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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-121Temp. Reso # 10745 June 9, 2005 Page 1 Revision #1 -- June 16, 2005 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- 10, 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE SHERIFF OF BROWARD COUNTY FOR POLICE SERVICES TO BE EFFECTIVE NUNC PRO TUNC OCTOBER 1, 2004; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac currently contracts for police services with the Broward Sheriff's Office; and WHEREAS, the City of Tamarac is desirous of maintaining a high level of competent professional police service in conjunction and harmony with its fiscal policies of sound, economical management; and WHEREAS, the City of Tamarac, through Resolution No. R-99-309, on November 10, 1999, renewed the existing Agreement between the City of Tamarac and the Sheriff of Broward County for Police Services for a 5 year team commencing October 1, 1999; and WHEREAS, the City of Tamarac in accordance with Section 21.3 of the aforementioned agreement, through Resolution No. R-2004-71, on April 14, 2004, provided written notice to the Sheriff of Broward County of its intention to renew the existing Agreement; and Temp. Reso # 10745 June 9, 2005 Page 2 Revision #1 — June 16, 2005 WHEREAS, the City and the Broward County Sheriff's Office commenced negotiations following said notice; and WHEREAS, Section 23.1 of the agreement provided for an automatic extension of the agreement for a 24 month period; and WHEREAS, the City and the Broward Sheriff's Office negotiated the terms and conditions as outlined in the Agreement hereto attached as Exhibit 1; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the Agreement between the City of Tamarac and Sheriff of Broward County for Police Services for a 5 year period to be effective nunc pro tunc October 1, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to execute the Agreement between the City of Tamarac and Sheriff of Broward County for Police Services for a 5 year period to be effective nunc pro tunc October 1, 2004 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso # 10745 June 9, 2005 Page 3 Revision #1 — June 16, 2005 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED thi0d, day of J vie , 2005. OE SCHREIBER _,Mayor ATTEST: RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER A\IP CITY CLERK DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO Ate- DIST 3: COMM. SULTANOF A t P DIST 4: COMM. ROBERTS qr-1 ^� I HEREBY CERTIFY that I have approved this RESOLUTION as to form. A_LA SAMUEL S. GO I INTERIM CITY ATTORNEY AGREEMENT FOR POLICE SERVICES THIS AGREEMENT made and entered into in Broward County, Florida, this q2 day of June, , 2005 by and between the City of Tamarac, a municipal corporation organized and existing under the laws of the State of Florida, which is a municipality located within the boundaries of Broward County, Florida (hereinafter referred to as CITY) and the Sheriff of Broward County, Florida (hereinafter referred to as BSO) to be effective nunc pro tune October 1, 2004. WITNESSETH: WHEREAS, the CITY has heretofore maintained a high level professional police protection for the benefit of the citizenry thereof, and WHEREAS, the CITY is desirous of maintaining the high level of competent professional police service in conjunction and harmony with its fiscal policies of sound, economical management, and WHEREAS, the CITY is desirous of maintaining its Charter police power but at the same time wishes to provide for daily police services through contractual agreement, and WHEREAS, BSO has agreed to render to the CITY a high level of professional police service, and the CITY is desirous of contracting for such services upon the terms and conditions hereinafter set forth. Police Service Agreement THEREFORE, in consideration of the sums hereinafter set forth and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, it is hereby agreed as follows: ARTICLE I POLICE SERVICE; LEVEL OF BSO shall provide to CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional police protection within and throughout the corporate limits of CITY to the extent and in the manner hereinafter described. ARTIrl G 11 DEFINITIONS 2.1 For the purposes of this Agreement, the following terms shall have the respective meanings hereinafter set forth: 2.2 Patrol Unit A patrol unit shall be defined to mean one marked patrol vehicle with one uniform Deputy Sheriff and all standard support equipment. 2.3 Service shall mean comprehensive police protection provided each day of the year, on a twenty-four (24) hour per day basis. 2.4 Sworn Personnel shall mean any appointed deputy of the Sheriff, irrespective of the rank (i.e. Deputy Sheriff, Deputy Sheriff Sergeant, Deputy Sheriff Lieutenant, Deputy Sheriff Captain, Deputy Sheriff/District Chief). 2 Police Service Agreement ARTICLE III TAMARAC STAFFING STRUCTURE 3.1 Commencing October 1, 2004, nunc pro tunc, through June 30, 2005, the staffing structure of the Tamarac District shall be as follows: 1 District Chief 3 Executive Officer / Lieutenants 8 Sergeants 69 Deputy Sheriffs 1 Youth Counselor (Deputy Sheriff) 8 Community Service Aides 3 Clerical Assistants 1 Crime Analyst 94 3.2 Commencing July 1, 2005, the staffing structure of the Tamarac District will be as follows: 1 District Chief 2 Executive Officer / Lieutenants 8 Sergeants 63 Deputy Sheriffs 13 Community Service Aides 2 Clerical Assistants 1 Crime Analyst 90 3 Police Service Agreement 3.3 The parties recognize that a law enforcement agency requires flexibility in order to meet society's challenge to combat crime and other social conditions. Therefore, the District Chief or his designee shall have the discretion to determine patrol staffing levels and assignments for the above -stated personnel to provide adequate police services to the CITY, subject to established BSO guidelines. 3.4 If, during a particular twenty-four (24) hour period, the assigned manpower is reduced to less than twenty-three (23) Sworn Personnel, the District Chief shall utilize overtime and/or request personnel from other Districts in order to provide temporary support to the Tamarac District. ARTICLE IV SCOPE OF SERVICES 4.1 BSO shall provide to CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional law enforcement services on a twenty-four (24) hours, seven (7) days a week basis within and throughout the corporate limits of CITY, which include the following: a) Uniform patrol; b) Special details management; c) Strategic intelligence functions; d) The use of the mounted patrol; e) Reserves and the sheriff's posse; f) Career criminal investigation; g) Technical support; h) Street crimes enforcement; i) Regional narcotics investigations; j) Multi -agency gang task force operations; k) Victim services; 1) Case filing; m) DUI enforcement; n) Marine/dive team; 4 Police Service Agreement o) Canine deployment; p) SWAT team response; q) Major investigations to include homicide, aggravated felonies, abuse and neglect, sex crimes, missing persons, robbery, economic crimes, traffic homicide, bomb and arson, environmental crimes, auto theft, fugitive apprehension, crime scene technicians and major crime scene technical expertise; r) Public education programs; s) At the request of the City Manager, one uniformed Deputy Sheriff shall be available to attend each regular and special City Commission meeting, as well as any other official City meeting or event, at no additional cost to the CITY; t) The District Commander/Chief will attend and participate at all CITY staff meetings, CITY Commission meetings and Development Review Committee meetings, u) Upon the request of a homeowners' association, the District Commander or designee will attend the association's membership meeting; v) Drug enforcement and money laundering; w) ADMINTRAC; x) Vacation house checks and y) Citizen Response Team. 4.2 The uniform patrol force shall make every reasonable effort to respond to emergency calls as expeditiously as possible while maintaining safe operations, subject to BSO's response standards and protocols. The District Chief will monitor response time reports and, upon request, provide response time reports to the City Manager. At the request of the City Manager, the District Chief will meet to discuss response times on emergency calls that exceed five (5) minutes. 4.3 Each patrol unit shall prominently display on the vehicle's exteriorthe legend "Tamarac District" in letters at least two (2) inches in height and shall contain all standard support equipment. 4.4 The uniformed Patrol Units shall provide vacation -house -check services and premises surveillance not less than once during each twenty-four (24) hour period for each 5 Police Service Agreement resident of the CITY who registers for such service. The uniformed patrol unit shall provide a high profile in both residential and business areas. 4.5 BSO shall answer and administer, on a twenty-four (24) hour daily basis, all telephone communications related to police services at the Tamarac District. 4.6 In addition to the foregoing, BSO agrees to provide CITY without additional cost, a central dispatch center, and E-911 Communication System, necessary to fulfill the obligations of BSO under this contract. 4.7 At the request of the City Manager, one uniformed Deputy Sheriff shall be available to attend each regular and special City Commission meeting, as well as any other official City meeting or event, at no additional cost to the CITY. 4.8 BSO shall investigate employment related criminal allegations (i.e. fraud, theft, assault, battery) filed against CITY personnel provided such investigations are within BSO's jurisdiction. 4.9 BSO shall assist the CITY with security related issues to the extent such issues are normally handled by law enforcement. 4.10 At the City Manager's request, BSO will provide local criminal records checks on prospective City employees. 4.11 BSO shall ensure that all deputies assigned to the CITY receive adequate training regarding City Ordinances. BSO will provide the City Manager with a monthly report on all City Code violations issued by BSO personnel. 4.12 PROVIDED, FURTHER, except as otherwise hereinafter specifically set forth, such professional police services shall encompass all those duties and functions of the 6 Police Service Agreement type coming within the jurisdiction of and customarily rendered by municipal police departments and the Office of the Sheriff of Broward County, in accordance with the Charter of the CITY, Charter of Broward County and the Statutes of the State of Florida. ARTICLE V ANCILLARY SERVICES 5.1 Upon request and availability, BSO shall additionally provide to the CITY, at no additional cost to the CITY, the following expertise, services, and facilities, which BSO would normally provide to other law enforcement agencies: a) Full service crime lab; b) Helicopter patrol and air rescue services; c) Organized Crime Intelligence gathering activities and drug enforcement; d) Prisoner and jail services; e) E-911 (law enforcement, fire, and EMS); and f) Any other such units or service as BSO may provide normally to other law enforcement agencies during the term of this Agreement. 5.2 BSO shall provide security and traffic detail officers to support special event activities occurring within the CITY in accordance with BSO's Special Details Policies and Procedures. BSO shall cooperate with the CITY and follow CITY procedures in the permitting of special events. The CITY agrees to authorize BSO to act as law enforcement representative for the CITY in the permitting of special events. Special details for which deputies and/or non -sworn employees must be dedicated or assigned to an event shall be worked out between BSO and the non -CITY sponsoring agency, and all costs for such detail officers shall be borne by the sponsoring agency and not the CITY. 7 Police Service Agreement 5.3 Additionally, BSO's professional administration is comprised of the following internal functions: a) Legal Counsel — for BSO transactional issues, confiscations management, nuisance abatement, forfeitures, and law enforcement legal issues. b) Public Information — BSO public information and media release services as related to law enforcement; c) Office of the Inspector General —for BSO training, employment opportunity compliance and professional compliance; d) Organizational Development and Accreditation - for BSO research and development, law enforcement related community grants, internal audit and staff inspections; e) Management, Finance and Budget -- To include preparation and management of BSO budgetary matters, finance and central accounting, cash bonds, property and facilities management, fleet control, evidence, purchasing, supply and equipment management, and claims management; f) Bureau of Information Resources Management — for BSO systems development and maintenance, laptop computer program, and records; and g) Human Resources Bureau/Training Bureau —which provides BSO training and organizational development, classification and compensation, employee benefits, firearms training and maintenance, employee assistance, background investigations, retirement, and health and safety. 8 Police Service Agreement h) Grants Management — BSO will provide the CITY with all relevant information regarding available grants related to law enforcement and crime prevention. BSO shall cooperate with the CITY and, to the extent allowable by law, act as the law enforcement agent on behalf of the CITY in the continued application, maintenance, and accounting of grants and entitlements as well as aggressively pursuing additional grant program funds as they become available. The CITY will make these funds available to BSO to carryout the intent of the grant program as approved by the granting agency and the CITY. ARTICLE VI MAINTENANCE OF ABILITY BSO shall furnish to and maintain for the benefit of the CITY, within the cost of the contract therefor, all necessary labor, supervision, equipment, vehicles, communication facilities and supplies necessary and proper for the purpose of performing the services duties and responsibilities set forth and contemplated herein and as necessary to maintain the level of service to be rendered hereunder. ARTICLE VII ADDITIONAL SERVICES BSO agrees to advise the CITY of the need for additional resources including, but not limited to, deputies. Upon the request of the City Manager and BSO's availability of resources, BSO agrees to provide such additional resources at a cost mutually agreed upon by the parties. 9 Police Service Agreement ARTICLE VIII EMPLOYMENT RESPONSIBILITY 8.1 All law enforcement officers, deputy sheriffs and other persons employed by BSO in the performance of such services, functions and responsibilities as described and contemplated herein for the CITY shall be and remain BSO employees, and no one of such persons shall be considered in the employ of the CITY for the purpose of pension benefits, insurance benefits, civil service benefits, compensation and/or any status or right. Accordingly, the CITY shall not be called upon to assume any liability for or direct payment of any salaries, wages, or other compensation, contributions to pension funds, insurance premiums, workmen's compensation funds (Chapter 441, Florida Statutes), vacation or compensatory time, sick leave benefits or any other amenities of employment to any BSO personnel performing services, duties and responsibilities hereunder whatsoever, arising out of such employment and the performance of the services, duties and responsibilities contemplated herein. In any event, the CITY shall not be liable for benefits accrued by any employees during their tenure with the BSO. Notwithstanding anything to the contrary, BSO agrees to contribute to the Tamarac Police Pension Plan for those employees that elected to remain in the Tamarac Plan, the amount of contributions which BSO would have paid to the Florida Retirement System (FRS) on behalf of those employees had those employees elected to become members of FRS. 10 Police Service Agreement 8.2 The parties agree that any employee taking leave of any kind subsequent to June 30, 1989 will take first from the leave accumulated under the appropriate City of Tamarac labor contract. 8.3 Employees of the CITY shall preserve their seniority effective as of the date of hire with the Police Department of the City of Tamarac. In the case of law enforcement officers the date of certification with the City of Tamarac shall establish seniority. For employees of the department other than certified law enforcement officers, the date of classification with the department shall establish seniority. All due process rights established by law, policy, procedures, or agreement shall be afforded to all qualified deputies as those rights pertain to seniority, discipline, layoff or discharge in the Broward Sheriff's Office. 8.4 BSO agrees that former Tamarac police officers now employed as BSO deputy sheriffs be given the same opportunities, availability and assignment of light duty work as those BSO employees. 8.5 Conditioned upon the deputy's bargaining unit representative's approval, BSO agrees to give Tamarac trustees, permanently assigned to the Tamarac District, electing to remain in the Tamarac plan, time off with pay to attend and travel to and from Tamarac Pension meetings, educational seminars and other trustee business (such as depositions or court hearings) in accordance with terms of the collective bargaining agreement between the Sheriff of Broward County and the bargaining unit. Tamarac trustees that are assigned outside the Tamarac District will be given time off as provided 11 Police Service Agreement herein if such time off does not impair the operational effectiveness of the District in which the trustee is assigned, as determined by the applicable District Chief. ARTIM F IX EMPLOYMENT; RIGHT OF CONTROL 9.1 BSO shall have and maintain the responsibility for and the control of the rendition of the services, the standards of performance as set forth in BSO policy, the discipline of personnel and other matters incident to the performance of the services, duties and responsibilities described and contemplated herein. 9.2 The parties acknowledge that it is important for the CITY to have BSO personnel who are acquainted with the general make-up of the CITY and are familiar with the geography, its industrial, business and residential composition, and its crime problems. BSO shall educate BSO employees (assigned to District 7) of Tamarac's geographic area, including neighborhood areas and section names. 9.3 Upon written notice, the City Manager shall have the right to transfer or reassign any deputy or employees subject to the Sheriffs approval, which shall not be unreasonably withheld. 9.4 Upon written notice, BSO shall have the right to transfer or reassign any deputy or employee subject to the City Manager's approval, which shall not be unreasonably withheld. BSO shall provide CITY upon request with background information and personnel files of all BSO employees transferred in or out of Tamarac with the exception of any information exempt pursuant to the public records law. 12 Police Service Agreement ARTICLE X EMPLOYMENT; AUTHORITY TO ACT The CITY does hereby vest in each sworn officer of BSO who, from time to time, may be assigned to the Tamarac Division of BSO, to the extent allowed by law, the police powers of the CITY which are necessary to implement and carry forth the services, duties, and responsibilities imposed upon BSO hereby, for the sole and limited purpose of giving official and lawful status and validity to the performance thereof by such sworn officers. Every sworn officer of BSO so empowered hereby and engaged in the performance of the services, duties and responsibilities described and contemplated herein shall be deemed to be a sworn officer of the CITY while performing such services, duties and responsibilities which constitute municipal functions and are within the scope of this Service Agreement. Accordingly, such sworn officers of BSO are hereby vested with the power to enforce the ordinances of the CITY, to make arrests incident to the enforcement thereof and to do such other things and perform such other acts as are necessary with respect thereto. ARTICLE XI CONSIDERATION 11.1 The CITY agrees to pay BSO, in consideration for the services described herein, the following amounts: Fiscal Year Annual Payment Monthly Payment 2004/2005 $8,934,023 10/1/04 — 6/30/05 $731,779.08 7/1/05 — 9/30/05 $782,670.41 2005/2006 $ 9,200,000 $766,666.66 2006/2007 $ 9,450,000 $787,500.00 2007/2008 $ 9,715,000 $809,583.33 2008/2009 $10,250,977 $854,248.08 13 Police Service Agreement Each monthly payment shall be due and payable on the first of each month. Any subsequent adjustments to the staffing levels will cause the above numbers to be modified based upon the mutually agreed upon terms associated with such adjustments. 11.2 The above stated consideration includes additional funding for uncontrollable expenditures such as health insurance premiums, workers compensation premiums, pension contributions and overtime. AQTI(`1 G Y11 FINES, FORFEITURES;, PAYMENT 12.1 All law enforcement education funds levied and collected by the Clerk of the Court and earmarked for CITY pursuant to Section 943.25, Florida Statutes, shall be assigned over to the Tamarac District and used by the Tamarac District for the law enforcement education purposes authorized in said statute. Apart from such funds, the Tamarac 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. 12.2 CITY and BSO 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 316.660 Florida State Statutes 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 14 Police Service Agreement statutory or common law proceeding to which the CITY would otherwise be entitled, except as limited herein. 12.3 BSO agrees that any currency seized within the CITY, through active participation of the Tamarac District's personnel, pursuant to this agreement and Chapter 932 of the Florida Statutes, and subsequently forfeited to the Tamarac District, shall be deposited into the CITY's Law Enforcement Trust Fund established by the CITY in an amount which represents the Tamarac District's share, as defined in paragraph 12.7. Said funds shall be and shall always remain in the ownership of the CITY and the Tamarac 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 Tamarac District's use within the confines of the CITY, pursuant to paragraph 12.4. In the event that property, which is purchased with currency described in this paragraph 12.3, is disposed of prior to termination of this Agreement, the Tamarac 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 property, which is purchased with currency described in this paragraph 12.3, said property shall be turned over to the CITY. 12.4 Upon concurrence of the District Chief and the City Manager, the Tamarac 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 BSO legal advisor for a determination of the legality of the request. The Tamarac District agrees to submit such application to the City Commission for appropriation accompanied by a written certification that the request complies with the 15 Police Service Agreement provision of 932.7055 (4) Florida Statutes. Upon appropriation, such funds shall be made available to the Tamarac District for its designated use within the confines of the CITY. 12.5 The parties agree that the decision to dispose of or use personal property seized within the CITY through active participation of Tamarac District personnel shall be in the sole discretion of the City Commission. The Tamarac District may apply to the City Commission to use such personal property outside of the CITY, and, if approved by the City Commission, the Tamarac District shall allocate funds to the CITY's Law Enforcement Trust Fund equivalent to the Tamarac District's share, as defined in paragraph 12.7, of the mutually agreed upon fair market value of such personal property less any lien on such property. In the event the Tamarac 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 Tamarac 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 the Agreement, such funds shall be earmarked for the Tamarac District's use within the confines of the CITY. 12.6 The parties agree that the decision to use or dispose of real property seized within the CITY, through active participation of Tamarac Personnel, and subsequently forfeited to the Tamarac District, shall be in the absolute and sole discretion of the City Commission. The Tamarac District may request the City Commission's approval to dispose of such real property. The Tamarac District shall allocate funds to the CITY's law 16 Police Service Agreement enforcement trust fund equivalent to the Tamarac District's share, as defined in paragraph 12.7 of the mutually agreed upon fair market value of such real property less any loan, mortgages, liens, or any other encumbrance on such property. During the term of this Agreement, such allocated funds shall be earmarked for the Tamarac District's use within the confines of the CITY. In the event the Tamarac District decides to use such real property and the property is subsequently disposed of prior to termination of this Agreement, the Tamarac District shall allocate the net proceeds from said disposition to the CITY's Law Enforcement Trust Funds. During the term of this Agreement, such funds shall be earmarked for the Tamarac District's use within the confines of the CITY. 12.7 The Tamarac District's share will be based upon the ratio that the Tamarac District's Personnel's participation bears to the participation of all law enforcement agencies' and units' participating in the seizure of the property. 12.8 BSO shall, on a quarterly basis, supply the CITY with a written report of the above -described 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. 1.7 Police Service Agreement ARTICLE XIII LEASE AGREEMENT 13.1 BSO agrees to lease from the CITY a District Office in the CITY pursuant to the term contained herein, at the Public Safety Facility, which shall be referred to and known as "Office of the Sheriff of Broward County, Tamarac District" as described in Exhibit "T' attached hereto. 13.2 The use and occupancy by BSO of the Public Safety Facility shall include the use in common with others entitled thereto of the automobile parking areas, driveways, pathways, entranceway, means of ingress and egress, loading and unloading facilities, and other facilities as may be designated from time to time by the CITY, subject, however, to the term and conditions of this Agreement. 13.3 BSO agrees to keep the District Office in a clean condition, free from debris. BSO further agrees not to destroy, deface, damage, impair or remove any part of the District Office. In the event BSO, its employees, agents, or invitees destroy, deface, damage, impair, or remove any part of the District Office, BSO shall be responsible for repairing or replacing such property. 13.4 CITY covenants to keep the Public Safety Facility in good structural repair, so far as concerns BSO. CITY shall maintain and keep in good repair the roof, lighting, walls, foundations, sidewalks, ceilings, doors, window, sprinkler and hot water systems, heating systems, air conditioning systems, plumbing, wiring, electrical fixtures and all other structural components. CITY agrees to provide maintenance services to the Public Safety Facility. CITY further agrees to maintain in good repair the parking area and all common 18 Police Service Agreement areas. CITY shall also make any repairs necessitated by water seepage or by other causes not under BSO'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. BSO shall notify the CITY as soon as possible verbally and in writing of any known conditions requiring repair. 13.5 Except as provided in paragraph 13.7, the CITY shall be responsible for any and all maintenance and repairs to the Public Safety Facility interior including, but not limited to, walls, floors, ceilings, carpet, furniture, windows, doors, interior plumbing fixtures, interior electrical fixtures, security cameras, and security systems. 13.6 BSO shall pay for all utility costs including, but not limited to, telephone, electric, and water for the District Office. 13.7 BSO shall provide janitorial services to the District Office. 13.8 BSO will not make an alterations or modifications to the structure of the Facility without the prior written consent of the City Manager. 13.9 BSO shall maintain Tank Pollution liability insurance coverage of $1,000,000/$2,000,000. Such insurance coverage shall be maintained throughout the term hereinabove set forth. BSO reserves the right to provide Tank Pollution liability coverage through a self insurance program. BSO shall name the CITY as an additional insured, but only as to liability arising out of BSO's negligent performance of the services provided by BSO to the CITY pursuant to this Agreement. 19 Police Service Agreement 13.10 BSO shall provide the CITY with a copy of the respective policies of insurance required hereunder and renewals thereof, in order that the CITY, through the offices of the City Clerk, may keep such copies on file for the benefit of the public and inspection of the citizenry of CITY. 13.11 HOLD HARMLESS: To the extent permitted by law, BSO shall hold the CITY, its officials, agents, servants and employees harmless from any and all manner of action and actions, cause and causes of actions, suits, trespasses, damages, judgements, executions, claims and demands of any kind whatsoever in law or in equity, which may result from or arise out of the misconduct or negligent acts or omissions of BSO while acting within the scope of its employment, and BSO shall indemnify the CITY for any and all damages, judgments, claims, costs, expenses, including reasonable attorney's fees, which the CITY might suffer in connection with or as a result of the misconduct or negligent acts or omissions of the BSO, its deputies/officers, employees, or agents while acting within the scope of their employment. Notwithstanding anything to the contrary contained herein, the terms and conditions of this section shall survive the expiration or termination of this Agreement. Notwithstanding anything to the contrary contained herein, in no event shall BSO hold harmless or indemnify the CITY from liability, suits, cause and causes of action, trespasses, damages, judgments, executions, claims and demands of any kind whatsoever, in law or equity, which may result from or arise out of the negligent acts of the CITY, its employees, agents, or servants. 20 Police Service Agreement Notwithstanding anything to the contrary contained herein, BSO and CITY shall, at all times, be entitled to the benefits of sovereign immunity as provided in Section 768.28, Florida Statutes, and common law. Nothing contained in this Agreement shall be construed as a waiver of sovereign immunity. 13.13 BSO shall be the exclusive user of the fueling system. 13.14 BSO shall be responsible for the maintenance and repair of the Gas Boy computerized fuel dispensing system and dispensers or gas pumps. 13.15 BSO agrees to call 911 as soon as possible to report any and all gas spills and to notify the CITY of any and all gas spills as soon as possible. 13.16 BSO agrees to indemnify, defend and hold the CITY harmless from any and all claims (excluding workers compensation claims of CITY employees), damages, fines, judgments, penalties, costs, causes of action, liabilities, or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys, consultant, and expert fees) (collectively, liabilities), arising during the term of this Agreement or thereafter, and resulting from or arising in connection with the following: a. above ground leaks and spills caused by BSO, its employees, agents, or servants and b. all leaks, contamination and spills above and below ground, resulting from the fueling system. Notwithstanding anything to the contrary contained herein, in no event shall BSO hold harmless or indemnify the CITY from liability, damages, fines, judgments, penalties, costs, causes or action, or losses (including, without limitation, any and all sums paid for 21 Police Service Agreement settlement claims, attorneys', consultant, and expert fees) (collectively, "Liabilities") resulting from or attributed to the intentional or negligent acts of the CITY, its employees, agents, servants and/or visitors. 13.17 BSO shall be responsible for the repair and maintenance of any and all components of the fueling system including, but not limited to, the piping and underground storage tanks. 13.18 BSO shall have the right to discontinue use of the fueling system at anytime, in which case BSO shall be responsible for any and all costs related to the removal of the fueling system including, but not limited to, the extraction of the underground storage tanks. In the event soil contamination is discovered during the fueling system removal and such contamination is attributed to the fueling system, BSO shall be responsible for all clean-up costs. The City and BSO recognize that alternative fueling arrangements will need to be made at the time use of the fueling system is discontinued. At BSO's discretion and cost, replacements and/or upgrades may be made to the fueling system. BSO further acknowledges that, pursuant to the State of Florida Environmental Protection Agency, the underground fuel tanks must be either removed or replaced by 2009 and agrees to cooperate with the City to coordinate the removal or replacement of the underground fuel tanks. Notification of BSO's decision regarding removal or replacement of said tanks must be provided by BSO to the City in writing by no later than October 1, 2006. 22 Police Service Agreement ARTICLE XIV DISTRICT CHIEF 14.1 A District Chief shall be maintained between the CITY and BSO through the Sheriff and/or his designee, who shall meet and confer with the City Manager or his designee for the purpose of maintaining the viability and vitality of this Service Agreement. 14.2 The City Manager shall have the right to appoint the District Chief from among the BSO personnel within and without the Tamarac District, subject to the concurrence of the BSO, and such appointment shall continue until the permanent incapacity of the appointee or such appointee's separation from BSO or until such appointment shall be rescinded by the City Manager. During the tenure of such appointee, the appointee shall not be demoted in rank or involuntarily separated from BSO except for just cause. 14.3 BSO shall continually maintain at the CITY, in the offices provided for such purpose in Article XIII, its District Command Office which shall be manned by the District Chief who shall serve on a full-time basis, until such time as the City Manager concurs in the transfer or change of duty imposed upon him. 14.4 In the event that the District Chief shall be permanently incapacitated or shall be separated from the service of BSO voluntarily or for just cause or such appointment shall be rescinded by the CITY, a replacement shall be appointed, subject to the approval of the City Manager. 23 Police Service Agreement 14.5 BSO, upon request by the City Manager of the CITY, in writing, shall make available the Sheriff of Broward County and/or his designee at any meeting to which said Sheriff is invited by CITY. ARTICLE XV CITY DISTRICT BSO shall maintain a division headquarters in the CITY, which division headquarters shall be referred to and known as "Office of the Sheriff of Broward County, Tamarac District, " 7515 Northwest 88th Avenue, Tamarac, Florida 33321-2401. ARTICLE XVI INSURANCE 16.1 BSO shall maintain, in addition to those policies of insurance required and contemplated elsewhere in this Agreement, policies of liability, automobile, excess automobile, public officials liability, worker's compensation and law enforcement legal liability in the amounts hereinafter described: General Liability $5,000,000 / $10,000,000 Automobile Liability $5,000,000 / $10,000,000 Public Officials Liability $5,000,000 / $10,000,000 Worker's Compensation Statutory Law Enforcement Liability $5,000,000 / $10,000,000 BSO shall maintain the respective policies of liability, automobile, and excess automobile throughout the term of this Service Agreement, as the same may be extended in accordance with the provisions hereof. 24 Police Service Agreement 16.2 BSO shall provide CITY with a copy of current respective policies of insurance required hereunder, and renewals thereof, in order that the CITY, through the office of City Clerk, may keep such copies on file for the benefit of the public inspection of the citizenry of CITY. 16.3 The costs of all policies of insurance required hereunder shall be the obligation of BSO, and the CITY shall in no way be responsible therefore. 16.4 BSO reserves the right to provide the above -described insurance through a self insurance program. 16.5 CITY shall, during the term hereinabove set forth, keep at its expense the Public Safety Facility insured against losses or damage by fire or natural cause, and the CITY shall maintain, at its expense, such insurance coverage as shall be necessary to insure the contents of the offices of the leased space, provided that such coverage shall effect and apply only to those items which are furnished by CITY. In the event that BSO shall take and bring upon the Public Safety Facility additional items of personalty, BSO does it at its own risk, cost and expense. ARTICLE XVII HOLD HARMLESS 17.1 To the extent permitted by law, BSO shall hold CITY, its officials, agents, servants and employees harmless from any and all manner of action and actions, cause and causes of action, suits, trespasses, damages, judgments, executions, claims and demands of any kind whatsoever, in law or in equity, which may result from or arise out of the misconduct or negligent acts or omissions of its deputies/officers, employees, officers, 25 Police Service Agreement or agents while acting within the scope of their employment. BSO shall indemnify the CITY for any and all damages, judgments, claims, costs, expenses, including reasonable attorney's fees, which the CITY might suffer in connection with or as a result of the misconduct or negligent acts or omissions of BSO's deputies, employees, officers, and agents while acting within the scope of their employment. 17.2 Notwithstanding anything to the contrary contained herein, in no event shall BSO hold harmless or indemnify the CITY from liability, suits, cause and causes of action, trespasses, damages, judgments, executions, claims and demands of any kind whatsoever, in law or equity, which may result from or arise out of the negligent acts of the CITY, its employees, agents, and/or servants. 17.3 Notwithstanding anything to the contrary contained herein, BSO and CITY shall, at all times, be entitled to the benefits of sovereign immunity as provided in Section 768.28, Florida Statutes, and common law. Nothing contained in this Agreement shall be construed as a waiver of sovereign immunity. 17.4 Notwithstanding anything to the contrary contained herein, the terms and conditions of this Article shall survive the expiration or termination of this Agreement. ARTICLE XVIII INDEPENDENT CONTRACTOR BSO, for the purposes of this Service Agreement, is and shall remain an independent contractor; provided, however, such independent contractor status shall not diminish the power and authority vested in BSO and its sworn officers pursuant to Article X. 26 Police Service Agreement ARTICLE XIX TERM This Service Agreement shall remain in full force and effect commencing October 1, 2004 nunc pro tunc and ending September 30, 2009, all dates inclusive, unless this Service Agreement be otherwise extended or terminated in accordance with the terms hereof. ARTICLE XX OPTION TO RENEW 20.1 This Agreement may be renewed for five (5) year periods upon mutual agreement of the parties. 20.2 The CITY shall provide written notice of its intent to renew no later than the 1 st day of May. The written notice shall be evidenced by a Resolution duly enacted by the City Commission of CITY. 20.3 Upon receipt of such notice, BSO shall indicate its acknowledgment thereof in writing, delivered to CITY no later than ten (10) days from the receipt of the appropriate Resolution. ARTICLE XXI TERMINATION 21.1 BSO does hereby acknowledge that CITY is making this Agreement in reliance upon BSO's fulfillment of the obligations herein imposed for the full term contemplated herein. Accordingly, BSO does hereby acknowledge that BSO shall have 27 Police Service Agreement the right of termination only for cause during the initial term hereof and/or during the option period, should the CITY elect to exercise same. 21.2 CITY may terminate this Service Agreement at its discretion either with or without cause, by giving written notice thereof to BSO; provided, however, that such termination shall not be effective until the earlier of (i) twenty-four (24) months after initial notice of the termination or (ii) ninety (90) days after notice of the CITY's attainment of its capability to provide its own police services. 21.3 In the event of termination by CITY, CITY shall render such aid, coordination and cooperation to BSO that might be required for an expeditious and efficient termination of service. ARTICLE XXII TRANSITION 22.1 In the event of the termination or expiration hereof, BSO and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from BSO to a CITY police department and to maintain during such period of transition the same high quality of police protection otherwise afforded to the residents of the CITY pursuant to the terms hereof. In the event of such termination or expiration and in the further event that the CITY is unable to provide the same level of police protection through its own police force at the time of such termination or expiration, the then pending term of this Agreement shall be deemed automatically extended for a period of twenty-four (24) months or until CITY is able of rendering such police service, whichever occurs sooner, but in no event shall such extended period be less than ninety (90) days. 28 Police Service Agreement 22.2 In the event the termination or expiration date occurs during a fiscal year, the consideration to be paid to BSO for the remaining months in such fiscal year shall be based upon the preceding monthly payment and thereafter subject to an annual adjustment as provided hereinafter. 22.3 The remuneration's to be paid to BSO during the transition period shall be based upon the budgeted cost of providing such services during the transition period. 22.4 In the event this Agreement expires or is terminated, BSO and the CITY will develop a transition plan that will include the transfer of BSO personnel out of the CITY as the CITY's personnel are capable of assuming their respective functions. The consideration payable by the CITY to BSO shall be adjusted to account for the reduction of BSO personnel within the CITY, as that occurs. ARTICLE XXIII EQUIPMENT APPRAISAL AND TRANSFER PROVISIONS 23.1 In the event of the prior termination or upon the expiration of this Agreement, CITY shall have the option to purchase from BSO any piece of equipment, including police vehicles, directly attributable to or in use by the Tamarac District at the time of such termination in connection with the services contemplated herein. 23.2 The purchase price for such equipment shall be determined by mutual agreement of the parties as to the fair market value of such equipment. 23.3 In the event the parties cannot agree on the fair market value, that value shall be determined by an arbitrated appraisal. Each party shall appoint an arbitrator and the two arbitrators so appointed shall select and appoint a third arbitrator ("neutral arbitrator"). 29 Police Service Agreement The neutral arbitrator shall preside over the arbitration proceedings which shall be conducted in accordance with the Florida Arbitration Code. The final decision of the arbitrators as to the fair market value of the equipment shall be conclusive and binding upon the parties hereto. The cost of such arbitration proceedings shall be shared equally by both the CITY and BSO. ARTICLE XXIV AUTHORITY TO EXECUTE; NO CONFLICT CREATED 24.1 The Sheriff by his execution hereof does hereby represent to CITY that he has full power and authority to make and execute this Service Agreement pursuant to the power so vested in him under Article Vill of the Constitution of the State of Florida and the Statutes of the State of Florida, to the effect that: a. His making and execution hereof shall create a legal obligation upon the Sheriff of Broward County, Florida. b. This Agreement shall be enforceable by the CITY to the extent of the provisions hereof. C. Nothing herein contained or no obligation on the part of BSO to be performed hereunder shall in any way be contrary to or in contravention of any policy of insurance or surety bond required of the BSO pursuant to the laws of the State of Florida. 24.2 The Mayor and City Manager by their respective executions hereof, do each represent to BSO that they, collectively, have full power and authority to make and execute this Service Agreement on behalf of the City of Tamarac, pursuant to a Resolution of the 30 Police Service Agreement City Commission of the CITY and that nothing herein contained is in any way contrary to or in contravention of the Charter of the City of Tamarac or the laws of the State of Florida. ARTICLE XXV NOTICE All notice required hereunder shall be by first class mail, except that any Notice of Termination shall be mailed via U.S. certified mail, return receipt requested and any notice required hereunder shall be addressed to the party intended to receive same at the following addresses: 25.1 CITY: City Manager City of Tamarac 7525 NW 88t" Avenue Tamarac, Florida 33321-2401 CITY: City Attorney City of Tamarac 7525 NW 88t" Avenue Tamarac, Florida 33321-2401 25.2 BSO: Sheriff Broward County Sheriff's Office 2601 West Broward Boulevard Fort Lauderdale, FL 33312 BSO: General Counsel Broward County Sheriff's Office 2601 West Broward Boulevard Fort Lauderdale, FL 33312. 31 Police Service Agreement ARTICLE XXVI NON -ASSIGNABILITY BSO shall not assign any of the obligations or benefits imposed hereby or contained herein, unless upon the written consent of the City Commission of the CITY, which consent must be evidenced by a duly passed Resolution. ARTICLE XXVII JOINT PREPARATION The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a mater of judicial construction, be construed more severely against one of the parties than the other. ARTICLE XXVIII ENTIRE AGREEMENT; AMENDMENT The parties acknowledge, one to the other, that the terms hereof constitute the entire understanding and agreement of the parties with respect hereof. No modification hereof shall be effective unless in writing, executed with the same formalities as this Agreement is executed. ARTICLE XXIX BINDING EFFECT This Agreement shall inure to the benefit of and be binding upon the respective Parties' successors. [Intentionally Left Blank] 32 Police Service Agreement AGREEMENT BETWEEN THE CITY OF TAMARAC AND SHERIFF OF BROWARD COUNTY FOR LAW ENFORCEMENT SERVICES KENNETH C. JENNE, II AS SHERIFF OF BROWARD COUNTY By: Date: �L KEN TFTc. JENNE, II, SHERIFF Approved as to form and legal sufficiency subject to the execution by the parties: f4/. LLL Date: General Counsel 33 Police Service Agreement AGREEMENT BETWEEN THE CITY OF TAMARAC AND SHERIFF OF BROWARD COUNTY FOR LAW ENFORCEMENT SERVICES IN WITNESS WHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf, at the times set forth below. ATTEST: CITY CLERK (SEAL) APPROVED AS O FORM AND LEGAL SUFF Y: 4 CITY ATTORNEY h:\docs\contract\tamarac-2005-clean CITY OF TAMARAC riTAA,O,E'SC O: Dated: By- JEFF Y . MILLER - CITY MANAGER 34 Police Service Agreement No Text