HomeMy WebLinkAboutReso 2023-3588RESOLUTION NO. 2023 - T�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN AGREEMENT WITH DOUGLAS W. ROBERTSON TO
PROVIDE LAW ENFORCEMENT ACCREDITATION CONSULTING SERVICES, IN AN
AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS AND NO CENTS
($65,000.00), 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 accreditation services, pursuant to the Florida Commission for Law
Enforcement Accreditation ("Services"); and
WHEREAS, Douglas W. Robertson, a former Police Chief, has an extensive background
related to accreditation services, and is willing and qualified to provide the City with the desired
Services; and
WHEREAS, the City Commission now wishes to approve an Agreement with Douglas W.
Robertson to provide law enforcement accreditation services, in an amount not to exceed Sixty -
Five Thousand Dollars and No Cents ($65,000.00), 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 Douglas W. Robertson to provide law enforcement accreditation services, in an amount
not to exceed Sixty -Five Thousand Dollars and No Cents ($65,000.00), 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 NOember 2023.
Larisa Svechin, Mayor
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1
i
ATTEST:
Mauricio Betadcur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
/-K, � "I x w
AI in E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by 4 Seconded b w ^�
v:
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@C409975D.doc Page 2 of 2
This AGREEMENT is entered into theo(/ / day of November, 2023, by and between
DOUGLAS W. ROBERTSON, an individual, with an office at Fort
Lauderdale, FL 33308 (hereinafter "Consultant") and the CITY OF SUNNY ISLE BEACH, FLORIDA, a
Florida municipal corporation, located at 18070 Collins Avenue, Sunny Isles Beach, FL 33160
(hereinafter "City"):
WHEREAS, the City requires consulting services in the subject of law enforcement
accreditation and desires to engage the services of Consultant for a period of twelve (12) months,
beginning upon execution of this Agreement, for the purposes of maintaining distinction as an
Accredited Law Enforcement agency under the provisions of the Florida Commission for Law
Enforcement Accreditation ("Services"); and
WHEREAS, the Consultant has an extensive background in law enforcement accreditation
and is willing to provide Services to the City based on this background; and
WHEREAS, the Parties acknowledge and agree that the purpose of the Services provided
by Consultant hereunder are to improve the overall administrative and operational functions of the
City's police department and to maintain the agency's distinction as an Accredited Law
Enforcement agency under the provisions of the Florida Commission for Law Enforcement
Accreditation;
NOW, THEREFORE in consideration of the Agreement hereinafter set forth, the Parties do
hereby agree to the terms and conditions as follows:
I. SCOPE OF SERVICES: Consultant is hereby engaged to perform the Services for the City in
respect to the continued evaluation of the City's police department's current policies, procedures,
and all other forms of written directives to ensure they meet or exceed the minimum standards set
forth by the Commission for Florida Law Enforcement Accreditation Program.
A. The Consultant hereby agrees that he shall:
1. Develop and publish any revisions to any and all existing policies as approved by the City
necessary to meet the standards of the Florida law enforcement accreditation program;
2. Develop and publish any and all additional policies as approved by the City, which do
not currently exist which would be required to meet the standards of the Florida law
enforcement accreditation program;
3. Administer and maintain the Power DMS° web portal, specific to the City's police
department, to manage, disseminate and maintain all of the police department's
written directives, build, populate, and manage an assessment system in accordance
with the provisions of the Florida Law Enforcement Accreditation Standard Compliance
files on to include maintenance of the required Two Hundred and Thirty Five (235)
Douglas W. Robertson — Agreement Page 1 of 9
standard compliance files or the total number required to meet the requirements of the
Florida Law Enforcement Accreditation Program in affect at the time of any such
assessment by the Commission for Law Enforcement Accreditation. The Consultant shall
be responsible to maintain and populate each standard compliance file with a copy or
copies of all applicable agency directives, copy or copies of any and all supporting
documentation, agency records, photographs, etc., necessary to demonstrate
compliance with each program standard. Each directive and all supporting
documentation shall be highlighted to illustrate how each directive/documentation is
applicable and demonstrates compliance to the individual standard.
4. Perform on-site collection, as necessary of all required or recommended departmental
documentation relevant to demonstrating compliance with program standards;
5. At a minimum, attend in-person quarterly meetings with the City and its representatives
to discuss project status, non-compliance issues, and departmental issues affecting the
project, and/or written directive development purpose and status; and
6. Be present and oversee for any and all assessments, either mock assessment as
arranged for by Consultant, or any on-site assessment scheduled by the Florida
Accreditation Office.
B. The Parties agree that the Consultant shall represent the City and its police department as the
accreditation manager and the Consultant agrees to attend any and all meetings and/or training
conferences of the Commission for Florida Law Enforcement Accreditation as necessary to fulfill
the provisions of this Agreement. The cost of the Consultant's attendance, including travel,
lodging and per -diem shall be the sole responsibility of the City.
C. The City agrees to provide the Consultant, at no -charge, an official Sunny Isle Beach email
account for the purpose of communicating with City employees and officials as well as area law
enforcement representatives, and remote access to the police department's network in
accordance with the City's Criminal Justice Information Systems policy for the purpose of
obtaining any documents, photos, statistical reports, certifications, training records, etc.,
necessary to obtain documentation required to demonstrate compliance with any applicable
accreditation standards, as well as access credentials to the City's police headquarters facilities.
The Consultant possesses and maintains a current Level 2 Criminal Justice Information Systems
(CJIS) Security Awareness certification which expires November 5, 2024, a copy of which is
appended hereto as Exhibit "A." In addition, the City agrees to maintain the Power DMS web
portal dedicated to and administered by the police department and maintain a sufficient
number of user licenses so that every member of the police department has access rights to a
level appropriate for their position. The Consultant and the Administrative Services
Commander shall be the sole administrators for the portal.
D. The Services shall be performed by Consultant to the full satisfaction of the City. Consultant
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform Services. Consultant agrees to have a qualified representative to audit and inspect the
Douglas W. Robertson —Agreement Page 2 of 9
Services provided on a regular basis to ensure all Services are being performed in accordance
with the City's needs and pursuant to the terms of this Agreement and shall report to the City
accordingly. Consultant shall perform their work in a manner befitting the type and scope of
work to be performed. In the event that the Consultant fails to complete the Services pursuant
to the terms of this Agreement and City must undertake the completion of performance of
Services, Consultant agrees to indemnify the City for all costs incurred with respect to the
completion of those Services and any damages the City may suffer as a result of the
Consultant's failure to perform the Services.
II. CONSULTING FEE: The City agrees to pay Consultant at a rate of Fifty Dollars ($50.00) per
hour for all services performed under the terms hereof, in an amount not to exceed Sixty -Five
Thousand Dollars and No Cents ($65,000.00). Consultant shall submit invoices for all payments on
and no later than ten (10) days after the end of each month. The Consultant shall also submit
monthly progress reports outlining the progress made during the previous thirty (30) day period
towards project completion. The above -referenced not to exceed amount of Sixty -Five Thousand
Dollars and No Cents ($65,000.00) includes all reasonable expenses incurred by the Consultant,
which shall be reimbursed if authorized by the City in writing prior to being incurred and are
supported by appropriate receipts.
III. LIMITED SERVICES INDEMNIFICATION AND WAIVER OF LIABILITY: Consultant has
represented to the City that he is able to assist the City and its police department in improving the
operational and administrative effectiveness of the City's Police Department and maintain the
accredited agency status under the provisions of the Commission for Florida Law Enforcement
Program. The Consultant assumes no liability for any action(s) by the City, its officers, or employees
in violation of the laws of the State of Florida and/or the policies and procedures of the City's police
department approved by the City.
Except as limited above, the Consultant agrees to indemnify and hold -harmless the City, its agents,
representatives, officers, directors, officials, and employees from any claims, liabilities, damages,
losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in
whole or in part, by the professional negligence, error or omission of the Consultant or persons
employed or utilized by the Consultant in performance of Services under this Agreement.
Consultant shall at all times hereafter indemnify, hold harmless, and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Consultant,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
Douglas W. Robertson —Agreement Page 3 of 9
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand,
Consultant shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City. The Parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Consultant for the indemnification set forth in this Agreement.
The Consultant expressly agrees not to divulge, publish, or communicate any information
regarding the City and or its police department to any persons or entities without the express
written consent of the City. All information obtained by the Consultant during this Agreement and
all suggestions and recommendations made by the Consultant to the City shall remain the
proprietary information of the City, and the Consultant shall keep all such information confidential.
IV. TERM: The Term of this Agreement shall commence upon execution of this Agreement by
both Parties and continue for a period of twelve (12) months thereafter. This Agreement may be
extended upon mutual written agreement of the Parties for an additional two (2) twelve (12) month
renewal terms.
V. 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 the default
remains uncured after ten (10) days the City may terminate this Agreement, and the
City shall receive a refund from the Consultant in an amount equal to the actual cost
of a third party to cure such failure. If Consultant fails, refuses or is unable to perform
any term of this Agreement, City shall pay for services rendered as of the date of
termination.
1. 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.
2. 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.
Douglas W. Robertson — Agreement Page 4 of 9
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 V.A(1) and A(2)
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.
VI. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted
and construed in accordance with and governed by the laws of the State of Florida. All parties
agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and
any action involving the enforcement or interpretation of any rights hereunder shall be brought
exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for
litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In
the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under
this Agreement and the City is the prevailing party then the City shall be entitled to its costs and
attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT,
CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement
is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or
privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes.
VII. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent Contractor
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 Contractor 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.
VIII. PUBLIC RECORDS. The Consultant shall be required to comply with the following
requirements under Florida's Public Records Law:
Douglas W. Robertson —Agreement Page 5 of 9
A. Consultant shall keep and maintain public records required by the City to perform the
service.
B. Upon request from the City, Consultant shall provide the City with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law.
C. Consultant shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Consultant does not transfer the records to the City.
D. Consultant shall, upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the Consultant or keep and maintain public records required by the
City to perform the service. If the Consultant transfers all public records to the City upon
completion of the contract, the Consultant shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
Consultant keeps and maintains public records upon completion of the contract, the
Consultant shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided by Consultant to the City, upon request from the
City, in a format that is compatible with the information technology systems of the City.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703,
CityClerk@sibfl.net,18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160.
IX. 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.
X. 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.
Douglas W. Robertson — Agreement Page 6 of 9
D. Any modification of this Agreement shall be effective only if in writing and signed by
the parties to this Agreement.
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 as of the date
mentioned above.
WITNESS:
Signature
orr-C e /A �2c D E� ((
15'rint Name T
STATE OF FLOIDA:
COUNTY OF1c)(bW0-rd—
CONSU A
Douglas W. Robertson
The foregoing instrument was acknowledged before me by means of Vphysical presence or ❑
online notarization, thiso044 ay of November, 2023, by Douglas W. Robertson.
(SEAL)
Notary Public State of Florida
Laurel L.
My Commission
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Exp. 312212026
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Notary Public, State of Florida 40
(Signature of Notary Public)
L"Je,l L.. S,1�,y
(Print, Type, or Stamp Commissioned Name of
Notary Public)
Personally Known = Zor Produced Identification _
Type of Identification Produced:
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
Douglas W. Robertson — Agreement Page 7 of 9
CITY OF SU Y IS ES BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:o ,
AI �nE. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
Douglas W. Robertson — Agreement - Page 8 of 9
EXHIBIT A
Certificate ofAchievement
Awarded to
DOUGLAS ROBERTSON
For Successful Completion of
FCIC/NCIC Limited Access Certification
2 Training Hours
Presented by the
Florida Department of Law Enforcement
on
November 15, 2022
This certification expires two years, from the date of issuance.
a.
Robin Sparkman, Director
Criminal Justice Information Services
Douglas W. Robertson —Agreement Page 9 of 9
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C,T� 4F 5UN A�yV
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
VIA: Stan Morris, City Manager
FROM: Edward Santiago, Chief of Police
DATE: November 16, 2023
RE: Approval of an Agreement with Douglas Robertson for Accreditation
Consulting
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach entered into an agreement with Douglas Robertson for accreditatior
consulting services in May 2022. The goal of the original agreement was to achieve accredited status
by the Commission for Florida Law Enforcement Accreditation which was done on October 5, 2023
We are seeking to enter into a new agreement with Douglas Robertson with the objective of
maintaining accredited status for the next evaluation cycle. In order to ensure compliance with the
mandatory requirements for accreditation there are numerous proofs of compliance and milestones
that must be met annually. Mr. Robertson knows our operations and has worked closely with all
members of the Police Department for the last 18 months. He is a subject matter expert on
accreditation and is well versed on what the expectations are to maintain the coveted status. This will
continue to be funded by the Department of Justice forfeiture funds, which the previous approved
allocation has available funds. That too was approved in May 2022. The attached contract has a not to
exceed amount of $65,000.00 for the 12 month term.
FUNDING SOURCE:
600-3-5210-XXXXXX-XXXXX.
ATTACHMENTS:
Resolution
Agreement
Item Number: 10.K
212