HomeMy WebLinkAboutR-1994-141RESOLUTTON NO. 141-94
A RESOLUTION OF THE CIry OF DANIA, FLORIDA,
APPROVING ADDENDUM TO AGREEMENT BY AND
BETWEEN THE BROWARD COUNTY SHERIFF'S
OFFICE AND THE CITY OF DANIA FOR POLICE
SERVICES; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That that certain Addendum to Agreement By and Between the
Broward County Sheriffs Office and the City of Dania for Police Services, copy of which
is attached hereto as Exhibit "A", be and the same is hereby approved and the
appropriate city officials are hereby authorized to execute same.
Section 2. That all resolutions or parts of resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADoPTED on this 2 7 t h day of Sept.,1994.
ATTEST
City Clerk - Auditor
APPROVED AS TO FORM & CORRECTNESS
A.J /.
ayor - Co tsstoner
By
Frank C. Adler, City Attorney
Resolution No 141 -94
ADDENDI'I,{ TO AGREEUENT BY AND BETWEEN
TIIE BROWARD COI'IITY TIEERIFF ' A OEETCE
END TEE CIIY OF DANTI
FOR POIJICE SERVICES'
This Addendum to Service Agreement, nade and entered into in
Broward county, Florida this _ day of , 1994 by
and betereen ti:e city of Dani.a-, a munit ipar-E6rp-oFi€i6i- organiz ed
and existing under the 1a$/s of the State of Florida, which is a
rnunicipality located within the boundaries of Broward county,
Florida, (hereinafter referred to as CITY) and RON CoCHR AN, as
Sheriff of Broward County, Florida (hereinafter referred to as
SHERfFF) to be effective October 7-, 1994.
RECITALS
WHEREAS, the CITY heretofore contracted lrith the SHERIFF to
provide nunicipal police services;
WHEREAS, the CITY is desirous of renewing the police services
contract for a four (4) year period.
THEREFoRE, in consideration of the sums hereinafter set forth
and for other good and valuable consideration, the receipt and
Iegal sufficiency of which are hereby acknowledged, it is hereby
agreed as follows:
1. The tern of this Agreement is hereby extended to
Septenber 30, 1998'
2. Sections L.L2, L-2.L, L.2.2, L.2.3, L.2.4, and 1.2.5 are
hereby deleted frorn this Agreement.
3. Section 1.2 is hereby added to this Agreeurent as follows:
The staffing structure of the Dania Distrj.ct will be as
fo I lows :
District connander
Li eutenants
SergeantsDeputy Sheriffsconnunity Service AidesClericaI personnel
Secretary
4. Section 1.5 is hereby added to this Agreement as follows:
1
2
7
42
6
1
It is the responsibility of the District conmanderor designee, to properly assign personnel to
adequately provide law enforcement services in the
Dania District.
1
EXHIBIT "A"
5. 1.5 is hereby added to this Agreenent to read as follows:
utilizing the staffing structure, as provided in
Amended Section 1.2 above, the District conmanderwill provide the CITY with a total of t$renty (20)
sworn personnel during a t$renty-four hour periodsubject to a three and one half percent (3.58)
vacancy rate.
6. 1.7 is hereby added to this Agreement to read as fol.Lohrs:
The SHERIFF agrees to notify the CITY if thestaffing leveLs for any shift are reduced below thefolJ.owing levels for a consecutj.ve forty-eight (48)
hour period:
First Shift (Alpha) - six (5) patrol units andone (1) sergeant.
Second Shift (Bravo)
and one (1) sergeant.
Six (5) patrol units
Third shift (charlie) - seven (7) patrol units
and one (1) sergeant.
Notlrithstanding anything to the contrary contained inthis Agreenent and with respect to Article VIII of theAgreement, the cornpensation payable by the CITY forfiscal years 1995/96 through 1997 /98 shal} be increasedby a sum not to exceed the follorring percentage of the
base amount:
a
b
7
9
L995 / 96
L996 / 97
L997 / 98
2
5t
s8s*
Sections 2.4 and 2.L3 are hereby deleted fron this
Agreement.
Notwithstanding anything to the contrary contained inthis Agreement and with respect to Articfe VIII of the
Agreement, the compensation payable by the CITY to the
SHERIFF shall be three nillion five hundred two thousand
seven hundred fourteen dollars ($3,502,714.00) for thetwelve (12) nonth period of tine from october 7, 7994,
through September 30, 1995. This amount sha1l be paid intwelve (12) equal nonthly instalLnents of two hundredninety one thousand eight hundred ninety two and 83/100dollars ($29L,892.83) payable on the fifteenth (15th) dayof each month.
For purposes of this Agreement, the base amount sha1I be
equivalent to the cornpensation paid by tbe CITY for the
inmediately preceding fiscal year, including any salary
and enployee benefit adjustments, as Provided in
Paragraph 10 herein, and any annual vacancy credit, asprovided in Paragraph 11 herein, made for such year.
At the end of each fiscal year in which this Agreernent isin effect, CITY agrees to pay Bso for any agqregate cost
increases attributed to the fo).lowingr salary and employeebenefit adjustnents:
(a) Salary adjustnents approved by the county
Conmiss i on ;
(b) Retirement rates as deternined by the Florida
Retirement Systemi
10.
(c)
(d)
(e)
FICA rates;
Health insurance rates; or
worker's Compensation rates .
The amount paid under this paragraph is in addition to
any and aI1 amounts paid under Paragraph t hereinabove.
The cITY's liability for such aggregate cost increases
shatl be deterrnined by cornputing the anount by which
BSo,s actual projected costs for August and septenber of
the same fiscal year exceed BSo's budgeted costs for the
fiscal year due to the above-described salary and
employee benefit adjustnents. For purposes of this
Agreenent, a fiscal year is defined as October 1 through
septernber 30. Bso shalL subrnit an invoice for such
additional costs on or before September 1st of each year.
This invoice sha1l be due and payable within thirty (30)
days of receipt by the CITY.
Bso agrees to credit the CITY rrith any aqgregate cost
decreises attributed to salary and ernployee benefit
adjustments, as described above, provided the CITY's
total budget for the Dania District.
The CITY's credit for such aggregate cost decreases shall
be determined by computing the amount by which Bso's
budgeted costs exceed actual costs for the fiscal year
due to the above described salary and enployee benefit
adj ustnents .
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The following provision shalI be added to this Agreementas Section 8.6:
The parties acknowledge that the considerationprovided j.n Article VIII Lrith respect to fiscalyears L994/L995, L995195, 1995/97 , and 1997 /98include a 3.5 percent vacancy rate. The CITY shallbe entitled to an annual credit if the annual
vacancy rate exceeds 3.5 percent. A vacancy occurs
when a deputy or employee is absent from work and
such absence results in a salary Iregular sal.aries,special pay, FICA taxes (regular and special payonly), retirement contribution/reguIar, retirementcontribution/ special risk, and life and healthinsurancel savings to BSo.
11.
t2.Sections 9.2 and 9as follows:3 are hereby amended in its entirety
9 2 Bso agrees that any currency seized erithin theCITY, through active participation of DaniaDistrict's personnel, pursuant to thisagreement and chapter 932 of the FloridaStatutes, and subsequently forfeited to BSo,shall be deposited into the Law EnforcementTrust Fund established by the Broward county
Comrnission in an amount which represents theDania District's share, as defined inparagraph 9.5, of such currency. Suchcurrency shaLl be earmarked for BSo's usewithin the confines of the city.
Upon concurrence of the District commander,the CITY may apply to Bso for the use of suchfunds if such application is in conpliancewith Florida Statutes. BSo agrees to subnitsuch application to the Broward countycomnission for appropriation. Uponappropriation, such funds shalI be madeavailable to BSo for its designated use withinthe confines of the city.
The parties agree that the decision to disposeof or use personal property seized rrithin thecITY through active participation of DaniaDistrict personnel sha1l be in the soLe
discretion of BSo. In the event BSO decidesto use such personal property outside of theCITY, BSo shaIl allocate funds to the Law
Enforcement Trust Fund equivalent to the DaniaDistrict's share, as defined in paragraph 9.5,of the rnutually agreed upon fair narket value
9.3
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of such personal property less any lien onsuch property and the cost incurred by BSo inproceedj.ng with such forfeiture actionincluding, but not lirnited to court costs,attorney fees, publication costs, storagecharges, security, and maintenance costs.Such allocated funds shalL be earmarked forBSO'S use within the confines of the City,
The parties agree that the decision to use ordj.spose of real property seized within theCfTY through active participation of Daniapersonnel shal1 be in the sole discretion ofBSO. fn the event BSO decides to dispose ofsuch real property, BSO shall allocate fundsto the Law Enforcenent Trust Fund equivalentto the Dania District,s share, as defined inparagraph 9.5, of the mutually agreed uponfair rnarket value of such real property lessany loans, nortgages, 1iens, or any otherencumbrance on such property and the costj.ncurred by BSO in proceeding with suchforfeiture action including, but not lirnitedto court costs, attorney fees, pub).j.cationcosts, security, and maintenance costs. Suchallocated funds shal1 be earmarked for BSOrsuse within the confines of the CITY.
9.4
9 5 The Dania District,s share will be based uponthe ratio that the Dania Districtrspersonnel,s participation bears to theparticipation of a]1 law enforcement agencies,
and units' participating in the seizure of theproperty .
6 BSo shalI, on a quarterLy basis, supply theCfTY with a written record of the above-described fines and forfeitures. Suchreport(s) shaLL include a description andestimate of value of properties seized underthe laws of the State of Florida, whether ornot disposition thereof has been adjudicated.Moreover, such report(s) sha11 be amended,fron tirne to time, by reflecting the ultimatedisposition of property described in anearlier report(s), and such amendatoryreport(s) sha11 be subhitted to the CITYwithin ten (10) days of the ultinateadjudication with regard to the seizure ofsuch property.
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13.Section 13.5 is hereby added to this Agreenent as
f oIlolrs:
SHERIFF reserves the right to provide to above-stated insurance under a self-insurance p1an.
L4. Article XXf is hereby arnended in its entirety as folfows:
ft ls recognized that the CITY oF DANIA has tolring
agreements with locaL vendors. From tirne to tirne,
SHERIFF, through his agents or ernployeesinvestigate traffic cases and/or fatalities whichrequire stringent custodial procedures wherecrininal evidence is involved. The SHERIFF shaIlhonor the CITY's agreenents with local vendors
concerning towing within the nuni.cipal boundariesof the CITY oF DANIA, provided hohrever, that the
vendors rneet all of the SHERfFF's specificationswith regards to naintaining crininal evidence andits ability to provide adequate insurance coverageto the satisfaction of the Director of the
SHERfFF's clains Division. SI{ERIFF reserves theright to tow if vendor faits to cornply with saidspecification. Further the SHERIFF aLso reservesthe right to continue to use the towing servicesother than those of the local vendors with regardsto all confiscations/ forfeiture cases occurringtwithin the CITY oF DANIA.
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ADDENDT'U TO AGREBIIENT BY AND BETWEEN THE BROWARD COUNTY SHERTFF'S
OFFICE AND THE CTTY OF DANIA FOR POLICE SERVICES
IN WITNESS WHEREoF, the parties hereto have caused this instrument
as of the dates set forth belou:
CITY }IANAGER
Date:
MAYOR
Date:
ATTEST:
CITY CLERK
BROWARD COI'NTY SEERTFS'g OTFICE
RON COCHRANSheriff
Date :
Approved as to form and 1egal.sufficienry subject to execution
by the parties :
By:
CHARLES T. WHITELOCK, ESQ.
CITY ATTORNEY
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CITY OP DA}IIA
Approved as to form and
correctness :