R05-163
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3 I RESOLUTION NO. R05- lb3
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5 A RESOLUTION OF THE CITY OF BOYNTON
61 BEACH, FLORIDA, APPROVING THE AWARD OF
7 RFP #027-2110-05/CJD TO POLICE EXECUTIVE
8 RESEARCH FORUM FOR A POLICE
9 DEPARTMENT MANAGEMENT STUDY;
10 AUTHORIZING THE CITY MANAGER TO
11 EXECUTE AN AGREEMENT BETWEEN THE
12 PARTIES; AND PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, Seven organizations submitted proposals to conduct the Police
16 Department Management Study; and
17 WHEREAS, after preliminary screening and review by the Project Manager, four
18 proposals were deemed qualified based upon the decision criteria adopted from the
19 specifications outlined in the RFP and were submitted for outside review; and
20 \VHEREAS, the proposals were ranked and those rankings coincided with that of
21 the Proj ect Manager; and
22 WHEREAS, upon recommendation of staff, the City Commission of the City of
23 Boynton Beach does hereby approve the award of RFP No.027-2110-05/CJD to Police
24 Executive Research Forum of Washington, D.C.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon
29 adoption hereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida,
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hereby approves the award of RFP No. 027-2110-05/CJD to Police Executive Research
2 Forum of Washington, D.C., for the Police Department Management Study.
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Section 3.
That the City Manager is hereby directed to execute a Consultant
4 Agreement for Police Department Management Study between the City of Boynton Beach
5 and Police Executive Forum of Washington, D.C., a copy of which is attached hereto.
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Section 4.
That this Resolution shall become effective immediately.
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PASSED AND ADOPTED this 5"" day of October, 2005.
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26 ATTEST:
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CONSULTANT AGREEMENT FOR
POLICE DEPARTMENT MANAGEMENT STUDY
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Police Executive Research Forum, Inc., hereinafter referred to as "the
Consultant", in consideration ofthe mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform
CONSULTANT servIces In connection with the project designated POLICE
DEPARTMENT MANAGEMENT STUDY.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required to develop recommendations and timetable for
implementation.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$98,II7.00 without express written modification of the agreement signed by the City.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
e. The Consultant's rccords and accounts pertaInIng to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
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5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (IS) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
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For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adj udicatcd within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
Police Executive Research Forum
1120 Connecticut Ave., NW Suite 930
Washinl!ton, DC 20036
Attn: Chuck Wexler
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l7. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this /~f day of
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CITY OF BOYNTON BEACH
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City Manager
illJ l~hr
Consultant
Attest! Authenticated:
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Title
(Corporate Seal)
Approved as to Form:
Secretary
Rev. 1/22/91
Jennifer E. Brooks
Notary Public, District of Columbia
My Commission Expires 05-14-2007
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EXHIBIT "A"
SCOPE OF SERVICES
The Scope of Services is the means by which the Objectives are to be evaluated and addressed.
This list may not be all encompassing, and any additional specific means must be approved, in
advance, by the Project Manager. It is expected that all coordination of activities will be
conducted through the Project Manager and the Department's assigned liaison(s). Information
and/or work documents, obtained through this Scope of Services, shall be distributed only
through the Project Manager as deemed appropriate.
The following are the specific Scope of Services, which will be utilized to address the Objectives
ofthis study.
I. Community trends analysis
2. Complaint files and logs
3. Policing style
4. Mission, goals, objectives, values
5. Accountability
6. Department policies, procedures, and guidelines
7. Crime, service and workload requirements
8. Quality management/customer-oriented programming
9. Organizational structure
10. Staff allocation, deployment, scheduling (meeting community needs)
II. Labor-management relationships
12. Employee morale
13. Leadership, management and supervision
14. Command staff size and organization
15. Training effectiveness
16. Citizen complaints and internal affairs
17. Public information
18. Crime prevention and relations with the community
19. Personnel management
20. Recruitment procedures and goals
21. Fleet management
22. Facilities and space utilization
23. Data and information processing
24. Interagency relationships
25. Productivity standards of performance
26. State-of-the-art programming and technology review
27. Work force surveyor focused groups
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The following are Issues of Concerns raised by City Commission for review as part of the
Study:
I. Length of time officers are on shift, as well as those who work details before or after
regular shifts. Issues of decision-making and safety.
2. Need for specially designated squads to deal with high profile issues such as narcotics and
gangs.
3. Code Enforcement is a division of the Police Department. Review and analyze the
efficiency and effectiveness of the code enforcement board process, procedures and
administration.
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CITY CLERK'S OFFICE
MEMORANDUM
TO: James Cherof
City Attorney
FROM: Janet M. Prainito
City Clerk
DATE: October 21, 2005
RE: Contracts and Agreements Approved by City Commission on 10/05/05
Attached is an agreement that was approved by the City Commission at their regular meeting held on
October 5, 2005. Please review, sign and return to me for further processing. Thank you.
NO. OF
RESOLUTION # DOCUMENTS DESCRIPTION
R05-163 1 Consultant Agreement for Police Department
Management Study
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Agreementdoc
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