HomeMy WebLinkAboutJ-2 Resolution: MDCC AgreementCity of ~Vliami Gard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Aqenda Cover Paqe
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andr~ Williams
Date: April 26, 2007
Fiscal Impact: No ^ Yes X Public hearing ^ Quasi-Judicial ^
(If yes, explain in Staff Summary) Ordinance ^ Resolution X
Funding Source: 1st Reading ^ 2nd Reading ^
Contract/P.O. Requirement: Yes X No^ Advertising requirement: Yes ^ No X
Sponsor Name/Department: Chief Boyd, Police Department RFP/RFQ/Bid #
Title
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT FOR SERVICES
BETWEEN THE CITY OF MIAMI GARDENS AND MIAMI DADE COLLEGE AND
THAT CERTAIN ADDENDUM TO THE AGREEMENT FOR SERVtCES IN THE
AMOUNT OF $21,450.00, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT
A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
StafF Summarv
When the City of Miami Gardens transfers police service from Miami-Dade County
(MDC) on December 1, 2007, training will be an integral part of daily police operations.
In an effort to provide quality police services, sworn personnel will be trained in
department policies and procedures, use of force, laws of arrest, code enforcement,
discriminatory profiling and professional traffic stops, quality of life issues, community
policing, ethics, crime scene procedures, managing encounters with the mentally ill,
CPR, radio communications, mobile communications terminal, and mobile field
reporting. The aforementioned topics will be facilitated by police department staff in a
classroom setting with scenario-based practices to reinforce classroom instruction.
In addition to classroom training, officers wi
weapon, demonstrate defensive driving skills,
and defensive tactics. Florida Department
require that this training be administered at
liability instructors.
be required to qualify with their service
and show proficiency in arrest procedures
of Law Enforcement (FDLE) mandates
i certified training facility by certified high
J-2) CONSENT AGENDA
RESOLUTION
MIAMI DADE COLLEGE
Staff Summarv
Broward Community College and Miami Dade College were contacted and requested to
provide a quote for a 2-day training program to include: 8-hour firearms training and
qualification, a 4-hour defensive tactics refresher course, and a 4-hour vehicle
operations course for 150 officers. This training is scheduled to be provided during the
month of October 2007.
The Broward Community College, Institute of Public Safety (BCC-IPS) is located at
3501 Davie Road, Davie, Florida 33314 which is fourteen (14.0) miles from the City of
Miami Gardens. BCC-IPS is a state of the art facility designed for use of the police
academy. Cost for sixteen (16) hours of training is $160.00 per officer.
The Miami-Dade College, School of Justice (MDC-SOJ) is located at 11380 N.W. 27
Avenue, Miami, Florida 33167 which is seven (7) miles from the City of Miami Gardens.
MDC-SOJ is the largest academy in the tri-county area. Cost for sixteen (16) hours of
training is $143.00 per officer.
Recommendation:
The Miami Dade College School of Justice is the closest and offers the most
economical training cost per officer. Therefore, it is respectFully requested that the City
Council approve the attached resolution authorizing the City Manager to negotiate and
execute an agreement with Miami Dade College School of Justice in the amount of
$21,450.00 to provide sixteen (16) hours of training for 150 sworn officers.
RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, THAT CERTAIN AGREEMENT FOR
SERVICES BETWEEN THE CITY OF MIAMI GARDENS
AND MIAMI DADE COLLEGE AND THAT CERTAIN
ADDENDUM TO THE AGREEMENT FOR SERVICES IN
THE AMOUNT OF $21,450.00, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE.
1 WHEREAS, the City of Miami Gardens is in the process of establishing its own
2 Police Department, and
3 WHEREAS, it will be required for the City of Miami Gardens to provide training to
4 its police officers in a variety of different areas, and
5 WHEREAS, City Staff requested quotes from both Broward Community College
6 and Miami Dade College for training for its officer, and
7 WHEREAS, the Miami Dade College School of Justice responded with the lowest
8 cost for the services, and
g WHEREAS, City staff is recommending that the City contract with Miami Dade
10 College for this purpose,
11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
12 OF MIAMI GARDENS, FLORIDA, as follows:
13 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
14 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
15 made a specific part of this Resolution.
16 Section 2. AUTHORITY: The Mayor and City Clerk are hereby authorized and
17 directed to execute and attest, respectively, that certain Agreement for Services
18 between the City of Miami Gardens and Miami Dade College and that certain
19 Addendum to the Agreement for Services in the amount of $21,450.00, copies of which
20 are attached hereto as Exhibit A.
21 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
22 authorized to obtain three (3) fully executed copies of the subject Agreement, with one
23 to be maintained by the City; with one to be delivered to Miami Dade College, and with
24 one to be directed to the Office of City Attorney.
25 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
26 upon its final passage.
27 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
28 GARDENS AT ITS REGULAR MEETING HELD ON MAY 9, 2007.
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ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
SHIRLEY GIBSON, MAYOR
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson
(Yes) (No)
49 Vice Mayor Oscar Braynon, II
50 Councilman Melvin L. Bratton
51 Councilman Aaron Campbell
52 Councilman Andre Williams
53 Councilwoman Sharon Pritchett
54 Councilwoman Barbara Watson
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56 SKD/teh
218029_1. DOC
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(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
(Yes) (No)
Miami Dade College
AGREEMENT FOR SERVICES
This Agreement is hereby made on the day of May 2007 between the Miami Gardens
Police Department ("Police Department and Miami Dade College ("MDC and/or College"), a
public educational institution, located at 11380 NW 27th Avenue, Miami, FL, 33167 for the
month of October 2007.
The City of Miami Gardens, Police Department desires to have the College provide particular
law enforcement training to 150 city police officers at the College's North Campus, School of
Justice.
The College has agreed to provide the requested law enforcement training services in
accordance with the terms and conditions of this Agreement.
In consideration of the mutual agreements and promises set forth in this Agreement, the
College shall provide the following training services:
1. 8-hours Range Qual'i~ic3ti ~ SFDL~E9'Di~scOr~ ti ~nar p yh °~enof $73 0 perC offi perr
session on October , , ,
Ammunitions and weapons will be provided by the School of Justice.
2, 4-hours Vehicle Operations for 40 officers per session on October 9, 10, 11, 15, 16
and 17, 2007 at a pay rate of $40.00 per officer. Vehicles will be provided.
3. 4-hours Defensive Tactics for 20 officers per session on October 9, 10, 1 l, 15, 16, and
17, 2007 at a rate of $30.00 per officer. Appropriate equipments will be provided.
Each officer will be given a Performance Evaluation.
An invoice package shall be submitted to the Police Department. In the package will also
include an attendance sheet or sign-in sheet. The invoice amount shall be based on the number of
police officers trained. The total number of police officers trained will not exceed 150. The total
contract amount will not exceed Twenty-One Thousand, Four Hundred, Fifty Dollars
($21,450.00).
Terms and Conditions
1. The College shall:
a. Furnish light, heat and water by means of the appliances installed for ordinary
purposes, but for no other purposes. Interruptions, delays, or failure in furnishing
any of the same caused by anything beyond the control of the College shall not be
chargeable to the College
b. Is not responsible for any damage, accidents or injury that may happen to the
Police Department its agents, representatives, employees, spectators and any and
all other participants and/or property from any cause whatsoever arising out of or
Miami Dade College/Sch of Justice
City of Miami Gardens Police Dept.
FDLE Qualification Training
resulting from the above described activity during the period covered by this
Agreement.
c. Reserve the right, in the exercise of its discretion, to rescind and cancel this
Agreement at any time when, in its opinion, the purpose or purposes for which the
premises herein described are being used or intended to be used, shall be
obnoxious or inimical to the best interests of the College; anything herein
contained not withstanding.
d. The activities of MDC have first priority and the College reserves the right to alter
this schedule by notifying the renting party 48 hours prior to a scheduled event.
e. As its option, MDC attaches a rider, which outlines the fee schedule and other
detail specifications of this Agreement, and becomes part of this Agreement.
2. Tbe Police Department shall:
a. Obtain at the Police Department's own cost and expenses any and all licenses or
permits required by law or ordinance
b. Take the premises as they are found at the time of occupancy by the Police
Department. In the event the Police Department finds it necessary to remove or
change the equipment, the changes shall be made by the Police Department at the
Police Department's expense and shall be replaced as found: provided, however,
that no removals or changes shall be made without prior written consent of the
MDC Campus President.
c. Remove from the premises within twenty-four (24) hours following the
conclusion of the contracted activity and all equipment and material owned by the
Police Department. MDC assumes no liability for the Police Department's
equipment or material.
d. Have all deliveries of needed equipment and materials made only after approved
arrangements with the Campus President
e. Not assign this Agreement or sublet the premises or any part thereof or use said
premises or any part thereof for any purposes other than that therein specified,
without written consent of the MDC Campus President.
£ Not bring on premises, keep, or possess or use any alcoholic beverages or
gambling devices of any kind.
g. Not use or store or permit to be stored in or on any part of the College's premises
any substance or thing prohibited by any law or ordinance, or by standard policies
or fire insurance companies operating in the state of Florida.
h. Save College and its District Board of Trustees harmless and indemnify it aog e1n~st
any claims or liability for workers compensation, public liability, p p y
damage liability, or any claims for such damage, accident, or injury claims made
by the Police Department's City Council, employees, agents or representatives
that may arise as a result of the Police Department's participation activities on the
College's property under this Agreement.
Miami Dade College/Sch of Justice
City of Miami Gardens Police Dept.
FDLE Qualification Training
i. Protect and indemnify the College, its District Board of Trustees and/or any
officer, agent, or employee of the College and save them harmless in every way
from all suits or actions at law for damage or injury to persons, life or property
that may arise to be occasioned in any way because of the Police Department's
occupancy of the facilities or premises.
j. Assume full responsibility for the character, acts and conduct of all persons
admitted to the College's facilities pursuant to the Police Department's consent
and under this Agreement.
k. Insurance coverage of combined single limits of $1 million per occurrence,
including costs will be provided by the Police Department. A certificate of
insurance shall be provided and name: Miami Dade College, District Board of
Trustees and Miami Dade College as additional insured.
l. Present to MDC an advance security and/damage deposit in the amount of
$1,000.00 at least twenty-four (24) hours prior to the event. This deposit shall be
either a cashier's check or bond make payable to: Miami Dade College. The
deposit will be returned to the Police Department of the College after all financial
obligations have been fulfilled.
3. Payment of Charges
a. All payments must be made by check or money order payable to: Miami Dade
Colle e
b. All payments will be delivered to the Campus President no later than one (1)
week after the Police Department has used the college facilities or services.
c. Any Police Department not paying the agreed price within the stipulated time
after the day of usage will only be permitted to use College facilities in the future
after payment of delinquent charges and in advance of any future approved dates
d. The fees and specific details as needed for the use of College facilities are
outlined in Attachment A, and become part of this Agreement.
4. Additional Regulations and Acknowledgements:
a. Activities will not be permitted between the hours of 10:00 p.m. and 7:00 a.m.
b. Smoking will not be allowed in the buildings of the College, nor will the use of
any controlled substances that violate any federal, state or county statutes.
c. Possession and/or consumption of alcoholic beverages are prohibited on all
College property.
d. Equipment owned by MDC will not be taken from the College property under any
conditions and in the event any equipment is found missing, Police Department is
responsible for its replacement cost.
e. This Agreement will not be binding upon the College until approved by both the
Campus President and the Provost for Operations, or their designees.
Miami Dade College/Sch of Justice
City of Miami Gardens Police Dept.
FDLE Qualification Training
f. The parties acknowledge and agree that the formulation of this Agreement
constitutes the making of a contract within the state of Florida and agree to submit
to the jurisdiction of the courts in the State of Florida with respect to claims
arising out of the Agreement.
g. It is understood that terms "College and MDC" as shall include the District Board
of Trustees Miami Dade College and its employees, administrators, and agents.
h. By entering into this Agreement, the Police Department acknowledges that it has
the authority and approval by the City of Miami Gardens, City Council to bind the
City of Miami Gardens to the terms and conditions of this Agreement.
5. Term of Agreement:
The College shall provide training services under this Agreement beginning on
October 1, 2007 until October 31, 2007. The parties may mutually agree to
renew this Agreement on a month to month basis. All renewals must be in
writing and duly authorized by each party.
Miami Dade College
Miami Gardens Police Department
Dr. Jose Vicente, Campus President
Dr. Donna Jennings,
School of Justice Director
Meredith E. Gibbs, Provost of Operations
Chief of Police
Ronetta Taylor, CMC
City Clerk's Office
(Seal)
Reviewed for Legal Sufficiency
Francine T. Steelman, MDC Legal Counsel
Approved as to Form
Sonja K. Dickens, City Attomey
Miami Dade College/Sch of Justice
City of Miami Gardens Police Dept.
FDLE Qualification Training
ADDENDUM TO AGREEMENT FOR SERVICES
THIS ADDENDUM is hereby made on the day of May, 2007, to that certain
Agreement for Services between Miami Dade College, School of Justice North Campus
("MDC and/or College") and the City of Miami Gardens ("City"), and provides as follows:
1. The contracting party to the Agreement shall be changed from the City of Miami
Gardens Police Department to the City of Miami Gardens.
2. Under Terms and Conditions, Section 1(c), shall be amended as follows:
Both parties reserve the right, in the exercise of their
discretion, to rescind and cancel this Agreement with or
without cause. Before canceling or rescinding this
Agreement, the canceling or rescinding party shall provide
thirty (30) days notice to the other party.
3. Sections 1(b) and 2(h) of the Terms and Conditions shall be omitted and
replaced with the following:
To the extent and within the limits of §768.28, Florida
Statutes, as may be amended, MDC shall indemnify and
hold harmless the City, its Council, officers, and employees
from liabilities, damages, losses and costs including, but not
limited to, reasonable attorneys' fees through any appeal to
the extent caused by the negligence, recklessness or
intentional wrongful conduct of MDC, its employees and
agents utilized by MDC in the performance of this
Agreement.
City shall indemnify and hold harmless MDC, its District
Board of Trustees, officers, and employees from liabilities,
damages, losses and costs including, but not limited to,
reasonable attorneys' fees through any appeal to the extent
caused by the negligence, recklessness or intentional
wrongful conduct of City and other persons employed or
utilized by City in the perFormance of this Agreement.
Nothing contained herein shall be deemed a waiver of
sovereign immunity by the City.
4. Paragraph 2(e) shall be omitted and replaced with the following:
Neither party should have the right to assign this Agreement
without written consent of the other party.
5. Paragraph 5 shall be added to the Agreement as follows:
If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged
dispute, breach, default or misrepresentation in connection
with any provisions of this Agreement, the successfu~ or
prevailing party or parties shall be entitled to recover
reasonable attorneys' fees, expenses and court costs,
including appellate fees incurred in that action or proceeding,
in addition to any other relief to which such party or parties
may be entitled.
2
Addendum to City of Miami Gardens
clean copy 5-07
IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the
date indicated above.
(Signatures to follow on next page.)
3
Addendum to City of Miami Gardens
clean copy 5-07
MIAMI DADE COLLEGE
ATTEST:
Ronetta Taylor, CMC
City Clerk
APPROVED AS TO FORM:
Sonja K. Dickens, City Attorney
By:
Dr. Jose Vicente,
Campus President
By:
By:
Dr. Donna Jennings,
School of Justice, Director
Meredith E. Gibbs,
Provost for Operations
Reviewed for Legal Sufficiency
Francine T. Steelman,
MDC Legal Counsel
CITY OF MIAMI GARDENS
By:_
4
SHIRLEY GIBSON,
Mayor
Addendum to City of Miami Gardens
clean copy 5-07