Loading...
HomeMy WebLinkAboutItem J-1 Resolution: Testing ServicesCity of ~Vliami C~ard~ens 1515-200 NW 167Lh Stxeet Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Oscar Braynon II Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Andre Williams Councilwoman Sharon Pritchett Councilwoman Barbara Watson 1V~M0 LTM To: Mayor and City Council From: Dr. Danny O. Crew City Manager Date: January 24, 2007 Re: Proposed Resolution authorizing the City Manager to negotiate and execute an agreement for psychological testing services for the Police Department In the past the City contracted with Miami-Dade County fior police service. In fiscal year 2006-07 the City allocated funds for the development of our police department. Psychological testing and evaluation for all police officers, public service aides and sworn police officers is mandated for fitness-for-duty. Psychological testing and evaluation is part of the hiring process and must be completed for all police officers sworn and non-sworn and public service aides. The City's purchasing ordinance exempts services rendered by health providers including mental health from competitive bidding. Law Enforcement Psychological and Counseling Associates, Inc. perForm psychological testing and evaluation for several police departments in Miami-Dade County and Broward County including City of Miami, City of North Miami, City of Hallandale Beach, City of Ft. Lauderdale, City of Boca Raton, City of Homestead, Town of Davie, Miami-Dade County, etc. Dr. Mark Axelberd's psychological evaluations, delivery of results and costs per applicant are timely and comparable to the other entities he provides services to. Recommendation: That the City Council approve the attached resolution authorizing the City Manager to negotiate and execute an agrPement with law Enforcement J-1) CONSENT AGENDA RESOLUTION POLICE PSYCHOLOGICA~ TESTING SERVICES Psychological and Counseling Associates, In~. to pro~!ide psychological testing and evaluatian services for the Police Dep~rtment in the amounts of $250.00/Police Officer and $150.00/Non-sworn positions which could exceed the City Manager's authority. 2 RESOLUTION No. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., FOR PSYCHOLOGICAL TESTING SERVICES FOR THE POLICE DEPARTMENT, IN SUBSTANTIAL FORM AS THAT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, in the past, the City contracted with Miami-Dade, County for police 2 services, however, in fiscal year 2006-07, the City allocated funds for the development 3 of its own police department, and 4 WHEREAS, psychological testing and evaluation for police officers, public 5 service aides and sworn police officers is mandated for fitness-for-duty, and is a part of 6 the hiring process and must be completed for all police o~cers sworn and non-sworn 7 public service aides, and 8 WHEREAS, the City's purchasing Ordinance exempts services rendered by 9 health providers, including mental health, from competitive bidding, and 10 WHEREAS, Law Enforcement Psychological and Counseling Associates, Inc. 11 performs psychological testing and evaluation for several police departments in Miami- 12 Dade County and Broward County including City of Miami, City of North Miami, City of 13 Hallandale Beach, City of Ft. Lauderdale, City of Boca Raton, City of Homestead, Town 14 of Davie, Miami-Dade County, and 15 WHEREAS, both the City and the Provider desire to enter into the Agreement, 16 attached hereto as Exhibit A, RESOLUTION CONTRACT FOR PSYCHOLOGIAL TESTING 01.24.07 17 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 19 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21 made a specific part of this Resolution. 22 Section 2. AUTHORITY: The City Manager is hereby authorized and directed 23 to execute that certain Agreement with the Law Enforcement Psychological and 24 Counseling Associates, Inc., for psychological testing services for police applicants for 25 the City of Miami Gardens Police Department, in substantial form as that Agreement 26 attached hereto as Exhibit A. 27 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 28 authorized to obtain three (3) fully executed copies of the subject Agreement, with one 29 to be maintained by the City; with one to be delivered to Law Enforcement 30 Psychological and Counseling Associates, Inc., and with one to be directed to the Office 31 of City Attorney. 32 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 33 upon its final passage. 34 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35 36 37 38 39 40 41 42 43 GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 24, 2007. SHIRLEY GIBSON, MAYOR ATTEST: RESOLUTION CONTRACT FOR PSYCHOLOGIAL TESTING 01.24.07 44 RONETTA TAYLOR, CMC, CITY CLERK 45 46 Prepared by SONJA KNIGHTON DICKENS, ESQ. 47 City Attorney 48 49 SPONSORED BY: DANNY CREW, CITY MANAGER 50 51 MOVED BY: 52 53 VOTE: 54 55 Mayor Shirley Gibson (Yes) (No) 56 Vice Mayor Oscar Braynon, II (Yes) (No) 57 Councilman Melvin L. Bratton (Yes) (No) 58 Councilman Aaron Campbell (Yes) (No) 59 Councilman Andre' Williams (Yes) (No) 60 Councilwoman Sharon Pritchett (Yes) (No) 61 Councilwoman Barbara Watson (Yes) (No) RESOLUTION CONTRACT FOR PSYCHOLOGIAL TESTING 01.24.07 Psychological Testing Services for Police Applicants THIS AGREEMENT is made and entered into this day of , 2007, by and between the City of Miami Gardens, a Florida municipal corporation (hereinafter referred to as "City"), and Law Enforcement Psychological and Counseling Associates, Inc. having its principal office at 3900 NW 79th Avenue, Suite 726, Miami, Florida 33166,authorized to do business in the State of Florida, (hereinafter referred to as "Contractor") and jointly referred to as "the Parties." WITNESSETH: WHEREAS, the Contractor has offered to provide psychological testing services for all police officers, public service aides, and sworn police officers mandated for fitness-for-duty evaluation, that shall conform to the Scope of Services (Exhibit A) incorporated herein by reference; and the requirements of this Agreement; and, WHEREAS, the City desires to procure from the Contractor such services for the City in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as follows: Article 1 Incorporation bv Reference. The following documents are hereby incorporated by reference and made part of this Agreement. (i) Scope of Services (Exhibit A). (ii) Price Schedule (Exhibit B). All exhibits may also be collectively referred to as the "Documents". In the event of any conflict between the Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. This Agreement B. Exhibit A C. Exhibit B 126049_I Article 2 Scope of Work The scope of services is to conduct valid, reliable, and cross-cultural psychological testing of all police officer, public service aide, police commander, police sergeant, police captain, deputy chief, chief of police candidates, etc. at the Contractor's facility located in Miami-Dade County. Contractor shall perform the work under the general direction of the City and shall furnish all labor, materials, supplies, equipment, supervision and services necessary for and incident to the performance of the work. By signing this Agreement, Contractor represents that it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the Work and the conditions under which the Work is to be performed. Article 3 Qualifications Contractor and the individual executing this Agreement on behalf of the Contractor warrant to the City that the Contractor is a Florida corporation duly constituted and authorized to do business in the State of Florida, is in good standing and that Contractor is a licensed clinical psychologist and possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to perForm the work herein described. (Will only one psychologist perform the psychological testing? If not, all psychologists need to be licensed & certified.) Article 4 Compensation For all Services provided by Contractor, the City shall pay Contractor in accordance with Exhibit B per individual applicant for Contractor's Services. Contractor shall submit monthly invoices for Services to the Human Resources Department (hereinafter referred to as "the Department"). City shall remit payment for all undisputed amounts within thirty (30) days of receipt of an invoice. All invoices shall include a detailed explanation of all fees and charges. Contractor shall make no charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless approved by the City. If the City disputes any charges on the invoices, it may make payment of the contested amounts and withhold payment on the contested amounts until they are resolved Reimbursable expenses shall be listed individually, with supporting documentation attached. (What are reimbursable expenses?) Article 5 Pricin Prices shall remain firm and fixed for the term of the Agreement including, any option years; however, the Contractor may offer incentive discounts to the 126049_1 2 City at any time during the contractual term and any extensions thereof. (Is there a maximum amount?) Article 6 Contract Term The Agreement shall become effective remain in effect for duration of three (3) years. reserves the right to exercise the option to additional two (2), one-year terms. Article 7 Indemnification on The City, at its sole renew this and shall discretion, Agreement for an Contractor shall, at Contractor's sole cost and expense, defend, indemnify, and hold the City and all of its elected officials, officers, agents, or employees, harmless from and against any and all losses, demands, claims, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or in any way connected with Contractor's perFormance or non-performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts befinreen Contractor and third parties made pursuant to this Agreement. Contractor shall reimburse the City for all of its expenses including reasonable attorney fees and costs incurred in connection with the defense of any such claim or investigation, throughout the appeals process. Nothing contained herein shall be deemed a waiver of sovereign immunity by the City. Article 8 Insurance Contractor shall provide and maintain general liability insurance coverage, for personal injury and property damage in the minimum amount of One Million ($1,000,000.00) Dollars, per incident, for personal injury, and Five Hundred Thousand ($500,000.00) Dollars, per incident, for property damage. Contractor shall provide and maintain professional liability (errors and omissions) insurance coverage, 1) $500,000 per occurrence, $1,000,000 aggregate or dedicated project limits with a deductible (if applicable) not to exceed $25,000.00 per claim (audited financial statements required). The certificate of insurance shall reference any applicable deductible; 2) Claims made policy must have an extended period of finro years or occurrence based policy; 3) Deductible program or Self Retention Program an Irrevocable Letter of Credit or perFormance Bond for amount of SRI is required. Contractor shall also be required to provide and maintain, during the life of the Agreement, comprehensive automobile liability insurance coverage for bodily injury and property damage in the minimum amount of $500,000.00 or each occurrence and $500,000.00 combined single limit. 126049_1 3 Such liability policy of insurance shall designate the City as an additional insured and Contractor shall deliver a fully effective certificate to that effect, evidencing no less than thirty (30) day cancellation power. Contractor shall also provide City with proof that Contractor has workers' compensation insurance in an amount, which satisfies the requirements of Florida Law, for any employee of the Contractor. Contractor shall not commence work pursuant to this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. Article 9 Termination The City may, for its convenience and without cause, terminate this Agreement by giving Contractor written notice at least thirty (30) days prior to the effective date of the termination. Upon written notice of the City's desire to terminate this Agreement, Contractor shall provide only those services and incur only those expenses specifically approved or directed in writing by the City Manager or his designee. The City may terminate this Agreement for cause immediately, and without prior notice to Contractor. Should the City terminate this Agreement for cause, the City shall provide notice as soon as possible to Contractor. Contractor may terminate this Agreement by giving the City written notice at least thirty (30) days prior to the effective date of termination. In the event of termination or expiration of this Agreement, Contractor and City shall cooperate in good faith in order to effectuate a smooth and harmonious transition from Contractor to the City or to any other person or entity the City may designate, and to maintain during such period of transition that same services provide to the City pursuant to the terms of this Agreement. Contractor will take all reasonable and necessary actions to transfer all records, etc. and data of the City in its possession in an orderly fashion to either the City or its designee in a hard copy and computer format. If either party terminates this Agreement, the City shall only pay Contractor for the services provided through the date of termination. Article10 Ownership All records originated or prepared by Contractor pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto shall be owned by the City. 126049_1 4 Article 11 Modification/Amendment This writing and exhibits contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify and amend the terms of this Agreement, unless executed in writing with the same formality as this Document. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Article 12 Severabilitv If any term or provision of this Agreement shall to any extent be held invalid, or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. Article 13 Governinq Law This Agreement shall be construed in accordance with and governing by the laws of the State of Florida, with venue lying in Miami-Dade County, Florida. Article 14 Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the City of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by Contractor of the same, or any other provision or the enforcement thereof. The City's consent to or approval of any act by Contractor requiring the City's consent or approval shall not be deemed to render unnecessary the obtaining of the City's consent to or approval of any subsequent consent or approval of Contractor, whether or not similar to the act so consented to or approved. Article 15 Notices/Authorized Representatives Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or 126049_1 certified mail with postage prepaid return receipt requested, or by Federal Express addressed to the parties at the following address: City: Danny Crew, City Manager City of Miami Gardens 1515 NW 167th Street #200 Miami Gardens, FL 33169 Contractor: Mark Axelberd, Ph.D. Law Enforcement Psychological , and Counseling Associates, Inc. 3900 NW 79th Avenue, Suite 726 Miami, FL 33166 With a copy to: Sonja K. Dickens, Esq. City Attorney Arnstein & Lehr LLP 200 East Las Olas Blvd., Suite 1700 Ft. Lauderdale, FL 33301 Either party shall have the right to change its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions herein. Article 16 Independent Contractor Contractor is and shall remain an independent contractor and is not an employee or agent of the City. Services provided by Contractor shall be by employees of Contractor and nothing in this Agreement shall in any way be interpreted or construed to deem said employees to be agents, employees, or representatives of the City. Contractor shall be responsible for all compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status or rights of its employees during the course of their employment with Contractor. The rights granted to Contractor hereunder are nonexclusive, and the City reserves the right to enter into agreements with other persons or firms to perForm services including those hereunder. Article 17 Assiqnment Subject to the provisions above, this Agreement shall not be assignable by Contractor. Article 18 Prohibition Aqainst Continqent Fees Contractor warrants that it has no employees or retained any Contractor or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), Contractor, corporation, individual or firm, other than a bona fide 126049_1 6 employee working solely for Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article 19 Attorneys' Fees Should any dispute arise hereunder, the prevailing party shall be entitled to recover all costs, expenses and attorney's fees incurred in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney's fees through all appeals or other actions. Article 20 Non-Discrimination Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the Americans with the Disabilities Act of 1990, the Age Discrimination Act of 1975. Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status or status with regard to public assistance. Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Article 21 Conflict of Interest Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, which is incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Article 22 Bindinq Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. Article 23 Construction This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 24 Individuallv Identifiable Health Information and/or Protected Health Information Any person or entity that performs or assists the City of Miami Gardens with a function or activity involving the use or disclosure of "Individually 126049_1 7 Identifiable Health Information (IIHI) and/or Protected Health Information (PHI)" shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HIPAA mandates for privacy, security and electronic transfer standards, including but not limited to: a. Use of information only for performing services required by the contract or as required by law; b. Use of appropriate safeguards to prevent non-permitted disclosures; reporting to the City of Miami Gardens of any non-permitted use or disclosure; c. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Contractor and reasonable assurances that IIHI/PHI will be held confidential; d. Making Protected Health Information (PHI) available to the customer; e. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; f. Making PHI available to the City of Miami Gardens for an accounting of disclosures; and g. Making internal practices, books and records related to PHI available to the City of Miami Gardens for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Contractor must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. Article 25 Entire Agreement No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. Article 26 Captions and Paragraph Headinqs Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions hereof. 126049_1 Article 27 Joint Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties that the other. It is the parties' further intention that this Agreement be construed liberally to achieve its intent. Article 28 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Article 29 Exhibits are Inclusionarv All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 126049_1 9 IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. CITY OF MIAMI GARDENS Danny Crew, City Manager Date ATTEST: City Clerk Ronetta Taylor, CMC Approved as to form and legal sufficiency: Sonja Dickens, City Attorney LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC. By: Signature Date Print name 126049_1 1~