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Home My WebLink AboutR-2008-050 Addendum to Law Enforcement Agreement RESOLUTION NO. 2008-050 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST ADDENDUM TO THE LAW ENFORCEMENT SERVICE AGREEMENT EXISTING BETWEEN THE CITY AND THE SHERIFF OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a First Addendum to the Law Enforcement Service Agreement existing between the City and the Sheriff of Broward County, attached as Exhibit "A". Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the Addendum which are deemed necessary and in the best interest of the City of Dania Beach. Section 3. That all resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 25, 2008. ALBERT C. JON MAYOR—COMIC SIONER ATTEST: l LOUISE STILSON, CMC CITY CLERK APPROVED AS TO Fj A D CORRECTNESS: BY: THO AS J. N O CITY ATTORNEY EXHIBIT "A" FIRST ADDENDUM TO LAW ENFORCEMENT SERVICE AGREEMENT BY AND BETWEEN THE CITY OF DANIA BEACH AND THE SHERIFF OF BROWARD COUNTY This First Addendum is made and entered into this day of 2008 by and betweenthe City of Dania Beach,a municipal corporation organized and existing under the laws of the State of Florida,which municipality is fully located within the boundaries of Broward County, Florida(hereinafter referred to as"CITY")and the Sheriff of Broward County,Florida,(hereinafter referred to as"SHERIFF"). WITNESSETH: WHEREAS,on or about August 6,2004,the CITY contracted with the Sheriff of Broward County to provide law enforcement services to the CITY; and WHEREAS,the CITY has now requested that one(1)Deputy Sheriff Passive Drug Dog Handler and Canine and one(1)Crime Analyst be removed from the staffing structure; and WHEREAS,the parties are desirous of correcting inconsistencies within the Agreement regarding the term of the Agreement to e3ablish September 30, 2009, as the expiration date of the initial term. NOW THEREFORE, in consideration of the sums hereinafter set forth and for other good and valuable consideration,the receipt and legal sufficiency of which are hereby acknowledged, it is agreed as follows: 1. The above recitals are true and correct and incorporated herein. 2. Effective October 1, 2007, the staffing structure,as designated in paragraph 1.2 of the Agreement, shall be reduced by one (1) Deputy Sheriff Passive Drug Dog Handler and Canine and one(1) Crime Analyst resulting in the following staffing structure: 1 District Chief 2 Lieutenants 8 Sergeants 56 Deputy Sheriffs 1 Deputy Sheriff Motors 1 Detention Deputy Sheriff 6 Community Service Aides 1 Clerical Personrel 1 Secretary 77 2 RESOLUTION #2008-050 3. Paragraph 4.4 is hereby deleted from the Agreement. 4. Paragraph 8.1 and 8.2 shall be amended in their entirety to read as follows: 8.1 In consideration of the services described herein, CITY agrees to pay SHERIFF the SHERIFF's budgeted cost for each year,however the consideration payable by the CITY to the SHERIFF will not exceed the following amounts,except as set forth in this Agreement: Fiscal Year Annual Past Monthly Payment 2003/2004 $6,737,470.00 $561,456.00 2004/2005 $7,137,972.00 $594,831.00 2005/2006 $7,499,564.00 $624,964.00 2006/2007 $8,501,337.00 $708,445.00 2007/2008 $8,771,216.00 $730,935.00 2008/2009 $9,215,582.00 $767,965.00 Each monthly installment shall be due and payable before the first of each month. 8.2 The parties acknowledge that the consideration provided in this Article with respect to fiscal years 2003/2004,2004/2005,2005/2006,2006/2007,2007/2008 and 2008/2009 includes a 3.5 percent vacancy rate. The CITY shall be 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 [regular salaries, special pay,FICA taxes(regular and special pay only),retirement contribution/regular, retirement contribution/special risk, and life and health insurance] savings to SHERIFF. 5. Article XVII, Term, is modified in its entirety as follows in order to correct inconsistencies between the term as shown in Section XVII and the term set forth in Article VIII, Consideration: This Service Agreement shall remain in full force and effect commencing October 1, 2003, nunc pro tunc, and ending September 30, 2009, all dates inclusive,unless this Service Agreement be otherwise extended or terminated in 3 RESOLUTION#2008-050 accordance with the terms hereof. 6. Except as herein amended,all other provision of the Agreement shall remain in full force and effect. (Intentionally Y Left Blank) 4 RESOLUTION #2008-050 FIRST ADDENDUM TO THE LAW ENFORCEMENT SERVICE AGREEMENT BY AND BETWEEN THE CITY OF DANIA BEACH ANDTHE SHERIFF OF BROWARD COUNTY. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the dates indicated below. THE SHERIFF OF BROWARD COUNTY Date AL LAMBERTI Sheriff Approved as to form and legal sufficiency subject to execution by the parties: By: Date KIMBERLY KISSLAN Interim General Counsel CITY OF DANIA BEACH Date IV4N PAX CITY NJANA ER Date ALBERT C. JONES MAYOR ATTEST:JTLIt-.44 .�1 Date `� ` '-2 'D LOUISE STILSON, CMC CITY CLERK Approved as to form and legal sufficiency subject to execut n by the parties: / Date THOMA J. ANSAFd CITY ATTORNEY h.\contractDania-First Addendum 3-11-08 941-130 4 City of Dania Beach