HomeMy WebLinkAboutReso 2020-3104RESOLUTION NO. 2020 - W
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING A FIRST
AMENDMENT TO THE AGREEMENT WITH FPI SECURITY
SERVICES, INC. TO AID IN ENFORCEMENT OF CITY, STATE, AND
FEDERAL EMERGENCY GUIDELINES AND REGULATIONS
RELATED TO COVID-19, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida continues to be in a declared State of Emergency as a
result of the COVID-19 pandemic; and
WHEREAS, on July 16, 2020 via Resolution No. 2020-3076, the City Commission
ratified an Agreement with FPI Security Services, Inc. to provide uniformed bilingual (English
and Spanish) security personnel interact with residents and visitors at various City parks to aid in
enforcement of City, State, and Federal emergency guidelines and regulations related to COVID-
19 ("Services"); and to the City for a period of eight (8) weeks, or until the conclusion of the
COVID-19 Public Health Emergency, whichever occurs first, for a total amount not to exceed
$60,000.00; and
WHEREAS, the City wishes to extend the term of the Agreement with FPI Security
Services, Inc., and approve a First Amendment to the Agreement to provide the Services to the
City until December 30, 2020, or until the conclusion of the COVID-19 Public Health
Emergency, whichever occurs first, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of First Amendment. The City Commission hereby ratifies the First
Amendment to the Agreement with FPI Security Services, Inc. to provide uniformed bilingual
(English and Spanish) security personnel interact with residents and visitors at various City parks
to aid in enforcement of City, State, and Federal emergency guidelines and regulations related to
COVID-19 until December 30, 2020, or until the conclusion of the COVID-19 Public Health
Emergency, whichever occurs first, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 17th day of ept�mber 2020.
George H. Scholl, Mayor
R2020 First Amend w FPI Security for Enforcement of COVID Guidelines Page l of 2
APPROVED AS TO FORM AND
LE L SU H RN Y:
Edward A. Dion, City Attorney
Moved b : n / r� Seconded b : / SS/ 0/�� n
y (.�iLl/SS D��SC�R Y �/�i�1/ti
Vote: 'f-, D
Mayor Scholl ����� (Yes) (No)
Vice Mayor Svechin (Yes) (No)
Commissioner Goldman Z(Yes) (No)
Commissioner Lama es) (No)
Commissioner Viscarra (Yes) (No)
R2020 First Amend w FPI Security for Enforcement of COVID Guidelines Page 2 of 2
� SV $ NNY lSCfF
a City of Sunny Isles Beach
18070 Collins Avenue
h k Sunny Isles Beach, Florida 33160
yBOA '' F 4,aos4 (305) 949-311Hall
3 Fax
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MEMORANDUM
TO:
The Honorable Mayor and City Commission
VIA:
Christopher J. Russo, City Manager
FROM:
Sylvia Flores, Director of Cultural & Community
Services
DATE:
9/17/2020
RE:
Ratifying First Amendment to Agreement with FPI
Security Services, Inc for COVID-related Services
RECOMMENDATION:
This item is presented for your consideration.
REASONS:
As everyone knows, in March, Governor DeSantis declared a state of
emergency, due to the pandemic of the Novel Coronavirus Disease
2019 (COVID-19). Parks and recreational facilities, as well as
programs and activities, were all suspended shortly thereafter.
In May 2020, the City of Sunny Isles Beach was able to reopen some
parks, but was in need of staff to implement safety procedures and
enforce safety protocols at these locations. Therefore, we entered into
an agreement with FPI Security Services, Inc for COVID-related
services, where they provided security guards to assist with parks
enforcement.
The term of the original agreement was for 8 weeks, or until the
conclusion of the COVID-19 Public Health Emergency, whichever
occurred first. This First Amendment to the agreement is extending the
term of the agreement until December 30, 2020 (or until the
conclusion of the COVID-19 Public Health Emergency, whichever
occurs first).
FUNDING SOURCE:
Funding is available in 001 -6-5720-431 000-XXXXX
ATTACHMENTS:
Description
Resolution
FirstAmendment
Item Number: 10.P.
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
•z THE CITY OF SUNNY ISLES BEACH AND FPI SECURITY SERVICES INC
�•''F•FL4'0'� CONTRACT NO. 6826-089-COV19
c,• of LVN 'NC
This First Amendment to the Agreement between the CITY OF SUNNY ISLESV.EACH
("Q}ty") and FPI SECURITY SERVICES, INC., ("Contractor") executed this A�ff day of
kW :rr , 2020, is made a part of the original Agreement dated June 22, 2020 ("the
Agreement"), attached hereto as Attachment "A", between the City and Contractor. The City and
Contractor hereby agree as follows:
RECITALS
WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory
illness that can spread among humans through respiratory transmission and other potential methods,
and presents symptoms similar to those of influenza; and
WHEREAS, on March 9, 2020, Governor DeSantis issued Executive Order Number 20-52
declaring a State of Emergency in the State of Florida; and
WHEREAS, on March 12, 2020, the City Manager of the City of Sunny Isles Beach ("City
Commission") declared a Local Emergency, which has been renewed every seven (7) days and is still
in effect at this time; and
WHEREAS, on April 27, 2020, Miami Dade County issued Emergency Order 21-20 allowing
parks and recreational facilities to open on April 29, 2020, under limited circumstances, and further
providing that municipalities may impose more stringent standards within their jurisdiction as may be
authorized by law; and
WHEREAS, on May 1, 2020, the City issued Emergency Order 06-20, ordering select City
parks and recreational facilities to reopen subject to a number limitations and guidelines, which may
be amended from time to time, for the purpose of complying with CDC guidelines, and limiting the
potential spread of COVID-19; and
WHEREAS, the City does not have adequate staff to comply with the protocols and specific
rules set forth by the CDC, Miami Dade County's Emergency Order 21-20, or City issued Emergency
Order 06-20, to ensure social distancing, use of facial coverings, and limitations on gatherings of
people at City parks; and
WHEREAS, as a result of COVID-19, exigent and emergency circumstances currently exist
as defined by the Federal Emergency Management Agency (FEMA) which warrant a non-
competitive procurement of the services to be provided by this Agreement as permitted by 2 CFR §
200.320(f)(2); and
WHEREAS, the enforcement of CDC guidelines, Miami Dade County's protocols and rules
as set forth in various Emergency Orders, as well as the City's guidelines for social distancing, use of
facial coverings, and limitations on gatherings of people, amongst other rules prepared at the direction
of public health officials and pursuant to public health guidance at the City's parks, is necessary in this
Public Health Emergency, known as COVID-19, to save lives, to protect property and public health,
and to ensure public safety, as well as to lessen or avert the threat of a catastrophe; and
WHEREAS, as a result of the above, on June 22, 2020, the City entered into the Agreement
with Contractor to provide the Services identified in the Agreement for a period of eight (8) weeks, or
until the conclusion of the COVIDI9 Public Health Emergency, whichever occurs first; and
WHEREAS, it is nearing the expiration of the eight (8) week term provided for in the
Agreement, and the COVID19 Public Health Emergency is still ongoing, and presents a current and
present danger to the health, life, and safety of the City's residents and visitors; therefore, the City
wishes to extend the term of the Agreement with Contractor for those critical Services, through
December 30, 2020, or until the conclusion of the COVIDI9 Public Health Emergency, whichever
occurs first .
NOW THEREFORE, in consideration of the promises and the mutual covenants herein name,
the parties agree as follows:
EXTENSION OF INITIAL TERM. The parties hereby agree to amend Section 3, by
eliminating the existing language in its entirety, and replacing it with the language set forth
below:
The term of this Agreement shall begin upon execution of the Agreement by all parties, and shall
continue through December 30, 2020, or until the conclusion of COVIDI9 Public Health Emergency,
whichever occurs first. In no event shall the term of this Agreement exceed the conclusion of the
COVIDI9 Public Health Emergency, and it shall further be subject to the City's ability to terminate in
accordance with Section 8 of this agreement. The terms of Sections 22 and 23 entitled "Indemnification
and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this
Agreement. The City shall notify the Contractor, in writing, once the COVID19 Public Health
Emergency has concluded. This Agreement may not be renewed.
2. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all
terms and conditions of the original Agreement between the parties dated June 22, 2020, shall remain
in full force and effect.
3. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this First Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Attachment "A".
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the
mentioned above.
PQAr106U 00
Print Name
ATTEST:
BY:
Maur cio e
CMC City C
FPI SECURITY SERVICES, INC.
i
BY:
Daniel Gonzalez, President.
CITY OF SUNNY ISLES BEACH
BY:
I�&/,O�
Christophe . Russo, City Manager
APPROVED AS TO FORM AND
LEGAL S FFICIENCY �
BY: _
Uepartm nt Head Edwart3 ACity Attorney
RESOLUTION NO. 2020 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, RATIFYING A FIRST
AMENDMENT TO THE AGREEMENT WITH FPI SECURITY
SERVICES, INC. TO AID IN ENFORCEMENT OF CITY, STATE, AND
FEDERAL EMERGENCY GUIDELINES AND REGULATIONS
RELATED TO COVID-19, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida continues to be in a declared State of Emergency as a
result of the COVID-19 pandemic; and
WHEREAS, on July 16, 2020 via Resolution No. 2020-3076, the City Commission
ratified an Agreement with FPI Security Services, Inc. to provide uniformed bilingual (English
and Spanish) security personnel interact with residents and visitors at various City parks to aid in
enforcement of City, State, and Federal emergency guidelines and regulations related to COVID-
19 ("Services"); and to the City for a period of eight (8) weeks, or until the conclusion of the
COVID-19 Public Health Emergency, whichever occurs first, for a total amount not to exceed
$60,000.00; and
WHEREAS, the City wishes to extend the term of the Agreement with FPI Security
Services, Inc., and approve a First Amendment to the Agreement to provide the Services to the
City until December 30, 2020, or until the conclusion of the COVID-19 Public Health
Emergency, whichever occurs first, attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Ratification of First Amendment. The City Commission hereby ratifies the First
Amendment to the Agreement with FPI Security Services, Inc. to provide uniformed bilingual
(English and Spanish) security personnel interact with residents and visitors at various City parks
to aid in enforcement of City, State, and Federal emergency guidelines and regulations related to
COVID-19 until December 30, 2020, or until the conclusion of the COVID-19 Public Health
Emergency, whichever occurs first, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 17t" day of $ept�mber 2020.
George H. Scholl, Mayor
R2020 First Amend w FPI Security for Enforcement of COVID Guidelines Page I of 2