Fort Walton Beach Council agenda — 02-28-12 regular — reading text

attorney's fees which the CITY might suffer in connection with or as a result of the'intentional or negl,,bent vetsand the alleged intentional or alleged negligent acts of the SHERIFF`; SbenfFs Depuilesmand ShXe"tifrs employees. The CITY agrees to hold the SHERIFF harmlesp from any JnI manner of actions, causes of actions, judgments, executions, c msd de ofi any kind whatsoever, in law or in equity, which may result from or arise out of t lity of ordinances enacted by the CITY and enforced by the SHE or from acts or n= lions attributable to the CITY that occurred prior to the execution of this agreement, and the CITY agrees to indemnify the SHERIFF for any and all damages, judgments, claims, costs, expenses, including reasonable attorney' s fees, which the SHERIFF might suffer in connection or as a result of the constitutionality of ordinances enacted by the CITY and enforced by the SHERIFF or from acts or omissions attributable to the CITY that occurred prior to the execution of this agreement The SHERIFF does not assume any existing or contingent liabilities regarding liability of the CITY unless specifically listed in this agreement. The CITY does not assume any existing or contingent liabilities regarding liability of the SHERIFF unless specifically listed in this agreement. Page 6 of 7  F1*4 CORNKUit The parties acknowledge one to the other, that the terms hereof constitute the entire understanding and agreement of the parties with respect hereto. No modification hereof shall be effective unless in writing, executed with the same formalities as this agreement is executed. IN WITNESS WHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf, at the times set forth below. CITY OF FORT WALTON BEACH, FLORIDA By: Mike Anderson, Mayor ATTEST: By: , City Manager Helen Sgencer, City Clerk Approved as to legal form: Hayward Dykes, Jr., City Attorney SHERIFF Date: Larry Page 7 of 7 CSM - 2711 CITYO(F EOM rWALTONBEACYf POLICE DEPARTMENT STAFF REPORT MEMORANDUM 12 AM To: 1a 9yo '% Robert T. Meams, City From: Date: Ted Litschauer, Police Chief Manager RECDivED \ DEC 16 2011 i December 15, 2011 id. e, GIIY diANA3ER Subject: Response Data for Sheriff s Inquiry LL BACKGROUND:BACKGROUND: 1.1. 1.1. OnOn MayMay 17,17, 20112011 thethe CityCity CouncilCouncil votedvoted toto requestrequest aa proposalproposal fromfrom thethe OkaloosaOkaloosa CountyCounty SheriffsSheriffs OfficeOffice regardingregarding lawlaw enforcement enforcement servicesservices inin thethe citycity ofof FortFort WaltonWalton Beach.Beach. 1. 2.2. TheThe OkaloosaOkaloosa CountyCounty SheriffSheriff sentsent aa letter,letter, dateddated MayMay 23,23, 2011,2011, toto thethe FortFort WaltonWalton BeachBeach CityCity ManagerManager stating:stating: " " inin orderorder toto prepareprepare aa detaileddetailed contractcontract proposal,proposal, mymy staffstaff willwill requirerequire variousvarious itemsitems ofof informationinformation ...." ...." 1. 11 Subsequently,Subsequently, thethe CityCity CouncilCouncil instructedinstructed thethe CityCity ManagerManager toto delaydelay respondingresponding toto thethe SheriffsSheriffs inquiry,inquiry, whilewhile discussions di/ scussions / negotiationsnegotiations withwith otherother citiescities andand thethe OkaloosaOkaloosa RegionalRegional AirportAirport tooktook placeplace regardingregarding thethe possibilitypossibility ofof thethe CityCity ofof FortFort WaltonWalton BeachBeach providingproviding policepolice servicesservices toto them.them. 1. 4.4. TheThe CityCity ofof Destin,Destin, thethe CityCity ofof CincoCinco Bayou,Bayou, andand thethe airportairport eacheach requestedrequested aa proposalproposal fromfrom thethe FortFort WaltonWalton BeachBeach PolicePolice DepartmentDepartment forfor lawlaw enforcementenforcement services.services. Additionally,Additionally, aa representativerepresentative ofof thethe CityCity ofof MaryMary EstherEsther hadhad informalinformal discussions discussions withwith thethe FortFort WaltonWalton BeachBeach CityCity Manager.Manager. 1.1. 4.4. 1. SomeSome interference,interference, generallygenerally challengingchallenging thethe legalitylegality ofof providingproviding suchsuch services,services, waswas raisedraised regarding regarding eacheach ofof thesethese entities.entities. 1. 4.4. 2.2. InIn eacheach casecase( ( withwith thethe exceptionexception ofof thethe CityCity ofof Destin),Destin), delaysdelays occurredoccurred whilewhile thethe clarificationsclarifications werewere made.made. TheThe timetime delaydelay regardingregarding thethe airportairport waswas severalseveral months.months. 1. 4. 3. Because of the time constraints faced by the airport for acquiring law enforcement services, the director was forced to establish establish an an airport airport police police department.department. 1. 4. 3. 1. The process for " standing up" the airport police department is currently on- going.  1. 4. 3. 2. The Fort Walton Beach Police Department is integrally involved in assisting the airport in establishing its police department, with the intent to provide relief and support services to them. 1. 5. The Fort Walton Beach City Manager directed the police and finance departments to proceed with providing responses to the Sheriffs inquiry letter of May 23rd, and directed that these responses be prepared by December 2154. Additionally, the City Manager granted a caveat to exclude the requested evidentiary audit and current inventory of physical evidence from the aforecited response. 2. DISCUSSION: 11. All financial information, including compensation packages, financial condition, and information regarding retirement and health insurance programs was compiled by Charlotte Dunworth, the City' s Budget and Grants Manager. Additionally, she provided data for some of the other requests, as well. Her efforts were invaluable in completing this task. 2. 2. The Fort Walton Beach Police Chief used the data provided by the Budget and Grants Manager, as well as information developed within the police department from its various record repositories, to produce a document containing the requested responses. 23. A document, containing the requested responses, is attached hereto and entitled: Cumulative Responses to Inquiries in Sheriff s Letter of May 23, 2011. 3. FINANCIAL INFORMATION: 3. 1. No further financial impact, beyond that used in researching and preparing the attached response, is anticipated. 4. RECOMMENDATION: 4. 1. It is recommended that the City Manger review the attached document containing the proposed cumulative responses and exercise one of the below listed alternatives. The alternatives include: 4. 1. 1. If no revisions are required, send this document' s attachment, along with an appropriate cover letter, to the Sheriff. 4. 1. 2. Make any desired changes, or direct changes to be made, to the attachment and send the revised copy along with a cover letter to the Sheriff. 5. ATTACHMENTS: 5. 1. One 12 page document: Cumulative Responses to Inquiries in Sheriff s Letter of May 23, 2011 6. CLOSING: 6. 1. This Staff Report Memorandum is respectfully submitted for your consideration.  Cumulative Responses to Inquiries in Sheriffs Letter of May 23, 2011 In response to the inquiry start meat for " The City population and your annual calls for service numbers for the past 3 years:" Calls for Service 2011 34, 550 Population 2011 19, 534 Calls for Service 2010 36, 145 Population 2010 20, 355 Calls for Service 2009 39, 271 Population 2009 20, 675 In response to the inquiry statement for " Your current patrol and investigative manning numbers and schedules:" Patrol Division Personnel Patrol Division - Commander I Patrol Division - Shift Supervisors 6 Patrol Division - Shift Officers 24 Staffing Patrol Division - has minimum of 4 officers and one sergeant on each shift, 3 shifts per day Patrol Division - Shifts overlap the busiest hours each