Fort Walton Beach Council agenda — 11-13-2007 regular agenda — reading text

Maintenance Services IBM will restore the Machine to good working order or exchange it, based on the type of service selected for the Machine. IBM may inspect a Machine within one month following the date Maintenance Services begin. If the Machine is not in an acceptable condition for service, you may have IBM restore it for a charge. Alternatively, you may withdraw your request for Maintenance Services. However, you will be charged for any Maintenance Services which we have performed at your request. Maintenance Services do not cover accessories, supply items, and certain parts, such as batteries, frames, and covers. In addition, Maintenance Services do not cover service of a Machine damaged by modification, misuse, accident, and unsuitable physical or operating environment, improper maintenance by you, removal or alteration of Machine or parts identification labels, or failure caused by a product for which we are not responsible. Unless otherwise agreed, Maintenance Services do not cover service of Machine alterations. c Warranty We warrant that IBM performs Maintenance Services in a workmanlike manner. THIS WARRANTY REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant uninterrupted or error- free operation of any Maintenance Service. Limitation of Liability In the unlikely event, because of a default on our part or other liability, you are entitled to recover damages from us, in each instance, regardless of the basis on which you are entitled to claim damages from us, we are liable only for an amount no greater than the sum of all payments you have made. Under no circumstances are we responsible to you or third parties for 1) loss of, or damage to, your records or data; or 2) special, incidental, or indirect damages or for any economic consequential damages ( including lost profits or savings), even if we are informed of their possibility. Disputes The laws of the State of Georgia govern this Agreement. Any controversy or claim rising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration in accordance with the rules of the American Arbitration Association at a hearing in Atlanta, Georgia. A judgment of a court having jurisdiction may be entered upon the arbitrator' s award. The prevailing party, in addition to all other sums to which it may be entitled, may call upon the other party to pay their reasonable expenses ( including attorney fees) relevant to the claim. c Revised 12/ 12/00 c CITY COUNCIL MEETING November 13, 2007 Consent Agenda Consideration of a request for approval of renewal of a Law Enforcement Memorandum of Understanding MOU) by the City of FWB PD and the USMS Marshal1s Service) c Police Chief) Council Action 1st 2nd Vote: Agenda Item Number: 5  ClfJ!Y OP POlR!JWjfL' lO: J{ jfCH qjP, POLICE DEPARTMENT c STAFF REPORT MEMORANDUM To: Joyce Shanahan, City Manager From: Ted Litschauer, Police Chief Date: October 31, 2007 Subject: Memorandum of Understanding Backaround: The Fort Walton Beach Police Department, as well as all other regional City, County, and applicable State Law Enforcement Agencies individually enter into an annual Memorandum Of Understanding ( MOU) with the United States Marshals Service USMS) for the Northern District of Florida. The U. S. Marshals Service provides the MOU for signature by the Chief Law Enforcement Officer of the jurisdiction, which is in ' our case the Chief of Police. Please find the attached copy of the MOU document, along with the cover letter sent to the Fort Walton Beach Police Chief. c The Memorandum of Understanding ( MOU) is an annual document which is to st be renewed on or about October 1 of each year. The MOU provides that USMS will compensate Fort Walton Beach Police Department for actual overtime expenses, not to exceed $ 15, 572. 00 per officer, per year. Such reimbursement is contingent upon proper invoicing procedures. The MOU provides agreement between FWBPD and USMS for participation in the Marshals District Task Force ( DTF) and agreement that direction and coordination for the DTF will be the responsibility of the USMS Task Force Chief. The MOU also provides that the FWBPD will have a representative on the Task Force Advisory Committee. It also permits for vehicles, equipment, credentials or other items to be issued to FWBPD personnel, who are assigned to the Task Force, and requires the return of same upon termination of the Task Force or departure of the personnel. The specific equipment is not identified or enumerated and, therefore, no specific value is known. The MOU provides that FWBPD members, assigned to the DTF, will be governed by and shall comply with FWBPD policies concerning the use of c' firearms and deadly force.