Request for Appropriation - Law Enforcement Trust Fund (LETF)

Transcription

1 EXHIBIT 1 Broward Sheriff's Office 2601 West Broward Boulevard Fort Lauderdale, Florida June 30, 2010 Mary O'Donnell, Interim Director Broward County Accounting Services Governmental Center 115 South Andrews Avenue Fort Lauderdale, FL Re: Request for Appropriation - Law Enforcement Trust Fund (LETF) Dear Ms. O'Donnell: Your assistance is requested to disburse the remammg balance of $10, from the Law Enforcement Trust Fund for revenue pertaining to the City of Weston. Pursuant to the Article XI, Section 11.3 of the Agreement between The City of Weston, Florida and the Sheriff of Broward County for Police Services, (copy attached), which states, "The Sheriff agrees that any currency seized within the CITY, through active participation of the Weston District's personnel, pursuant to this agreement and Chapter 932 of the Florida Statutes, and subsequently forfeited to the Weston District, shall be deposited into the CITY's Law Enforcement Trust Fund established by the CITY of Weston in an amount equivalent to the currency forfeited less any costs incurred by the SHERIFF to litigate the forfeiture action, including but not limited to, court costs and advertising expenses, multiplied by the Weston District's percentage share, as defined in paragraph 11.7 of such currency. Said funds shall be and always remain in the ownership of the CITY.... This contract interpretation necessitates a disbursement totaling $10, from BSO to the City of Weston Law Enforcement Trust Fund. Therefore, I am respectfully requesting a disbursement as follows: LOCAL $ 10, Interest $ TOTAL: $ 10,

2 Please take the necessary action to place this item on the Commission Agenda. Your assistance and cooperation is greatly appreciated. Sincerely, ~/. William E. MacDonald, Director BSO Bureau of Finance and Budget WEM:dmm WemlO-052 CC: John F. Curry, Executive Director, BSO Colonel Rick Frey, BSO Kayla Olsen, Director of Budget Services, BSO Ray Rahman, Assistant Finance Director, BSO Michael Samberg, Director, Grants Management, BSO 2

3 >.~ BROWr\RD COUNTY SHERIFF'S OFFICE PO BOX 9S07 FORT LAUDERDALE, FLORIDA JJJIO BURf;AU QF FI~A!'IC~ I\NDBUDGE"J: DATE: 06/18110 TO: Chief Greg Page, Weslon Via: Ray Rollman, Assistant Finance Director Ilureau of Finance and Budgct FROM: Susan Brill, Accountant III Bureau of Finance and Budgct SUBJ: LAW ENFORCEMENT TRUST FUND CITY OF WESTON(68480) Date MAY 20 I 0 LETF MONTHL Y TRANSACTIONS Description/Reference Deposit(s) Expense(s) Encumb(s) No Activity I TOTAL: $0.00 $0.00 $000 BEGINNING BALANCE AS OF 10/01/09 Interest Deposit(s) Expense(s) $ $ $0.00 ENDING BALANCE AS OF 0513 Iii 0 Encumbrance(s) $10, $0.00 AVAILABLE BALANCE AS OF 05/31/1 0 $10, RRfsb Rick Frey, Colonel DLE

4 AGREEMENT AMONG THE SHERifF OF BROWARD COUNTY, florida THE CITY OF WESTON, florida INDIAN TRACE DEVELOPMENT DISTRICT AND BONAVENTURE DEVELOPMENT DISTRICT FOR POLICE SERVICES This Agreement made and entered into this loth day of Deceni:::ler, 2007, among the SHERIFF OF BROWARD COUNTY, FLORIDA (hereinafter referred to as the "SHERIFF"), the CITY OF WESTON, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "WESTON"), INDIAN TRACE DEVELOPMENT DISTRICT (hereinafter referred to as UITDD") and BONAVENTURE DEVElOPMENT DISTRICT (hereinafter referred to as "BOD") (collectively referred to as the "CITYIf), WHEREAS, the SHERIFF and the CITY desire to enter into this Agreement to provide for police services by the SHERIFF within the municipal boundaries of the CITY and to set forth how such police services will be provided; and WHEREAS, the CITY is desirous of maintaining a high level of competent professional police services in conjunction and harmony with its fiscal policies of sound, economical management; and WHEREAS, the SHERIFF and the CITY have determined that it is mutually beneficial and in the best interests of the public to enter into this Agreement (the"agreement"); and WHEREAS, the CITY is desirous of maintaining its Charter police power. NOW THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, the SHERIFF and the CITY do hereby agree as follows: vb RESOlUTION EXHIBIT' A' PAGt 1 OF 20

5 walls, foundations, sidewalks, ceilings, doors, windows, sprinkler and hot water systems, heating systems, air conditioning systems, plumbing, wiring, electrical fixtures and all other structural components. CITY further agrees to maintain in good repair the parking area and all common areas. CITY shall also make any repairs necessitated by water seepage or by other causes not under the SHERIFF's control. CITY shall also make all repairs or changes which may be necessary to make the premises and the use herein contemplated comply with applicable laws, ordinances, orders or regulations of any federal, state, county or municipal authority now or hereafter in effect unless specifically exempted therefrom. 9.4 The SHERIFF shall pay for all utility costs including, but not limited to, telephone, electric, and water for the District Headquarters. 9.5 CITY agrees to provide the SHERIFF with access to the CITY's utilities records, tax roll records, and any other records maintained by the CITY where access would enable the SHERIFF to investigate possible criminal activity and/or provide the expected level of law enforcement service to the residents of the CITY. ARTICLE 10 TOWING It is recognized that the CITY may enter into a towing agreement with a local vendor. From time to time, SHERIFF, through its agents or employees, investigates traffic cases and/or fatalities which require stringent custodial procedures where criminal evidence is involved. If the CITY enters into a towing agreement with a local vendor, SHERIFF will honor the CITY's agreement for tows occurring within the municipal boundaries of the CITY; provided however, that the vendor meets all of SHERIFF's specifications with regards to maintaining criminal evidence in the above described cases; SHERIFF vehicles assigned to the CITY or in need of towing within the CITY are towed by the vendor at no cost to SHERIFF; vendor provides towing and storage services for property with evidentiary/investigative holds at no cost to SHERIFF and the owner; and the vendor lists SHERIFF as an additional insured on insurance policies meeting the specifications of SHERIFF's Risk Administrator. SHERIFF reserves the right to use another vendor to tow if the CITY's vendor fails to comply with the SHERIFF specifications, refuses to tow SHERIFF vehicles as described above at no cost, or fails to list SHERIFF as an additional insured. Further, SHERIFF also reserves the right to continue to use towing services other than those of the CITY's vendor with regards to all confiscations/forfeiture cases occurring within the CITY. ARTICLE 11 FINES, FORfEITURES; PAYMENT 11.1 All law enforcement education funds levied and collected by the Clerk of the Court and earmarked for CITY pursuant to Section , Florida Statutes, may be assigned over to the Weston District and used by the Weston District for the law enforcement education purposes authorized in said statute. Apart from such funds, the Weston District shall have no claim or right to any other monies or things of value which CITY receives or may hereinafter receive by way of entitlement programs, grants or otherwise in connection with police or law enforcement activities. 1t36373 v8 - RESOLuTION EXHIBIT'A' PACE loono

6 11.2 CITY and the SHERIFF do hereby acknowledge, one to the other, that nothing contained herein shall in anyway be construed to impair the CITY's right to the disposition of fines and forfeitures to which the CITY would be entitled, pursuant to Section F.5., as the same may be amended from time to time, or as to proceeds and forfeitures arising under the sale or disposition of unclaimed property or under any statutory or common law proceeding to which the CITY would otherwise be entitled, except as limited herein The SHERIFF agrees that any currency seized within the CITY, through active participation of the Weston District's personnel, pursuant to this agreement and Chapter 932 of the Florida Statutes, and subsequently forfeited to The Weston District, shall be deposited into the City's Law Enforcement Trust Fund established by the City of Weston in an amount equivalent to the currency forfeited less any costs incurred by the SHERIFF to litigate the forfeiture action, including but not limited to, court costs and advertising expenses, multiplied by the Weston District's percentage share, as defined in paragraph 11.7 of such currency. Said funds shall be and shall always remain in the ownership of the CITY and the Weston District shall not have any right to ownership and control of such funds. During the term of this Agreement, such currency may be earmarked for the Weston District's use within the confines of the City, upon approval of the CITY Upon concurrence of the District Chief and the City Manager, the Weston District may apply to the CITY for the use of such funds, within the boundaries of the CITY, if such application is in compliance with Florida Statutes. Said request shall first be submitted to the SHERIFF's legal advisor for a determination of the legality of the request. The SHERIFF's legal advisor shall render such opinion within 15 days of written request of the CITY. The Weston District agrees to submit such application to the City Commission for appropriation accompanied by a written certification that the request complies with the provisions of (4) Florida Statutes. Upon appropriation, such funds shall be made available to Weston District for its designated use within the confines of the CITY The parties agree that the decision to dispose of or use personal property seized within the CITY through active participation of Weston District personnel shall be in the sole discretion of CITY. The Weston District may apply to CITY to use such personal property outside of the CITY, and, if approved by the CITY, the Weston District shall allocate funds to the City's law Enforcement Trust Fund equivalent to the Weston District's share, as defined in paragraph 11.7, of the mutually agreed upon fair market value of such personal property less any lien on such property. In the event the Weston District decides to use such personal property within the CITY, such property will be used within the CITY until the earlier of disposition of such property or termination of this Agreement. In the event the property is disposed of prior to termination of this Agreement, the Weston District shall allocate the net proceeds from said disposition to the CITY's Law Enforcement Trust Fund. In the event that this Agreement is terminated prior to the disposition of the property, said property shall be turned over to the CITY. During the term of this Agreement, such funds shall be earmarked for the Weston District's use within the confines of the CITY The parties agree that the decision to use or dispose of real property seized within the CITY, through active participation of Weston personnel, and subsequently forfeited to the Weston District, shah be in the absolute and sole discretion of the CITY. The Weston District may request the CITY's approval to dispose of such real property, the Weston District shall allocate funds to the CITY's Law Enforcement Trust Fund equiva!entto the Weston District's share, as defined in paragraph 11.7, of the mutually agreed upon fair market value of such #36373 vb - RESOlUTION EXHIBIT ".A." PACE 11 OF 20

7 real property less any loans, mortgages, liens, or any other encumbrance on such property. During the term of this Agreement, such allocated funds shall be earmarked (or the Weston District's use within the confines of the CITY. In the event the Weston District decides to use such real property and the property is subsequently disposed of prior to termination of this Agreement, the Weston District shall allocate the net proceeds from said disposition to the CITY's Law Enforcement Trust Fund. During the term of this Agreement, such funds shall be earmarked for the Weston District's use within the co.nfines of the CITY The Weston District's share will be based upon the ratio that the Weston District's personnel's participation bears to the participation of all law enforcement agencies' and units' participating in the seizure of the property. 11,8 The SHERIFF shall, on a quarterly basis, supply the CITY with a written report of the abovedescribed fines and forfeitures. Such report(s) shall include a description and estimate of value of properties seized under the laws of the State of Florida, whether or not disposition thereof has been adjudicated. Moreover, such report(s) shall be amended, from time to time, by reflecting the ultimate disposition of property described in an earlier report(s), and such amendatory report(s) shall be submitted to the CITY within ten (10) days of the ultimate adjudication with regard to the seizure of such property. ARTICLE 12 SPECIAL EQUIPMENT; PROVISO Each patrol unit shall prominently display on the vehicle's exterior the legend ~City of Weston" in accordance with the vehicle markings design. ARTICLE 13 SPECIAL DETAILS 13.1 Any and all special details performed for the CITY shall be paid based upon the terms and conditions of the CITY's permit filed with the SHERIFF's Special Details Unit The Weston District personnel will be assigned to CITY Special Event details held within the City of Weston unless interested personnel from the Weston District cannot be identified. The SHERIFF agrees that personnel assigned to the Weston District will be offered the opportunity to work special details so designated by the City Manager. The City Manager will notify the SHERIFF's Special Detail Office in writing at least five (5) days prior to an event in which Weston District personnel are requested. All such personnel shall be assigned by the SHERIFF's Special Detail Office in accordance with the SHERIFF's policies and procedures and subject to approval of the City Manager. ARTICLE 14 COMPENSATION AND PAYMENT 14.1 The Consideration shall be payable as follows: #36373 v8 RESOLUTION EXHIBIT "A' P"GE 12 Of 20

8 \ :. AGREEMENT AMONG THE SHERiff OF BROWARD COUNTY, FLORIDA, THE CITY OF WESTON, FLORIDA, INDIAN TRACE DEVELOPMENT DISTRICT AND BONAVENTURE DEVELOPMENT DISTRICT FOR POLICE SERVICES. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: the SHERIFF, through AI Lamberti, Sheriff of Broward County, and the CITY OF WESTON, signing by and through its Mayor, duly authorized to execute same. ATTEST: CITY OF WESTON INDIAN TRACE DEVELOPMENT DISTRICT BONAVENTURE DEVELOPMENT DISTRICT Q~_O-~XA Patricia A. Bates, CMC, City Clerk Joh. Flint, City Ma,h.ag!;r C)\ST ayoft-j~2007 C;ft""dayof r.j~,2007 RIDA Approved as to form: By: ~~~~~~~~-.:::=~ AI t:mberti, Sherjff 10" dayof'j>~bqojl...,2007 c..',i #36373 v8 - RESOlUTIOr-; EXHIBIT'A'