HomeMy WebLinkAbout1989-05-10 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321-2401
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RECORD OF COUNCIL ACTIONS/DISCUSSIONS
SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
There will be a Special Meeting of
Wednesday, May 10, 1989 at 11:00
Chambers, Tamarac City Hall, 7525 N.W.
Florida.
the City Council on
a.m. in the Council
88th Avenue, Tamarac,
The purpose of this meeting is a Broward Sheriff's Office
update by the City Manager.
FINAL ACTION:
The City Manager and the City Council reviewed the draft
of the Agreement for Police Services dated 5/9/89 and
. various changes were suggested by the City Council to be
implemented into the Agreement.
-4
The Council may consider and act upon such other business as
may come before it.
All meetings are open to the public.
41
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Carol A. Evans
City Clerk
Pursuant to Section 286.0105, Florida Statutes
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idos appeal any decision made by the city
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AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
WEDNESDAY, MAY 10, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, May 10, 1989 at 11:00 A.M. in the Council Chambers.
PRESENT:
Mayor Norman Abramowitz
Vice Mayor Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Jack Stelzer
Councilman Henry Rohr
ALSO PRESENT:
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
The purpose of this meeting was a Broward Sheriff's Office update
by the City Manager.
City Manager Kelly said before the City Council was a
copy of the draft Agreement (SEE ATTACHENT) as revised on
May 9, 1989. He said Page 9 in the draft was presently
being amended and would be submitted to the City Council
shortly.
City Manager Kelly said the Agreement benefited the City
because it provided the City a greatly improved level of
service, offers a significant cost savings throughout the
next five years with an option of an additional two years
and he would be able to control the transfers of
personnel in or out of the City.
City Manager Kelly said much of the boilerplate of the
previous Agreement was contained in the existing
Agreement as it was determined to be in the City's
advantage. He said the changes were made to the City's
advantage and the contract defined patrol units to be a
marked car with one uniformed Deputy Sheriff and all
standard support equipment.
City Manager Kelly said it was planned that each Deputy
would have a take-home car no later than September 30,
1991 and, it was further contemplated that employees
previously employed by the City of Tamarac which are
hired by the Broward Sheriff's Office, shall be the first
to receive take-home vehicles providing the employee
resided in the Municipal boundaries of the City.
City Manager Kelly said the levels of service were
guaranteed and a credit would be provided to the City
when the Broward Sheriff's Office did not meet the
prescribed level of service. He said the amounts for the
levels of services were provided in the contract. He
said the shifts would consist of the following 7 days per
week:
Page 1
5/10/89 - Special
First Shift - 10 Patrol Units and 1 Sergeant
Second Shift - 10 Patrol Units and l'Sergeant
Third Shift 12 Patrol Units and 1 Sergeant
City Manager Kelly said this level was guaranteed and the
Sheriff would transfer people into the City if the
prescribed level of service was lower. He said there
would be different functions assigned by the District
Commander, which would be selected by the City. He said
there would be 6 Sergeants and 2 Lieutenants assigned to
the patrol functions, 1 Sergeant and 4 Deputies for
traffic enforcement, 8 Community Service Aides, 5
Deputies and 1 Sergeant for general and investigatory
services exclusively in the City, 1 Lieutenant would be
assigned to the District Headquarters during Monday
through Friday but the Lieutenants would be on call at
all times, a Clerk Typist and Youth Counselor, 5
Receptionists, Dispatchers and Record Personnel.
City Manager Kelly said a uniformed patrol force would
respond within two minutes from time of dispatch to the
scene and the Respond Reports would be reviewed on a
monthly basis by him and the District Commander. He said
each patrol vehicle would maintain the minimum of the
following safety devices:
5 pound dry chemical fire extinguisher
first aid kit
disposable blankets
100-foot length of rope
shovel
breathing assistance apparatus
City Manager Kelly said the uniformed units would provide
vacation -house -check services and premises surveillance
not less than once during each 24 hour period for each
resident who registers for this service. He said the
additional services provided by the Broward Sheriff's
Office included a full service crime lab, selective
enforcement team, helicopter patrol, narcotics unit,
organized crime unit, prisoner and jail service, homicide
investigative service, full record service and any other
services provided by the Broward Sheriff's Office, which
were not in Agreements with other Cities. He said the
canine, boats, divers and Countywide select enforcement
teams would be provided.
City Manager Kelly said this was the first full meeting
held regarding this matter with the City Council and the
purpose of the meeting was for the City Council to review
the Contract and discuss their concerns. He said Public
input would be held during approximately two Public
Hearings which would be scheduled.
City Manager Kelly said the employment responsibility was
taking all of the existing officers and civilian
personnel with the exception of those people who failed
the drug tests or were on light duty; however, the people
on light duty would be considered by Broward Sheriff's
Office when they resigned from light duty. He said
accumulated leave time was addressed which included sick,
vacation, holiday, etc., and the Broward Sheriff's Office
agreed to absorb the benefits and responsibilities after
the first 3 years. He said the City would absorb the
responsibility for the first 3 years based upon the terms
and conditions of the existing Contracts with the
Fraternal Order of Police, Policemen's Benevolent
Association and the Federation of Public Employees as
Page 2
5/10/89 - Special
effective on June 30, 1989..He said the City would not
be liable for benefits accrued by employees during their
tenure with the Broward Sheriff's Office.
City Manager Kelly said the City reserved the right and
Broward Sheriff's Office would acquiesce in the City's
right to require that Broward Sheriff's Office to
transfer personnel in the determination of the City. He
said if the employee failed to perform in a manner
consistent with the standards contemplated, the Broward
Sheriff's Office agreed to replace any transferred Deputy
and provide a replacement subject to the City's approval.
City Manager Kelly said the only instance in which the
City would not overrule the right to transfer was when a
Deputy requested a transfer for promotion or special
assignment positions. He said all of the Officers would
be vested with the authority as provided with the Broward
Sheriff's Office personnel.
City Manager Kelly said the Contract was only a proposal
and not approved by the Broward Sheriff's Office or the
City Council; however, the Contract was intended to start
July 1, 1989. He said for the balance of the year, the
monthly payments were proposed to be $364,000.00 in
advance on the first day of each month. He said for the
services of the Broward Sheriff's Office next year, the
proposed cost was $5,042,644.00, with monthly
installments of $420,000.00 beginning October 1, 1989.
He said further negotiations would be done on this
matter; however, the Contract presently committed that in
Fiscal Year 1990/91 -- the increase would be limited to
3.5% of the Contract, Fiscal Year 1991/92 - the increase
would be 4.5%, Fiscal Year 1992/93 - the increase would
be 4.5% and, each year thereafter, the increase would be
5.0%. He said there was a provision in the Contracts of
the other Cities which stated, "however, the County
Commission may at it's discretion provide for a cost of
living increase to it's employees and the Cities shall
honor the increase separate and above the obligations of
the Contract". He said the City of Tamarac had the cost
of living increase affixed in the percentages recently
mentioned.
City Manager Kelly said the City would take a credit
against the monthly payment on an hour to hour basis for
the services previously identified as being required. He
said all fines and forfeitures that may be taken within
the City would be used in the City. He said the property
seized within the City would also be given to the City as
provided in Florida Statutes, Chapter 932.
City Manager Kelly said the Broward Sheriff's Office
would provide to the City quarterly a written record of
the fines and forfeitures. He said the vehicles that the
City presently owned would retain the name "City of
Tamarac" at no less than 2-inches in height. He said the
District Commander would be maintained between the City
and the Broward Sheriff's Office through the Sheriff
and/or his Designee, who will meet with the City Manager
or his Designee for the purpose of maintaining the
Contract or Agreement. He said the City had the right to
appoint a District Commander from among the Broward
Sheriff's Office personnel within the District subject to
the concurrence of the Sheriff and the appointment would
Page 3
5/10/89 - Special
continue until the permanent capacity of the appointee
was separated by the Broward Sheriff's Office,
voluntarily or at the City's discretion.
City Manager Kelly said the Broward Sheriff's Office
shall maintain at the City offices provided to them for
such purposes by the Police Facility Leased, which was
separate from this Agreement. He said the District
Command Office would be manned by the District Commander,
which would serve on a full-time basis until the City
agrees to a change of duty or transfer. He said at the
City Manager's request the Broward Sheriff's Office would
make available a Sheriff for any meeting. He said
Division Headquarters shall be maintained in the City and
the number and terminology of the Headquarters was still
being discussed.
City Manager Kelly said the Broward Sheriff's Office
would maintain 1 million dollars in General and Auto
Liability. He said this matter was still being
negotiated because of the insurance and Pension concerns
of the City. He said the Actuary advised the City that
the General Employees and FireFighters would not be
affected negatively by eliminating the Police from the
Pension. He said the Actuary indicated that there would
be a positive impact regarding the contributions of the
General Employees, FireFighters and the City.
City Manager Kelly said the Agreement contained a Hold
Harmless Agreement as required by the City Attorney which
would hold the City harmless of any or all manner of
actions, suit, trespasses, damages, judgements,
executions, claims and demands of the employees of the
Broward Sheriff's Office.
City Manager Kelly said the terms of the Contract would
be enforced on July 1, 1989 through September 30, 1994
with a 2 year renewable Option at the City's choice. He
said the City may terminate at any time during the
Contract; however, the Broward Sheriff's Office could
not. He said the Broward Sheriff's Office would work
with the City during the transition period to maintain
the Police protection needed.
City Manager Kelly said the equipment purchased and
repurchase had been a concern; however, the Broward
Sheriff's Office would not be paying the City for any of
the equipment they would be taking over. He said the
City would be credited for the equipment by appraisal
costs and, if the City decided not to continue with the
Broward Sheriff's Office, the equipment would be given
back to the City. He said the communication matters had
to be addressed by the City Manager and the Broward
Sheriff's Office for things that were above and beyond
the Contract. He said in the past 5 years the Budgeted
increases for the Police Department amounted to 61.23%
and the actual, with this being incomplete, was 51%. He
said over the next 5 years with this Contract the
increase would be limited to 23%, which was an asset to
the City.
City Manager Kelly said a Facility Lease Agreement was
being negotiated for the Police Facility which would
offset more than the Debt Service. He said the rent
would be determined by the square -footage, furnishings
Page 4
5/10/89 - Special
and clean maintenance provided by the City. He said this
rent would offset some of the City's cost as well as for
Utilities and Communications.
City Manager Kelly suggested that the City Council
address any concerns they may have at this time.
Mayor Abramowitz suggested that the City Council refer to
each Section
of the Contract
and address any concerns
they may have
regarding each
Section. He said there
would be two
Public Hearings
held as well as a letter
being sent to
the residents;
however, this meeting was
for the City
Council to discuss any concerns or
suggestions
they may have about the Contract.
PAGE 2 - ARTICLE 1.11 - Patrol Unit
City Manager Kelly said this provision indicated what the
Patrol Unit would contain and provide.
Sonny Winnerman, Resident, asked that copies of the
Contract be submitted to the Residents and City Manager
Kelly made copies available to the Residents.
There were no comments regarding Article 1.11.
PAGE 1 - ARTICLE 1.1.2 - Service
There were no comments regarding this Article.
PAGE 2 - ARTICLE 1.1.3 - Shift
V/M Bender said Page 3, indicated that if the shifts were
reduced to less than 8 Deputies, the Broward Sheriff's
Office would assign replacements. He asked if it would
be appropriate to include this with the Shift patrols as
opposed to the reduction of 8.
Mayor Abramowitz said the Contract indicated that in an
event of an emergency the Broward Sheriff's Office would
give us credit. He said this provision meant that the
patrol would not be less than 8 units and, at this time,
the City did not have 8 patrolling units.
City Manager Kelly said the Shifts would consist of 10
patrol units for the first shift, 10 patrol units for the
second shift and 12 patrol units for the third shift. He
said if there were 3 officers out on the first shift, the
Broward Sheriff's Office would not allow the patrol units
to go below 8.
PAGE 3 - 1.2.1 - First Shift
1.2.2-- Second Shift
1.2.4 - Th ri d Shift
City Manager Kelly said the Personnel of 10 the first
shift, 10 the second shift and 12 the third shift were
what the City should provide presently; however, on
occasions, the third shift only had 6 people.
PAGE 3 - 1.2.4 (A) - List of Personnel
Mayor Abramowitz asked how many Sergeants and Lieutenants
were presently assigned to the patrol functions.
Joseph McIntosh, Police Chief, said the Police Department
presently had the same amount as listed in the Contract.
Page 5
5/10/89 - Special
PAGE 3 - 1.2.4 (B)
Mayor Abramowitz asked if the Contract provided for one
more person and Chief McIntosh said he asked for the
position in the Budget last year, which was denied.
C/M Stelzer asked how many Motorcycle Officers would be
available and Chief McIntosh said the existing 3
Motorcycle officers, Traffic Enforcement Car and
Supervisor would be provided.
PAGE 3 - 1.2.4 (C)
C/M Rohr asked what the Community Service Aides duties
were and Chief McIntosh said the Community Service Aides
provided non -Police functions such as accidents, etc.
Chief McIntosh said the City presently had 8 Aides;
however, 2 were on Administrative duties; however, there
would always be 8 on the patrol as provided in the
Contract.
PAGE 3: 1.2.4 (D)
Mayor Abramowitz asked what the City had presently in
General and Investigatory Services. Chief McIntosh said
the City presently had 5 Investigators, a Sergeant and a
Lieutenant. Chief McIntosh said the Lieutenant would no
longer be assigned to the function as provided in the
Contract.
C/M Hoffman asked if the Investigatory Officers were
plain -clothes Officers and Chief McIntosh replied, yes.
PAGES 3 and 4 - 1.2.4 (E)
Mayor Abramowitz said the Contract indicated that the
Lieutenants would be available Monday through Friday and
he asked if the Lieutenants would be available during the
weekend.
Chief McIntosh said the Lieutenants would be available
when needed and on call at all times.
C/M Rohr asked if this was presently the procedure and
Chief McIntosh replied, yes.
PAGE 4 -- 1.2. 4 (F )
Mayor Abramowitz asked if a Clerk -Typist was presently
existing and Chief McIntosh replied, yes.
PAGE 4 - 1.2.4 (G)
Chief McIntosh said the youth Counselor position was
presently existing.
C/M Stelzer asked if a Corporal was eliminated and Chief
McIntosh said there were two Corporals presently in the
City; however, the placement of the Corporals was not
determined at this time.
PAGE 4 - 1.2.4 (H)
Mayor Abramowitz asked if there were presently 5
Receptionists and Chief McIntosh said there were no
Receptionists presently. Chief McIntosh said the
Page 6
5/10/89 - Special
Receptionists listed in the
security system, walk --ins,
administrative work.
PAGE 4 _ 1.2.4 (I)
Contract would monitor the
telephone calls and some
Mayor Abramowitz asked if the District Commander was on
call for the weekends and Chief McIntosh replied, yes.
C/M Hoffman asked who would be in command when the
District Commander was not on duty and Chief McIntosh
said the District Commanders and Lieutenants were always
on call.
C/M Hoffman suggested that the City arrange for the
Lieutenants to be on duty on the weekends. He said there
should always be a Commander on duty.
Mayor Abramowitz suggested that the City Manager make
notes as to the City Council's suggestions.
Mayor Abramowitz said the Contract indicated that the
Broward Sheriff's Office would provide monetary
considerations in the event the patrol was reduced
because of sickness, etc. He said the City should never
be understaffed regardless of being paid for it and he
asked the City Manager to discuss this matter with the
Broward Sheriff's Office.
C/M Stelzer said if there were 8 Officers on every shift
the patrols would never be undermanned.
Mayor Abramowitz said he did not want to get the credit
as opposed to the personnel because the protection was
more important than the finances.
Mayor Abramowitz asked if the Broward Sheriff's Office
was reviewing the salaries and City Manager Kelly
replied, yes. City Manager Kelly said the salaries
included fleet maintenance, gas, car, insurance, etc. He
said the salaries indicated in the Contract was the cost
that would be reimbursed to the City when an officer was
not on duty; however, there may be minor changes.
PAGE 5 - 1.3 - Response
C/M Hoffman asked what the average response time was
presently and Chief McIntosh said because there was no
computer available at this time, it was difficult to say;
however, the records could be obtained from Broward
County.
C/M Hoffman asked if the response would take more than 2
minutes and Chief McIntosh said not in emergency
situations.
PAGE 5 - 1.4 - Vehicles/safety equipment
Mayor Abramowitz asked if the equipment in the Contract
was more than what was presently being provided and City
Manager Kelly said the equipment would also be more than
what the Broward Sheriff's Office had as well. City
Manager Kelly said he and Chief McIntosh asked that these
Items be provided in the units and the Broward Sheriff's
Office said if the City wanted these items, they would be
provided.
Page 7
5/10/89 - Special
C/M Hoffman asked for the definition of breathing
assistance apparatus and Chief McIntosh said this was a
recessitator.
C/M Hoffman asked if the Police Officers were trained to
use this equipment and Chief McIntosh replied, yes. C/M
Hoffman asked if this would assist the City in not using
the Fire Department for oxygen.
City Manager Kelly said this was an unfair question to
ask the Police Chief.
C/M Hoffman said if the Police Officers were trained to
do this it may not be necessary to have the additional
personnel in the Fire Department.
Chief McIntosh said the Emergency Medical Service was
usually at the scene before the Police Department. He
said the necessity of the Fire Department could not be
commented on by him.
PAGE 5 - 1.5 -,Vacation-House-Check Services
Mayor Abramowitz said the residents on vacation could ask
the Broward Sheriff's Office to patrol their home once
every 24 hours.
C/M Stelzer asked for the definition of Premise
Surveillance. He asked if a resident could have his home
surveyed every day and Chief McIntosh said this was only
for the residents away on vacation.
C/M Stelzer said the Contract indicated "and Premise
Surveillance". He suggested that "and" be eliminated.
PAGE 6 - 1.6 - Telephone Communication
There were no comments on this Article.
PAGE 6 - 1.7 - Central Dispatch/E-911
There were no comments on this Article.
PAGE 6 - 1.8 - Attendance at Meetings
TAPE 2
Mayor Abramowitz said a Deputy would be assigned at no
cost to the City during the City Council meetings at the
request of the City Manager.
C/M Stelzer asked if the Police Officers presently
assigned to the City Council meetings were pulled from
patrol to attend. Chief McIntosh said the Lieutenants
were not pulled from patrol; however, the Officer was
taken from regular duty.
C/M Stelzer asked if the Broward Sheriff's Office would
provide an extra man without taking an Officer from duty.
City Manager Belly said the City would be provided with
an Officer at no cost; however, it may not be an extra
man.
Chief McIntosh said the personnel listing included this
function when the City Manager felt that an officer
should attend a meeting.
Mayor Abramowitz said he recently attended a City Council
meeting at Lauderdale Lakes which had three Officers on
Page 8
5/10/89 - Special
duty. He said the Mayor indicated that the Officers were
on light duty outside of the perimeters of the City and
the Broward Sheriff's Office assigned them to attend the
meeting.
Mayor Abramowitz suggested that City Manager Kelly
discuss this matter with the Broward Sheriff's Office.
C/M Hoffman said "in" should be placed in the second
paragraph of 1.8 at "both and out of the Tamarac
District.".
V/M Bender said "CITY shall have the right" should be
changed to indicate, "CITY, through the City Manager,
shall have the right". He said an individual should be
designated to handle these matters.
Mayor Abramowitz said the Contract was to provide that
the terminology, "CITY", with a few exceptions, would
indicate "City Manager". He suggested this be placed in
the Contract.
C/M Stelzer said this should be indicated on the first
Page and City Attorney Doody said the Contract would be
changed accordingly.
V/M Bender said the Contract should also indicate either
"BSO" or "SHERIFF" because the first Page indicated that
Nick Navarro would be referred to as "BSO"; however, some
sections of the Contract indicated "SHERIFF".
C/M Stelzer suggested the same sentence, Paragraph 2 0£
Article 1.8, contain "transfer of personnel".
Mayor Abramowitz said the last Paragraph of Article 1.8,
last sentence, indicated this; however, C/M Stelzer's
suggestion should be implemented and he asked the City
Manager to see that it was changed.
PAGE 6 ARTICLE II. ANCILLARY SERVICES
Mayor Abramowitz asked for a definition of 2.2 -
Selective Enforcement Team on Page 7.
Chief McIntosh said this team was the Traffic/Homicide
Investigation Team. He said when there was a Traffic or
Homicide investigation needed presently, one person was
involved in investigated the matter for several weeks;
however, with the Broward Sheriff's Office, a special
team would handle the matter without disrupting the
personnel.
PAGE 7 - ARTICLE III. MAINTENANCE OF ABILITY
V/M Bender suggested that the equipment maintained by the
Broward Sheriff's Office be specified in this Article.
He asked if the Broward Sheriff's Office would also
maintain the City's credited equipment and City Manager
Kelly replied, yes.
Mayor Abramowitz said nothing would be sold or
transferred to the Broward Sheriff's Office except for
the Police cars, which would be credited to the City and
the City could not use the money unless the City decided
to eliminate the services of the Broward Sheriff's
Office.
Page 9
5/10/89 - Special
City Manager Kelly said five of the vehicles were being
transferred to other Departments and the Broward
Sheriff's Office agreed to this. He said the transfers
would assist in offsetting some of the Capital
Expenditure Budgets for the coming year.
PAGE 7 - ARTICLE IV. ADDITIONAL SERVICES
Mayor Abramowitz asked if this would include such things
as parades, funerals, etc.
City Manager Kelly said the matter regarding Funerals
would be discussed. He said parades, Fourth of July,
etc., would require additional personnel.
Mayor Abramowitz said the Police Department recently
provided a car for the Senior Olympics and he asked if
the Broward Sheriff's Office would charge the City for
this type of service.
City Manager Kelly said this Article addressed large
activities that would require approximately 6 units.
PAGE 8 - ARTICLE V. EMPLOYMENT RESPONSIBILITY
Mayor Abramowitz asked why there was an asterisk by the
Pension Benefits and City Manager Kelly said this matter
was flagged for him because he was presently working with
the Actuary of the Pension Plan. City Manager Kelly said
he would report on this matter when further information
was available.
C/M Stelzer suggested that this Article be overlooked
until the City Manager had further information.
Mayor Abramowitz agreed and suggested that this Article
be discussed at the next City Council Public Hearing
meeting on this matter.
C/M Stelzer said Line 11 "works compensation" should be
"workers' compensation".
PAGE 9 - ARTICLE IV. EMPLOYMENT; RIGHT OF CONTROL
Mayor Abramowitz asked if the City Manager had the
absolute right to remove anyone from the District that
was not serving appropriately.
City Manager Kelly said this matter was addressed under
Article 6.1, Page 10.
PAGE 10 -- 6.2 - EMPLOYMENT
Mayor Abramowitz said the Broward Sheriff's Office shall
not remove, transfer or replace any of the Personnel
currently assigned to the City without the written
concurrence of the City. He said "City" should be
changed to "City Manager".
V/M Bender said the first sentence of the paragraph for
Article VI, "rendition" should be changed to "rendition".
PAGE 10.- ARTICLE VII. EMPLOYMENT; AUTHORITY TO ACT
There were no comments regarding this Article.
Page 10
5/10/89 - Special
PAGE 11 - ARTICLE VIII. CONSIDERATION .
C/M Stelzer said this Article should be discussed after
the negotiations were completed on this matter.
Mayor Abramowitz suggested that this matter be negotiated
and brought back to the City Council for review.
C/M Hoffman said the City Manager indicated that the cost
would be lower than indicated in this Contract;
therefore, he would like an indication as soon as
possible of how much lower the cost would be.
PAGE 11 - 8.2 - Annualized Cost
C/M Rohr suggested that the break down of increases be
negotiated to be 3.5% for Fiscal Year 1991/92 and 4.5%
thereafter.
Mayor Abramowitz said the increases did not include
capital expenditures and City Manager Kelly said the
increases included everything. City Manager Kelly said
that the percentages were capped.
Mayor Abramowitz said all of the existing Contracts were
not under 5.0%. He said there was no guarantee that the
percentages projected would be reached.
City Manager Kelly said the percentages were indicating
what the increases would be in the future. He said there
was an additional provision in the existing Contracts
which stated, "Any cost of living increase provided by
the Broward County Commission to their employees would be
absorbed by the Cities above and beyond their existing
Contract". He said this Contract included any cost of
living increases.
V/M Bender said the Contract should indicate this and
Mayor Abramowitz said the Contract, Page 12, Article 8.3,
stated, "The City shall have no further monetary
obligations to the Broward Sheriff's office or any third
party providing services described in this Service
Agreement."
Mayor Abramowitz suggested the City Manager note the City
Council's concerns which could be discussed at a later
time. He said the increase would be 3.5% or $175,000.00
as opposed to the past 5 years which, was increased by
51.8%.
C/M Rohr suggested the City Manager try to get the last
two years to only 4.5%.
V/M Bender said the Contract indicated that the City had
to be given justification of the increases before the
increases were approved.
C/M Stelzer said Page 11, Article 8.2, "1992/1992" should
be changed to "1992/1993".
PAGE 12 - ARTICLE IX. FINES, FORFEITURES; PAYMENT
Mayor Abramowitz asked if the City received forfeitures
from the Coupon Scandal matter and Chief McIntosh said
this Article pertained to the traffic fines and forfeited
bonds.
Page 11
5/10/89 -- Special
Mayor Abramowitz asked if the confiscations made in the
City belonged to the City and Chief McIntosh replied,
yes. Chief McIntosh said any tickets written in the City
of Tamarac belonged to the City.
V/M Bender asked if part of the confiscated funds could
be used for education for the Crossing Guards and Chief
McIntosh said the funds had to be used for Police
Officers.
City Manager Kelly said the Broward Sheriff's Office
would issue tickets; however, the funds came to the City;
therefore, it would be incumbent upon the City to have a
person to monitor the fines, collect the fees, etc. He
said there was a person presently in the Police
Department handling this matter and it was being
considered to bring that person into the City to handle
these concerns.
Mayor Abramowitz suggested that this matter be discussed
further with the Broward Sheriff's Office instead of
reducing the increases.
V/M Bender said Page 12, Article 9.1, "vitiate" should be
changed to "deprived" or "impaired". City Manager Kelly
said this matter would be changed accordingly.
PAGE 13 - ARTICLE X. SPECIAL EQUIPMENT; PROVISO
There were no comment regarding this Article.
PAGES 13 AND 14 - ARTICLE XI. DISTRICT COMMANDER
Mayor Abramowitz said it was important that the City
Manager have control over the personnel and services for
the City. He said the Contract explained this control
clearly, which was an asset to the City.
PAGES 14 AND 15 - ARTICLE XII. CITY DISTRICT
There were no comments regarding this Article.
PAGES 15 AND 16 - ARTICLE XIII. INSURANCE
C/M Stelzer said Page 15, 13.3 indicated that the Broward
Sheriff's Office did not carry Umbrella Insurance and
City Manager Kelly said the Broward Sheriff's Office did
not carry Umbrella Insurance; however, negotiations
regarding the insurance were not complete.
C/M Stelzer asked if the Umbrella Insurance in the
Contract should be deleted and City Manager Kelly said
this may be eliminated from the Contract after
negotiations were completed.
C/M Hoffman said the Broward Sheriff's Office held the
City harmless and City Manager Kelly said this was very
important.
Mayor Abramowitz said the other Cities did not have the
Umbrella Insurance in their Contracts. He said Article
XIII was still being negotiated and the City Manager
would report back to the City Council with the final
outcome. He asked the City Manager to make a
notation regarding an explanation regarding Article 13.3
and whose best interest this Article was for.
Page 12
5/10/89 - Special
City Manager Kelly said the Broward Sheriff's Office
requested that the records prior to January 1, 1989, if
the Contract was approved and enacted, be maintained by
the City. He said the Broward Sheriff's Office would
keep any records obtained after January 1, 1989.
Mayor Abramowitz asked if City Manager Kelly if he felt
this was a reasonable request and City Manager Kelly
replied, yes.
PAGE 16 - ARTICLE XIV. HOLD HARMLESS
Mayor Abramowitz asked City Attorney Doody if the Hold
Harmless Agreement was appropriate.
City Attorney Doody said he reviewed the Hold Harmless
Agreement which was standard and in order.
PAGE 16 - ARTICLE XV. INDEPENDENT CONTRACTOR
There were no comments regarding this Article.
PAGE 16 - ARTICLE XVI. TERM
C/M Stelzer suggested that the Contract be reviewed and
punctuated appropriately with commas.
PAGES 16 AND 17 : ARTICLE XVII. OPTION TO RENEW
C/M Rohr said the Contract indicated the City had an
option for a 2-year successive fiscal term upon the
negotiations of the terms and financial conditions. He
suggested that the 2-year option be made a 5-year option
with the same maximum increases because the City would be
better off having a longer contract instead of
negotiating the Contract.
Mayor Abramowitz asked the City Manager to note this
suggestion.
PAGES 17 AND 18 - ARTICLE XVIII. TERMINATION
City Attorney Doody suggested that additional language be
added, "The City may terminate this Service Agreement
without cause by giving written Notice thereof.". He
said this was the intent and should be stated in the
Contract.
TAPE 3 The City Council AGREED to this language being added.
PAGE 18.- ARTICLE XIX. TRANSITION
There were no comments regarding this Article.
PAGES 18 AND 19 .- ARTICLE XX. EQUIPMENT PURCHASE AND RE -PURCHASE
C/M Hoffman said the Broward Sheriff's Office would be
taking the existing Police cars and crediting the City.
He said the only way the City would receive the funds was
when the Contract was terminated; however, he would like
the funds given to the City after a reasonable period of
time, such as 3 years. He said the Broward Sheriff's
Office should not hold the money indefinitely or until
such time the City wanted to terminate the Contract
because the City could place the funds in an account and
gain interest on it.
Page 13
5/10/89 - Special
Mayor Abramowitz said he agreed; however, he was opposed
to the funds being put into the General Fund. He said
there were concerns regarding the City not wanting to
continue with the Broward Sheriff's Office and having to
spend the money obtaining a Police Department. He said
there was no reason why the City should not have the
receipt of the Funds; however, this matter had to be
discussed as to how the Funds would be placed in an
Account that did not intermingle with the General Fund.
C/M Hoffman said he was concerned because the City may
never decide to eliminate the services of the Broward
Sheriff's Office and Mayor Abramowitz said he would like
the City to hold the money in an Account that would not
be used for matters other than the Police Department.
City Manager Kelly said he raised this matter in the
negotiations and the Broward Sheriff's Office was
apprehensive about a long term contract because of the
cost being locked in. He said this matter should be
considered by the City Council as opposed to the Broward
Sheriff's Office. He said his concern with the Broward
Sheriff's Office was if they would, in fact, credit the
equipment.
Mayor Abramowitz said C/M Hoffman was correct because the
City should not have someone else be the guardian of the
City's Funds. He suggested the City Manager negotiate
this matter further with the Broward Sheriff's Office.
PAGES 19 AND 20 - ARTICLE XXI. AUTHORITY TO EXECUTE; NO CONFLICT
CREATED
Mayor Abramowitz asked City Attorney Doody if Article
21.3, Page 20, indicated that approving and separating
from the Contract was to be done by the City Council.
City Attorney Doody said the Contract had instances where
the City Council delegated actions to the City Manager.
Mayor Abramowitz said the Administrative functions of the
Contract were delegated to the City Manager.
City Attorney Doody suggested that the City Council
clarify the provisions in the Contract which they wanted
delegated to the City Manager. He said Article 21.3 was
boiler -plate language which indicated that the City
Manager, Mayor and City Clerk were vested under the
City's Charter to have the authority to execute the
Contract.
Mayor Abramowitz said the City Manager had the
responsibility of the Administration of the City and the
City Council was responsible for the Legislative Action
of the City.
City Attorney Doody said this was pursuant to the City
Charter and Mayor Abramowitz said this was exactly what
he wanted to make certain at this time.
C/M Stelzer said a Resolution had to be created giving
the City Council the authority to sign the Contract and
Mayor Abramowitz said he wanted to make sure that, other
than the Administrative actions of the City Manager,
other actions were done by the City Council.
C/M Hoffman said everything that occurred in the City was
the responsibility of the City Council. He said the City
Council may delegate responsibility for certain
1
L
1
Page 14
5/10/89 - Special
Administrative acts and he hesitated to put "City
Manager" through the entire Contract because there may be
another City Council that wanted to appoint a Police
Commissioner to act between the Broward Sheriff's Office
and the City Council. He suggested that the Contract
allow the City Council to delegate the responsibility to
whomever was appropriate.
Mayor Abramowitz said he did not disagree with C/M
Hoffman's suggestion; however, the matters that were
addressed in the Contract were Administrative functions.
He said he did not want to see the Administrative
functions becoming political.
C/M Stelzer said this Article only authorized the City
Manager, Mayor and City Clerk to act on the City
Cuu.v-* i l' s behalf.
Mayor.Ab-,ramowitz said he wanted the Contract specified to
nog ally the City Manager to make decisions that were
the Cj.ty Council's responsibility. He said the Contract
should not allow the City Council to make Administrative
decisions that may not be appropriate.
C/M Hoffman said he felt that Mayor Abramowitz may be
looking for problems that did not exist and Mayor
Abramowitz said C/M Hoffman may be right.
The City Council AGREED that the remaining Articles were
standard provisions.
Mayor Abramowitz said there would be a minimum of two
Public Hearings regarding the Broward Sheriff's Office
Contract. He said one meeting would be called during the
day and the other at night. He asked the City Council if
they wanted the letter to the residents sent before or
after the Public Hearings.
C/M Stelzer suggested that the letter be sent after the
Public Hearings so that the letter could be specific and
factual. He said the City Council would have the
Public's input before the letter was sent.
C/M Rohr said the letter should go out prior to the
meetings so that the residents would be aware of and
discuss the matter.
V/M Bender said the letter should be sent to the
residents as soon as possible to make the Public aware of
the previous information. He said the letter should be
sent before the Public Hearings.
C/M Hoffman said the letter should be sent out
immediately with the previous information as opposed to
waiting for the minor changes.
Mayor Abramowitz said the City Council has expressed that
the letter should be sent out before the Public Hearings.
C/M Stelzer asked if the letter would contain the
previous figures that the City Manager submitted. He
said the figures may be changing.
Mayor Abramowitz said he wanted the residents to receive
the letter and review it in sufficient time before the
Page 15
5/10/89 - Special
meeting. He said he felt that one Public Hearing should
take place before the letter was sent out.
C/M Hoffman said there was enough information on hand to
send out the letter. He said it was possible that the
figures would change; however, the important thing was to
inform the residents of the basis of the Contract. He
said any changes could be announced at the Public
Hearings.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 12:45 P.M.
6-t4tit. d6j-:�IaA
NO MAN ABRAMOWITZ, MAYOR
C ROL A. EVANS, CITY CLERK
"This public document was promulgated at a cost of $127.80 or $7.99 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac.
CITY OF TAMARAC
APPROVED AT MEETING OF / E 9
City Clerk
Page 16
T7-ALHMENTht
!
D,RAFT
REVISED ON 5/9/89
AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT, by and between the CITY OF TAMARAC, a
municipal corporation organized and existing under the laws
of the State of Florida, hereinafter referred to as "CITY",
and NICK NAVARRO, Sheriff of Hroward County, Florida, herein-
after referred to collectively as "SSO",
W I T N E S S F T H:
WHEREAS, the CITY has heretofore maintained a high level
of 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, SSO 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,
NOW, THEREFORE, in consideration of the sums hereinafter
set forth and for other good and valuable considerations, the
receipt and legal sufficiency of which are hereby acknow-
ledged, it is hereby agreed as follows:
-1-
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:
1.1 For the purposes of this Agreement, the following
terms shall have the respective meanings hereinafter set
forth:
1.11 Patrol Unit A Patrol unit shall be defined to
mean one marked patrol car with one uniformed Deputy Sheriff
and all standard support equipment. It is planned that each
deputy will have a take home car, no later than September 30,
1991. It is contemplated that employees previously employed
d who are hired by the SHERIFF as
by the City :of Tamarac an
deputies within the City of Tamarac shall be the first to
receive take home vehicles provided said employee(s) reside
within the municipal boundaries of the City of Tamarac.
1.1.2 Service shall mean comprehensive police protec- '
tion provided each day of the year, on a twenty-four (24)
hour per day basis, except as hereinafter stated, at a
standard corresponding to, and not less than, the level of
service provided to CITY immediately prior to the 1st day of
July, 1989 by its former Police Department, as such level has
been supplemented and enhanced as a result of this Agreement
and any, amendments and supplements thereto.
1.1.3 Shift shall mean and include service provided on
an eight (8) hour basis (Except supervisors may be assigned
as needed.) unless revised by mutual agreement of the
parties= the commencement hour of any shift shall be
determined and established from time to time by BSO. If,
-2-
during a particular shift, the assigned manpower is reduced
to less than eight-(8) deputies, then SHERIFF agrees to
temporarily assign replacements to our satisfaction.
1.2 Service shall be maintained and provided in
accordance with the following minimum criteria:
1.2.1 First Shift (Midnights): Ten Patrol Units and at
least one Sergeant on duty seven (7) days a week.
1.2.2 Second Shift (Days)-: Ten Patrol Units and at
least one Sergeant on duty seven (7) days a week.
1.2.3 Third Shift (Evenings): Twelve Patrol Units and
at least one Sergeant on duty seven (7) days a week.
1.2.4 The following is a list of other personnel needed
to provide the CITY with appropriate police services based
upon a standard BSO work week for the following positions
which positions will be assigned by the District Commander:
A. There will be six (6) sergeants and two (2)
lieutenants assigned to the patrol function.
11
B. One Sergeant and four (4) deputies specifically
assigned to Traffic Law Enforcement.
C. Eight Community Service Aides. Community Service
Aides will be assigned as needed.
D. Five Deputies and One Sergeant will provide General
and Investigatory services exclusively in the City of
Tamarac. They will work an 8-hour shift and will be assigned
as needed.
E. One Lieutenant will be assigned to duty at the
-3-
.-rict Headquarters during normal business hours., Monday
through Friday. The Lieutenant will also be available for
call out if needed.
F. One Clerk -Typist will work the daytime hours,
Monday through Friday and will be assigned to the Investiga-
tion Unit.
G. One Youth Counselor assigned to the Youth and
Community Involvement Unit who will work staggered hours as
the need dictates.
H. Five receptionists. Since there will no longer be
Dispatchers or Records personnel on duty, it will be neces-
sary to have a Receptionist on duty 24 hours a day, seven (7)
days a week. These five Receptionists may also handle
various clerical duties in addition to answering phones and
dealing with walk-in complaints.
I. One District Commander and one Administrative
Secretary will also be assigned duty five (5) days a week,
Monday through Friday during normal business hours.
Failure of SHERIFF to provide staff levels on a daily
basis as specified in Sections 1.2.1, 1.2.2 and 1.2.3 shall
cause the CITY to receive a monetary credit against the next
succeeding month's payment. The parties agree that in the
event any personnel under sections 1.2.4, A, Be Cr D, E, F,
G, H, and I who are not on duty for a period of ten (10)
consecutive days because of sickness, injury or workers
compensation, then -that position will be temporarily replaced
with other appropriate personnel. A deputy with the rank of
Lieutenant and above who is not on duty for a period of five
(5) consecutive days because of sickness, injury or workers
compensation will be temporarily replaced with other
personnel. Absence from assigned duties as stated above does
-4-
not include annual leave or training. Said credit shall be
calculated using the fol-lowing hourly rates.
July 1, 1989 through September 30, 19896.
Deputy Sheriff, per hour .............$22.65
Deputy Sheriff Sergeant, per hour.....$28.45
Deputy Sheriff Lieutenant, per hour...$30.45
October 1, 1989 through September 30, 1990
Deputy Sheriff, per hour..............$22.70
Deputy Sheriff Sergeant, per hour ..... $28.50
Deputy Sheriff Lieutenant, per hour ... $30.50
1.3 The uniform patrol force shall respond to and
render aid in life-saving and in -progress crime scenes, and
the response time incident thereto shall not be more than two
(2) minutes from time of dispatch. Response time reports
will be reviewed on a monthly basis by the City Manager and
District Commander as part of routine performance evaluation.
1.4 Each patrol unit shall maintain in a patrol
vehicle at a minimum the following safety devices; one 5-lb.
dry chemical fire extinguisher, first aid kit, disposable
blankets, a 100' length of rope, shovel and breathing assis-
tance apparatus.
1.5 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 resident of the CITY who registers for such service.
The uniformed patrol unit shall provide a high profile in
both residential and business areas.
-5-
1.6 BSO shall answer and administer, on a
twenty-four (24) hour daily basis, all telephone communica-
tions related to police services at the Tamarac District.
1.7 In addition to the foregoing, SHERIFF agrees to
provide CITY without additional cost, a central dispatch
center, and E-911 Communication System, necessary to fulfill
the obligations of SHERIFF under this contract.
1.8 At the request of the City Manager, one
uniformed Deputy Sheriff shall be available to attend each
regular and special City Council meeting at no additional
cost to the City.
CITY shall have the right to approve all transfers both
and out of the Tamarac District.
PROVIDED, FURTHER, except as otherwise hereinafter
specifically set forth, such professional police services
shall encompass all those duties and functions of the 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. Any section in Article I herein relative to
personnel schedules may be adjusted by the City Manager with
input from the District Commander and concurrence by the
Sheriff.
ARTICLE II. ANCILLARY SERVICES
In addition to those duties and responsibilities herein -
above described, BSO shall provide the CITY, without addi-
tional cost therefor, the following expertise, services and
facilities as the same might be required from time to time:
i
1
1
2.1 Full service crime lab;
2.2 Selective enforcement team;
2.3 Helicopter patrol;
2.4 Narcotics Unit;
2.5 Organized Crime Unit;
2.6 Prisoner and jail service;
2.7 A Homicide Investigative service;
2.8 A full records service including police functions
records;
2.9 Any other service which the Sheriff provides to
Broward County and other Broward cities not under
contract;
2.10 And such other units or service as the BSO may have
or add during the term of this Agreement;
2.11 Canine Service
2.12 Boats and divers
2.13 County -wide Selective Enforcement Team
ARTICLE III. MAINTENANCE OF ABILITY
BSO shall furnish to and maintain for the benefit of the
CITY, without additional cost therefor, all necessary labor,
supervision, equipment, communication facilities and supplies
necessary and proper for the purpose of performing the
services, duties and responsibilities set forth and contem-
plated herein and as necessary to maintain the level of
service to be rendered hereunder.
ARTICLE IV. ADDITIONAL SERVICES
BSO shall provide to the CITY, upon the request of the
City Manager, such additional services as may from time to
time, be needed at the discretion of the CITY.
4.1 The cost of such services shall be borne by the
-7 -
CITY and
shall be
payable in
such amounts and in
such a
manner as
may be
determined by
mutual agreement,
upon each
occurrence.
ARTICLE V. EMPLOYMENT RESPONSIBILITY
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, works compensation funds
(Chapter 441, FSA) vacation or compensatory time, sick leave
benefits or any other amenities of employment to any BSO
Personnel performing services, duties and responsibilities
hereunder for the benefit of said CITY and the residents
thereof or any other liabilities whatsoever, unless otherwise
specifically provided herein. Likewise, unless specifically
provided to the contrary herein, the CITY shall not be liable
for compensation, contribution or indemnity to BSO or the
employees thereof for any injury or illness, of any kind
whatsoever, arising out of such employment and the perform-
ance of the services, duties and responsibilities contem-
plated herein.
SHERIFF agrees that any employee transferring employment
from the CITY may transfer their accumulated hours of unused
sick leave, vacation benefits, holiday and compensatory time.
If a transferring employee leaves the employment of the
SHERIFF within three years of the effective date of the
contract, the liability for the payment of the accrued
Q:C
benefits will lie with the CITY. After the third year, the
liability for the payment of the accrued benefits will lie
with the BSO. The liability will be based upon the terms and
conditions of the FOP, PBA and FPE as they existed on June
30, 1989. In any event, the CITY shall not be liable for
benefits accrued by any employees during their tenure with
the SHERIFF.
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.
Employees of the City shall preserve their seniority
effective as of the date of hire with the City of Tamarac.
All due process rights established by law, olicproce-
dures, or contract shall be afforded to all gualified
de uties as those rights pertain to seniority, discipline,
layoff or discharge in the Broward Sheriffs Office.
The City acknowledges that there ma be members of the
police de artment who are either on light duty or excused
from duty by virtue of their entitlement to workmen's
compensation benefits. There shall be no obligation on the
art of the BSO to include these officers within their
department. However, when these officers are released b
their doctors to return to duty, the BSO shall be obliged to
consider them for appointment.
ARTICLE VI. EMPLOYMENT RIGHT OF CONTROL
BSO shall have and maintain the responsibility for and
the control of the rendition of the services, the standards
of performance, the discipline of personnel and other matters
incident to the performance of the services, duties and
responsibilities described and contemplated herein.
6.1 The CITY does hereby reserve the right and BSO does
hereby acquiesce in the CITY's right to require that BSO
transfer such personnel who, in the determination of the
CITY, fail to perform in a manner consistent with the
standards contemplated herein as same may be acceptable to
the CITY. Accordingly, BSO agrees to replace any such
transferred deputy forthwith, and such replacement personnel
shall be subject to the approval of the CITY.
6.2 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 geo-
graphy, its industrial, business and residential composition,
and its crime problems. In furtherance thereof, the parties
agree that, without impairing the rights of BSO as an
employer as provided in Article VI above, BSO shall not
remove, transfer or replace any of the personnel currently
assigned to the CITY without the written concurrence of the
CITY. In situations where a deputy requests a transfer in
order to accept a promotion or special assignment which has
been offered to him or her by BSO based upon his or her
special education qualifications or career path, such request
shall be submitted in writing and, upon verification of such
conditions, such request will be honored by the CITY. In any
event, the CITY agrees to the removal of a deputy who is
discharged by BSO for cause.
ARTICLE VII.
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
-10-
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 VIII. CONSIDERATION
8.1 The consideration to be paid by CITY to BSO shall
be in the total a sum of $ 1,093,581 DOLLARS for the three
(3) month period of time from July 1, 1989 through September
30, 1989, payable in monthly installments of $364,527 in
advance on the 1st day of each month, commencing July 1,
1989. The consideration to be paid by CITY to BSO shall be
in the total sum of $5,042,644 DOLLARS for the twelve (12)
month period of time from October 1, 1989 through September
30, 1990, payable in monthly installments of $420,220.
8.2 The CITY agrees that the annualized cost of the
1989/1990 fiscal year is $5,042,644 Dollars. The CITY
further agrees to pay for annual contract increases which
shall not exceed the following schedule:
1990/1991
Budget -
3.5%
1991/1992
Budget -
4.5%
1992/1992
Budget -
5.0%
1993/1994
Budget -
5.0%
-11-
Said increase shall only be approved after the Sheriff
has provided detailed financial backup justifying the
increase to the CITY.
8.3 Otherwise, the consideration recited herein consti-
tutes the entire consideration to be paid hereunder and upon
the payment thereof, in the manner and at the times pre-
scribed herein, the CITY shall have no further monetary
obligations to BSO or any third party providing services
described in this Service Agreement.
8.4 The CITY shall take as a credit against the monthly
payment, on an hour -for -hour basis, those required services
set forth in Article 1.2.
ARTICLE IX. FINES, FORFEITURES; PAYMENT
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
BSO and used by BSO for the law enforcementeducation pur-
poses authorized in said statute. Apart from such funds, BSO
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.
9.1 CITY and BSO do hereby acknowledge, one to the
other, that nothing contained herein shall in anywise be
construed to vitiate the CITY's right to the disposition of
fines and forfeitures to which the CITY would be entitled,
pursuant to Section 316.0261 F.S.A., as the same may be
amended from time to time, or as to proceeds and forfeitures
arising under the sale or disposition of unclaimed property
or under any statutory or common law proceedings to which the
-12-
City would otherwise be entitled, except as limited by
Section 9.2 hereof.
9.2 BSO agrees that any property or currency seized
within the Tamarac District, pursuant to Chapter 932 of the
Florida Statutes, and subsequently forfeited to BSO, shall be
specifically designated and used within the Tamarac District
for purposes set forth in Chapter 932.
9.3 BSO shall, on a quarterly basis, supply the CITY a
written record of such fines and forfeitures to which the
CITY is entitled as a result of the enforcement of the
ordinances of the CITY and laws of the State of Florida.
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 adjudi-
cated. 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 change of status with regard to the seizure of such
property.
ARTICLE X. SPECIAL EQUIPMENT; PROVISO
BSO shall provide, in furtherance of the fulfillment of
the responsibilities imposed hereby and the intent contem-
plated herein, without additional costs therefor, fully
equipped patrol vehicles which shall bear, in addition to
such other names as might be required by law, the name
"Tamarac" in letters no less than two (2) inches in height.
ARTICLE XI. DISTRICT COMMANDER
A District Commander shall be maintained between the
CITY and BSO through the Sheriff and/or his designee, who
-13-
shall meet and confer with the City Manager or his designee
for the purpose of maintaining the viability and vitality of
this Service Agreement.
11.1 The CITY shall have the right to appoint the
District Commander from among the BSO personnel within and
without the Tamarac District, subject to the concurrence of
the Sheriff, 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 CITY. During the tenure of such appointee, the
appointee shall not be demoted in rank or involuntarily
separated from BSO except for just cause.
11.2 BSO shall continually maintain at the CITY, in the
offices provided for such purpose by the Police Facility
Lease, its District Command Office which shall be manned by
the District Commander officer who shall serve on a full-time
basis, until such time as the City concurs in the transfer or
change of duty imposed upon him.
11.3 In the event that the District Commander shall be
permanently incapacitated or shall be separated from the
service of BSO voluntarily or for just cause or such appoint-
ment shall be rescinded by the City, a replacement shall be
appointed, subject to the approval of the CITY.
11.4 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.
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ARTICLE XII. CITY DISTRICT
BSO shall maintain a division headquarters in the CITY,
which division headquarters shall be referred to and known as
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"Office of the Sheriff of Broward County, Tamarac District",
7515 North West 88th Avenue, Tamarac, Florida 33321-2401.
ARTICLE XIII. INSURANCE
BSO shall maintain, in addition to those policies of
insurance required and contemplated in Article V hereof,
policies of liability, excess liability, automobile, excess
automobile, umbrella and excess umbrella, in the amounts
hereinafter described:
13.1 General Liability $1,000,000/$1,000,000.00
13.2 Automobile Liability $1,000,000/-$1,000,000.00
13.3 BSO shall provide, moreover, a co-insured endorse-
ment to the above described policies of liability, excess
liability coverage, automobile, excess automobile, umbrella
and excess umbrella reflecting thereon the CITY as co-insured
with respect to any and all claims of liability which may be
made against CITY or which may arise out of or as the result
of the intentional and/or negligent acts of the employees of
BSO.
13.4 BSO shall maintain the respective policies of
liability, excess liability, automobile, excess automobile,
umbrella and excess umbrella throughout the term of this
Service Agreement, as the same may be extended in accordance
with the provisions hereof.
13.5 BSO shall provide
City with a copy
of the respec-
tive policies of insurance required hereunder, including the
thereto thereof, in that the
endorsements and renewals
order
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.
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13.6 The costs of all policies of insurance required
hereunder shall be the obligation of BSO, and the CITY shall
in no way be responsible therefor.
ARTICLE XIV. HOLD HARMLESS
BSO shall hold CITY 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 intentional or negligent
acts of the employees of BSO; 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
intentional or negligent acts and the alleged intentional or
alleged negligent acts of the employees of BSO.
ARTICLE XV. INDEPENDENT CONTRACTOR
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BSO, for the purposes of this Service Agreement, is and
shall remain an independent contractors provided, however,
such independent contractor status shall not diminish the
power and authority vested in BSO and its sworn officers
pursuant to Article VII.
ARTICLE XVI. TERM
This Service Agreement shall remain in full force and
effect commencing July 1, 1989 and ending September 30, 1994,
all dates inclusive, unless this Service Agreement be
otherwise extended or terminated in accordance with the terms
hereof.
ARTICLE XVII. OPTION TO RENEW
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The parties agree that this Agreement shall be renewable
at the option of the CITY for a two-year successive fiscal
term (October 1, 1994 through September 30, 1996) upon the
good faith renegotiation of the terms and financial
conditions hereof at an annual cost increase not to exceed
five (5%) percent.
17.1 The CITY shall exercise such option by providing
written notice of its intent so to do, which notice shall be
evidenced by a Resolution duly enacted by the City Council of
CITY.
17.2 The notice of exercise shall be furnished to BSO
not later than the 1st day of May, 1994, but not sooner than
the 1st day of March, 1994; provided, in every event, the
first session of renegotiation shall take place prior to June
1, 1994.
17.3 In the event of such exercise, BSO shall indicate
its acknowledgement thereof in writing, delivered to CITY not
later than ten (10) days from the receipt of the appropriate
Resolution.
ARTICLE XVIII. TERMINATION
BSO does hereby acknowledge that CITY is making this
Agreement in reliance upon BSO's fulfillment of the obliga-
tions herein imposed for the full term contemplated herein.
Accordingly, BSO does hereby acknowledge that BSO shall have
no right of termination during the initial term hereof and/or
during the option period, should the CITY elect to exercise
same.
18.1 CITY may terminate this Service Agreement by giving
written notice thereof to BSO; provided, however, that such
termination shall not be effective until the ninety-first
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(91) day after the receipt thereof by BSO.
18.1.1 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 termina-
tion of service.
ARTICLE XIX. TRANSITION
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 other-
wise 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 ninety (90) days or until CITY is
capable of rendering such police service, whichever occurs
sooner.
19.1 The remunerations to be paid to BSO during the
transition period shall be commensurate with the remunera-
tions paid hereunder based upon the preceeding monthly
payment.
ARTICLE XX. EQUIPMENT PURCHASE AND RE -PURCHASE
In the event of the termination or upon the expiration
of this Agreement, CITY shall have the option to acquire from
SHERIFF, and upon the exercise of such option, SHERIFF shall
deliver to CITY any comparable piece of equipment, including
police vehicles, directly attributable to or in use by the
��
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Tamarac District at the time of such termination or expira-
tion of this agreement in connection with the services
contemplated herein.
20.1 The market value and condition of said equipment,
including vehicles, received from CITY, shall be determined
by mutual agreement/or appraisal prior to the execution of
this Service Agreement and in the event of termination or
expiration the CITY's exercise of option, SHERIFF shall
return to CITY a comparable number of vehicles and equipment
of comparable market value and condition. Upon determina-
tion, a list of these vehicles and equipment with values
specified shall be•memorialized in a letter of understanding
or an appendice to this Agreement. It is contemplated that
no monies shall be exchanged for vehicles/equipment returned
to CITY under this provision.
20.2 Upon the exercise by the CITY of its option to
the subject equipment, SHERIFF shall convey all of its right,
title and interest thereto, including police vehicles, to the
CITY by Bill of Sale Absolute or Certificate of Title, as
applicable.
ARTICLE XXI. AUTHORITY TO EXECUTE; NO CONFLICT CREATED
21.1 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 VIII of the Constitution of
the State of Florida and the Statutes of the State of
Florida, to the effect that:
21.1.1 His making and execution hereof shall create a
legal obligation upon himself and the Sheriff's Office of
Broward County, Florida, which shall be legally binding upon
theme
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21.1.2 The same shall be enforceable by the CITY accor-
ding and to the extent of the provisions hereof.
21.2 Nothing herein contained or no obligation on the
part of BSO to be performed hereunder shall in anywise be ,
contrary to or in contravention of any policy of insurance or
surety bond required of the Sheriff pursuant to the laws of
the State of Florida.
21.3 The City Manager, Mayor and City Clerk, 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 the Resolution of the City Council of
the CITY.
21.4 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 XXII. NOTICE
All notices required hereunder shall be by first class
mail, except that any Notice of Termination shall be mailed
via U.S. mail, return receipt requested and any notice
required hereunder shall be addressed to the party intended
to receive same at the following addresses:
22.1 CITY: c/o City Manager
7525 N.W. 88th Avenue
Tamarac, Florida 33321
22.2 BSO: Attention Sheriff
Broward County Sheriff's Office
Post Office Box 9507
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Ft. Lauderdale, Florida 33310
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ARTICLE XXIII. 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 Council of the CITY, which consent must
be evidenced by a duly passed Resolution.
ARTICLE XXIV. ENTIRE AGREEMENT AMENDMENT
The parties acknowledge, one to the other, that the
terms hereof constitute the entire understanding and agree-
ment 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 XXV. BINDING EFFECT
This Agreement shall inure to the benefit of and be
binding upon the respective parties' successors.
IN WITNESS WHEREOF, the parties hereto have caused their
respective agents to execute this instrument on their behalf,
at the times set forth below.
CITY OF TAMARAC
ATTEST: By:
NORMAN ABRAMOWITZ, MAYOR
CAROL A. EVANS, CITY CLERK
(SEAL)
By:
JOHN P. KELLY, CITY MANAGER
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
RICHARD L. DOODY,
CITY ATTORNEY
WITNESSES
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
COUNSEL TO THE SHERIFF
:BSO.Agreement
•
SHERIFF OF BROWARD COUNTY "BSO"
By:
SHERIFF
Dated:
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