HomeMy WebLinkAbout1989-06-05 - City Commission Special Meeting Minutes7525 NORTHWEST 88TH AVENUE a TAMARAC, FLORIDA 33321-2401
TELEPHONE (305) 722-5900
June 6, 1989
RECORD OF COUNCIL ACTIONS DISCUSSIONS
NOTICE OF SPECIAL MEETING
CITY COUNCIL OF TAMARAC, FLORIDA
PUBLIC HEARING
There will be a Special Meeting of the City Council held
on Monday, June 5, 1989 at 10:00 a.m. in the Council
Chambers, Tamarac City Hall, 7525 N.W. 88th Avenue, Tamarac,
Florida,
The purpose of this meeting is to conduct a Public
Hearing on the BSO matter.
FINAL ACTION:
Public Hearing was held. The next Public Hearing is
• scheduled to be held on Monday, June 12, 1989 at 7:30 p.m. in
the Council Chambers at City Hall.
Additional public hearings may be called if necessary.
All meetings are open to the public.
CAE/nr
Carol A. Evans
City Clerk
AN EQUAL OPPORTUNITY EMPLOYER
POLICY OF NONDISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS
CITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
MONDAY, JUNE 5, 1989
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Monday, June 5, 1989 at 10:00 A.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
Pledge of Allegiance followed by a Moment of Silent Meditation dedicated
to Mayor Abramowitz's mother, who passed away last week, and Claude
Pepper, Senator.
PRESENT:
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol A. Evans, City Clerk
Pauline Walaszek, Special Services
Secretary
This meeting was a Public Hearing regarding the proposed Broward
Sheriff's Office Contract.
Mayor Abramowitz thanked everyone who sent condolence
letters to him regarding his mother.
Mayor Abramowitz said the negotiations of the Contract
were completed at 6:00 P.M. last night; therefore, copies
of the proposed Contract were being made. He said the
copies would be distributed to the Public shortly.
Mayor Abramowitz said the format of the meeting would
consist of reviewing the Contract Section by Section. He
asked the members of the Public who wanted to speak on
this matter to sign their names on the list available at
the recording desk in the front of the Chambers. He
asked that the Public not be repetitive, debating and
limit their comments to three minutes.
City Manager Kelly announced that Police Chief Joseph .
McIntosh and Lieutenant Andrew Koerick were present. He
said he would prefer to continue the meeting when copies
of the Contract were available to the Public.
At 10:10 A.M., Mayor Abramowitz RECESSED this meeting and
RECONVENED at 10:20 A.M., with ALL PRESENT.
At this time, City Manager Kelly read the proposed
Contract in it's entirety. (SEE ATTACHMENT)
TAPE 2
Mayor Abramowitz asked Police Chief McIntosh to address
the City Council and Public on this matter.
Joseph McIntosh, Police Chief, said he was not prepared
to make a statement; however, he would comment on the
proposed merge with the Broward Sheriff's Office.
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Chief McIntosh said he felt that this proposal would
assist the residents in receiving more service. He said
he was a resident as well as the Police Chief and he felt
that merging with ,the Broward Sheriff's Office would give
the City more patrol and service than what the City was
presently receiving.
Chief McIntosh said last year there were 485 burglaries,
364 were in homes. He said the residents who have
experienced the burglaries knew how dramatic this type of
experience was. He said crime would not be eliminated by
increasing the service; however, there was crime in the
City that the residents were not aware of.
Chief McIntosh said last summer the City annexed an area
that consisted of approximately 3,000 people. He said
the area annexed was very busy and the City did not
receive any additional Police to cover the area;
therefore, the patrol in the other areas was decreased.
He said there were shopping centers in the area that have
increased in crime such as purse snatching, robberies and
burglaries. He said there were several rental areas that
had very serious problems and he did not have the
manpower to give those areas the service which was
needed.
Chief McIntosh said merging with the Broward Sheriff's
Office would provide service and specialized units at no
cost to the City. He said the Broward Sheriff's Office
dealt with every type of Police matter existing.
At this time, Mayor Abramowitz asked the residents that
were on the list to limit their remarks to three minutes
and not be repetitive with the comments of the person
before them.
Melanie Reynolds, Resident of Sands Point, said the
Broward Sheriff's Office did not have the authority to
execute the Agreement. She said Article 8 of the
Constitution indicated that a Referendum was needed and
it stated, "Transfer of powers by law are by Resolution
of the Governing Bodies of each of the Governments
effecting any function or power of the County or
Municipality, etc., after approval by a vote of electors
of both Bodies."
Mrs. Reynolds said the State Statute and County
Government Statute 125, indicated that the County may
contract to provide services to Municipalities and is
it's legislative intent of this Act to prevent Counties
to contract for services in Municipalities as provided by
Article 8, Section 4. She said in addition to the powers
enumerated in the Chapter, the legislative and governing
Body of the County shall have the power to contract with
a Municipality within the County for Fire protection, Law
Enforcement, etc. She said the Sheriff's Office was not
mentioned in this Section.
Mrs. Reynolds said the County Charter, Section 1.05,
stated, "The County shall have power and authority to
assume and perform all functions and obligations, now or
hereafter performed by any Municipality, etc." She said
none of the documents indicated that the Sheriff had any
power but the legislative Body had the authority to
transfer. She asked why the City was negotiating with
the Broward Sheriff's Office as opposed to the County
Commission.
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James Moore, Resident of Mainlands 7, asked why the 62%
increase in the Police Department Budget did not provide
adequate service when the Broward Sheriff's Office
claimed a 5 year increase of 28% would provide the
services. He asked if a lot of the services of the
Broward Sheriff's Office were being subsidized by County
funds. He asked what would happen with the lease on the
Police Facility if the City decided to withdraw from the
Agreement with the Broward Sheriff's Office. He asked if
the lease would be covering the Bond retainments or
continue being paid by the taxpayers.
City Manager Kelly said the terms of the Lease Agreement
would provide that the Broward Sheriff's Office would
offset the costs of the Police Facility. He said the
rental of the facility would be $10.00 per square footage
which would be $240,000.00 and the Debt Service was
approximately $264,000.00 for the next 5 years with
changes in costs for the remaining 28 years of the Bond
Indenture. He said the Broward Sheriff's Office would be
paying $50,000.00 for the furniture which would offset
the City's cost in the first year. He said the City
would be covered in the first year's costs for the next
three years and, in each ceding year as the contract
increased, the rental of the facility would also
increase. He said the Broward Sheriff's Office would
also be paying the Public Works Department for the
maintenance of the facility which would be $70,000.00 for
the first year.
Mr. Moore asked why all of the registered voters did not
receive the letters sent.by the City and Mayor Abramowitz
said the City received the labels of all the registered
voters of the City from Jane Carroll, Supervisor of
Elections. Mayor Abramowitz said if the residents did
not receive the letters within the next few days, they
should call the City. He said he asked that the letters
be sent by bulk mail because it would save approximately
$3,000.00. He said 16,000 letters were sent out and he
would like to know why some residents received the letter
and some did not.
Irving Katz, Resident of Lakes Carriage Hills, said there
were certain questions which were not answered such as,
What the difference in the tax base would be if the City
retained their own Police Department.
Mr. Katz suggested that one of the alternatives be a
disclosure as to what it would cost to subsidize the
difference in the services which the residents were not
presently receiving. He said he would like to review the
copy of the Lease Agreement to see how many Police
Officers on disability with the City have returned to
work because of the Broward Sheriff's Office matter.
Mayor Abramowitz said all of the questions asked by the
residents would be answered and Mr. Katz said he would
like the residents informed of the answers at a Public
meeting.
City Manager Kelly said if the costs required to fund the
proposed Budget of the Police Department were available
the level of service that could be provided by the
Broward Sheriff's Office would not be available by the
Tamarac Police Department. He said if there were Tamarac
Police Officers out sick, they could not presently be
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replaced because there was no one available; however, the
Broward Sheriff's Office would be contracted to provide a
set level of service that had to be met.
Mr. Katz asked what the cost would be to the residents in
retaining the Police Department at the appropriate level
of service and allow the residents to decide for
themselves if they wanted to pay the extra costs.
City Manager Kelly said the cost would be approximately one million dollars.
Mayor Abramowitz asked if the Budgetary process would be
started soon and City Manager Kelly said the Budgetary
process began approximately one month ago.
Mayor Abramowitz said the City Manager was required to
Prepare two Budgets because of this matter in case the
Broward Sheriff's Office merge was not approved by the
City Council. He suggested that residents who were not
aware of the Budget reviews attend the meetings to see
what was required. He said the Budgetary figures were
estimates and there was presently a deficit of
approximately one million dollars in development fees.
He said until the Budget process was completed the
estimated costs were not available to be discussed.
Vickie Beech, Resident, said she was interested in the
residents receiving good and honest law enforcement
whether it be with the Broward Sheriff's Office or the
Tamarac Police Department. She said at the April 12,
1989 City Council meeting, she confronted the City
Council regarding the rumor of merging with the Broward
Sheriff's Office and Mayor Abramowitz indicated that he
and the City Council were not aware of anything like this
occurring.
Mrs. Beech said she was sure that City Manager Kelly
would not proceed in negotiations to give away something
that belonged to the City without being directed or
encouraged to do so. She said she was concerned with the
covert action taking place in the City which affected
each taxpayer and resident in the City. She said she
asked that a courtesy be given to the residents to vote
on the matter as they were given the courtesy to vote on
the Bond Indenture; however, she felt that someone was
setting their own personal agenda which would not benefit
the people of the City.
Mayor Abramowitz said since becoming Mayot, he has
listened to the residents making statements that were not
factual and he has not rebutted them; however, this would
no longer take place. He said when Mrs. Beech confronted
the City Council on the Broward Sheriff's Office matter
he informed her that the Mayor and City Council did not
receive the first document relating to this particular
procedure,,
Mayor Abramowitz said City Manager Kelly was directed by
the City Council to enter into the negotiations with the
Broward Sheriff's Office. He read an Article from the
Fort Lauderdale News/Sun Sentinel dated Friday, May 5,
1989 which stated, "Law makers should allow Counties to
impose tax without a Referendum". He said he would like
to substitute "County Commissions" with "City Councils"
and he quoted the following; "City Councils were elected
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to make tough decisions about taxes and spending and to
be held accountable for those decisions, not pass the
buck to voters on a Referendum". r
Mayor Abramowitz said if the residents wanted trained
monkeys as a City Council, rather than people who have
the ability to listen and try hard to act in the benefit
of the City, they elected the wrong person.
Mrs. Beech said the City Council was elected as temporary
caretakers of the City.
Harold Newman, Resident, said he advocated a binding
Referendum to resolve the Broward Sheriff's Office
matter. He said 5 years ago when he first met Mayor
Abramowitz, Mayor Abramowitz sought his advise regarding
the building of strip stores on 88th Avenue, opposite
Woodmont, which Mayor Abramowitz was against. He said
Mayor Abramowitz was against several proposed
developments surrounding Woodmont. He said if it would
not have been for those residents against past actions in
the previous years, legislation would have been enacted
against the will of the people and not in the best
interest of the City.
Mr. Newman said he attended two of Mayor Abramowitz's
Clubhouse presentations on the Broward Sheriff's Office
matter where only Mayor Abramowitz's opinion was heard.
He said Mayor Abramowitz degraded the Police Force and
described the Police Officers as walking wounded as well
as with other descriptive cliches. He said Mayor
Abramowitz commented about Officers sleeping in Police
cars and, if the City merged with the Broward Sheriff's
Office, the City could eliminate some of the Officers
that could not be discharged presently.
Mr. Newman said he was under the opinion that all of the
current Officers would remain in Tamarac. He said when
Mayor Abramowitz became Mayor, a problem Police Force was
not inherited; therefore, something had to occur or
nothing was being done. He said the City Council may
have been so busy enjoying the pleasures of being
politicians that they neglected to review the matters
with the Police Department. He said the problems did not
occur overnight; therefore, there should not be a rush to
enter into a contract with the Broward Sheriff's Office.
Mr. Newman said based on the statements made to the press
and during Clubhouse presentations, a picture of gloom,
doom and despair was painted; however, there seemed to be
an Administrative/Management problem which was out of
hand. He said merging with the Broward Sheriff's Office
would not remedy the problem but create a greater problem
for the residents within the next 5 years at a cost of
$27,500,000.00.
Mr. Newman said the City Council indicated that the City
was financially in trouble; however, it seemed to be
another scare tactic and similar to the exaggeration of
the crime in the City. He said if all said was to be
true, the crime would not be eliminated with the merge.
He said it was time to get the City back on track as
opposed to giving it away. He said a City Council member
indicated, "What do the people of the City know", during
discussion of a binding Referendum.
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Mr. Newman said as a member of the Petitioners Committee,
he requested a full disclosure of the Broward Sheriff's
Office contract to qualify the electpr.s of Tamarac to be
allowed to vote "yes" or "no" in a binding Referendum
regarding the City entering into a contract with the
Broward Sheriff's Office, thereby eliminating the Tamarac
Police Department. He said Mayor Abramowitz's campaign
pledge was, "We pledge to always hear you, always help
you". He said the residents were now talking; however,
the City Council was not listening.
Si Bauer, Resident, suggested that the City Council allow
the residents to have their say and vote on this matter
through a Referendum.
Sam Nadan, Resident of Sands Point, said the last time
there was a Referendum, he was in favor of merging with
the Broward Sheriff's Office; however, at that time, the
two and one half million dollars for the Police Facility
was not approved and the communication system was not
considered.
Mr. Nadan said he understood the Florida State
Constitution called for a Referendum of the residentg for
a transfer of power in their City. He said the City
Council was elected by the people; however, the City
Council acted as though they did not need the people once
they were elected. He said the City Council should
listen to their constituents. He said he felt this
matter to be taxation without representation because the
City Council would be requiring the residents to spend
money without having the right to agree with it. He said
he felt that his civil rights were being ignored because
he should have the right to say how his tax money was
being spent.
Mr. Nadan said if the merge with the Broward Sheriff's
Office was so good for the City it should put it on
Referendum because everyone would vote for it.
Ralph Scharfman, President of the Tamarac Democratic
Club, said at their last meeting, the Tamarac Democratic
Club passed a Motion to have a binding Referendum
regarding the Broward Sheriff's Office merge.
Bernard Hart, Resident of Section 16, said the letter
regarding the Broward Sheriff's Office, which was sent to
the people, contained two letters from two Mayor's of
Cities that had a contract with the Broward Sheriff's
Office. He said the letters indicated the opinions of
the Mayor's regarding the Contract with the Broward
Sheriff's Office; however, there were 26 Communities in
West Broward County and 22 of those Communities would not
even consider a contract with the Broward Sheriff's
Office. He asked why these Cities were not contacted for
their opinions.
Mr. Hart said last year, the City's Operating Budget was
increased by two and one half million dollars and the
millage increased from 3.03% to 3.36%. He said the City
was receiving $.13 per $1,000.00 extra funds in the City
and the people should have the right to decide whether
the City should merge with the Broward Sheriff's Office.
He said if the contract would benefit the residents, he
would support it; however, the people should have the
right to decide on the expenditure of $27,500,000.00 over
5 years.
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TAPE 3
1
Mr. Hart said the City Manager indicated that the City
would have a shortfall of one million dollars in
development fees; however, two years ago, the City
Manager and Finance Director indicated during the Budget
review that this would occur. He said last year the City
Council increased the Building Department's Budget by
$116,000.00 and added two more high priced executives.
Mr. Hart said recently this matter was debated at the
Democratic Club and a Councilmember stated that the
people should listen to all of the facts, study the
contract and then vote. He said he asked this
Councilmember if the City Council would allow the people
to vote and make a Motion to allow the residents to vote.
Mayor Abramowitz said he contacted the Supervisor of
Elections because of previous comments regarding the vote
on the last Referendum regarding the Broward Sheriff's
Office. He said the November 4, 1986 Election was a
State Election which consisted of voting for the United
States Senate, House of Representatives, Members of
Congress, Governor, Controller, Secretary of State,
Attorney General, Treasurer, Commissioners of Education
and Agriculture, County Commission for Districts 2 and 6,
County School Board Districts 4, 6 and 7, Retention of
all State Judges, State Senate Districts 26, 30 and 32,
State House of Representatives 87, 88, 91, 92, 94, 95, 96
and 99, Port Authority Districts 2 and 4, Gambling Issue,
Lottery Issue, etc.
Mr. Hart said the turn out for voting on the Broward
Sheriff's Office issue during this Election was 60% of
the registered voters of the City and out of 23
Precincts, 16 Precincts voted "no".
Mayor Abramowitz said the statistic given by Mr. Hart was
not correct.
Sam Pizzarello, Resident east of State Road 7, said he
felt that his area was neglected by the Police
Department; however, they paid more than any other areas
in the City for the services. He said the Police
Department did not have the manpower and the only time a
Police Officer was seen in the area was during 911
emergency calls. He asked how many Mayors his Section
had to have before they received Police protection. He
said his Section may see protection with this City
Council.
Charles Wiesenthal, Resident of Timber Point, asked the
City Attorney if a binding Referendum was called for
under the State Constitution, Section 8.
City Attorney Doody said the Section of the State
Constitution being referred to concerned a transfer of
power which required a Referendum. He said merging with
the Broward Sheriff's Office was not a transfer of power
and the proposed contract provided that the City hold the
power. He said the City could terminate the contract at
any time and control the transfers of personnel. He
suggested that the Palm Beach case be reviewed because it
addressed the concerns of the residents.
Mr. Wiesenthal asked if there would be a Performance Bond
filed by the Broward Sheriff's Office to assure better
performance than what the City was presently receiving.
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City Manager Kelly said this was not considered in the
contract and Mr. Wiesenthal asked if the performance of
the Broward Sheriff's Office would be monitored and why
it was not provided in the contract.
Mayor Abramowitz said the contract did provide that the
City could cancel the contract if they were dissatisfied
with the services of the Broward Sheriff's Office.
Mr. Wiesenthal said he was concerned with funds being
held in escrow in case the City was inconvenienced by not
receiving the appropriate services by the Broward
Sheriff's Office.
C/M Hoffman said that a Performance Bond was not required
because the City did not feel that it was necessary. He
said he would consider this request and, if he felt it
was necessary, he would bring the matter back to the City
Council.
Mr. Wiesenthal asked if the City Council considered the
affect to the contract because of the Budget given by
State and County and Mayor Abramowitz replied, yes.
Anthony Grimaldi, Resident of Sunflower/Heathgate, said
there was enough said and voted upon by the residents
which indicated that the residents wanted to be heard
regarding this issue. He said the City Council has been
informing several residents that the Broward Sheriff's
Office contract was in the best interest of the City;
however, the residents wanted the right to decide this.
Mr. Grimaldi said there were statistics mentioned by
Mayor Abramowitz and Bernard Hart; however, the
statistics indicated that 60% of the votes were against
the Broward Sheriff's Office merge. He said Mayor
Abramowitz indicated that the Police personnel were not
performing properly and maybe with another type of
administration of the Police Department would improve
this matter. He suggested that the residents be given a
binding Referendum on the matter.
Abe Garr, Resident of Kings Point/Civics Association,
said the City Council was elected by a majority as the
voters of Tamarac and acted in the same capacity of the
Congress of the United States. He said the residents
lived within the confines of the City and budgetary means
were of concern to meet the lifestyles of the residents.
He said the City Council was trying to do a service for
the residents and they were doing so by finding a most
feasible way without cutting corners.
Mr. Garr asked if the residents had enough confidence in
the City Council to make decisions in the best interest
of the residents. He said a Referendum was not a true
representation of the residents and he felt that most
appropriate way to handle this matter was to allow the
City Council to act on this matter.
Lawrence Schneider, Resident of Lakes of Carriage Hills,
said he knew nothing about the contract and, in fairness
to the residents, a Referendum should be given. He said
the residents should be given information about what it
would cost them to retain their own Police Department. He
said there was a Fiscal problem in the City and the City
Council should not depend on the Broward Sheriff's Office
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to correct the problem. He said the City should concern
themselves more with the businesses and industry in the
City to assist in the shortfall.
Sara Schlosser, Resident of Section 23, said the letter
she received from City Manager Kelly gave three options.
She said the first option indicated that services would
be decreased; however, the services to be decreased were
not mentioned. She said the second option indicated a
Utility Tax and she asked what was meant by a Utility
Tax. She said the last option and best option was a
contract with the Broward Sheriff's Office. She asked
why the City waited 5 years for the overrun to become
62.1% when it could have been handled 2 years ago when
the overrun was 30%. She said she did not understand the
lowest cost being in the last year. She said several
years ago the residents voted on the Broward Sheriff's
Office matter and she asked why residents were not voting
again.
Mayor Abramowitz called for the next person on the list,
Sid Fradin; however, he was not present.
Joseph Schreiber, Resident of Kings Point/Clairmont,
suggested that the City Council limit their remarks so
that the residents would have time to speak. He said he
agreed with each word Harold Newman said in addressing
the City Council.
Mr. Schreiber said the letter sent to the residents
indicated that the City had a financial dilemma and he
asked why. He said the City Council inherited a Budget
in March, 1988, which had a surplus of $6,333,376.00;
however, the City Council enacted a Budget this year with
a surplus in the amount of $675,000.00 and all of a
sudden their were no funds available because the Police
Chief asked for 1.1 million dollars more. He said it
seemed that the Administration was either not doing its
job or did not know how to handle money.
Mr. Schreiber said the contract indicated that the City
would have control over the Personnel of the Broward
Sheriff's Office. He said Page 6 of the Contract
indicated that the City Manager and District Commander
could control the schedule of personnel providing that
the Broward Sheriff's Office concurred, which meant that
the City Manager and District Commander could not do this
if the Broward Sheriff's Office did not agree.
Mr. Schreiber said the insurance provision in the
original contract was not in the contract recently
distributed to the residents. He said if the City was
sued, it would have to carry its own separate insurance
and this matter should be reviewed because it could be
costly. He said there was no mention made in the
contract regarding the Broward Sheriff's Office leasing
the Police Facility.
Shirley Blumfield, Resident of Isles of Tamarac, said 60%
of the voters in November 4, 1986 did not vote against
the Broward Sheriff's Office issue; however, 840 people
did vote against it. She said 60% was the entire
percentage of voters and all of the things quoted by
Mayor Abramowitz were voted upon. She said when the
Broward Sheriff's Office matter was voted down the
original contract was $3,694,000.00 for 1986/87 and, in
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1987/88, there would be an increase to $3,878,000.00;
however, $37,500.00 would be given for the lease of the
old City Hall.
Mrs. Blumfield said the Budget for 1987/88 indicated a
25% increase in the amount of $4,684,000.00 and, in
1988/89, the increase was $5,009,000.00 which was another
25% increase. She asked how long the increases could
continue. She said the City did not receive better
services because the residents voted against the Broward
Sheriff's Office and the services would not be provided
to the residents in 1989 if they retained their own
Police Department. She said if the Tamarac Police
Department was retained and increased ad valorem taxes
would be implemented, maybe utility taxes would make up
the deficit. She said the utility tax would include
water and sewer, telephone, electric and all of the
utility bills that the residents paid.
Mrs. Blumfield said the vote against the previous Broward
Sheriff's Office issue cost the residents a three million
dollar Police Station with a Debt Service. She said the
City would have kept their old City Hall; however,
because of the existing condition of the old City Hall,
she did not see how it could be sold.
Mrs. Blumfield said because the voters were against the
previous Broward Sheriff's Office issue, the City lost
$250,000.00 per year which amounted to $750,000.00. She
said if a Referendum was held, the Budget submitted for
Fiscal Year 1988/89 would have to be higher because the
City would have to assume that the City would retain the
Police Department; therefore, the ad valorem and,
perhaps, a utility tax would be implemented.
Mrs. Blumfield said if a Referendum was held and the
Broward Sheriff's Office issue was approved, the taxes
would remain. She said the rights of the people would
not be infringed upon if the residents allowed the City
Council to sign the agreement; however, the rights of the
City Council would be infringed upon if there was a
Referendum. She said the City Council was elected to
legislate and, for the good of the people, the contract
must not be delayed any further.
Mary Seidel, Resident of Kings Point, asked how much it
would cost for a Referendum, how much it would cost the
residents to retain the Police Department and how could
the Broward Sheriff's Office absorb the City's Police
personnel without increasing the County's taxes.
Mayor Abramowitz asked Carol A. Evans, City Clerk, how
much a Referendum would cost and Ms. Evans said the cost
for a Referendum was approximately $22,000.00.
Mayor Abramowitz said the configuration of $27,000,000.00
was a total of 5 year expenditures with the increases of
the proposal to the Broward Sheriff's Office. He said if
the City retained their own Police Department it was
estimated that it would cost the City approximately
$37,000,000.00 in 5 years.
Mayor Abramowitz said every person that lived in Broward
County was presently paying for the Broward Sheriff's
Office and the City of Tamarac was not receiving services
from them. He said the Broward County Commission was not
pleased with the City of Tamarac going into a contractual
obligation with the Broward Sheriff's Office because the
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surrounding Cities would have to pay for the City like
the City of Tamarac paid for the Cites of Lauderdale
Lakes and Lauderhill for several yeais. He said his
number one priority was not the financial aspect of the
contract; however, his priority was the safety and
welfare of the residents.
Mr. Seidel said for the safety of the Senior Citizens 35%
more protection was worth it.
Helen �4a ssaro, Resident at 5601 NW 50 Avenue, said the
letter iht, received from the City contained two letters,
one from the City of Lauderdale Lakes and the other from
the City of Lauderhill. She said both of these Cities
inforiled her several times how sorry they were for
merging with the Broward Sheriff's Office and they were
not in the position to change because of the costs
involved.
Mrs. Massaro said the contract indicated that no monies
would be reimbursed to the City if the City decided to
terminate the contract; however, the old equipment or
comparable equipment would be returned. She said she saw
many problems in the proposed contract; however, she
would speak further about her concerns at the next Public
Hearing.
Mrs. Massaro said if the Police Department was
eliminated, the City would no longer be a full service
City. She said the City would be furthering the
possibility of having a Metropolitan District in Broward
County. She said everyone was aware of the outcome when
Dade County became a Metropolitan District and she hoped
that the City never had to face those problems.
Mrs. Massaro said the letters that were sent to the
residents were not informative; therefore, they were
needless. She said she was sure the City Manager could
have created a more informative letter. She said there
were so many unanswered questions and the scare tactics
were not working. She said the City contained proud
people and they would like the chance to indicate what
they wanted. She said she felt that the residents were
ready to pay the price for keeping their own Police
Department.
David Krantz, Resident of Section 23, thanked the City
Manager for the letter regarding the options open to the
residents. He said the first two options of cutting the
services and a utility tax would be disastrous to the
citizens. He said the third option seemed to be the most
feasible because it would provide more Police Officers,
patrol cars and would assist the City in the future costs
of a Police Department and the Police Facility. He said
the contract did not have to be permanent and the City
retained the right to terminate the contract at any time
without cost or reason. He said there were no risks and
he felt it would be to the City and residents' advantage
to merge with the Broward Sheriff's Office.
Mayor Abramowitz announced that there would be another
Public Hearing on the Broward Sheriff's Office issue on
June 12, 1989 at 7:30 P.M. He asked that the residents
who did not receive a copy of the letter go to the City
Clerk's Office after the meeting.
Page 11
6/5/89
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 12.25 P.M. t
1
"This public document was promulgated at a cost of $116.20 -�)r $14.53 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 9 S
City Clerk
1
Page 12
k_J1•/,'0
4-r)rAC.H M IiI T'r C-Avv ff",
Nra - (./S/�9
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 the Sheriff of Broward County, Florida, hereinafter
referred to collectively as "BSO",
W I T N E S S E 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, 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,
- 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:
ARTICLE�I. POLICE SERVICE; LEVEL OF
BSO shall provide to CITY for brhe 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
by the City of Tamarac and who are hired by the SHERIFF as
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,
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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.
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
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District 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. 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, B, C, D, E, F, G
and H 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
not include annual leave or training. Said credit shall be
calculated using the following hourly rates.
July 1, 1989 through September 30, 1989:
Deputy Sheriff, per hour .............522•65
Deputy Sheriff Sergeant, per hour ... ..$28.45
W.
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.
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
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;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 of
personnel both in and out of the Tamarac District except as
provided in Section 6.2 of the Agreement.
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:
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;
1
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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, 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 IV. ADDITIONAL SERVICES
,r
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
CITY and shall be payable in such amounts and in such a
marmer 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, workmen's 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.
BSO 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 BSO
within three years of the effective date of the contract, the
liability for the payment of the accrued 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 BSO.
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The parties agree that any employee taking leave of any
kind subsequent to June 30, 1989 wig] 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 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, proce-
dures, or agreement stall be afforded to all qualified
deputies as those rights pertain to seniority, discipline,
layoff or discharge in the Broward Sheriff's Office.
The City acknowledges that there may be personnel within
the police department who are either on light duty or excused
from duty by virtue of their entitlement to workmen's compen
sation benefits. There shall be no obligation on the part of
the BSO to include these personnel within their department.
However, when these personnel are released by their doctors
to return to duty, the BSO shall be obliged to consider them
for appointment. Except for light duty personnel, excused
personnel, and personnel who may fail the required drug test,
the BSO agrees to include all other Tamarac Police Department
personnel within the BSO.
ARTICLE V1.EMPLOYMENT=_ RIGHT_OF CONTROL
BSO shall have and maintain the responsibility for and
the control of the reddition of the services, the standards
of performance, the discipline of personnel and other matters
incident to the performance of the services, duties and w
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
Manager, 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 Manager.
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 Manager. 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
]a
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 VIII. CONSIDERATION
-------------------
8.1 The consideration to be paid by CITY to BSO shall
be in the net a sum of $1,033,581 DOLLARS for the three (3)
month period of time from July 1, 1989 through September 30,
1989, payable in monthly installments of $344,527 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 $5,082,644 DOLLARS for the twelve (12) month period of
time from October 1, 1989 through September 30, 1990, payable
in monthly installments of $423,544.
8.2 The CITY agrees that the net annualized cost (which
credits the BSO for the facility lease agreement) of the
1989/1990 fiscal year is $4,722,644. 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%
1992/1993 Budget - 5.0%
i
1993/1994 Budget - 5.0%
Said increase shall only be approved after the BSO 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 -far -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 enforcement education 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 impair 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
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or under any statutory or common law proceedings to which the
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 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 adjudicated.
Moreover, such report(s) shall be amended, from time to time,
by ref3ecting 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
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shall meet and confer with the City Manager or his designee .,..
f6k the purpose of maintaining the viability and vitality of
this Service Agreement. P
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 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.
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 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.
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 Manager.
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.
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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1
1
LJ
"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, automobile, excess automobile, in the
amounts hereinafter described:
13.1 General Liability
13.2 Automobile Liability
$110001000/$11000,000.00
$1,000,000/$1,000,000.00
13.3 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.
13.4 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.
13.5 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
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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
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
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 of the 1993--94
Agreement.
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, 19940 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.
17.4 Exercise of the renewal option of the Service
Agreement by the City shall obligate the continuation of the
Police Facility Lease Agreement by the BSO.
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 at its
discretion either with or without case, by giving written
notice thereof to BSO; provided, however, that such
termination shall not be effective until the ninety-first
(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.
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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 APPRAISAL AND TRANSFER PROVISIONS
In the event of the termination or upon the expiration
of this Agreement, CITY shall have the option to acquire from
ESO, and upon the exercise of such option, BSO shall deliver
to CITY any comparable piece of equipment, including
police vehicles, directly attributable to or in use by the
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
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l7�
by mutual agreement/or appraisal prior to the execution of
this Service Agreement and in the event of termination or
expiration of the CITY'; exercise of option, BSO 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. At the end of the five-year
agreement, the value of the appraised vehicles and equipment
may be negotiated as a credit towards the option renewal
costs.
20.2 Upon the exercise by the CITY of its option to
Possess the subject equipment, BSO 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 Broward Sheriff's
Office of Broward County, Florida, which shall be legally
binding upon them;
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21.1.2 The same shall be enforceable by the CITY accor-
ding and to the extent of the provisi&ns 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 BSO 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: City Manager
7525 N.W. 88th Avenue
Tamarac, Florida 33321
22.2 BSO: Sheriff
Broward County Sheriff's Office
Post Office Box 9507
_20_
Ft. Lauderdale, Florida 33310
f
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,qF TAMARAC
ATTEST: By:
N RMAN ABRAMOWITZI MAYOR
D tea h G
ZJAIOL A. VANS, CITY CLERK
(SEAL)
By
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
,P
RICHARD L. DOODY.
CITY ATTORNEY
SHERIFF OF BRO ARD COU Y "BSO"
it
WITNESSES By: SHERIFF
Dated:
G✓�- V _ A
I&
)VED S O AND
SU IE CY
�.--
3EL O HE SHERIFF
:BSO.Agreement
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