Loading...
HomeMy WebLinkAboutReso 2022-3353RESOLUTION NO. 2022 - 0 J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH POLICING WITH PASSION, LLC, TO PROVIDE LAW ENFORCEMENT CONSULTING SERVICES, IN AN AMOUNT NOT TO EXCEED SEVENTY-TWO THOUSAND DOLLARS ($72,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") is in need of a consultant to provide law enforcement consulting services ("Services"); and WHEREAS, Policing with Passion, LLC ("Contractor") has an extensive background, including knowledge and experience in all local, state, and federal laws and regulations, public safety operations, administrative and personnel matters; and WHEREAS, the Contractor has previously provided services to the City under Contract No. 2022-7797, and is willing and able to continue working with the City by providing the desired Services; and WHEREAS, the City Commission now wishes to approve an Agreement with Policing with Passion, LLC, to provide law enforcement consulting services, in an amount not to exceed Seventy -Two Thousand Dollars ($72,000.00), 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. Approval of Agreement. The City Commission hereby approves an Agreement with Policing with Passion, LLC, to provide law enforcement consulting services, in an amount not to exceed Seventy -Two Thousand Dollars ($72,000.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 16th day of June 2022. Dana Robin Goldman, Mayor @BCL@900904B9.doc Page 1 of 2 86 ATTEST: ; APPROVED AS TO FORM AND LEGAL FFICIENCY: Mau to geta tur, CMC, City Clerk �\ and A. Dion, City Attorney Moved by: 4 -el i�/��Seconclecl by((Ji Vote: Mayor Goldman (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant :(Yes) (No) @BCL@900904B9.doc Page 2 of 2 87 S"NNY S�F J CITY OF SUNNY ISLES BEACH AGREEMENT p r WITH POLICING WITH PASSION' LLC CONTRACT NO. 2022-7797-02 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 1 day of �„ j u,,14 6- , 2022, by and between the CITY OF SUNNY ISLES BEACH, F orida, (hereinafter referred to as "City"), and POLICING WITH PASSION, LLC, a Florida limited liability company (hereinafter referred to as "Consultant"). RECITALS WHEREAS, the City and the Consultant have successfully concluded a prior contract for consulting services (Contract No. 2022-7797) in a timely and satisfactory manner; and WHEREAS, the City desires to continue working with the Consultant, so that the Consultant can guide the City's Police Department into the future, by providing ongoing consulting services ("Services"); and WHEREAS, Consultant has expressed the ability and desire to provide these Services, subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into an Agreement with the Consultant to provide Services at a flat lump sum rate of Six Thousand Dollars ($6,000) per month, for an initial term of one (1) year, for a total not to exceed Seventy -Two Thousand Dollars ($72,000.00), during which time the Consultant agrees to provide the City forty (40) hours of Services per month. NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Consultant shall provide the Services as more particularly described below: A. The Consultant shall be responsible for knowledge of the compliance with all relevant local, state, and federal laws and regulations, and shall be capable of conducting the tasks described in the scope of work indicated herein. B. The Consultant shall be "on call" as needed for professional services to the Office of the City Manager, the Human Resources Department and the Police Department. C. Provide guidance, information, and subject matter expertise from a Public Safety perspective to ensure the City's Public Safety operational capabilities are being provided in a professional and exceptional manner. D. Guide the City and the Police Department with assistance in hiring and promoting personnel within the Police Department. 2022-7797 — Policing with Passion, LLC 88 E. Continue to monitor the progress of the Police Department's initial application for Accreditation with the Florida CFA. F. Coordinate with the Center of Public Safety as the City continues to explore the feasibility of building a new Police Station. G. Services will be performed by the Consultant in person and remotely including video/internet conferences as circumstances may dictate. H. Geographic Analysis of Service Needs with the support of the City's GIS Analyst. I. Consultant will provide, at minimum, monthly reports/findings/recommendations/benchmarks to be submitted to the Police Chief and the City Manager. The Consultant agrees to provide the above referenced Services no less than forty (40) hours per month. 3. TERM. The term of this Agreement shall commence on July 1, 2022, and shall continue through June 30, 2023, unless terminated earlier pursuant to Paragraph 7 of this Agreement. The City shall have the sole option to renew the agreement for an additional two (2) year term. 4. COMPENSATION. As the entire compensation under this Agreement and during the term of this Agreement, in whatever capacity rendered, the City shall pay Consultant in an amount not to exceed Seventy -Two Thousand Dollars ($72,000.00). Payment to Consultant for all charges and tasks under this Agreement shall be in accordance with this Agreement which fee shall be disbursed under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract. The compensation provided for herein is inclusive of all of the Consultant's expenses including contract administration, deliverables, travel, and associated actions necessary for the Consultant to provide the Services. B. Payment Schedule. The total amount to be paid under this Agreement for the Services shall be a lump sum flat fee of Six Thousand Dollars ($6,000.00) per month. Invoices received from the Consultant pursuant to this Agreement will be reviewed by the initiating City Department, and should include a detailed summary of work performed, identifying the date of the Services and hours worked. If Services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 2 2022-7797 — Policing with Passion, LLC 89 D. Final Invoice. In order for both parties herein to close their books and records, the Consultant will clearly state "final invoice" on the Consultant's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Consultant. Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. INDEPENDENT CONSULTANT RELATIONSHIP. The Consultant is an independent Consultant and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Consultant other than those obligations which have been or shall have been undertaken by the City. Consultant shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Consultant pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. 7. TERMINATION. A. If, through any cause within reasonable control, the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10) days to cure such default. If Consultant fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the effective date of termination. 3 2022-7797 — Policing with Passion, LLC 90 (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Consultant and the City may reasonably withhold payment to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of Paragraph 7A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 8. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non -prevailing party or, if neither party prevails on the whole, each parry shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 9. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant from violating such provisions. 10. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either parry to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or 11 2022-7797 — Policing with Passion, LLC 91 registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Stan Morris With a copy to: City Manager Edward A. Dion City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: 305 792-1702 If to the Policing with Passion CONSULTANT: Paul O'Connell Managing Director 2880 NE 14 Street Pompano Beach, FL 33062 11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. 12. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 13. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 14. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference 2022-7797 — Policing with Passion, LLC 92 herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. The Consultant guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 15. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and ordinances of any' federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 16. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to Attachment "A" and `B" attached herein and incorporated herein by reference. 17. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Consultants must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Consultants must submit the certification that is attached to this agreement as Attachment "A". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. 18. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. R 2022-7797 — Policing with Passion, LLC 93 In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractor. It is the responsibility of Consultant to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify. og v/employers/enrolling-in-e-verify) and follow the instructions. The Consultant must retain the 1-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment `B". 19. BACKGROUND CHECK. Prior to performing work in the City pursuant to this Agreement, the Consultant, and managers, employees, independent contractors, and any subcontractors of Consultant (collectively "Personnel") that will perform work under this Agreement shall be required to undergo a criminal background check consisting of a Florida Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this requirement will not be permitted to perform work under this Agreement. Prior to the commencement of work under this Agreement, the City will request a list of names for those individuals who will be performing services under this Agreement, and request proof of the cleared criminal background check. In order to be deemed valid, the criminal background check results must have been issued within the twelve (12) months immediately preceding the event. The Consultant shall be solely responsible for the cost of the criminal background check described herein. Failure of Consultant to comply with the provisions of Section 20 herein, shall be cause for termination of the Agreement. 20. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. 7 2022-7797 — Policing with Passion, LLC 94 WITNESS: Signature 1 Print Name .A i B APPROVED AS TO FORINT AND LE)A,71CIEENCY By: _ ��L 9",.,� `E&ward A. Dion, City Attorney 2022-7797 — Policing with Passion, LLC POLICING WITH PASSION, LLC BY: Paul O'Connell, Managing Director CITY OF SUNNY ISLES BEACH BY: Clerk Dana Robin Goldman, Mayor 8 CONTRACTOR ANTI -BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 287.135] "9W/ An behalf of 711 Print Name Company Name 11c: certifies that /C.. does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title Date Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/emalovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. . 'C. ,7 i,.a3:.If r`/L5e rL11.ti / /r Company Name j� r Offeror -Signature /�J G Print Name Federal Employer Identification Number (FEIN) Date Title' Sworn to and subscribed before me on this this 4 ✓ day of " L&O, � 2022, By 104U,1 0,Coil i 'ti l tle is personally known to me ❑ Has produced identification (type of identification produced: Signature of Notary Publi ;��e�,c STEPHANIE J. FROHMAN 2a�►? Commimlon#GG974273 * # �lF Expires May 11, 2024 �Ftoo- SondedThmSudgaINoarySWIM Print or Stamp of Notary Public 51 o b4 Expiration Date �* >t FLU0. c,rx OF s v + �xyP City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Stan Morris, City Manager DATE: June 16, 2022 RE: Approval of an Agreement with Policing with Passion, LLC for Consultin€ Services RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City and the consultant -Policing with Passion, LLC- successfully completed a previous contract foi consulting services under contract No. 2022-7797 and are now seeking approval to enter into a one- year agreement for ongoing consulting services for an amount not to exceed $72,000.00. Policing with Passion, LLC will work with the Police Chief to consult the police department on future restructuring requirements and will track the department's accreditation with the Commission for Florida Law Enforcement Accreditation, as well as any other department needs. The consultant will also provide the Police Chief and City Manager with monthly reports, findings, recommendations, and benchmarks. FUNDING SOURCE: Funds have been appropriated in account no. 001-3-5210-431000-00000. ATTACHMENTS: Resolution Agreement Item Number: 10.0 85