HomeMy WebLinkAboutR-1994-121RESOLUTION NO.12r-94
A RESOLUTION OF THE CITY 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the same are hereby repealed to the extent of such conflict.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 23rd day of Auqust , 1994' -,
Mayor - Co mt oner
ATTEST
City Clerk - Auditor
APPROVED AS TO FORM & CORRECTNESSa/LBy:
Frank C. Adler, City Attorney
Resolution No. 121-94
ADDENDUI'I TO AGREEMENT BY AND BETWEEN
THE BROWARD COUNT Y SIIERITT ' S OFFICE
AND THE CITY OF DANIA
FOR P OLICE SERVICES
This Addendum to Service Agreement, made and entered into inBrohrard County, Florida this _ day of August, 1994 by and
between the City of Danj,a, a municipal corporation organized andexisting under the la$rs of the State of Fforj,da, which is arnunicipality located within the boundaries of Brolrard County,Florida, (hereinafter referred to as CITY) and RoN cocHRAN, asSheriff of Broward county, Florida (hereinafter referred to as
SHERIFF) to be effective october L, ]-994.
WHEREAS. the CITY heretofore contracted with the SHERIFF toprovide nunicipal police services;
WHEREAS, the CITY j-s desirous of renewing the police servicescontract for a two (2) year period.
THEREFoRE, in consideration of the suns herej-nafter set forthand for other good and valuable consideration, the receipt andIegal sufficiency of which are hereby acknowledged, it is herebyagreed as follows:
l-The term of
September 30,
this
1996.
Agreenent is hereby extended to
2 and 1. 2.5 are42Sections L.]-2, L.2.1, L.2.2, L.2.3, L
hereby del-eted from this Agreement.
3. Section 1.2 is hereby added to this Aqreement as follows:
District Commander
Lieutenants
SergeantsDeputy Sheriffs
community Service Aidesclerical personnel
Secretary
4. section 1.5 is hereby added to this Agreenent as fo1Ior"/s:
It is the responsibility of the District commanderor desj-gnee, to properly assign personnel to
adequatel-y provj,de Iaw enforcenent services in the
Dania District.
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EXHIBIT "A''
RECTTALS
The staffing structure of the Dania District will be asfollows:
5 1.6 is hereby added to this Agreement to read as follows:
Utilizing the staffing structure, as provided in
Arnended Section 1.2 above, the District Commanderwill provide the CITY $/ith a total of twenty (20)sworn personnel during a twenty-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 foLl-ows:
The SHERIFF agrees to notify the CITY if thestaffing l-evels for any shift are reduced below thefollowing level-s for a consecutive forty-eight (48)hour period:
First Shiftand one (1)
(A1pha)
sergeant.six (6) patrol units
Second Shift (Bravo)
and one (1) sergeant.
Third shiftand one (1)
Six (6) patrol units
(Charlie) - Seven (7) patrol unj.ts
sergeant .
Sections 2
Agreement .
4 and 2,13 are hereby deleted fron this
Notwithstanding anything to the contrary contained in theAgreement and with respect to Article vIII of theAgreement, the compensation payable by the CfTY to the
SHERIFF shalL be three million four hundred ninety
thousand two hundred eighty seven dol-1ars ($3 | 490, 287 .OO)for the twelve (l-2) nonth period of time fron October 1,
1994 through September 30, 1995.
Notlrithstanding anything to the contrary contained in theAgreement and with respect to Article VIII of theAgreement, the compensation payable by the CITY for theperiod of October 1, 1994 through Septenber 30, 1995shall be payable in rnonthly installments of tr.ro hundredninety thousand eight hundred fifty seven and 25llOOdollars ($290,857.25) on the fifteenth (r-sth) day of each
month .
Section 8.3 shall be applicable to the period of October1, L994 through Septenber 30, L996.
Nothtithstanding anything to the contrary contained in theAgreement and vJith respect to Article VIII, the CITYagrees to pay the SHERIFF a sun not to exceed a fivepercent (52) increase from the consideration for fiscal
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b.
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13.
year L994/L995 for the period of october 1, 1995 through
September 30, 1996. Said increase shaLl only be approvedafter the SHERIFF has provided detailed financial backupjustifying the j.ncrease to the cITY.
The follohring provision shaII be added to this Agreementas section 8 .6:
The parties ackno$rledge that the considerationprovided in Artj-cle vIII with respect to fiscalyears 1994/L995 and 1995/96 include a 3.5 percent
vacancy rate. The CITY shall be entitled to anannual credit if the annual vacancy rate exceeds3.5 percent. A vacancy occurs when a deputy oremployee is absent fron work and such absenceresults in a salary (regular salaries, special pay,
FICA taxes (regul,ar and special pay only),
ret j.rernent contribution/reguIar, retirement
contr ibut ion/ special risk, and Iife and health
insurance savings to Bso.
sections 9.2 and 9as f o11ov,rs:
o?
3 are hereby amended in its entirety
BSO agrees that any currency seized within the
CITY, through active participation of DaniaDistrict's personnel, pursuant to this
agreement and Chapter 932 of the FloridaStatutes, and subsequentLy forfeited to BSO,shall be deposited into the Law EnforcementTrust Fund established by the Broward County
Commission in an anount which represents theDania District's share, as defined inparagraph 9.5, of such currency. suchcurrency shal1 be earmarked for BSo's usewithin the confines of the City.
Upon concurrence of the District Commander,the CITY nay apply to BSO for the use of suchfunds if such application is in compliancewith Florida statutes. BSo agrees to submitsuch application to the Brohrard countyComrnission for appropriation. Uponappropriation, such funds shaLl 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 within theCITY through active participation of DaniaDistrict personnel shall be j,n the soLediscretion of BSO. In the event BSO decides
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to use such personal property outside of theCITY, Bso shall alfocate funds to the Law
Enforcement Trust Fund equivalent to the DaniaDistrict's share, as defined in paragraph 9.5,of the nutually agreed upon fa j.r market vaLueof such personal property less any lien on
such property and the cost incurred by BSo inproceeding with such forfeiture actj.onincluding, but not lirnited to court costs,attorney fees, publication costs, storagecharges, security, and rnaintenance costs.
Such allocated funds shall be earnarked for
BSO's use within the confines of the city.
The parties agree that the decision to use ordispose of real property seized within the
CITY through active participation of Daniapersonnel shall be in the sole discretion of
BSo. In the event BsO decides to dispose of
such real property, Bso shal1 allocate fundsto the Las, Enforcement Trust Fund equivalentto the Dania District's share, as defined inparagraph 9.5, of the mutually agreed uponfair market value of such real property J.essany 1oans, nortgages, Iiens, or any other
encunbrance on such property and the costincurred by Bso in proceeding with suchforfeiture action including, but not linitedto court costs, attorney fees, publication
costs, security, and maintenance costs. Suchallocated funds shall be earmarked for Bso's
use vithin the confines of the crTY.
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9.6
9 5 The Dania District's share will be based upon
the ratio that the Dania District'spersonnel's participation bears to theparticipation of alt lahr enforcement agencies'
and units' participating in the seizure of the
property .
Bso shal-I, on a quarterly basis, supply the
CITY with a written record of the above-described fines and forfeitures. Such
report(s) shatL include a description and
estimate of val-ue of properties sej-zed underthe Laws of the state of Florida, $/hether ornot disposition thereof has been adiudicated.Moreover, such report (s) shalI be arnended,
from time to time, by reflecting the ultimate
disposition of property described in anearlier report(s), and such amendatory
report (s) sha1l be submitted to the CITY
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Sect i on
fol1or"rs:
within ten ( 10)adjudication withsuch property.
the ul"timatethe sei-zure ofdays
regard
ofto
14.
SHERI FFstated reserves
i nsurance
the right to provide to above-under a self-insurance pl,an.
15. Articl-e XXI is hereby amended in its entirety as foll-ows:
It is recognized that the CITY OF DANfA has towingagreements with local vendors. From time to tirne,SHERIFF, through his agents or employeesinvestigate traffic cases and/or fatalities whichrequire stringent custodi-al procedures wherecriminal evi-dence is invo.l-ved. The SHERIFF shaf Lhonor the CfTY's agreements with local vendorsconcerning towing within the rnunicipal boundariesof the CITY Of' DANIA; provided however, that thevendors meet all- of the SHERfFF,s specificatj-onswith regards to maintalning criminal evidence andits ability to provide adequate insurance coverageto the satisfaction of the Director of theSHERIFF's Cl-aims Division. SHERIFF reserves theright to tow if vendor fails to comply with saidspecifj.cation. Further the SHERIFF also reservesthe right to continue to use the towing servicesother than those of the locaf vendors \,/ j- th regardsto al-] confiscations/ forfeiture cases occurringwithin the CITY oF DANIA.
13.5 is hereby added to this Agreement as
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ADDENDTJI.{ TO AGREEMENT BY AND BETWEEN THE BROWARD COUNTY SIIERIFF,S
OFFICE AND TITE CITY OF DANIA FOR POLICE SERVICES
IN WITNESS WHEREoF, the parties hereto have caused this instrunent
as of the dates set forth belo$/:
CITY Ol' DANIA
CITY MANAGER
Date:
MAYOR
Date:
AT?EST:Approved as to form and
correctness :
c. d&--=-
CITY CLERK
BROWARD COUNTY SIIERIFF ' S OFFICE
RON COCHRAN
Sher iff
Date :
CITY A RNEY
CHARLES T. WHITELOCK, ESQ.
Approved as to forrn and legal
sufficiency subj ect to execution
by the parties:
By:
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