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
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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
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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.
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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.
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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
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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.
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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
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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
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STEPHANIE J. FROHMAN
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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