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Home My WebLink AboutR-2019-046 City Authorizing to Execute a Fifth Amendment to the Agreement Existing Between the City of Dania Beach and the Broward Sheriff's Office, Relating to a Renewal of the Agreement RESOLUTION NO. 2019-046 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD SHERIFF'S OFFICE, RELATING TO A RENEWAL OF THE AGREEMENT AND A CHANGE TO THE FIRE RESCUE STAFFING STRUCTURE TO ADD A DISTRICT FIRE CHIEF; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City entered into an Agreement with the Broward Sheriff's Office for Fire Rescue Services on January 6, 2011; and WHEREAS,the original contract provides for two (2) five (5)year renewals; WHEREAS, the contract expired on September 30, 2015, and the parties have been operating under a month-to-month agreement; and WHEREAS, the City and the Broward Sheriff's Office desire to execute the first five year renewal option, retroactively extending the actual terms of the contract through September 30, 2020; and WHEREAS, the City and the Broward Sheriffs Office determined it is in the best interest for public safety to add a District Fire Chief to the current Fire Rescue staffing structure at an estimated annual cost for Fiscal Year 2019-2020 of Two Hundred Twenty Five Thousand Three Hundred Fifty Seven Dollars ($225,357.00); and WHEREAS, the prorated estimate cost for the remainder of Fiscal Year 2018-2019 is Seventy Five Thousand One Hundred Nineteen Dollars ($75,119.00) and will require funding and budget appropriations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The above "Whereas" clauses are affirmed, approved and incorporated in this Resolution by this reference. Section 2. That the proper City officials are authorized to execute a Fifth Amendment to the Agreement dated January 6, 2011, existing between the City of Dania Beach, Florida and the Broward Sheriff's Office, relating to the addition of a District Fire Chief and a contract extension valid through September 30, 2020. A copy of the Fifth Amendment is attached as Exhibit"A" and made a part of and incorporated into this Resolution by this reference. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the Fifth Amendment to the Agreement and the Exhibit which are deemed necessary, proper and in the best interests of the City. Section 4. That funding will be appropriated in the Fiscal Year 2018-2019 budget from the Dania Jai Alai Designated Reserve Account No. 001-271-10-00 to the General Fund Fire Rescue Contractual Services Account No. 001-22-01-522-34-10 in the amount of Seventy Five Thousand One Hundred Nineteen Dollars ($75,119.00). Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 28, 2019. ATTEST: 4 � THOMAS SCHNEIDER, CMC R` pd` L RI LEWELLEN CITY CLERK �ge[ISHE� MAYOR APPROVED AS FORM AND CORRECTNESS: TH M S f. S O CITY ATTORNEY 2 RESOLUTION#2019-046 a FIFTH AMENDMENT TO AGREEMENT FOR FIRE RESCUE SERVICES This Fifth Amendment is entered into this day of , 2019 by and between the Broward Sheriffs Office (hereinafter referred to as "SHERIFF") and the City of Dania Beach, FL (hereinafter referred to as the "CITY"). WHEREAS, on or about January 26, 2011, SHERIFF and the CITY entered into an Agreement for Fire Rescue Services; and WHEREAS, on or about September 25, 2012, SHERIFF and the CITY entered into a First Amendment to address pension concerns; and WHEREAS, on or about May 5, 2014, SHERIFF and the CITY entered into a Second Amendment to make staffing adjustment modifications to Exhibit A; and WHEREAS, on or about March 25, 2014, SHERIFF and the CITY entered into a Third Amendment increasing staffing levels pursuant to the SAFER Grant; and WHEREAS, on or about September 23, 2015, SHERIFF and the CITY agreed to a month-to- month Letter Agreement; and WHEREAS, on or about May 25, 2016, SHERIFF and the CITY entered into a Fourth Amendment increasing staffing levels through the end of the fiscal year related to five (5) SAFER Grant positions; and WHEREAS, on or about November 21, 2016, SHERIFF and the City entered into a memorandum of understanding agreeing to maintain services on a month-to-month basis for Fiscal Year 2017; and WHEREAS, on or about November 8, 2018, SHERIFF and the City agreed to a month-to-month Letter Agreement for Fiscal Year 2019; and WHEREAS, the Agreement for Fire Rescue Services, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and September 23, 2015 Letter of Agreement,November 3 RESOLUTION#2019-046 21, 2016 Memorandum of Understanding, and the 2018 Letter of Agreement are hereinafter collectively referred to as the "Agreement"; and WHEREAS, the CITY is desirous of extending the term of the Agreement through September 30, 2020. NOW, THEREFORE, in consideration of the mutual terms and conditions contained herein, the parties agree as follows: 1. The foregoing recitations are true and correct and are incorporated by reference. 2. The term of the Agreement is extended through September 30, 2020. 3. Upon execution of this Amendment,the staffing levels will add One District Fire Chief as reflected in Exhibit "A" to the Fifth Amendment, attached hereto and incorporated by reference. 4. Except as modified herein, all remaining items and conditions of the Agreement, shall remain in full force and effect. [THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] 4 RESOLUTION 4 2019-046 IN WITNESS WHEREOF, each of the parties hereto executes this Fifth Amendment through its duly authorized representatives as set forth below. BROWARD SHERIFF'S OFFICE Date: GREGORY TONY, Sheriff Approved as to form and legal sufficiency subject to the execution by the parties: By: TERRENCE O. LYNCH, General Counsel CITY OF DANIA BEACH ATTEST: By: By: THOMAS SCHNEIDER, CMC LORI LEWELLEN, Mayor City Clerk day of 12019. APPROVED AS TO FORM: By: ANA M. GARCIA, ICMA-CM THOMAS J. ANSBRO, City Attorney City Manager H:Lee/Contract/City Contracts/Dania Fire/Dania 51h amendment 5-22-19 5 RESOLUTION#2019-046 FIFTH AMENDMENT EXHIBIT A SPECIAL TERMS AND CONDITIONS The following Special Terms and Conditions have been agreed upon by and between the CITY and BSO: CITY: City of Dania Beach EFFECTIVE DATE OF FIFTH May 28, 2019 or date of hire of District Chief AMENDMENT VEHICLE STAFFING AND Fire Prevention Bureau: The Fire Prevention Bureau STRUCTURE: will be located at 102 West Dania Beach Boulevard. The following staff will work on a forty (40) hour per week full-time basis. 1. One (1) Captain, Lieutenant or Fire Prevention Officer certified by the State of Florida as a fire fighter and Fire Safety Inspector. Individual must also be certified by the Broward County Board of Rules and Appeals as a Fire Plans Examiner. 2. One (1) Fire Safety Inspector certified by the State of Florida as a fire fighter and Fire Safety Inspector. Individual must also be certified by the Broward County Board of Rules and Appeals as a Fire Plans Examiner . 3. Four (4) Fire Safety Inspectors certified by the State of Florida as a fire fighter and Fire Safety Inspector. 4. One (1) Administrative Assistant. Fire Station 1 Located at 116 West Dania Beach Blvd One (1) ALS Rescue Truck (Ambulance) — staffed with one 1 Officer and two 2 Firefighter/Paramedics RESOLUTION#2019-046 One (1) AILS Engine / Aerial — Staffed with one (1) Officer, one (1) Driver Engineer and one (1) Firefighter/Paramedic. (Either the Driver Engineer or the Officer must be cross trained as a firefighter/paramedic with the resulting staffing being at least two cross trained personnel on the suppression apparatus.) Fire Station 17 located at 2308A SW 42"d Street One (1) ALS Rescue Truck — staffed with one (1) Officer and two (2) Firefighter/Paramedic One (1) AILS Engine / Aerial — Staffed with one (1) Officer, one (1) Driver Engineer and one (1) Firefighter/Paramedic. (Either the Driver Engineer or the Officer must be cross trained as a firefighter/paramedic with the resulting staffing being at least two cross trained personnel on the suppression apparatus.) The staffing complement will include a District Chief Office of the City Manager City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Copy to: City Attorney City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CONSIDERATION $12,153,133 FY 18/19 Consideration for all General and City Specific Services 7 RESOLUTION#2019-046