HomeMy WebLinkAboutReso 2026-4011RESOLUTION NO. 2026 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH
POLICING WITH PASSION, LLC, TO PROVIDE LAW ENFORCEMENT CONSULTING
SERVICES, IN AN AMOUNT NOT TO EXCEED FORTY-EIGHT THOUSAND DOLLARS
AND NO CENTS ($48,000.00), 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, on March 12, 2024, the City of Sunny Isles Beach (the "City") entered into an
Agreement with Policing with Passion, LLC ("Contractor") to provide law enforcement
consulting services, including oversight of the City's Red -Light Camera Program ("Services");
and
WHEREAS, on February 28, 2025, via Resolution No. 2025-3794, the City Commission
approved a First Amendment to the Agreement with the Contractor exercising its renewal
option for a period of one (1) year, in an amount not to exceed $48,000.00; and
WHEREAS, Contractor continues to have the necessary experience to provide the
desired Services, and meets the qualifications for a Traffic Infraction Enforcement Officer
pursuant to Section 316.640(1)(1)(b), Florida Statutes; and
WHEREAS, the City being satisfied with the Services provided by the Contractor wishes
to exercise its renewal option for a period of one (1) year; and
WHEREAS, the City Commission now wishes to approve a Second Amendment to the
Agreement with the Contractor to provide the Services for an additional one (1) year period, in
an amount not to exceed Forty -Eight Thousand Dollars and No Cents ($48,000.00), bringing the
total contract amount not to exceed One Hundred Forty -Four Thousand Dollars and No Cents
($144,000.00), 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 Second Amendment. The City Commission hereby approves a
Second Amendment to the Agreement with the Contractor to provide the Services for an
additional one (1) year period, in an amount not to exceed Forty -Eight Thousand Dollars and No
Cents ($48,000.00), bringing the total contract amount not to exceed One Hundred Forty -Four
Thousand Dollars and No Cents ($144,000.00), attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
@BCL@70150F71 Page 1 of 2 204
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 161h d-ay of April, ?Mi,,6.
Maur
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
'3�" —.
Alain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney.
Moved • 'r_.l_ ISeconded • ./ it !1 �_ i�C ,
Vote: /
Mayor Svechin ✓ (Yes) (No)
Vice Mayor Viscarra ✓ (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Lama Yes) (No)
Commissioner Stuyvesant (Yes) (No)
@BCL@70150F71 Page 2 of 2 205
SV{dNY IS,F
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY
OF SUNNY ISLES BEACH AND PAUL O'CONNELL
d/h/A Pny xryNr WiTA P A vanni r .r r,
os y,y ANa
THIS SECOND AMENDMENT TO THE AGREEMENT between the CITY OF
SUNNY ISLES BEACH ("City") and PAUL O'CONNELL, d/b/a POLICING WITH
PASSION, LLC, a Florida limited liability company, se Federal Identification Number is 82-
3529569 ("Contractor"), executed this day of'W'�026, is made a part of the original
Agree ent between the City and Contractor, dated March 12, 2024 ("Agreement"), as amended
on Z(s, 2025, attached hereto collectively as Attachment "A." The City and Contractor hereby
agree as follows:
1. OPTION TO RENEW. Effective March 1, 2026, the City hereby elects to exercise its
option to renew the Agreement for one (1) year, as set forth in Section 3 of the original Agreement.
2. ADDITIONAL COMPENSATION. City and Contractor wish to amend Section 4 of the
Agreement, entitled "Compensation," to provide additional compensation in an amount not to
exceed Forty -Eight Thousand Dollars and No Cents ($48,000.00). The additional compensation.
provided herein will bring the total Agreement not -to -exceed amount to One Hundred Forty -Four
Thousand Dollars and No Cents ($144,000.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated March 12, 2024, as
amended, shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Second 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 Attachments "A."
5. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel. Contractors 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 company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is 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. Contractors must submit the certification that is attached to this agreement as
Attachment `B." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC — SECOND AMENDMENT Page 1 of 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
to respond in writing and demonstrate that the determination was in error. If the Contractor 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 287.135.
6. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled
"Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a
nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2),
Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as
Attachment "C," signed by an officer or an authorized representative of the Contractor, under
penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined
in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material
breach of contract.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as
of the date mentioned above.
POLI H PASSION, LLC
BY: � V
a_t.-A
Paul O'Connell
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowledged before me by means of X physical presence or ❑
online notarization, this 22.!`tday of'Mmeh, 2026, by Paul O'Connell, d/b/a Policing With Passion,
LLC. Arrif
(SEAL)
Personally Known Zor Produced Identification _
Type of Identification Produced:
Notary Public, Site of Florida
ua ff T
&Notary Public SonX
Debra Lynn To
My Commission
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC - SECOND AMENDMENT Page 2 of 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
011
z,
A E CITY OF ISLES BEACH
h;BY: BY:
A c o etanc Larisa Svechin, Mayor
CM City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
4 BY: A!e►
Alain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC — SECOND AMENDMENT Page 3 of 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment A
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC — SECOND AMENDMENT Page 4 of 6
x FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
SUNNY ISLES BEACH AND PAUL O'CONNELL, d/b/a
POLICING WITH PASSION, LLC
f SUN
THIS FIRST AMENDMENT TO THE AGREEMENT between the CITY OF SUNNY
ISLES BEACH ("City") and PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC,
a Florida limited liability company, whose Federal Identification Number is 82-3529569
("Contractor"), executed this O y of February, 2025, is made apart of the original Agreement
between the City and Contractor, dated March 12, 2024 ("Agreement"), attached hereto as
Attachment "A." The City and Contractor hereby agree as follows:
1. OPTION TO RENEW. Effective February 28, 2025, the City hereby elects to exercise
its option to renew the Agreement for one (1) year, as set forth in Section 3 of the original
Agreement.
2. ADDITIONAL COMPENSATION. City and Contractor wish to amend Section 4 of the
Agreement, entitled "Compensation," to provide additional compensation in an amount not to
exceed Forty -Eight Thousand Dollars and No Cents ($48,000.00). The additional compensation
provided herein will bring the total Agreement not -to -exceed amount to Ninety -Six Thousand
Dollars and No Cents ($96,000.00).
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the original Agreement between the parties, dated March 12, 2024,
shall remain in full force and effect.
4. 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 Attachments "A."
5. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
subject to Iimited exceptions contained therein, a company is ineligible to, and may not, bid on,
submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
for goods or services if at the time of bidding,, submitting a proposal for, or entering into or
renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
engaged in the boycott of Israel. Contractors 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 company submitted a false
certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
Section 215.473, or is 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. Contractors must submit the certification that is attached to this agreement as
Attachment "B." Submitting a false certification shall be deemed a material breach of contract.
The City shall provide notice, in writing, to the Contractor of the City's determination concerning
the false certification. The Contractor shall have ninety (90) days following receipt of the notice
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC —FIRST AMENDMENT Page 1 of 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
to respond in writing and demonstrate that the determination was in error. If the Contractor 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 287.135.
6. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled
"Human Trafficking," a governmental entity cannot execute, renew, or extend a contract with a
nongovernmental entity that uses coercion for labor or services, as defined in Section 786.06(2),
Florida Statutes. Contractor must submit the affidavit that is attached to this agreement as
Attachment "C," signed by an officer or an authorized representative of the Contractor, under
penalty of perjury, attesting that Contractor does not use coercion for labor or services as defined
in Section 786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material
breach of contract.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the date mentioned above.
POL rINGWIPASSI , LLC
BY:
Paul O'Connell
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowledged before me by means of physical presence or ❑
online notarization, this -2-0 day of February, 2025, by Paul O'Connell, d/b/a Policing With
Passion, LLC.
(SEAL)
�r
i DAVID BLANCO
•t...... MY COMMISSION # HH 189212
a A?' EXPIRES: October 29, 2025
''•';,orb �,"•' BondedThNNMstyPuhlicUndenvtilets
Personally Known /or Produced Identification _
Type of Identification Produced:
Notary Public, State of Florida
(Signature of Notary Public)
T6L V
, S 131
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC — FIRST AMENDMENT Page 2 of 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
AT'I
'4
CITY OF SUNNY ISLES BEACH
BY:
Larisa Svechin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
ain E. Boileau, for Nabors, Giblin
& Nickerson, P.A., City Attorney
6
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC — FIRST AMENDMENT Page 3 of 6
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax .
Attachment A
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC — FIRST AMENDMENT Page 4 of 6
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
-made in duplicate, this _ day of March, 2024, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and PAUL O'CONNELL, d/b/a
POLICING WITH PASSION, LLC, a Florida limited liability company (hereinafter referred to
as "Consultant"), whose Federal I.D. # is 82 3529569.
RECITALS
WHEREAS, the City is in need of Consultant to provide general professional law
enforcement consulting services, including but not limited to, oversight of the City's Red
Light Camera Program under the Mark Wandell Traffic Safety Program, Section 316.0083,
Florida Statutes, and to serve as an alternate Traffic Infraction Enforcement Officer, on an as -
needed basis ("Services'j; and
WHEREAS, Consultant has the necessary experience to provide the desired Services, and
meets the qualifications for a Traffic Infraction Enforcement Officer pursuant to Section
316.640(I)(b)(3), Florida Statutes; and
WHEREAS, pursuant to Section 62-13(B) the City's procurement code, contracts for
professional services are exempt from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Consultant to provide the desired
professional Services and shall pay Consultant at a rate of Four Thousand Dollars and No Cents
($4,000.00) per month, for a total not -to -exceed contract amount -of Forty -Bight Thousand Dollars
and No Cents (348,000.00);
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
TERMS
I. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Consultant sball provide general professional law enforcement
consulting services, including but not limited to, the oversight of the City's Red Light Camera
Program under the Mark Wandell Traffic Safety Program, Section 316.0083, Florida Statutes,
and to serve as an alternate Traffic Inftaction Enforcement Officer, on an as -needed basis. The
City shall provide the Consultant all necessary equipment (laptop, office supplies, etc.), onsite
internet access connections and access to the City's computer network system, state vehicle
registration system, Miami -Dade Court system, traffic infraction forms, Notice of Violation forms,
for purposes of Contractor complying with the requirements ofFlorida Statutes, inchtding Section
31660083, Florida Statutes. Consultant agrees to adhere to all policies, procedures, and/or user
and license agreements regarding use of, and access to, the foregoing City computer network as
well as any third -party databases and services. Contractor agrees that he shall maintain all
certifications and credentials required by Florida Statutes to perform the duties of a Traffic
Infraction Enforcement Officer
PAUL O'COMMI, dWa POLICING IVUH PASSION, LLC
8
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
The Services shall be performed by Consultant to the full satisfaction of the City. If 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.
3. TERM., Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the initial term of this Agreement shall commence on March 1, 2024, and shall
terminate on February 28, 2025. This Agreement may be renewed for one (1) year terms by mutual
agreement of the Parties.
The provisions of Sections 13 and 14 entitled "Indemnification and Waiver of Liability," and
"Compliance with Law," respectively, shall survive termination of this Agreement.
4. COMPENSATION. During the term of this Agreement, the City shall pay Consultant
compensation for the Services performed under this Agreement at a rate of Four Thousand Dollars
and No Cents ($4,000.00) per month, for a total not -to -exceed contract amount of Forty -Eight
Thousand Dollars and No Cents ($48,000.00), subject to the following conditions:
A. Disbursements. There are no reimbursable expenses associated with this
Agreement except for expenses approved by the City Manager.
B. Payment Schedule. Consultant shall submit invoices to the City on a monthly basis,
with a description of the specific Services performed. Invoices received from the
Consultant pursuant to this Agreement will be reviewed by the initiating City.
DcpattmenL If the Services have been rendered in conformity with the Agreement,
the invoice will be sent to the Finance Department for payment. Invoices will be
paid in accordance with the State of Florida Prompt Payment AcL The City will
pay properly submitted Consultant invoices within thirty (30) days of receipt, for
completed and accepted deliveries or specified services and/or goods, unless the
City notifies the Consultant in writing of the dispute, before payment is due.
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. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Consultant.
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
PAUL O`CONNCLL, &WaPOLICING WMI PASSION, LIZ 2
9
City of Sunnylslec Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
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 Manager. 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 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 his 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 and that such obligations shall be that of the Consultant, other than those set
forth in this Agreement. Consultant shall furnish his own transportation in carrying out his duties
under this Agreement.
6. TERIU ATION AND REMEDIES FOR BREACH.
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 his 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
PAUL O'CONNELL, Wa POLICING WTiH PASSION, LLC 3
10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
B. Termination for Convenience. The City and Consultant, respectively, at their sole
discretion may, terminate this Agreement at any time upon thirty (30) days advance
written notice to the other. In the event of such termination, the City shall be
obligated for costs incurred prior to the termination notice. The terms of Paragraph
6A(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.
7. C0NFiDENT14,L 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 this
Agreement is terminated 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.
8. W__WSDICTI0N. 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 EIeventh 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, CONSULTANTAND 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.
9. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either patty 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 electronic mail (E-Mail) with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
PAUL O'COWNELL, dWa POLIONG WTTH PAS8TON, LIZ 4
11
City ofSnnnyIdes Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949 3113 Fax
If to the City:
Stan Moms
With a copy to:
City Manager
City Attorney
City of Sunny Isles Beach
City of Sunny Isles Beach
18070 Collins Avenue
18070 Collins Avenue
Fourth Floor
Fourth Floor
Sunny Isles Beach, Florida 33160
Sunny Isles Beach, Florida 33I60
Tel: (305) 792-1776
Tel: (305) 792-1766
smorris0sibll.net
aboileauOo nentaw.com
If to the Paul O'Connell
Consultant: d/b/a Policin with Passion LLC
I0. PUBLIC RECORDS. The Consultant shall be rewired to comply with the following
requirements under Florida's Public Records Law:
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 ensurethat public records that are exempt orconfidential 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 ofthe 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@sibll.net.18070 Collins Avenue, 4"
Floor, Sunny Isles Beach, Florida 33160.
PAM O'COW. &T , &wa POLlciNG wrrH PAsstoN, LLC 5
12
City ofSunny 1.sles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
11. 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 V111 of the
Civil Rights Act of 1968 as amended, Title I 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, maritallfamilial status, or
status with regard to public assistance.
The Consultant will take affirmative action to ensure 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.
12. CONFLICT OF INTEREST. Consultant shall not be prohibited from representing or
providing the like services to other persons and entities besides City, so long as Consultant shall
avoid any representation or relation which would create a conflict of interest, as determined by the
City Attorney and City Manager. Further, Consultant shall not take on any client or matter that
would jeopardize Consultant's ability to devote time, resources, and effort necessary to fulfill to
the City hereunder.
13. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, 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 his 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
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.
PAUL OTOh KI., dtb/a POLICING wrm PASSION. LLC 6
13
City of Sanity Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Consultant under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Consultant for the indemnification set forth in this Agreement.
14. 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.
15. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document.
16. 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.
17. NUSCELLANEOUS.
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.
F. This Agreement shall not be subject to assignment by either party hereto.
PAUL O'CO%MLL, dWa POLICING WMI PASSION, LLC
14
City of Sunirt' Isles Beach 18070 Collins Avenue. Sunni Isles Beach. Florida 33160
(305) 947-0606 phone (305) 949-31 13 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
CONSULTANT
__ _ 4 u G
- __� d
Paul O'Connell. d/b/a Policing with
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
The foregoing instrument was acknowledged before me by means of Ikphysical presence or ❑
online notarization, this I_ day of March_ 2024. by Paul O'Connell.
(SEAL) N _
(Signature of Notary Public)
MAYRA AI.EMAN
Notary PubliO-State of Florida
QVIP`
Commission N HH 4695o5
My Commission Expites
Degembei 19. 2027
Personally Kno%vn.�cor.Produced Identification_
Type of Identification Produced:
9W kayw
( Print Yfype, or Stamp
Commissioned Name of Notary
Public) r
[ADDITIONAL SIGNATURE PAGE -1.0 FOLLOW]
PAUL WCONNEIL. d/b/a POLICING WITH PASSION. I 1 l R
15
Chy of Sunny- Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ATTEST:
BY:
BY:
Department Head
CITY OF SUNNY ISLES BEACH
BY: G" A�2
Stan Moms, City Manager
APPROVED AS TO FORIM
AND LEGAL SUFFICIENCY
BY:
for Nabors, Giblin &
Nickerson, P.A., City Attorney
PAUL O'CONNELL, dba POLICING WMf PASSION, LLC 9
16
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment B
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC — SECOND AMENDMENT Page 5 of 6
of SUNNY rr`FaR
a - m
V w 2
CONTRACTOR ANTI -BOYCOTT CERTIFICATION
yyR "= Op e
f'C *y.'f tOP'YO as
Y `°N [PURSUANT TO FLORIDA STATUTE § 287.1351
(�PJP44(,on behalf of
Print Name Compdny Name
certifies that a. z �, : ,a does not:
Company Name
1. Participate in a boycott of Israel; and
Z. 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 Terrorism
Sectors List; and
5. Has not engaged in business operations in Cuba or Syria.
ignature
Title /"P
Date ' j
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment C
PAUL O'CONNELL, d/b/a POLICING WITH PASSION, LLC — SECOND AMENDMENT Page 6 of 6
CF �J�NY'SLE�@
U T
fyP y9?.F6QRA Sot
Affidavit of Compliance with Anti -Human Traffickina Laws
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of
perjury, as follows:
1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking).
2. The undersigned is authorized to execute this affidavit on behalf of Entity.
X (� W
,,/� I
Date: 4 e , 20" Signed: _ /{,ram �"
Entity: �4�- c„r '�'� Name: �i u/ 6- 6vn1,Jq-- /
Title:
STATE OF r" lorjC Cd�
COUNTY OF S ro yyarl
The foregoing instrument was acknowledged before me, by means of X physical presence or ❑
onl' a notarization, this tom' � day of —A pri i 20 2(P, by
i t , n ►1e 11 as Pr e�; A ent for
1'01 i <<rLa W,.+Il Pas i o ri , who i personally known to
or who h4s produced as identification.
Notary Public Signature:State of Florida at Large (Seal)
Print Name: My commission expires: 2-� , 2��
Notary Public State of Florida
Debra Lon ?ocer hlck
My Comml4eton NN Q477Sf
Expires 4l1712029
cFTx QF suH r'�a
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
Honorable Mayor and City Commissioners
Stan Morris, City Manager
Edward Santiago, Chief of Police
April 16, 2026
Approval of a Second Amendment to the Agreement with Policing with
Passion
RECOMMENDATION:
Staff presents this item for Commission approval.
REASONS:
The Police Department is seeking approval of the Second Amendment to continue the services of
Policing with Passion to provide general professional law enforcement consulting services, including but
not limited to the oversight of the City's Red -Light Camera Program under the Mark Wandell Traffic
Safety Program and to serve as an alternate Traffic Enforcement Officer on an as needed basis. The
Second Amendment exercises the City's portion to renew the agreement for an additional one-year
term and provides compensation in a not -to -exceed amount of $48,000.00.
The additional compensation provided herein will bring the total Agreement not -to -exceed amount to
One Hundred Forty -Four Thousand Dollars and No Cents ($144,000.00).
ADDITIONAL INFORMATION:
Why Action is Necessary:
Pursuant to Chapter 62, Section 62-13 Exception to Bid Requirements, (C) Bids and Contracts from
Other entities, and Section 62-7, the City Manager is authorized to procure all supplies, materials,
Item Number: 9.0
202
equipment, and services from other governmental units, when the best interests of the City would be
served subject to the requirement that any purchase in excess of $50,000 requires City Commission
approval.
FUNDING SOURCE:
Funds have been appropriated in Account No. 001-3-5210-431000-00000.
ATTACHMENTS:
Resolution
Item Number: 9.0
203