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
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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.
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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
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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.
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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.
•
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