total
E. Terms and Termination:
Costs Per
Training
$3,350.00
$85.00
Minimum
Frequency
Thirty
Trainings
Thirty
Trainings
Total
$100,500.00
$2,550.00
$103,050.00
1. Intellectual Property. The City agrees and understands that FIU faculty
("Faculty") have pre-existing obligations to assign, and have assigned to FIU, Faculty's rights in
intellectual property which arise or are derived from Faculty's employment at FIU in accordance
with University' s regulations, policies and procedures on intellectual property, available at
http://policies.fiu.edu/browse.php?1=category&t=1&letter=I#Intellectual Property The City has
no rights by reason of this Agreement in any publication, invention, discovery, improvement or
other intellectual property, whether or not publishable, patentable, or copyrightable. The City
further acknowledges that any inventions or copyrights developed by the Faculty in connection
with this Agreement will be owned by FIU in accordance with FIU policies.
2. Use of Name for Publicity. The Parties shall not use the name of the other Party,
or of any Faculty, in any advertising or promotional material without the prior written approval of
the the other Party.
3. 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 subject either Party to liability for adhering to such provisions
of law.
4. 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 FIU.
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. The
Parties shall not be bound by the acts or conduct of the other. The term "partnership," as used in
this Agreement and/or any attachment hereto, does not refer to a partnership under the law. Instead,
it expresses the intention of the Parties to work together in the limited manner described in this
Agreement for the purpose of achieving the common goals described herein.
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5. Term. This Agreement shall become effective upon execution by both Parties and
shall continue in effect for a period of one (1) year. This Agreement is subject to annual renewal
upon discretion of the City Manager, or his designee, subject to available funds and the mutual
agreement of the parties to renew the terms of this agreement.
6. Termination. 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 30 (thirty) 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 shall remain liable for all outstanding obligations owed by them to FIU
including outstanding reimbursable 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 at the time of termination
and orders will be completed by Faculty and delivered to the City. If a balance remains in the
account, the amount will be refunded after the above charges have been deducted but in no case
later than sixty (60) days after the termination date.
7. Termination. The City, acting by and through its City Manager, or FIU shall each
have the right to terminate this Agreement, in its sole discretion, , at any time, by giving written
notice to the other Party at least thirty (30) calendar days prior to the effective date of such
termination. In such event, the City shall pay FIU due compensation for Services rendered and
approved expenses incurred prior to the effective date of termination. In no event shall the City
be liable to FIU for any additional compensation and expenses incurred, other than that for Services
provided at the time of termination, and in no event shall the City be liable for any consequential
or incidental damages. FIU shall have no recourse or remedy against the City for a termination
under this subsection except for payment of fees due prior to the effective date of termination.
8. Audit and Inspection Rights and Retention of Records. FIU 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 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'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 must comply with the Florida Public Records Laws, specifically
FIU must:
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
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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.
5) All records stored electronically must be provided to the City in a format
compatible with the information technology systems of the public agency
upon request.
9. Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
10. Modification of Agreement. This Agreement may be modified upon mutual
consent of both parties. The Parties may negotiate and enter into additional binding terms or
modification of terms to this agreement. The modification shall be in writing and executed by the
City and FIU.
11. Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of
the party for whom he or she is signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
12. Governing Law. This Agreement shall be governed by the laws of the State of
Florida, with venue lying in Miami -Dade County, Florida.
13. Indemnification. FIU shall indemnify, defend and hold harmless the City and its
officials, employees and agents (collectively referred to as "Indemnities") and each of them from
and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees)
or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any
person or damage to or destruction or loss of any property arising out of, resulting from, or in
connection with (i) the performance or non-performance of the Services contemplated by this
Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any
act, omission, default or negligence (whether active or passive) of FIU or its employees, agents or
subcontractors (herein referred to as "FIU"), regardless of whether it is, or is alleged to be, caused
in whole or part (whether joint, concurrent or contributing) by any act, omission, default or
negligence (whether active or passive) of the Indemnities, or any of them or (ii) the failure of FIU
to comply with any of the paragraphs herein or the failure of the FIU to conform to statutes,
ordinances, or other regulations or requirements of any governmental authority, federal or state, in
connection with the performance of this Agreement. This indemnification shall survive the term
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of this agreement. The provisions of this section shall be construed to conform to the limits of Sec.
768.28 F.S.
F. 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 City:
Daniel J. Alfonso, City Manager
444 S.W. 2nd Avenue, loth Floor
Miami, Florida 33130
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
G. Public Records:
As to FIU-CARTA:
Brian Schriner, Dean
College of Architecture + The Arts
Florida International University
11200 SW 8th Street, MBUS 429
Miami, FL 33199
E-Mail: schriner@fiu.edu
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:
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6) Keep and maintain public records that ordinarily and necessarily would
be required by the public agency in order to perform the service.
7) 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.
8) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
9) 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.
10) 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 Schriner
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
Elizabeth Bejar
Vice President Academic Affairs
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CITY OF MIAMI, a municipal corporation
BY:
Daniel J. Alfonso, City Manager
ATTEST:
Todd Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Risk Management
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