Loading...
2000-058 RESOLUTION NO. 2000-58 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVEI~ TURA, FLORIDA AWARDING CONTRACT FOR RFP NO. 00-06- 19-3, THE ADMINISTRATION OF OFF-DUTY POLICE FUNCTIONS, TO (:OMMAND SECURITY CORPORATION; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTI' ORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESQLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR~N EFFECTIVE DATE. WHERE ~,S, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicted and accordingly accepted bids for RFP NO. 00-06-19-3, the administratior of off-duty police functions; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to th .= City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirem6 nts for the project/work as cited above; and WHERE'.S, staff has determined that Command Security Corporation has submitted the owest responsible and responsive bid for said project/work; and WHERE'.S, the City Commission, upon the recommendation of the City Manger, is th .=refore desirous of awarding said contract to Command Security Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF / THE CITY OF IAVENTURA, FLORIDA, THAT: Sectior 1: The bid/contract for RFP NO. 00-06-19-3, the administration of off-duty police functions, is hereby awarded to Command Security Corporation. Sectior 2: The City Manager is hereby authorized to execute, on behalf of Resolution NoL 2000- 5._8 Page 2 the City, the a~tached contract by and between the parties. Sectior~ 3: The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding th~s b~d/contract. Sectior 4: This Resolution shall be effective immediately upon its adoption. The for.~going resolution was offered by Commissioner Berber , who moved lits adoption. The motion was seconded by Commissioner Holzberg , , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes_ Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder PASSED AND ADOPTED THIS 5th day of ~ptejnbel;, 2000 ('./A'-R1-~tUR ~ SN!DER, MAYOR TE~RF__/SA M.(SOROIk~, Cl CITY' CLER~K~._~,./ APPROVED AS TO LEGAL SUFFICIENCY: CITY A~TORN EY AGREEMENT This Agree~aent dated this day of 2000, by and between the City of AVENTUR~ a municipal corporation in the State of Florida hereinafter referred to as the "City", actin herein by ., its hereunto duly authorized, and Command ~ curity Corporation, a corporation with an office at RT 55, Lexington Park, Lagrangevill :, New York 12540, hereinafter referred to as the "Contractor", acting herein by its , hereunto duly authorized. WITNESSETH: WHEREAS the Contractor has proposed to the City that Contractor manage the administratio a of Off-Duty Police Work, hereinafter referred to as "the Program", for the City's Police Depar ment; and WHEREAS the City has need for these services. NOW, ['HEREFORE, THE PARTIES AGREE AS FOLLOWS: SCOPE The scc De of work to be performed by the Contractor will be as follows: l. C~ ,ntractor will provide comprehensive administration of the Program function, in :luding requests for service, scheduling wo:'x and confirming completion. 2. C{,ntractor will invoice clients, collect and process receivables, prepare payroll in brmation and forward to City. 3. Cz ~ntractor will provide management reports specifying hours worked by location, cli ent and officer. 4. Cz ,ntractor will manage the notification and collection of accounts receivable. The Ci:y will be informed of all accounts in arrears with a record of Contractor's co [lection efforts. 5. Re ceivables are owned by the City, and payment checks will be forwarded to the City af~ er processing. Contractor will notify the City of any accounts that are unpaid after re~ ~sonable collection efforts. The City will notify Contractor of any payments re, :eived directly by the City, the City will forward a copy of the payment to the Ct ntractor. The Contractor will cooperate in the City's efforts to collect delinquent ac :ounts, but any legal costs incurred by City for collection will be the responsibility of the City. A. 13 VERVIEW The Cz ,ntractor will handle all employment service requests, scheduling of officers and other admini: trative aspects of the Program of tile City. Contractor will prepare, for submission to the City o~ its designee, payroll information for officers engaging in the Program, invoices to service users and provide regular reports to be used by the City fi)r the analysis of the off-duty work provi& d by Police officers. The City will provide Contractor with a list of approved officers for ti ~e Program, a list of approved users and guidelines for this work. Payment checks received by ~ontractor will be forwarded to the City after recording of the payment for the Accounts Re. :eivable Aging Report. This paragraph is an overview of the Program and the specific terms, of the Agreement are as provided in the entire Agreement. B. S( ~HEDULING The Cil will provide lists of approved officers and approved sites along with the duty schedule of tt officers no later than one week prior to proposed work. Contractor will prepare schedule thro ;h computerized system and provide schedule to officers as soon as possible and to the Police i )epartment no later than 24 hours before the work is commenced. Contractor will provide a con act person for officers and clients to process requests and to modify schedules. C. P/~YROLL Each w{ ek, information will be entered into the computer including all of the hours worked by the officers and every Sunday ~: icinigi~[ thc information will be "closed-off" for the pri,~r week's work. The Contractor will prepare reports from the computer-transferred information. At the City's option, the Contractor wilt produce payroll information in a format acceptable to the City for tlr e officers in form required by the City for an additional fee as stated in section F of this Agreei~ tent. D. BI LLING Based n information entered into the computer and/or f~xed to the Contractor, the Contractor w 1 prepare in its standard format, all weekly invoices and mail them directly to the clients. Clien s will be instructed to make all checks payable to the City of Aventura. Contractor will provide collection of accounts receivable; Contractor will send 30, 60, 90 day late notices and include ar y late payment penalties. E. REPORTS The Cz ~ntractor will provide the following reports to the City each week for the previous week: 1. V~ eekly Cash Statement 2. In voice Register 3. Pi yroll Register 4. A. :counts Receivable Aging Report 5. C~ [sh Application Report 6. C, ~pies of invoices sent to clients 7. A record of all work performed in the prior week by officer, location and client. F. C] tARGES AND PAYMENTS As full compensation for all services hereunder, the City will pay the Contractor a fee of five and one-I talfpercent (5.5%) of the revenue for police officer services each week. If the City requires the ~ eneration of payroll information in City determined format, the City will give the Contractor si> ty (60) days' notice of this change and the fee will be: changed to six percent (6%). G. C~tSH STATEMENT Every M, ~nday, on a weekly basis, Contractor will submit to the City all cash and checks received from the prior week. The Contractor will send the City a weekly statement of the status of billing, pa,. ~ment checks received and accompanying service charges. The City will inform Contractor of ~ny payments received directly. H. TEl ~I Unless ooner terminated, this Agreement shall be for a one (1) year term commencing on September ,2000, and shall be subject to renewal or extension by mutual written agreement. I. IlX SURANCE Contractor shall indemnify, defend and save harmtess City from any claim, demand or damage arising out of Contractor's negligent performance or out of Contractor's negligent activities under this Agreement. Contractor shall at all times carry professional liability insurance, comprehensive general liability insurance, and automotive liability insurance with minimum policy limits for each coverage in the amount of Five Hundred Thousand Dollars ($500,000.00), per occurrence, single limit, for property damage and bodily injury, including death. The City shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the City thirty (30) days prior to the effective date of cancellation or reduction of coverage. Nothing in this Agreement shall give rise to any rights for any third party. J. AS GNMENT This Agr :ement shall not be assignable by either party. K. PRt }HIBITION AGAINST CONTINGENT FEES Contract( r warrants that it has not employed or retained any company or person, other than a bona fide en ployee working solely for Contractor, to solicit or secure this Agreement, and that it has not pai( or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fi, ie employee working solely for Contractor, and Derails Obert, who may work for other entities n addition to Command, and the Florida Police Chiefs Educational Foundation, any fee, comn fission, percentage, gift, or any other consideration, contingent upon or resulting C'om the awar, l or making of this Agreement L. W/ IRANTIES OF CONTRACTOR Contract( hereby warrants and represents that at all times during the term of this Agreement it nail maintain in good standing all required licenses, certifications and permits required unde~ federal, state and local laws necessary to perform the services. M. CO qFIDENTIALITY State lay' prohibits the dissemination of addresses and phone numbers of police officers. Contractor sh; .11 keep this information and all other information provided by the City strictly confidential. , ~.11 requests for public records will be forwarded to the City without delay. Contractor will not respond to any public records request without first notifying the City. N. G~)VERNING LAW This Al:reement shall be construed in accordance with the laws of the State of Florida. Venue for an V litigation hereunder shall be in Miami-Dade County., Florida. O. Gl ;NERAL (a. Neither the City nor the Contractor will be responsible for acts of God (hu Ticanes, floods, etc.) nor items beyond their control (power failures, etc ); however, bot the City and the Contractor will make every effort in an urgent manner to correct the ~roblems and difficulties caused by such acts. (b Either of the parties, at its sole discretion, may terminate this Agreement upon ten 10) days' written notice to the other at any time. (c~ During the term of this Agreement, the City will not use any other entity to peri arm the Program scheduling, payroll or billing services outside this Agreement, pro' 'ided the Contractor is not in default of this Agreement. (dl It is understood that Contractor is not City's employee nor the employer for any puq,ose or in any sense of any of City's personnel covered under this Agreement. Cor tractor is an independent contractor. (e) If any part of this Agreement proves to be invalid, all the rest of the Agreement shal remain in effect. This is the entire Agreement between the parties, and there are no representations nor promises that are not included herein. (f) City will provide Contractor with office space at a police facility for the Contractor's employee and records. P. RE% IEW AND RECORDS The Co ~tractor will permit the City to review, at any time, all work performed under the terms of this \greement at any stage of the work. The Contractor will maintain or cause to be maintained al records, books, or other documents for a period of not less than three (3) years from the date >fthe final payment for work performed under this Agreement. IN WIT qESS WHEREOF, the parties have hereunto set their hands and seals the day and year first abo~ e written. Witnessed By Authorized By: / ~ /) CITY O~ ~r~ / / City(Cle~ I t'-- &ty Ml~ager /-- Approvedi /ff'x City Attorney AVENTURA POLICE DEPT. __ By: ~& ~x.~J2---- ___ C~ief of Police ~ ' ~ ~ [? COMMAND SECURITY CORP.