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