96-22230 RESO
RESOLUTION NO. 96-22230
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY
A 5/7THS VOTE, COMPETITIVE BIDDING
REQUIREMENTS AND APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH PATRICK RYAN TO PROVIDE
BACKGROUND INVESTIGATION SERVICES TO THE CITY
FOR ONE YEAR, AT A FEE OF $20,000.00.
WHEREAS, the City has approximately four hundred (400) new employees each year; an i
WHEREAS, the average price to perform background services on new employet S S
approximately $125.00 per applicant, or $50,000.00 per year; and
WHEREAS, the City currently retains an outside company to perform these backgrc Ull j
investigative services on new employees; and
WHEREAS, the Administration has determined that by performing this function in-hollsl:,
by hiring a part-time investigator at a rate of $20.00 per hour on a contractual basis, this cost Cl)uJ:i
be significantly reduced; and
WHEREAS, the Administration therefore recommends that it would be in the best intcre:t
of the City to waive the competitive bidding requirements by 5/7ths vote, :m.d authorize the MaYlf
and City Clerk to execute the attached Agreement between the City and Patrick Ryan, as in-home
investigator for background investigative services on new City employees; and
WHEREAS, the Agreement with Mr. Ryan would be in effect for a period of twelve (1:.)
months, for a total compensation of $20,000.00, with additional start-up expenses to the City f,"r
computer expenses; Florida Department of Law Enforcement checks; credit verification; and In ot, "r
vehicle record checks, totalling approximately an additional $9,000.00.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITI{
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, waiving, by a 517ths yot,:,
the competitive bidding requirements, and approving and authorizing the Mayor and City Clerk 110
execute the attached Agreement with Patrick Ryan to provide background investigation servic(':s t )
the City for one year at a fee of $20,000.00.
PASSED AND ADOPTED this 18tlday of Dee
----.I
ATTEST:
jio bJ' rCU~
CITY CLERK
APPROVED I-S 10
fORM & LANGUAGf
& fOR EXECU'nON
C:\WPWIN60\WPDOCS\RESOLUTN\P A TKRY AN .SVS
1J.1J2:!:
l r 2..5 -96
Date
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO.~ ~~
TO:
Mayor Seymour Gelber and
Memben of the City Commission
TE DECEMBER 18, 19~'6
DA :
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
F THE MAYOR AND CITY. COMMISSION OF THIE
CITY OF I BEACH, FLORIDA, WAIVING, BY A 517THS VOTE,
APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH PATRICK RYAN TO PROVIDE
BACKGROUND INVESTIGATIVE SERVICES TO THE CITY FOR ON.~
YEAR, AT A FEE OF $20,000 PltR YEAR.
ADMINISTRATION RECOMMENDATION
To award a professional services contract to Patrick Ryan, investigator for background
investigative services.
CONTRACT AMOUNT
The agreement will be in effect for a period of twelve (12) months, for a total compensa1 iOl
of $20/000. Additional expenses to the City will include $2000 for start-up Computer
expense, $6/000 for Florida Department of Law Enforcement Checks, $700 for Cn~d t
Verifications, and $300 for Motor Vehicle Record Checks. These costs are based on acces;
time and/or monthly fees for computer software required for on-line access. This include;
Autotrack, F.C.I.C. and Equifax. These payments will be made directly to the comp,m r
supplying the computer services to the Consultant, upon receipt of invoices.
At the present time background services are being charged to the individual department based
on the number of hires and promotions. This will continue to take place by prorating Patl"id:
Ryan's salary and the computer access costs needed to perform the background ch~d:
assigned for the applicant by department.
BACKGROUND
It is in the best financial interest of the City to contract Patrick Ryan to perform backgroun(.
investigative services for the City. Historically, the City hires approximately four hundred nev'
employees per year. The average price from an outside company is approximately onE:
hundred twenty five dollars per applicant or fifty thousand dollars per year.
DATE
c.. rL'~
1J?-1.8~
AGENDA ITEM
36
The use of an on staff investigator will not only produce approximately a $21,000
savings to the City for the first year, but will also provide a faster response time to th ~
background procedures used for pre-employment and promotional purposes.
The Administration has previously explored many options, including a competitive bi( l
process (see attached), and has concluded that this professional services agreement is th ~
most viable option both from a financial standpoint and response time for the City.
Patrick Ryan was employed by the City of Miami Beach as a Police Officer on Februar: r
25, 1969, and subsequently retired in July 1993. He returned to work in th ~
background investigation unit in January 1995. He is an experienced investigator whc ~
performed background investigative services for both civilian and sworn employees. H:
has been extremely helpful in computerizing the background process for the Mic.m.
Beach Police Depanment., (See Attacted Resume).
CONCLUSION
In light of the above, the Administration recommends that the Mayor and Cit1'
Commission award a Professional Services Agreement to Patrick Ryan.
g @ LAJ
JGPIRWB~
37
CITY OF MIAMI BEACH
HUMAN RESOURCES DEPARTMENT
DATE: April 14, 1997
TO: Robert Parcher
City Clerk
FROM: Gail Poe-Liu L\\Y\--
Human Resources Administrator
SUBJECT: PAT RYAN CONTRACT - VOID
This is written per the request of Mercy Williams to confirm our telephone conversation th s
morning. We will not be utilizing the contract between the City and Pat Ryan for Background ar:l
Investigative Services which was approved by the Commission December 18, 1996, via Resolu:io: L.
The City and Mr. Ryan could not come to agreement regarding insurance provisions.
If you have any questions, please do not hesitate to let me know.
f: \h \$\gpl\mem - inter\ryanvoid. wpd
AGREEMENT
This Agreement is entered into between Patrick Ryan (Contractor) and the City of Miar li
Beach (City), for a period of twelve (12) months with an effective starting date of _,
1996, and a termination date of
This Agreement is for the purpose of providing background investigation services for t1 e
City of Miami Beach, Human Resources Department. As part of this Agreement, the Contra ct( "r
shall provide the following services:
a. Provide for nine (9) different profile checks depending upon the classificatio1
specified. These profiles may include checks on FDLE, previous employmeI t
verification, driving record, credit history, reference checking, fingerprint in! ,
education verification, civil records checking, and any other required documentatio 1
or licenses that the City may require for pre-employment and promotional purpose: .
b. Provide interpretation and explanatIon of all results requested to the appropriat.~
Human Resources Staff member.
c. Schedule as needed appropriate polygraphs and/or psychological examina~ion:; a;
required with the designated company.
d. Assist the Human Resources Department to expedite all background reports to Ilin:
and promote expeditiously.
e. Review background documentation (Personal History Questionnaires) turned in b~
applicants for completeness.
f. Inform the Human Resources Department of any legislative changes that may am~c
background investigative services.
g. Participate in pre-employment screening, when necessary.
For the purpose of this Agreement, Mr. Ryan shall be deemed to be an independ~nl
contractor, and not an agent or employee of the City, and shall not attain any rights or benefits undeI
the Civil Service or Pension Ordinance of the City, or any rights generally afforded classified OI
unclassified employees. Further, he shall not be deemed entitled to Florida Worker's Compensation
benefits as an employee of the City or accumulations of sick or annual leave.
26.1 payments will be made, in the amount of $766.29 bi-weekly, for up to twelve (J 2)
months. payment will be made every two (2) weeks. This Agreement will be in effect for a period
of twelve (12) months, for a total compensation of$20,000.00. Additional expenses to the City vrill
1
include $2,000 for start-up Computer expense, $6,000 for Florida Department of Law Enforceme nt
Checks, $700 for Credit Verifications, and $300 for Motor Vehicle Record Checks. These cos1 s ~ re
based on access time and/or monthly fees for computer software required for on-line access. Tl is
includes Autotrack, F.C.r.C. and Equifax. These payments will be made directly to the COm?aJ1Y
supplying the computer services to the Consultant, upon receipt of invoices.
It is agreed Contractor will be able to participate in other personal service agreements wih
any agency or individual which does not create any actual or inferred conflict of interest witll tl !:e
City of Miami Beach.
This Agreement may be terminated without cause and for convenience of either party, ty
giving written notice to the other party of such termination, which shall become effective thirty (3( :1)
days following receipt by the other party of the written termination notice.
In the event of such termination for convenience of either party, the Contractor shall be pai j
a sum equal to all payments due to him up to the ~ate of termination of this Agreement, prov] de j
Contractor is continuing to provide all services pursuant to the Agreement up to the date (f
termination.
Contractor agrees to indemnify, defend and hold harmless, the City of Miami Beach and it;
officers, employees and agents, from and against any and all actions, claims, liabilities, losses, an I
expenses, including, but not limited to, attorney's fees, for personal, economic or bodily injul],
wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged tll
have arisen from the negligent acts or omissions or other wrongful conduct of the Contractor or hi .;
subcontractors, employees, or agents in connection with the Contractor's performance of service.:
pursuant to this Agreement. The Contractors's obligation under this paragraph shall not include the
obligation to indemnify the City of Miami Beach and its officers, employees and agents, from .me
against any actions or claims which arise or are alleged to have arisen from negligent acts 0
omissions or other wrongful conduct of the City and its officers, employees and agents. The par1ie~
each agree to give the other party prompt notice of any claim coming to its knowledge that in an)
way directly or indirectly affects the other party.
This Agreement shall be enforceable in Dade County, Florida, and iflegal action is necess;U)
by either party with respect to the enforcement of any terms and conditions herein, exclusive ver.ue
for the enforcement of same shall lie in Dade County, Florida.
The City desires to enter into this Agreement only if in so doing the City can place a limit
on City's liability for any cause of action for money damages due to an alleged breach by the C tty
of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000.00.
Contractor hereby expresses his willingness to enter into this Agreement with Contractor's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of
$5,000.OQ. Accordingly, and notwithstanding any other term or condition of this Agreeme1t,
Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in
2
excess of$5,000.00, for any action or claim for breach of contract arising out of the performance IIr
non-performance of any obligations imposed upon the City by this Agreement. Nothing contatm d
in this subparagraph or elsewhere in this Agreement is in any way intended to b a waiver of tl e
limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes.
All notices under the term of this Agreement shall be sent to the following:
CONTRACTOR:
PATRICK RYAN
HUMAN RESOURCES DEPARTMENT
CITY OF MIAMI BEACH
1700 CONVENTION CENTER
MIAMI BEACH, FLORIDA 33139
CITY:
CITY OF MIAMI BEACH
CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
WITH COPIES TO:
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
It is further agreed that this Agreement may be altered, extended and amended only upon 'he
written consent of both parties hereto.
3
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed b {
the respective officials thereunto duly authorized, this date and year first above written.
CITY OF MIAMI BEACH
A Florida Municipal Corporation
City Clerk
Mayor, Seymour Gelber
Witness
Contractor, Patrick Ryan
Witness
A:\PATKRYAN.AGR
JGPIRB/TCAlLG
APPROVED AS TO
FORM & lANGUAGE
& FOREXECunON
1t. ~ {!->-S-u
- '. Attorney Date
4
PATRICKJ. RYAN
5830 S.W. 162 AVE.
FT. LAUDERDALE
(305) 680-9265
EXPERIENCE:
LAW ENFORCEMENT BASIC TRAlNING:
Employed as a full-time Law Enforcement Officer for the City of Miami Beaclt P,)li( e
Department.
12170 HOMICIDE INVESTIGATION:
Assigned to the Detective Bureau. Responsible for Investigating / fonowing up leads an i
preparing
o cases for presentation in court.
IOnl CHEMICAL INTOXICATION COURSE: 0
Responsible for administering roadside tests and chemical tests on persons suspected 0:
being under the influence of an alcoholic beverage.
.
lIn! ACCIDENT INVESTIGATION COURSE:
Assigned to the accident investigation unit. Responsible for the investigation of traffic
accidents within the City of Miami Beach.
06/71 TRAFFIC DMSION:
~gnment to the Motorcycle patrol. Duties were to en.torcc the tI:afiic laws of the
state of Fla.
07/81 S.lD. (STRATEGIC INVESTIGATIONS UNIT):
Respo13sible for enforcing the Narcotic and Gambling Jaws of the State of Fla. aad
any other related violations. During my assignment with SJ.u. I had the occasi:m
to work with and be the control agent of many informants and held the positbn
of a Drug Dealer and worked many lounges as a JOHN" in prostitution cases. Duri:1g
this time I was also assigned to the organized crime unit and had the occasil)n
to work many cases involving illegal gambling. During the course of 1981 to 1989 I
have written and assisted in the writing of over lOO search and arrest warrants
that resulted in the arrest of over 250 people and the sei2ure of money and property valvl:!d
in excess of 10 Million Dollars.
09/81 NARCOTIC AND DANGEROUS DRUGS COURSE:
Attended the D.E.A(Drug Enforcement Administration) basic 40 hour drug schooL
P.2
02182 TECHNICAL SURVEILLANCE 1 COURSE:
Attended a basic surveillance course which covered
1) The basics in audio and visual surveillance.
2) Evaluating which equipment is correct for the job.
3) Ule correct manner in which to present the need to purchase equipment.
08/82 ADY ANCED NARCOTIC AND DANGEROUS DRUG COURSE:
Attended the D.E.A(Drug Enforcement Administration) advance drug school. (80 houl'
course)
10/83 DBASE 11 BASIC DATABASE SYSTEM:
Attended the basic scllooI in order to prepare for the computer system being considenm
fur S.lU.
06184 DBASE 11 ADVANCE DATABASE SYSTEM:
Attended the advance school as it last steP in the preparation for the computer system
for S.I.U.
10184- COMPtJTB.R. SYSTEM FOR S.lD.:
Helped in the design of the software to be use in the computer system for 81.U.
05/85 DIGNITARY PROTECTION:
Assigned to several Dignitary protection details which included the President, Vic(f-
President and Foreign Officials. At times this inchIded the assignment of a one on one
personal protection.
07/86 BLUE UGHfING CROSS DESIGNATION COURSE:
Cross trained and swom in as US Customs Officers with all the official powers as a
Customs Officer.
02/88 UNDERCOVER SURVEILLANCE VAN;
Wrote the specifications, designed and submitted the bid for a undercover van (valued at
$69,0(0) which the city purchased. At the time this van designed and built it was onl~
only four (4) in the state. The van was so equipped that it could do both audio and
video surveiIIance and so designed as to be able to do a surveillance for days at a tinu:
without returning to base.
02/89 STATE OFFLA CRIME INFORMATION SYSTEM COURSE:
This is the F.e.I.C. system used for the inter- state checking of person(s).property anC':
vehicles.
P.3
1989
to
1991 CONFISCATION AND FLEET MANAGEMENT:
CONFISCATION
During the time that I was assigned to the office of confiscation I had the responsibil ity
of overseeing the seizure of vehicles and any article that was used during the
commission of a felony. This position also included the responsibility of making the
choice of what seized was to be released back to the owner. If the article that was sei2ed
fell within the law my job was to see that it was filed for forfeiture within the legal time
and to follow its progress thought the court system until it was awarded to
the city.
, 0 VEHICLES AND BOATS
When Vehicle or Boat was awarded to the City it was my job to decide if the vehicle or boat
Wfl,S in sucl1 a condition that it would be used by the city or sold at public auction. If the
boat or vehicle was aoId at public auction I bad to be present to insure that the polil~e
department received the ~ount that the auction brought.
o MONEY
When Money was seized under the original system it was placed into the Miami Beach
Police Department's property room to await the outcome of the court disposition. If t]:;e
money was awarded back to the owner I had to arrange for the owner to appear at the
property room to count and receive the money. If the money was awarded to the city I had
to remove it from the property room and take it the to city cashier at city ball and make
the deposit with them. After I had heard of sevecal cases were a defendant had been
awarded his money back and sued the . seizing agency for loss of income on his money, r
was able to convince the department to open an interest bearing account for the money
pending a court order. This account would serve two things. First in the event that tbe
defendant was awarded his money back and sued for loss of interest it would be there. On
the other hand if the money was awarded to city the principal would be placed into the
cities confiscation account and the interest would be left in this interest bearing account
to continue to gain interest.
lap: -4
FLEET MANAGEMENT
At the start of my assignment as the fleet manager for the police department I found that
the vehicle inventory was done by hand and that many of the vehicles had been tr'a,m,fer
so many times that most division heads did not what were theirs or not. I was able to
borrow an old 860 computer and .from there by designing my own inventory program, I
was able to track all the vehicles assigned to the police department and give ~Ilch
division head a complete list of vehicles assigned to their division My assignment as
fleet manager al:so included the task. ea.ch year to decide as to what vehicles were to be
downsized to another division or department in the city or to be deleted from the lIeet.
FLEET MANAGEMENT also included the confiscated vehiclcs. When a vehicle was
awarded to the city I would have to get the vehicle: titled to the city and then decidt: if
the vehicle was to be used by the city or sold at public auction. If the vehicle was to be
used by the police department I had to enter it into the cities system and then assign:d
it to a division - If the vehicle was to be sold at public auction I was to oversee the
auction in order to insure that the police department received the full amount due.
RENTAL VEHICLES
When the vehicles that were seized by the city did not meet the stan.dards set forth I went
to the Police Administration and convinced them to purchase good rental vehicles from
the lowest bidder. Myself along with the city shops supervisor designed a list ,f
standards that were to be followed in the choice of vehicles to be purchBsed.
04/91 BASIC LIMITED ACCESS OPERATORS COURSE:
This is the first course required to order to be certified by the state of Fla to be a
limited Access operator instructor.
04/91 LIMITED ACCESS OPERATORS INSTRUCTORS COURSE:
I was sect to Tallahassee to be Certified by the State of Fla. as a limited access operator
instructor. This certifi.cation allows one to instruct and certifY others as limited acce,s
operators as set forth by the State ofFla This certification also allows me to instruc.:t
any place in the State of Fla.
05/91 TRAINING INSTRUCTO"R.S COURSE:
Attended Miami Dade college and received a training certificate from the school which
allows me to teach at the police Training Institute and to do in service training at the
police department.
(""
bpS
06/91 BASIC ASP COURSE:
This is the fi.m course required in order to be certified as an instructor in the use of th~:
ASP. (The ASP is an c;.q>andable baton which is now being widely used by many poIiC(;~l
departments)
07/91 INTRODUCTION TO PC AND DOS COURSE:
Attended a course which introduces one in the basic use of PC and Dos.
07/91 ASP INSTRUCTORS COURSE:
This course is required in order to be certified as a instructor in the use of the ASP.
au NOTE U.
From 05/91 until the day of my retirement in 1993, I was an instructor for the city of
Miami Beach Police Department to do in-service training.
Courses of instruction:
"'The flrst of instruction was the certification of all sworn police officers as limited
access operators for the mobile computers installed in the police cars.
*The second course was the operation of the Motorola KDT -480 Mobile Data
Terminal.
*The third course of instruction was the certification of all sworn officers in the
operation of the ASP Baton.
,.. The fourth co~e of instruction was the assisting in the instruction of self dcfcn:sc
tatics.
Pace 6
1991 BIKE PATROL:
Was assigned to the Mounted Bike Patrol and given the 41 st area to patrol. During i:tIj
time on the bike patrol there was a change of leadership and at that time I was
asked to take over the job of witting the requests to purchase of 12 new mountUn
bike to be used by the bike patrol. After several types of bikes were looked one was picked
that 1 felt would best tit the needs of our department. The request to purchase was
submitted to the purchasing department and once the contract was awarded I met with
the vender and assisted him in preparing the bikes for delivery. I had held the position
of bike officer :from 1991 to rur.. Y 23 :Miami Beach Police Department.
The City of Miami Beach Police Department is one of several Depanment that allow its
police officers to engage in off duty employment in order to supplement tl1eir salaries.
During the last several years I was ODe of many who took advantage of this opporD.1.t1iJy.
During my course of off duty employment I had the occasion to hold the position of' a
off duty supervisor on many jobs. This position involved acting 45 the contact pc:rson for
the person or persons hiring the police and the city . This job consisted of (1) supplying the
officer(s) for the job: (2) Insuring positions were filled at the times requested: (3) And
_ making sure that the officer and the city received the fee's due them for this service. At on.e
time between three jobs that I was in charge of 20 police officers.
The.last Off Duty job that I was involved in prior my retiring was at the Convention Hull
workiDgfor Jewelers International Showcase (l1.S.). this company holds trade shows filt"
the Jewehy trade. My position during this time was the responsibility for the payroll for the
offduty police officers working the job. I held this position on thisjob for approx. Four (4)
years.
Upon my retirement the owner of the company called me and offered me the positic:n
ofhis Security Director. This position consisted of three (3) things phases for the Security
Director and his staff:
First Phase: Front Door Security during show hours. This position requires the overseein g
of the front door staff to ensure that only the persons with the proper passes are allowed cn
the showroom floor.
Second Phase: Security Room. This position is the most important one in which the securit y
director and his sta1f are requJred to co~y secure a room with video cameras, recorders
and motion detectors for securing over night gold and diamonds in ~cess at times of over
500 million.
Three Phase; Is the protection of the owner of the show, his family, staff and the Jewelers
at the show.
Pap 7
From the day I was hired by the owner of 1.1 S. To now, I have been sent along with
my staff to do shows not only in Miami Beach but in Orlando, Las Vegas and Aruba.
In 1995 I was approached by then Sgt. Plcscow and Mr, R. Frame and asked if I would bt.
interested in working in the Backgrounds Unit for the Police Department. I was tOld thal
the city was in the process of hiring in excess of 30 new officers and that they needed
additional help in that area, therefore) myself and retired Sgt. J. Yero were hired and assigned
to the BacIcg:rounds Unit. When the position for Police Officer was opened the Backgrounds
Unit received around 2,500 applications in which 500 were computer selected to proc;c;cd
the second step of the process, which was the physical test. At that point the applicants w.::re
ranked scored and the final step of the Backgrounds Investigations started.
The Backgrounds Investigation of the applicants included a complete personal history
check. the scheduling of the polygraph examin.rtion and the Physiological evaluation.
During this time along with the backgrounds that I was assigned to do , I also assisted in 1 he
writing of the requests for the computers and printers to be used by the baclc,grounds u:!1it
and the Personnel Department during the hiring phase.
Onc.e the background investigations started) another one of my jobs was to keep track oftbe
investigators and their applicants. In order to do this I was asked to create a Flow Chart to
be used by the investigators and myself to help dwing this process. At one point in tile
background investigation it became apparent that there was a problem with the examinatiOillS
of the in-house polygraph ~inator that we were using, so I was asked if I could assist in
the finding of a replacement exanUnator. After several companies were interviewed a MI.
Joseph Basler (who is a retired Miami Beach Police Sgt. ) was given the contact. Sevexal
of the certified applicants were of out of the state therefore it hecame necessary to send
investigators out of the state to do a complete backgrounds check. Again I was asked if I
would help in the planning these trips.
As time proceeded on and applicants were hired it become apparent that the full staff of
backgrounds investigators. would not be needed, therefore, I was transferred to the
CommuDications Unit ~ a Part-Time Supervisor. My job at this time has been assisting in
the position or a supc:rvisor, doing payroll entIy, keeping track of the applicants for positions
in the Conununications Unit, tracking weekly overtime and supply inventory.
TOTAL F . la8