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HomeMy WebLinkAboutReso 2019-2992 • RESOLUTION NO. 2019-2112- A ZA RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING A CONSULTANT AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND FRED A. MAAS, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Fred A. Maas ("Consultant") is one of the founding members of the City of Sunny Isles Beach Police Department and was appointed Chief of Police on April 6, 1998; and WHEREAS, after serving the City for 20 years Police Chief, the Consultant tendered notice of his retirement from the Sunny Isles Beach Police Department effective July 20, 2018; and WHEREAS, during his tenure, the Consultant gained extensive knowledge of the daily operations of the Sunny Isles Beach Police Department; and WHEREAS, on June 21, 2018, via Resolution No. 2018-2838 the City Commission approved a consulting agreement retain the Consultant for a one (1) year period as a Consultant to the Sunny Isles Beach Police Department on an as-needed basis; and WHEREAS, City Manager saw the need to retain the Consultant's services on an as- needed basis throughout the term of this Consultant Agreement on matters relating to the City's Police Department; and WHEREAS, the City now wishes to ratify a Consultant Agreement, attached hereto as Exhibit "A", to retain Fred A. Maas for a six (6) month period as a Consultant to the Sunny Isles Beach Police Department on an as-needed basis; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of the Consultant Agreement. The City Commission hereby ratifies the Consultant Agreement between the City of Sunny Isles Beach and Fred A. Maas, attached hereto as Exhibit "A", to assist on an as-needed basis with general policy matters for the City of Sunny Isles Beach Police Department. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. Page 1 of 2 r PASSED AND ADOPTED this 19th day of Septe I .er 20 •. George H Scholl, Mayor ATT : : Attar: Mauricio Betangur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ).-1;)A Edwar. • . Dion, City Attorney Moved by: CMccto2 60L1)6144-r4 Seconded by: COVAYAtc.cLor•JE-e_ A t t e Vote: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin /(Yes) (No) Commissioner Goldman —_(Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) Page 2 of 2 CONSULTANT AGREEMENT THIS CONSULTANT AGREEMENT, made and entered into as of the first day of August, 2019 by and between FRED A. MAAS (hereinafter "Consultant") and the CITY OF SUNNY ISLES BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter "City"). WITNESSETH: WHEREAS, Consultant was employed by City as Police Chief pursuant to Section 3.2 of the City Charter; and WHEREAS, during his employment, Consultant gained extensive knowledge of the functions of the City's Police Department; and WHEREAS, City wishes to retain Consultant's services on an as-needed basis throughout the term of this Consultant Agreement on matters relating to the City's Police Department. NOW, THEREFORE, in consideration of the mutual covenants and agreements as hereinafter set forth, Consultant and City agree as follows: 1. Services. Consultant shall assist on an as-needed basis concerning policy matters relating to the City's Police Department. 2. Term. This Consultant Agreement will commence as of August 1, 2019 and will terminate on January 31, 2020, unless sooner terminated pursuant to Paragraph 4. below. 3. Compensation and Taxes. Consultant's fee for the services to be provided to City pursuant to this Consultant Agreement shall not exceed Ninety-Seven Thousand Sixteen Dollars and Eighty-Eight Cents ($97,016.88), payable in monthly installments of Sixteen Thousand One Hundred Sixty-Nine Dollars and Forty-Eight Cents ($16,169.48). Consultant shall be responsible for the payment of any taxes, including but not limited to his personal federal income taxes. 4. Termination. This Consultant Agreement may be terminated by either party upon fifteen (15) days' written notice to the other party by certified mail —return receipt requested. 5. Condition Precedent. This Consultant Agreement is subject to the ratification of the City Commission.In the event that this Condition Precedent is not satisfied,this Agreement shall be terminated, thereupon Consultant and City shall be released, as to one another, of all further obligations under this Consultant Agreement. 6. Indemnification. Consultant agrees to indemnify, defend and hold harmless City and its officers, agents, representatives, volunteers, and employees from any and all loss, damage, and from any and all suits, actions and claims filed or brought by any person or persons, however caused, arising out of Consultant's negligent performance of the duties required by this Consultant Agreement. 369 7. Entire Understanding.The parties acknowledge that this Consultant Agreement contains the entire understanding of the parties and that it may not be modified without the express written consent of both parties hereto. 8. Jurisdiction and Venue.This Consultant Agreement shall be governed by the laws of the State of Florida and venue for any action arising out of this Consultant Agreement shall be in the courts of Miami-Dade County, Florida. 9.Attorneys' Fees. In the event either party commences litigation to enforce this Consultant Agreement, the prevailing party shall be entitled to the award of reasonable attorneys' fees and costs, including attorneys' fees and costs on appeal. IN WITNESS WHEREOF, the parties hereto have caused this Consultant Agreement to be executed as of the first day of August 2019. For the City: CITY OF SUNNY ISLES BEACH, FLORIDA A municipal corporation of the State of Florida By: Christop er J, Russo, City Manager , , A Et: Maurici. Beta ur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: u�� h Edward A. Dion, City Attorney For the Consultant: Fred A. Maas 2 370 1 o s0,7_ sawIsles Beach .. -,--i-s- 18070 Collins Avenue - I' gz if Sunny Isles Beach; Florida 33160 9� A9) i`oc,%() 41tr (305)947-0606 City Hall �`r'os sot+ "''o (305)949-3113 Fax MEMORANDUM . . TO: The Honorable Mayor and City Commission . • I FROM: George "Bud" Scholl, Mayor • DATE: 9/19/2019 - • - Ratifying a Consultant Agreement between the City of RE' Sunny Isles Beach and Fred A. Maas RECOMMENDATION: i The attached Resolution is presented for your consideration. 0 REASONS: • Fred A. Maas was employed by the Sunny Isles Beach Police Department for twenty(20) years gaining vast institutional knowledge of not only our law enforcement, but of the City, as well. Mr. Maas has expressed a desire to continue to help our current Police Chief and the Police Department in a role of a consultant. As such, the City Manager entered into the attached Consultant Agreement with Mr. Maas to maintain access to his institutional knowledge on an as-needed basis. . 9 He will be paid an amount not to exceed $97,016.88. ADDITIONAL INFORMATION: Chief.Maas is.one of the founding members of the Sunny Isles Beach i - - • . - -Police Department. He was instrumental in every aspect of the creation , - • • • of the department, including the selection of sworn and non-sworn staff. Additionally, Chief Maas is well revered amongst his peers,local and . • national. He has served on many intergovernmental task forces and is • often called to speak at numerous public safety events. Chief Maas has received numerous accolades and awards throughout his law enforcement'career including the most recent, being inducted into the O Florida Law Enforcement Hall of Fame on May 19, 2018. He is a testament to his profession. • 363