HomeMy WebLinkAboutR-2012-132 - Executed a First Amendment to an Agreement Existing between the City & The Broward Sheriff's Office relating to Fire Rescue Services RESOLUTION NO. 2012-132
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A FIRST AMENDMENT TO AN AGREEMENT EXISTING
BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD
SHERIFF'S OFFICE RELATING TO FIRE RESCUE SERVICES; 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
Amendment to an Agreement existing between the City and the Broward Sheriff's Office,
relating to Fire Rescue Services.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the First Amendment as are deemed necessary and proper for the best interests of the
City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to such extent of such conflict.
Section 4. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on September 25, 2012.
ATTEST:
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LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
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APPROVED AS TO FO AND CORRECTNESS:
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CITY ATEY
FIRST AMENDMENT TO AN AGREEMENT FOR FIRE RESCUE SERVICES
THIS IS AN AMENDMENT(THE "Amendment")dated , 2012,to an
Agreement for Fire Rescue Services (the "Agreement"), dated January 6, 2011. This
Amendment is entered into between the parties to the Agreement, the CITY OF DANIA
BEACH, FLORIDA, a municipal corporation of the State of Florida, (the "City") having
an address at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and the
BROWARD SHERIFF'S OFFICE (`BSO"), having an address of 2601 West Broward
Boulevard,Fort Lauderdale, Florida 33312.
RECITALS
1. On or about January 6, 2011, the City and BSO entered into and
Agreement for BSO to provide fire rescue services for the City with an effective date of
January 29, 2011 (the"Agreement").
2. The City and BSO recognize that the closed City Fire Pension Plan will
likely require increases in the total amount of annual employer contributions during the
term of this Agreement, and that increases in employer contribution costs will change the
annual cost of the services under the Agreement.
3. The City and BSO have, therefore, agreed to maintain or "freeze" the
annual employer pension contribution made by BSO under the Agreement to the City
Police & Fire and General Pension Plans for the fiscal ending September 30, 2012, and
for all future fiscal years as outlined in this Amendment.
NOW,THEREFORE,in consideration of the mutual covenants and for other
good and valuable consideration, the receipt and adequacy of which are acknowledged
and agreed upon,the City and BSO acknowledge and agree as follows:
1. All of the recitals set forth above are incorporated by this reference as if
fully set forth in this Paragraph one(1).
2. The annual required employer pension contribution made by BSO under
the Agreement for the fiscal year ending September 30, 2012, and for all future fiscal
years, as long as annual employer pension contributions are or may be required, is as
follows:
City Fire Pension $497,927.00
City General Employee Pension 15,427.00
Total annual BSO—Contributions to City Pension Plans $513,354.00
In the event the annual required employer pension contribution is less than $513,354.00
in any fiscal year, BSO's annual required employer pension contribution shall be the
lesser amount.
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The City and BSO understand, acknowledge and agree that the annual required employer
pension contribution to be made by BSO as set forth hereinabove is and shall be included
in BSO's budgeted cost and thus included in the consideration for the fiscal year ending
September 30,2013 and beyond.
3. The amount of the annual required employer pension contribution above
the amount reflected in Paragraph 2, shall be funded, paid by, and be the sole
responsibility of the City,outside of the annual Agreement cost paid by the City to BSO.
4. The City shall pay an additional $120,000.00 toward the amount reflected
in Paragraph two (2) above, for the fiscal year ending September 30, 2012, resulting in a
net BSO required pension contribution of $393,354.00 for the fiscal year ending
September 30,2012.
5. BSO shall provide to City BSO's pay records (in Excel format) for each
BSO pay period that reflects details of pensionable pay earning information for each City
pension plan participant employed by BSO.
6. Except as amended and modified by this Amendment, all of the terms,
covenants, conditions, and agreements of the Agreement shall remain in full force and
effect. In the event of any conflict between the provisions of the Agreement and the
provisions of this Amendment,this Amendment shall control.
IN WITNESS OF THE FOREGOING, this Amendment is effective upon its
complete execution by both parties:
CITY:
CITY OF DANIA BEACH,FLORIDA,a
WITNESSES: Florida Municipal corporation
Signature PATRICIA FLURY
MAYOR
PRINT Name
Signature ROBERT BALDWIN
CITY MANAGER
PRINT Name
Dated ,2012.
ATTEST:
LOUISE STILSON,CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
THOMAS J.ANSBRO
CITY ATTORNEY
B A HE S FFICE
AL LAMBERTI, SHERIFF Q
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY,SUBJECT TO THE
EXECUTION BY THE PARTIES
ITH LEVINE,
GENERAL COUNSEL
Dated: 2012