R06-100
II
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2 RESOLUTION NO. R06- 100
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE MAYOR AND CITY CLERK TO
7 EXECUTE A CONSUL T ANT AGREEMENT FOR
8 CONSULTING SERVICES BETWEEN CITY OF
9 BOYNTON BEACH AND TOWARD A MORE PERFECT
10 UNION, INC., PROVIDING CONSULTING SERVICES
11 FOR CULTURAL COMPETENCY TRAINING IN THE
12 AMOUNT OF $39,375.00; AND PROVIDING AN
13 EFFECTIVE DATE.
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16 WHEREAS, the City Commission of the City of Boynton Beach, upon
17 recommendation of staff, deems it to be in the best interests of the citizens and residents of
18 the City of Boynton Beach, to enter into an agreement with Toward A More Perfect Union,
19 Inc., in the amount of $39,375.00 to provide consulting services for cultural competency
20 training, and to authorize the Mayor and City Clerk to execute said Agreement;
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
24 ratified and confirmed by the City Commission.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
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26 hereby authorizes the Mayor and City Clerk to execute a Consultant Agreement between the
27 City of Boynton Beach and Toward A More Perfect Union, Inc., in the amount of$39,375.00,
28 to provide consulting services for cultural competency training for police officers and other
29 department staff who deal with the public.
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Section 3.
This Resolution shall become effective immediately upon passage.
S:ICAIRESO\AgreementsIConsult Agmt Cultural Competency Training.doc
PASSED AND ADOPTED this ~ day of June, 2006.
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'1n.~
CITY OF BOYNTON BEACH, FLORIDA
'(.~
Commissioner - uir C~ Ferguson
S:ICAIRESO\AgreementsIConsult Agmt Cultural Competency Training.doc
RoCo- 100
CONSUL T ANT AGREEMENT
THIS AGREEMENT, is entered between the City of Boynton Beach, hereinafter referred
to as "the City", and Toward a More Perfect Union, Inc., 500 South Australian Avenue, Suite 645,
West Palm Beach, FL 3340 I, hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
Cultural Competency Training.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on
Consultant's proposal for services, attached hereto as Exhibit "A" and incorporated herein by
reference.
30 TIME FOR PERFORMANCE. Work under this contract shall commence upon
approval by the City Commission.
4. PAYMENT. The Consultant shall be paid by the City as provided in Exhibit "A".
ao Final payment of any balance due the Consultant of the total contract price
earned will be made promptly upon its ascertainment and verification by the City after the
Completion of the work under this agreement and it's acceptance by the City.
b. Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
c. The Consultant's records and accounts pertaining to the agreement are to be
kept available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
50 OWNERSHIP AND USE OF DOCUMENTS. All documents produced by the
Consultant in connection with the services rendered under this Agreement shall be the property of
the City whether the project for which they are made is executed or not.
60 COMPLIANCE WITH LAWS. Consultant shall, in performing the services
contemplated by this agreement, faithfully observe and comply with all federal, state, and local
laws, ordinances and regulations that are applicable to the services to be rendered under this
Agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the
City, its offices, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including attorneys fees and costs, arising from injury or death to person, the
employees, or damage to property occasioned by a negligent act, omission or failure of the
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Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the
duration of this professional liability insurance with a minimum coverage of $1,000,000.00 per
occurrence.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the
Consultant is an independent contractor with respect to the services provided pursuant to this
agreement. Nothing in this agreement shall be considered to create the relationship of employer
and employee between the parties hereto. Neither consultant nor employee of consultant shall be
entitled to any benefits accorded City employees by virtue of the services provided under this
agreement. The City shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to Consultant, or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that
he has not employed or retained any company or person, other than a bona fide employee working
solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award or making of this contract. F or breach or violation of this warranty, the
City shall be the right to annul this contract without liability or, in its discretion to deduct from the
contract price or consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
110 DISCRIMINATION PROHIBITED. The Consultant, with regard to the work
performed by it under this agreement, will not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services
covered by this agreement without the express written consent of the City.
130 NON-WAIVER. Waiver by the City of any provision of this agreement or any
time limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
ao The City reserves the right to terminate this agreement at any time by giving ten (10)
days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of
its supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do so
by the City. This section shall not be a bar to renegotiations of this agreement between
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surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida
Lawo
16.
address:
NOTICES. Notices to the City of Boynton Beach shall be sent to the following
City of Boynton Beach
P.O. Box 310
Boynton Beach, FIL 33425-0310
A TTN: Kurt Bressner, City Manager
Notices to Consultant shall be sent to the following address:
Toward A More Perfect Union
500 South Australian Avenue
Suite 645
West Palm Beach, FL 33401
A TTN: Rick Caldwell, Cultural Competency Training Program Director
17. INTEGRATED AGREEMENT. This agreement, together with attachments or
addenda, represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This agreement
may be amended only by written instrument signed by both the City and Consultant.
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DA TED this /3
day of
fYo~
,20060
CITY OF BOYNTON BEACH
~7Yl~
Consultant
Attest/Authenticated:
(Corporate Seal)
Attest! Authenticated:
Secretary
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EXHIBIT A
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Agreement for Services
Between Toward a More Perfect Union, Inc.
and
The City of Boynton Beach, Police Department
Description of Services
Toward a More Perfect Union (TMPU) will provide Cultural Competency Training for
approximately 175 police officers and other department staff of the City of Boynton Beach.
There will be nine (9) training sessions, with the first session planned to begin in May
2006. To accommodate the numbers of trainees and their varied work schedules, groups
of approximately twenty participants will complete sixteen hours of training through two
eight hour sessions. Training will be conducted in facilities provided by the Police
Department.
Exact schedule and logistics will be arranged by TMPU and the Chief of Police.
The City will be responsible for arranging for participants in each session, and for assuring
that sessions are filled with a minimum of 15 and a maximum of 25 participants.
Attendance at both day-long sessions is required for a participant to 11 complete" the
training. TMPU will provide certificates to participants who complete the training. In
addition, TMPU will provide attendance reports, and aggregate demographic and
evaluation data, as requested by the City.
Cost of Services or Compensation
The cost per person in $275.00, and the total cost of the Cultural Competency Training
Program is $39,375. Half of the total cost, $19, 687.50, is due upon execution of this
Agreement, and the other half, $19,687.50, on completion of the training.
Payment is due within fifteen days of receipt of invoices to be provided by TMPU.
Contact Information
Toward a More Perfect Union:
Rick Caldwell, Cultural Competency Training Program Director
561-832-3336, Ext. 4
rcald well@tmpu.org
500 South Australian Avenue
Suite 645
West Palm Beach, FL 33401
Police Department:
G. Matthew Immler, Chief of Police
561-742- 6101
Immlerm@ci.boynton-beach.fl.us
100 East Boynton Beach Blvd
PO Box 310
Boynton Beach, FL 33425
City Hall
Kurt Bressner, City Manager and Wilfred Hawkins, Assistant City Manager
561-742-6010
100 East Boynton Beach Blvd
PO Box 310
Boynton Beach, FL 33425
Signatures below indicate acceptance of this Agreement by the parties:
4?/~#~~
William H. Rothchild, ACSW Date Kurt Bressner
Executive Director City Manager
Toward a More Perfect Union, Inc. Boynton Beach, FL
cc: Lauren Kanter
Rick Caldwell
Wilfred Hawkins
G. Matthew Immler
, /It/I tJ-b
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Date