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HomeMy WebLinkAboutAgreement_General_5/11/2023_Jeffrey D. Owens Accreditation ColonyPROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (this "Agreement') is made and entered into as of the ZS' day of ' f 20'Z3 (the 'Effective Date"), by and between the Tequesta Police Department and Jeffrey D. Owens (DBA) "Accreditation Colony. LLC (the "Service Provider") with an office located at Post Office Box 231 13245 NE 106 Street, Anthony, Florida. WHEREAS, the Tequesta Police Department wishes to obtain the professional services of the Service Provider: and, WHEREAS, the Service Provider has the knowledge, skill. and capability to perform such services for the Tequesta Police Department. THEREFORE, in consideration of the foregoing, the parties, intending to be legally bound, hereby agree to the following: 1. Services. The Service Provider is hereby retained by the Tequesta Police Department. and Service Provider agrees to provide the following services: a. Prepare the Department for accreditation, including coordinating, overseeing, and planning the Department's adherence to standards set forth by the Commission for Florida Law Enforcement Accreditation, Inc. (CFA): b. Maintains the department's policy manual and historical records of revised policies and procedures. Assists Command Staff with writing and/or reviewing all policies and procedures to ensure compliance with new or amended CFA standards and best practices. Recommends policy and procedure revisions as needed; c. Responsible for maintaining report files for accreditation, sending out reminders of proofs of compliance due under the authority of the Chief; d. Enforce work deadlines as they apply to the accreditation requirements. Ensures all annual and/or time sensitive reviews, reports, audits, inventories, and inspections are completed or prepared and are submitted as required by CFA; e. Responsible for maintaining all files and data entry via PowerDMS software; f. Provide advice, support and assistance by interpreting policies and procedures; g. Responsible for adherence to changes in CFA standards and current laws that pertain to those standards. Attend accreditation -related training and conferences to remain updated on requirements. h. Accurately compile "proofs of compliance" for applicable accreditation standards; and i. Act as a liaison between the Tequesta Police Department, outside agencies, and the CFA. 2. Work Made for Hire. The Work Product shall constitute works -made -for -hire belonging exclusively to the Tequesta Police Department. To the extent that any Work Product does not constitute a work -made -for -hire owned by the Tequesta Police Department, Service Provider agrees to assign and transfer all of its rights, title, and interest in such Work Product to the Tequesta Police Department. 3. Modifications to Work Product. The Tequesta Police Department retains the right to modify the Work Product or to merge the Work Product into other documents or other materials owned or utilized by the Tequesta Police Department. 4. Payment. The Tequesta Police Department agrees to pay Service Provider $ 1862.00 monthly for Services completed in accordance with the terms of this Agreement. The fee shall be payable within thirty (30) days after receipt and approval by the Tequesta Police Department of Service Provider's invoice. The Service Provider shall not incur or charge the Tequesta Police Department any other fees or expenses without the prior written authorization of the Chief. Performance beyond the limitations set forth in this Agreement (either financial or time period) shall be at the sole risk and responsibility of the Service Provider, and the Tequesta Police Department shall not be obligated to pay for Services exceeding the funding or contract period of this Agreement. If the Service Provider becomes unable to perform services pursuant to this Agreement by reason of illness, incapacity, or death, compensation shall cease upon the happening of the event. 6. Term. The term of this Agreement shall commence on May 1, 2023, and shall continue until April 30, 2024, unless this Agreement is otherwise extended or terminated in accordance with the terms specified herein. 6. Entire Agreement. This Agreement represents the entire agreement between the parties hereto and supersedes all prior and contemporaneous written or oral agreements and all other communications between the parties relating to the Services to be rendered hereunder. Any additions, deletions, or modifications shall not be binding on either party unless accepted and approved in writing by duly authorized representatives of both parties. In the event of any contradictory provisions between this Agreement and the terms or other documents issued by the Tequesta Police Department or Service Provider in connection herewith, the terms set forth in the body of this Agreement shall prevail. IN WITNESS WHEREOF. this Professional Services Agreement has been duly executed by the authorized representatives of the parties hereto as of the date first set forth above. Dated: y _ . r 4 20,Z Village of Tequesta FETE Title: V Dated: 7 Z 5 20 j SERVICE PROVIDER By: err v' Name: 7e 7ql--ell Uc�e�S Title: i PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."