HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-046Temp. Reso. #12646
May 12, 2015
Pagel
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA APPROVING THE FOURTH
AMENDMENT TO THE AGREEMENT FOR POLICE
SERVICES BETWEEN THE CITY OF TAMARAC AND THE
BROWARD SHERIFF'S OFFICE, RENEWING THE
AGREEMENT UNDER THE EXISTING TERMS AND
CONDITIONS FOR A FIVE YEAR PERIOD EFFECTIVE
OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2020;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE FOURTH AMENDMENT TO THE
AGREEMENT FOR POLICE SERVICES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac currently contracts for police services with
the Broward Sheriff's Office; and
WHEREAS, the City of Tamarac is desirous of maintaining a high level of
competent professional police service in conjunction and harmony with its policies of
sound, economical management; and
WHEREAS, the City of Tamarac, through Resolution No. R-2010-146 on
December 8, 2010 entered into the existing agreement between the City of Tamarac
and the Broward Sheriffs Office for Police Services for a 5 year term commencing
on October 1, 2010, attached hereto as Exhibit 1; and
WHEREAS, the City of Tamarac, through Resolution No. R-2012-124 on
November 14, 2012 entered into the First Amendment to the Agreement in order to
Temp. Reso. #12646
May 12, 2015
Page2
provide an elevated level of police services by revising the staffing complement by
adding five additional deputies and one administrative staff; and
5
WHEREAS, the City of Tamarac, through Resolution No. R-2013-101 on
September 25, 2013 entered into the Second Amendment to the Agreement in order
to provide an
staffing for
City's Red -Light Camera Program
by revising
the staffing
complement
by adding
one additional motorcycle deputy
and one
Community
Service Aide; and
WHEREAS, the City of Tamarac, through Resolution No. R-2014-101 on May
143 2014 entered into the Third Amendment to the Agreement revising the staffing
complement to add one Community Service Aide; and
WHEREAS, the Special Terms and Conditions set forth in the Exhibit A of the
Agreement provide for an option to renew the Agreement for an additional 5 year
term; and
WHEREAS, the City of Tamarac and the Broward Sheriff's Office wish to
exercise the option to renew under the existing terms and conditions; and
WHERAS, the Assistant City Manager and the Director of Financial Services
recommend the approval and execution of the Fourth Amendment to the Agreement
for Police Services; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to approve and
authorize the appropriate City Officials to execute the Fourth Amendment to the
Agreement for Police Services between the City of Tamarac and the Broward
Sheriff's Office for a period to be effective October 1, 2015 - September 30, 2020.
Temp. Reso. #12646
May 12, 2015
Page3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1:
The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are incorporated herein and made a specific
part of this resolution.
SECTION 2:
The appropriate City Officials hereby approve the Fourth
Amendment to the Agreement for Police Services between the City of Tamarac and
the Broward Sheriff's Office, attached hereto as Exhibit 2.
SECTION 3:
The appropriate City Officials are hereby authorized to
execute the Fourth Amendment to the Agreement for Police Services between the
City of Tamarac and the Broward Sheriff's Office, attached hereto as Exhibit 2.
SECTION 4:
All resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 5:
If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
SECTION 6:
its passage and adoption.
This Resolution shall become effective immediately upon
PASSED, ADOPTED AND APPROVED this
ATTEST-
71f
PATRICIA TE
CITY CLERK
FEt, d MC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
T
/SAMUEL S. GOREN
CITY ATTORNEY
Temp. Reso. #12646
May 12, 2015
Page4
day of , 20
HARRY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL -i
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO ;
t
AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT FOR POLICE SERVICES, dated the I,*
Lo day of
L2� , is made by and between the CITY of TAMARAC (hereinafter
referred to as the "CITY") and the Sheriff of Broward County (hereinafter referred
to as `iBSo")
WIT NESSETH;
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
11
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
professional police service, and the CITY is desirous of contracting
services upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises
herein, and for other good and valuable consideration, the receipt
sufficiency of which are hereby acknowledged, the parties hereto
follows:
level of
for such
contained
and legal
agree as
1. The above recitals are true and correct and incorporated herein by
reference.
2. This Agreement is comprised of this document, the Special Terms and
Conditions set forth in Exhibit A, which is attached and incorporated herein
and the General Terms and Conditions that are set forth in Exhibit B,
which is also attached and incorporated herein.
3. In the event there is a conflict between the General Terms and Conditions
and the special Terms and Conditions, the Special Terms and Conditions
shall be controlling.
AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF TAMARAC
AND THE SHERIFF of BRoWARD COUNTY, FLORIDA
IN WITNESS HEREOF, each of the parties hereto have authorized its duly
authorized representative to execute this Agreement on the day and date first set
forth above.
BSo:
SHER
By:
AL LAMBERTI, Sheriff
Approved as to form and legal sufficiency subject to the execution by the parties:
:09
AGREEMENT FOR (POLICE SERVICES BETWEEN THE CITY OF TAMARAC
AND THE SHERIFF OF BROWARD COUNTY, FLORIDA
CITY.
V
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
SAWEL S. GORI
CITY ATTORNEY
CITY OF TAMARAC
pit
BETH TALABISCO
MAYOR
6uk -
fated:
r
,z
JEFFR,F_W L. MIL.I.ER
CITY MANAGER
Dated:
EXHIBIT A
SPECIAL TERMS AND CONDITIONS
The following Special Terms and Conditions have been agreed upon by and between the
CITY and B SO :
CITY. I City of Tamarac
EFFECTIVE DATE: I October 1, 2010
FIRST YEAR: I October 1, 2010 -- September 30, 2011
TERM: I October 1, 2010 -- September 30, 2015
RENEWAL OPTION: Renewable for one (1), five (5) year term upon the
City and BSO agreeing to such renewal and the terms
and conditions thereto.
CITY BOUNDARIES: As incorporated
STAFFING STRUCTURE:
1 District Chief
2 Executive Off cer/Lieutenant
8 Sergeants
65 Deputy Sheriffs (including 2 SROs)
13 Co=unity Service Aides
2 Clerical Assistants
1 Crime Analyst
M
MINIMUM STAFFING: 18 sworn personnel in a twenty-four hour period
CONSIDERATION: nla _J
First Year Annualized
11,686,630.00
Monthly Consideration
$ 973,88 5.83
Aggregate Not To Exceed
$ 113,6863,630.00
POLICE HEADQUARTERS
7515 Nam' 88 .venue
ADDRESS:
Tamarac, FL 33321
FACILITIES ADDRESSES:
7515 NW 88 Avenue
Tamarac, FL 33321
CODE ENFORCEMENT:
N
FUEL SITE:
ES OR �
NOTICE CITY ADDRESS, 4
Jeffrey L. Miller, City Manager
City of Tamarac
7525 Nib' 88"" Avenue
Tamarac, FL 33321
With a copy to the City Attomey at the same address.
Additional Services
n/a
I
EXHIBIT B
®EFINITIQN�
N
The following terms when used in this Agreement, including Its preamble and recitals,
shall, except where the context otherwise requires, have the following meanings (such
meanings to be equally applicable to the singular and plural forms thereof):
a. Agreement. "Agreement" shall mean this Agreement for Police Services between the
CITY and BSO, Including all exhibits.
b. Applicable Laws. "Applicable Laws" shall mean all provisions of constitutions, statutes,
laws, rules, ordinances, regulations, charters and orders of governmental bodies or
regulatory agencies applicable to the subject matter,
c. BSO. "BSO" shall mean the duly elected and qualified Sheriff of Broward County,
Florida.
d, CITY. "CITY" shall mean the City that has contracted with BSO for Police Services
pursuant to this Agreement and is identified in the Special Terms and Conditions.
e. CITY Boundaries. "CITY Boundaries" shall mean the area within the municipal
boundaries of the CITY, as shown in the Special Terms and Conditions of this
Agreement.
f. City Manager. "City Manager" shall mean the duly appointed and validly existing City
Manager of the CITY. In the absence of the City Manager, the Assistant City Manager
or person acting in the capacity of City Manager shall have the same authority as that
of the City Manager,
g. Consideration. "Consideration" shall mean the monthly payment and other amounts
payable by the CITY hereunder In consideration of the Services performed by BSO, as
set forth herein.
h. District. "District" shall mean (a) the CITY Boundaries, or (b) the Annexed CITY
Boundaries on the date the CITY's annexation plan becomes effective after the Florida
Legislature approves such annexation plan, provided BSO has received the required
notification thereof as set forth herein (c) any additional geographic area to be
serviced by the District employees based upon a mutual written agreement of the CITY
and BSO,
i. District Chief, "District Chief" shall mean the individual responsible for supervising all
law enforcement employees and law enforcement activities within the CITY, The
District Chief shall be the rank of Captain, The District Chief will serve as the liaison
between CITY and BSO.
j. District
Employees. "District
Employees"
shall mean BSO employees
permanently
assigned
to the
District who
possess the
necessary qualifications
and
experience
to
provide police and support services, and all other BSO employees and all other Persons
contracted by BSO, each of whom will, from time to time, provide the police services
to the CITY.
k. Effective Date. ""Effective Date"' shall ,,Wean the date In which the Agreement is to
commence. The Effective Gate is set forth In the Special Terms and Conditions of this
Agreement.
1. Facilities. "Facilities" shall mean that portion of the Police Headquarters which Is used
by BSO and any additional facilities that are owned by the city and used by BSO on a
permanent basis to provide police services. The Facilities are listed in the Special
Terms and Conditions of this Agreement.
m. Lien. "Lien" shall mean any lien,, security interest, pledge, mortgage, easement,
leasehold, assessment, covenant, restriction, reservation, conditional sale, prior
assignment, or any other encumbrance, claim, burden or charge of any nature
whatsoever.
n. Patrol Zone shall mean the geographic areas within the District, as mutually agreed
upon by the District Chief and the City Manager, in which Patrol Deputy Sheriffs are
assigned.
o. Police Headquarters. "Police Headquarters" shall mean the premises In which the BSO
command staff assigned to the CITY maint-ains their offices, The address of the Police
Headquarters Is set forth in the Special Terms and Conditions of this Agreement.
p. Police Services.
"'Police
Services" shall
mean the aggregate of all police related
services provided
by BSO
pursuant
to this
Agreement.
q. Renewal Option. "Renewal Option" shall mean the time period that the agreement
may be extended; the number of extensions and the means to exercise such option, as
set forth in the Special Terms and Conditions of this Agreement.
r. Term. "Term" shall mean the length of this Agreement and any extensions thereto.
s. Uniformed
Deputy.
"Uniformed
Deputy" shall mean a uniformed Deputy Sheriff
employed
by BSO who
patrols the
District.
Z. STA►FFINC
a. Structure, The staffing structure for the District shall be as set forth in the Special
Terms and Conditions of this Agreement and may be modified as set forth herein. The
Staffing Structure will not be modified except through a written amendment to this
Agreement executed by both the CITY and BSO with the same formalities as set forth
herein,
b. Deployment. BSO shall have the discretion to deploy the staff as necessary to meet
the goals and objectives of the CITY. The District chief will keep the City Manager
informed of the deployment of such personnel through weekly staff meetings and as
requested by the City Manager,
The District Chiefs
discretion regarding the deployment
of the personnel
shall be
exercised
with
the
intent of providing
the
most effective
police
services to
the
CITY
pursuant to the terms and conditions of this Agreement. The District Chief will keep
the City Manager informed of the deployment of such personnel through weekly staff
meetings and as requested by the City Manager. During such meetings, the City
Manager and District Chief will discuss the results of previous deployments, alternative
deployment strategies and the benefits and risks associated with each strategy.
c. Minimum Staffing. BSO will provide to the CITY a minimum number of deputy
sheriffs to patrol the CM in a twenty-four (24) hour period. The minimum number of
deputies will be set forth in the Special Terms and Conditions of this Agreement.
d. Employment Standards. BSO shall be responsible for setting employment standards
(Le. hiring, discipline, training) for District Employees consistent with BSO agency
standards. BSO is committed to providing the CITY with highly skilled law
enforcement personnel to provide police services to the CITY.
e. Employment Responsibilities. All Employees shall be and remain BSO employees,
and such employees shall not be considered employees of the CITY for purposes 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, Including City Plan contributions for those employees that elected to
remain in the City Plan, insurance premiums, workmen's compensation (Chapter 440,
Florida Statutes), vacation or compensatory time, sick leave benefits or any other
amenities of employment to any District Employee whatsoever, arising out of BSO's
employment of such Persons and such Persons' performance of the Services. The
CITY and BSO understand and acknowledge that all costs, including the employment
related costs, are included In the consideration payable by the CITY to BSO In
accordance with this agreement, Notwithstanding anything to the contrary contained
herein., CITY shall continue to be responsible for any claims attributed to employees
previously employed by the CITY who were recognized in the Initlal agreement
between BSO and the CITY for law enforcement services provided that such causes of
action were incurred during the time the employees were previously employed by the
CITY,
f. Staffing Review and Modifications. As part of the CITY's annual budgetary
process, BSO shall evaluate the Staffing requirements for the CITY to determine if the
current staffing level and composition adequately meets the City's goals and
objectives. If BSO believes the staffing requirements need to be adjusted, BSO will
provide staffing recommendations to the City Manager for review. If both parties agree
to the recommended staffing changes, this Agreement shall be reopened for
negotiations regarding Its terms and conditions as they relate to the staffing and the
Agreement shall be modified accordingly through an amendment executed by both the
CITY and BSO with the same formallties as contained herein.
In addition to the annual review, the District Chief shall have the right to request
staffing adjustment at any time during the year, Upon making such request to the
City Manager, the District Chief and City Manager will meet and discuss the need for
such adjustment. If the City Manager and District Chief agree upon the need for the
staffing adjustment, a formal amendment will be prepared and presented to the Sheriff
and City Commission for approval and signature.
I
In the event the CITY and BSO do not agree upon the Staffing Structure adjustments
after good faith negotiations and such unresolved adjustments impact the safety of
BSO employees or the public, either the CITY or BSO may proceed pursuant to the
dispute resolution procedures set forth herein.
g. Transfers — BSO"s Rights. BSO shall have the right to transfer any Employee out of
the District, for any of the following reasons:
a. An Employee requests a transfer in order to accept a promotion or special
assignment which has been offered to the Employee based upon the
Employee's special qualifications or career path.
b. Disciplinary reasons.
C. Failure of an Employee to meet BSO performance standards.
d. The Employee requests a transfer. BSO shall have the right to transfer
employees that request a transfer out of the District, however the number of
employees that are transferred for such reason shall not exceed three percent
(3%) of the total staffing structure annually as set forth the Special Terms and
Conditions of this Agreement, unless approved by the City Manager. There shall
be no limit on the number of transfers made pursuant to subsections a, b, and
c of this subsection of the Agreement.
Authorization of the City Manager shall be req u i red for the transfer of an Employee out
of the District for any reason not stated above. Authorization of the City Manager
must also be obtained for the transfer of an Employee out of the District for Employee
requested transfers under subsection d. above for those Employees that are not on the
Active Transfer Request List, and transfers for any reason not stated above. The
authorization of the City Manager shall not be unreasonably withheld.
Notwithstanding the
above provisions,
the
transfer of the
District
Chief shall be
governed
by specific
provisions related
to
the
District Chief as
set
forth
herein.
h. Transfers - city Right. Except for the District Chief, which is covered in Section g of
these General Terms and Conditions, the City Manager shall have the right to request
the transfer of BSO personnel out of the CITY, which shall not be arbitrary or
capricious. The request must be sent to the District Chief In writing setting forth the
name of the employee, employee's rank and the reason for the request. The request
must be approved in writing by BSO, however such approval shall not be unreasonably
withheld. If BSO approves the request, the employee will be transferred out of the
District as soon as reasonably possible, which will be based upon many factors
including, but not limited to, BSO having a vacant position elsewhere within the
agency to place the transferred employee that matches the qualifications of the
employee and the requirements of the position.
1. Transfers — Layoffs. Notwithstanding anything herein to the contrary, transfers in
and out of the District may result from employees exercising seniority rights pursuant
to the collective bargaining agreement in the event of layoffs at the Broward sheriff's
Office.
,j. Replacements. If an Employee is transferred out of the District, a replacement must
be approved by the City Manager prior to the transfer of the Employee out of the
District. The CITY understands and acknowledges that the transferred Employee may
be transferred out of the District prior to the replacement commencing services within
the District, provided the replacement has been approved by the City Manager and the
replacement commences services within a reasonable period of time, not to exceed
thirty (30) days. The approval of the City Manager shall not be unreasonably withheld.
k. Staffing Continuity. The CITY and BSO recognize the Importance of combining the
efforts and resources of BSO, the CITY and community members In order to have a
positive impact on reducing neighborhood crime, helping to reduce any community's
fears regarding crime and thus enhancing the quality of life throughout the CITY. It is
further recognized that such a collaborative effort requires laver enforcement personnel
that have intimate knowledge of the community. In furtherance of such objective,
BSO will make every reasonable effort to maintain the continuity of BSO law
enforcement personnel assigned to the District, subject to the transfer provisions set
forth herein and to develop and implement community policing initiatives.
1. Education. The parties acknowledge the importance of the District Employees'
knowledge of the general make-up of the CITY and its geographic areas, Its industrial,
business, and residential composition, its city Code of Ordinances, and Its crime
problems. BSO shall offer appropriate continuing education to assure that all District
Employees are acquainted with the District's general make-up, geographic areas,
Industrial, business, City's Code of Ordinances and residential composition and its
crime problems. Upon enactment, the CITY shall forward to the District Chief a copy of
new ordinances for training and enforcement purposes,
3. ASSIGNMENT aF PQLI,CE PQWERS
4.
The CITY does hereby vest in each sworn District Deputy Sheriff of BSO the police powers
of the CITY which are necessary to implement and carry forth such law enforcement
services, for the sole and limited purpose of giving official and lawful status and validity to
the performance thereof by such sworn deputies. Each sworn District Deputy Sheriff of
BSO so empowered hereby and engaged in the performance of the laver enforcement
services shall be deemed to be a sworn officer of the CITY while performing such law
enforcement services. Accordingly, such sworn District Deputy Sheriff of BSO are hereby
vested with the power to enforce the ordinances of the CITY, to make arrests Incident
thereof and to do such other things and to perform such other acts as are necessary with
respect thereto.
On a quarterly basis (on or about October I't and January Ist, April 1st and July 1st ) or as
requested by the City Manager, the District Chief shall meet with the city Manager to
discuss law enforcement activities within the City occurring during the previous three (3)
month period. At such meeting, the District Chief will present the City Manager with
information regarding the following
a.
bo
C.
d.
e.
f.
g.
Calls for service by time of day, geographic location, date and type of call;
Reported incidents, criminal and noncriminal;
Number and types of arrests;
Traffic crashes;
Traffic citations;
Staffing and Transfers;
Vacancy Credits;
I
h. grant Review;
I. Community Policing Initiatives;
J. Code Compliance Initiatives;
k. Response time reports, citizen complaints and their status/disposition;
1. BSO"s Year -To -Date Budget Versus Actual Cost - Line Item Report, which will
include, but not necessarily be limited to, the budgeted amount, expenditures,
encumbrances and remaining balance for each line item within the budget. The
City Manager may reasonably request documentation necessary to substantiate
any of the costs included on such Report; and
M. Any additional Information requested by the City Manager.
Based upon the Information presented by the District Chief to the City Manager, the
District Chief, In concert with BSO command, and the City Manager will review the law
enforcement goals and objectives of the CITY, the staffing requirements to meet the goals
and objectives and the general strategies to achieve such goals and objectives,
Thereafter, BSO will develop and implement operational initiatives to further such goals
and objectives.
In recognition of the CITYrs need to be informed of BSols activities, BSO's District Chief
and the City Manager will develop a mutually agreed upon reporting format(s) and
reporting perlod(s), whereby BSO will report its activities to the City Manager. At any
time during the term of this Agreement, the City Manager shall have the right to make
reasonable modifications to the reporting formats), reporting content, and reporting
period (s).
BSO shall provide to CITY in June of each fiscal year, a report on BSO"s performance In
light of the established goals and objectives. The format and content of the Annual Report
made to the CITY by the District Chief will be mutually agreed upon by BSO and the City
Manager.
6. !Q.ON- 1 DERATJ.- N
a. For the period from the Effective Date through the end of the First Fiscal Year, as
defined In the Special Terms and Conditions, the annualized consideration amount and
the monthly payment amount for police services shall be as set forth In the Special
Terms and Conditions, payable on the 1st of each month.
b. For fiscal year beyond the First Fiscal Year, BSO will submit a proposed budget to the CITY on or
before the preceding May Ist. The budget will have a summary of major classifications (Personnel
Services, {operating Expenses, Capital Outlay, etc.), an estimated average cost per staffing category
and any overhead costs that are being considered. The CITY and 150 will negotiate in good faith
any adjustments to the Consideration. If the CITY and BSD are unable to reach an agreement
regarding the consideration on or before May 31st, either the CITY or BSO may proceed pursuant to
the dispute resolution procedures set forth In Section 17 of -these General Terms and Conditions.
The parties recognize and acknowledge that time is of the essence in resolving this issue. Therefore,
the parties agree that final resolution must be reached on or before June 30th.
C. If BSO and the CITY are able to reach an agreement regarding the consideration, the
CITY will pay BSO the consideration In twelve (12) equal monthly installments, payable
on the first of each month.
d. BSO shall reimburse or provide a credit to the CITY for any payment received from the
Broward County School Board for School Resource Deputies.
e. The CITY and BSO understand and acknowledge that staffing vacancies will occur
throughout the term of this Agreement; however it is the intent of both the CITY and
BSO to work cooperatively towards reducing vacancies and thus increasing the number
of deputies working within the District.
f. BSO shall provide the COY with full staffing. The CITY shall be entitled to a credit for any
vacancies that occur during the fiscal year, except as provided in this Section 6 of the General
Terms and Conditions. A vacancy occurs when a deputy or employee's absenor resub in a salary
savings to BSO. The MYS credit shall be calculated using the average step of the stag assigned to
the District as of the October 11t for the applicable fiscal year plus FICA and pension.
g. The credit shall be calculated on a quarterly basis for each fiscal year following the quarter In
which the vacancyoccurs.
h . BSO shall have the right to temporarily fill any vacancy within the CITY, through
temporary staffing, provided the vacant position is filled by a BSO employee that
possess skills, training and experience at least equivalent to the absent BSO
Employee. BSO will educate any temporary staff assigned to the District with respect
to the general make-up of the CITY and Its geographic areas, Its industrial, business
and residential composition and its crime trends. The CITY shall be entitled to a
vacancy credit For any vacancy, unless the vacant position is temporarily filled through
temporary staffing. Such temporary starring shall be a direct offset to the vacancy
credit that would have occurred if such temporary staffing had not been assigned.
I. The parties recognize that the CITY has no right of setoff or to reduce the
consideration payable to BSO by amounts In dispute absent a mutual written
agreement of the parties. The parties further recognize that the consideration as
determined pursuant to this Agreement shall not be modified, unless otherwise agreed
to in writing by the parties.
j. In the event BSO subsequently enters into an agreement for police services with
another municipality In which the terms and conditions related to the Consideration are
more favorable to the CITY than those set forth herein, BSO will provide the CITY with
written notice of such agreement. within ninety (90) calendar days after the CM's
receipt of BSO written notice, the CITY may request that the terms and conditions
related to the consideration payable under this Agreement be re -opened to
negotiations based upon the consideration terms and conditions set forth In the other
agreement; however it is understood and agreed that the service level may need to be
adjusted to account For any consideration shortfall resulting from the initial transition
to the consideration language of the other agreement. The mutually agreed upon
revised terms and conditions must be formalized in an amendment to this Agreement
executed by the CITY and BSo.
k. The CITY and BSO understand and acknowledge that the funding for E-911
corn rnunications/dispatch services is at risk of being cut by Broward County as
evidenced by the May 14, 2010 memorandum from Bertha Henry, County
Administrator, to the Mayor and Board of County Commissioners regarding •,Funding
Public Safety E911 Dispatch Operations". BSO and the CITY understand and
I
acknowledge that BSO's obligation to provide F- 11ccmmunications/dispatch services
for the CITY Is contingent upon funding for such services.
1. In the event Broward County does not provide funding for F-911
communications/dispatch services for the CITY, in whole or in part, BSO's obligation to
provide such services to the CITY shall cease accordingly, unless the CITY agrees to
fund the shortfall In BSO funding at a mutually agreed upon methodology and
formalized by an amendment to this agreement executed by the City and BSO,
rn. Upon the occurrence of any of these events, the CITY and BSA} will execute an
amendment to this Agreement In a timely ,Wanner, as necessary to formally address
any modifications to the parties' respective obligations hereunder; however the lactic of
a fully executed amendment will not change the effective date of such modifications,
which will occur on the date funding ceases.
n. BSO will provide the City with quarterly line item budget reports (indicating budget
amounts, year to date expenditures, variances, etc.), no later than twenty (20) days
after the end of each quarter. The City Manager may request any additional reports
from the District Chief, which will be provided to the City Manager in a timely manner.
7. VEHICLE MARKINGS
Each patrol vehicle shall prominently display on the vehicle's exterior, the legend of the
City name in three (3) to six (6) inch lettering, in accordance with the BSO standard
vehicle markings. In the alternative, CITY may provide, at its expense, Its own decal or
appliqu6 for use on all BSO vehicles in the District, with three (3) to six (6) inch lettering
with the legend the CITY's name or similar wording, In a color and font which is
harmonious with BBC's standard lettering on the remainder of the vehicle, along with the
CITY's logo, which shall be of a size consistent with the lettering and which fits in the
available space on vehicles. Installation and removal of any such wording and logo shall
be at the CITY's expense. BSO maintains the right to first Inspect and approve any such
lettering and logo to insure that the font, color and size of the CITY's proposed lettering
and logo meet the department's specifications and for compliance with professional
standards. Said approval shall not otherwise be unreasonably withheld.
$. FACILITY s
The CITY agrees to provide BSO with a Police Headquarters,
The Police Headquarters and any other facilities owned by the CITY and used by BSO on a
permanent basis are hereinafter collectively referred to as the "Facilities". BSO shall
occupy the Facilities and use the furnishings and equipment contained In the Facilities in
connection with performing the Services within the District, at no additional cost to BSO.
BSO shall maintain the Facilities in a clean condition, free from debris, however, normal
wear and tear from usage Is expected. BSO shall not destroy, deface, damage, impair, or
remove any part of the Facilities. In the event BSO, its employees, agents, or invitees
destroy, deface, damage, Impair, or remove any part of the Facilities, BSO shall be
responsible for repairing or replacing such property.
Except as otherwise provided in preceding paragraph, the CITY shall maintain and repair
all "Structural Components" of the Facilities including, but not limited to, the roof, wails,
foundations, sidewalks, floors, windows, ceilings,, sprinkler systems, hot water systems,
elevatorsr heating plants, air condition plants, plumbing and electrical systems and
components, unless the need for such repairs are caused by the negligence of BSO In
which case BSO shall be responsible for such repairs. CITY further agrees to maintain in
good repair the parking area and all exterior common areas. CITY shall also snake any
repairs necessitated by weather -related damage or hazards or by other causes not under
BSO`s control. CITY shall also snake all repairs or changes which may be necessary to
snake the F'acillties and the use herein contemplated comply with applicable laws,
ordinances, orders or regulations of any federal, state, county or municipal authority now
or hereafter In effect unless specifically exempted therefrom. The CITY shall complete any
and all repairs that do not require bidding within thirty (30) gays from the date the CITY
receives BSo`s written notice of the need for such repairs, Major repairs requiring
analysis and preparation of bid documents will be accomplished as expeditiously as
possible within ninety (90) days after receipt of the BSD's notice of the need for such
repairs. Emergencies shall be handled using emergency procurement procedures.
,Routine Maintenance and Minor Repairs" shall be the responsibility of BSO and shall
include items such as light bulbs, HVAC filters, etc., minor electrical fixtures that do not
require a licensed professional or certification; and, minor plumbing components such as
toilet and sink valves and parts, shower heads, etc. In the event this provision conflicts
with any other provision of this Agreement, this provision shall be controlling.
BSO shall pay for all utility costs Including, but not limited to, telephone, electric, and
water for the Facilities. The parties understand and acknowledge that the utility costs and
other costs to BSO attributed to this Agreement are Indirectly charged to the CITY as part
of the consideration payable by the CITY to BSO.
The
CITY shall
provide BSO with adequate parking spaces
within reasonable proximity to
the
Facilities so
as not to
hinder BSo's ability
to perform
Its
obligations
set forth
herein.
Each party will maintain Insurance coverage, as it deems necessary, to cover such party's
responsibilities as set forth In Agreement. The adequacy of such coverage shall not limit
the party's responsibilities set forth herein.
Upon the expiration or earlier termination of this Agreement, BSO shall surrender
possession of the Facilities and all CITY -owned furnishing and CITY -owned equipment
within the Facilities that are used by BSO on a permanent basis within the CITY, to the
CITY. The Facilities shall be broom clean and in the same condition as received, except
for ordinary wear and tear and items and issues that are the responsibility of the CITY,
which BSO was not otherwise obligated to remedy under any provisions of this
Agreement.
9. DI.SIRICI CHIK
At all tunes during the Term, BSO shall provide a District Chief, The District Chief shall
meet and confer with the City Manager or his designee as needed and directed by the City
Manager, for the purpose of maintaining the viability and vitality of this Agreement.
The District
Chief shall maintain
his or
her principal office and shall be principally located
in the
Police
Headquarters
at all
times
during
the
Term
and
who
shall
serve on a full-time
basis, until such time as the CITY Manager concurs in the transfer or change of duty of
him/her according to the terms of this Agreement.
The District Chief shall serve on a full-time basis and shall have the rank of Captain. The
District Chief shall remain an employee of BSO, subject to the development strategies
designed to enhance current capabilities and future assignments of the Broward Sheriff's
Office. Succession planning remains BSO's commitment to the current and future needs of
both the CITY and the Broward Sheriffs Office. In order to effectively administer issues
such as promotions, special assignments, discipline, succession planning and personal
development, BSO shall notify and confer with the City Manager prior to any reassignment
of the District Chief and such reassignment shall require the approval of the Clty Manager.
The City Manager reserves the right to request that the District Chief be reassigned by
BSO, which request shall not be unreasonably denied.- BSO and the City Manager shall
confer and agree, for purposes of continuity, upon a time frame for an effective transition
date taking Into consideration the identification, selection and assignment of the new
District Chief.
Upon a permanent vacancy In the District Chief's position, BSO will Submit not less than
three (3) names of highly qualified BSO personnel to fill the District Chiefs position. The
City Manager will be given an opportunity to review the candidates' personnel and Internal
affairs files, as well as interview each candidate. The City Manager will select a candidate
and notify BSO in writing of the recommended candidate's name from the list of the three
(3) candidates submitted by BSO.
The City and BSO will work diligently and In good faith to complete the process of
selecting a District Chief In a timely manner.
The District Chief will attend management and City Commission meetings as directed by
the City Manager. Both parties understand and agree that the attendance of the District
Chief is essential to maintain the viability and vitality of this Agreement, but also
recognize that the District Chief may occasionally be unavailable, due to Illness, scheduled
vacation or scheduled training. In the event the District Chief is unable to attend a
meeting described herein, the District Chief will advise the City Manager of the person(s)
authorized to attend in place of the District Chief.
10. FINES,c FoKEEITURES. JREVgfJ!JE5: E
a. All law enforcement education funds levied and collected by the Clerk of the Court
and earmarked for and forwarded to the CITY pursuant to Florida Statutes, Section
943.25, may be assigned over to the BSO and used by the District for the law
enforcement education purposes authorized in the statute. Apart from such Funds
and except for the provisions set forth in subsection 10(k) of these General Terms
and Conditions, Grant Funds and Miscellaneous Revenues, BSO will have no claim
or right to any other monies or things of value that the CITY receives or may
hereinafter receive by way of entitlement programs, grants or otherwise In
connection with law enforcement activities.
b. The CITY and BSO do hereby acknowledge, one to the other, that nothing
contained herein shall In anyway be construed to impair the CITY's right to the
disposition of fines and forfeitures to which the CrTY would be entitled, pursuant to
Florida Statutes, Section 316,66 as 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 proceeding to which the CITY would
otherwise be entitled, except as limited herein.
c. The CITY and BSO agree that BSO shall be responsible for determining whether
asset forfeiture proceedings for property seized within the CITY through active
participation of District personnel shall be initiated, except as otherwise indicated
herein. Any state law forfeiture actions filed under Chapter 932, Florida Statutes,
for property seized within the CITY through active participation of District personnel
shall be initiated and managed by BSO, which shall have sole discretion to
determine legal strategy and litigation resolution based upon the best interests of
the CITY and BSO.
d. BSO agrees that any currency seized within the CITY, through active participation
of the District's personnel, pursuant to Chapter 932 of the Florida Statutes or
federal law, and subsequently forfeited solely to BSO, small be deposited into the
City's Law Enforcement Trust Fund established by the CITY, less any costs as
described In paragraph 10(h) herein {hereinafter referred to as the "Funds'. The
Funds shall be and shall arrays remain in the ownership of the CITY and BSO shall
not have any right to ownership and control of such Funds. During the term of this
Agreement, such Funds may be earmarked for the BSO`s use within the confines of
the City, upon approval of the CITY as follows.
1. Upon concurrence of the District Chief, with approval of the BSO chain of
command, and the City Manager, BSO may apply to the CITY for the use of
such Funds, within the boundaries of the CITY, if such application is In
compliance with Florida Statutes,
2. The request shall first be submitted by the District Chief or his designee to
the CITY's legal advisor for a determination of the legality of the request.
The CITY`s legal advisor shall render an opinion within thirty (30) days or
the written request of the Cr Y.
3. BSO agrees to submit the application to the City Commission for
appropriation accompanied by a written certification that the request
complies with the provisions of Florida Statutes, 932.7055(4) or federal law,
as applicable.
4. Upon appropriation, such funds shall be made available to BSO for its
designated use within the confines of the City.
e. The parties agree that the decision to dispose of or use personal property, other
than currency, seized within the CITY through active participation of the District
personnel and subsequently forfeited solely to the CITY under Chapter 932, Florida
Statutes or federal lavv, shall be In the sole discretion of the CITY.
i. If the CITY decides to use personal property, other than currency, forfeited
to the CITY under Chapter 932, Florida Statutes or federal law, the City
shall reimburse BSO for any costs, as described in paragraph 10(h), blow,
Incurred In the seizure and forfeiture of such property.
2, BSO shall annually Invoice the
CITY for all actual
costs Incurred
by BSO In
the forfeiture action including,
but not limited to,
filing fees and
advertising
costs, and -the CITY shall have forty-five (45) calendar days to pay such
invoice. BSO will submit the annual Invoice to the CITY on or before
September 301" of each fiscal year;
3. Upon concurrence of the District Chief, with approval of the BSO chain of
command, and the City manager, BSO may apply to the CITY to use such
personal property either within or outside the CITY, and if approved, BSO
may use such personal property in accordance with such approval, however
BSO shall then be responsible for all costs incurred in the forfeiture of that
personal property.
4. In the event BSO disposes of the property prior to termination of this
Agreement, BSO shall allocate the net proceeds from the disposition to the
CITY's Law Enforcement Trust Fund.
5. In the event that this Agreement is terminated and such property is still in
use by BSO within or outside the CITY, such property shall be turned over
to the CITY.
6. If the CITY decides to dispose of personal property, other than currency,
forfeited to the CITY under Chapter 932, Florida Statutes or federal law,
proceeds of the sale of such property, less costs as described in paragraph
10(h) herein, shall be deposited in the CITY's Law Enforcement Trust Fund.
Proceeds from the sale of property deposited in the CITYs Law Enforcement
Trust Fund may be designated for BSO's use within the confines of the City,
In the same manner as provided In subsection 10(d) above.
f. BSO agrees to notify the CITY of its intent to initiate forfeiture proceedings
involving real property seized soleiy by District staff, prior to the filing of a
Complaint for Forfeiture. The CITY shall notify BSO within five (5) business days of
any objections it has related to the impending forfeiture proceeding. In the event,
the parties are unable to reach a mutually agreed upon decision, the final decision
to proceed shall be made by the CITY. The parties agree that the decision to use
or dispose of real property seized within the CITY, through active participation of
the Districts personnel, and subsequently forfeited solely to the District pursuant
to Chapter 932, Florida Statutes or federal law, shall be in the absolute and sole
discretion of the CITY.
1. If the CITY decides to dispose of such real property, proceeds from the sale
of the real property shall be deposited Into the CITY's Lava Enforcement
Trust Fund, less any loans, mortgages, liens, costs (as described In
subsection 10(h) herein, below) or any other encumbrance on the property
Incurred by BSO in the seizure, forfeiture, or sale of such property, Proceeds
from the sale of real property deposited in the CITY`s Lave Enforcement
Trust Fund may be designated for BSO's use within the confines of the City,
in the same manner as provided in subsection 10(d), above.
2. If the CITY decides to use such real property, the City shall reimburse BSO
for any loans, mortgages, liens, costs (as described in paragraph 9(h),
below) or any other encumbrance on the property Incurred by BSO In the
seizure and forfeiture of such property. However, prior to filing a forfeiture
compliant for real property seized within the CITY, BSO's legal staff shall
first consult with CTY's legal advisor for authorization to proceed with the
forfeiture due to the potential for excessive costs to the CITY -from
mortgages, liens or other encumbrances on the real property, CITY shall
provide BSO with a filing decision on the prospective forfeiture within three
(3) working days after obtaining all relevant information from BSO required
to adequately evaluate the equity of the seized real property, including, but
not limited for the value of the property and any liens thereon.
i. BSO shall invoice the CITY for all actual costs incurred by BSO In the
forfeiture action,. and the CITY shall have thirty (30) days to pay
such invoice;
ii. BSO may apply to the CITY to use such real property, and If
approved, BSO may use such real property in accordance with such
approval.
lil. In the event that this Agreement is terminated and such property Is
still in use by BSO,, such property shall be turned over to the CITY.
g. In the event that real or personal property Is seized within the CITY through active
participation of District personnel and the active participation of personnel from
other law enforcement agencies, and such property Is forfeited to multiple law
enforcement agencies pursuant to Chapter 932, Florida statutes or federal law, the
decision to use or dispose of such property shall be made by agreement of the
participating agencies. If such property Is sold, the CIWs share of the proceeds of
such sale, less costs (defined in Section 10(h)) incurred in the seizure, forfeiture,
and sale of such property, will be based upon the ratio that the District's
personnel's participation bears, to the participation of all law enforcement agencies
and units that participated In the seizure of the property. The City's share of
proceeds from the sale of such property shall be deposited into the CITY's Law
Enforcement Trust Fund, and may be earmarked for BSO"s use, In the same
manner as provided In subsection 10(d), above.
h. Any costs incurred in the seizure, forfeiture, or sale of personal or real property
seized within the CITY, through active participation of the District personnel and
subsequently forfeited shalt be paid by the CITY or reimbursed to BSO, in the
following priority;
1. Payment of the balance due on any lien on personal or real property
preserved by the court In the forfeiture proceedings.
2. Payment of the cost incurred in connection with the storage, maintenance,
security, forfeiture proceeding (i.e. court costs, publication costs) and sale
of such property.
i. BSO shall, on a quarterly basis, supply the CITY with a written report of the above -
described fines and forfeitures. The report(s) shall include a description and
estimate of value of properties seized under the laves of the State of Florida,
whether or not disposition thereof has been adjudicated, Moreover, the 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
I
submitted to the CITY within thirty (30) days of the ultimate adjudication with
regard to the seizure of the property.
j. CITY shall be responsible to meet all reporting requirements for all forfeiture
proceeds Lfnder federal and state law, and BSO shall provide all necessary
information pertaining to same to CITY -in a timely manner for such purpose. BSO
will also provide technical assistance to CITY staff if requested with regard to
reporting procedure.
k. Grant funds and miscellaneous revenues. BSO shall cooperate with the CITY and,
to the extent allowable by law, act as the law enforcement agent on behalf of the
CITY In the continued application, maintenance, and accounting of grants and
entitlements as well as aggressively pursuing additional grant program funds as
they become available, The CITY will make these funds available to the BSO to
carry out the Intent of the grant program as approved by the granting agency and
the CITY. Except as otherwise set forth herein, It is understood by both parties
that all revenues currently received by the CITY as a result of law enforcement
shall contfnue to be received by the CITY as previously mentioned herein or as may
be added in the future, This shall Include, but not be limited to, towing fees per
the CITY'S current agreement.
11. TOWING
BSO will use the selected City vendor for all vehicle removal needs when required to
remove damaged, stolen, abandoned, and inoperable vehicles from all public roadways
and properties within the City limits unless It Is determined by BSO that the vendor cannot
appropriately preserve evidence in a specific criminal case or the storage of the vehicle is
directed elsewhere by the lead law enforcement agency or prosecuting agency in charge if
other than BSO. The CITY's agreement with the towing vendor will include provisions that
require BSO to be listed as an additional insured on insurance policies meeting the
specifications of BSo's Risk Manager, The City's agreement with the towing vendor will
also include provisions that any and all BSO vehicles assigned to the District or In need of
towing while in the District will be towed at no charge to BSO, BSO shall use the CITY
selected towing company of its choice for towing of vehicles seized for forfeiture.
12. INSURANCE
BSO shall maintain in addition to Chose policies of insurance required and contemplated
elsewhere in this agreement, general liability, automobile liability, public officials liability,
workers' compensation and law enforcement liability Insurance policies in the amounts set
forth below:
General Liability/Public Officlals/Law Enforcement Liabflity;
$.1,O00,O00 occurrence/$2,O00,000 aggregate
Automobile Liability:
$1,000,000 occurrence/$2,000,000 aggregate
Workers" Compensation: Statutory
BSO shall maintain these insurance policies throughout the Term. BSO shall provide the
CITY with copies of the insurance policies required hereunder and all renewals thereof.
The costs of all these insurance policies shall be the sole obligation of BSO; however the
CITY understands and acknowledges that the cost of this coverage is allocated to the CITY
through the consideration set forth In the Special Terms and Conditions of this Agreement.
BSO may provide the Insurance required In this Section through a self insurance program
and excess policies.
The CITY shall during
the Term, at its sole cost and
expense, maintain appropriate
insurance coverage to
include General Liability
and Property
coverage either through a
commercial insurance carrier or a self-insurance
program
of sufficient coverage to protect
the CITY and the
BSO in the event of
claims
related to the Facilities or
damage/destruction of
the Facilities utilized by
the BSO
under this Agreement. In the
event that BSO shall take
and bring additional equipment
or other property to the facility,
BSO does
so at its own
cost and
expense.
13. FUELING„-SIJE
a. BSO shall maintain Tank Pollution liability insurance coverage of
$11000f000/$2,000,000. Such insurance coverage shall be maintained
throughout the term hereinabove set forth. BSO reserves the right to provide
Tank pollution liability coverage through a self insurance program. BSO shall
name the CITY as an additional insured, but only as to liability arising out of
BSO's negligent performance of the services provided by BSO to the CITY
pursuant to this Agreement.
b. BSO shall provide the CITY with a copy of the respective policies of insurance
required hereunder and renewals thereof, In order that the CITY, through the
offices of the City Clerk, may keep such copies on file for the benefit of the
public and inspection of the citizenry of the CITY.
c. HOLD HARMLESS: To the extent permitted by law, BSO shall hold the CITY, its
officials, agents, servants, and employees harmless from any and all manner of
action or actions, cause or causes of actions, suits, trespasses, damages,
judgments, executions, claims and demands of any kind whatsoever, in law or
in equity, which may result from or arise out of the misconduct or negligent
acts or omissions of BSO while acting within the scope of its employment, and
BSO shall indemnify the CITY for any and all damages, judgments, claims,
costs, expenses, including reasonable attorneys fees, which the CITY might
suffer In connection with or as a result of the misconduct or negligent acts or
omissions of the BSO, its deputies/officers, employees, or agents while acting
within the scope of their employment. Notwithstanding anything to the
contrary contained herein, the terms and conditions of this section shall survive
the expiration or termination of this Agreement.
Notwithstanding anything to the contrary contained herein, in no event shall
BSO hold harmless or indemnify the CITY from liability, suits,, cause or causes
of action, 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 negligent acts of the CITY, its employees, agents or servants.
Notwithstanding anything to the contrary contained herein, BSO and CITY shall,
at all times, be entitled to the benefits of sovereign 11mm' unity as provided in
Section 768.28, Florida Statutes, and common lave Nothing contained in this
Agreement shall be construed as a waiver of sovereign immunity,
fi
d. BSO shall be the exclusive user of the fueling system.
e. BSO shall be responsible for the maintenance and repair of the Gas Boy
computerized fuel dispensing system and dispensers or gas pumps.
f. BSO agrees
to call 911 as soon
as possible
to report any and all gas spills and
to notify the
CITY of any and all
gas spills
as
soon as possible.
g. BSO agrees to indemnify, defend and hold the CITY harmless from any and all
claims (excluding workers compensation claims of CITY employees), damages,
fines, Judgments, penalties, costs, causes of action, liabilities, or losses
(including, without limitation, any and all sums paid for settlement of claims,
attorneys,, consultant, and expert fees) (collectively liabilities), arising during
the term of this Agreement or thereafter, and resulting from or arising In
connection with the following:
1. Above ground leaks and spills caused by BSO, its employees, agents, or
servants, and
ii. All leaks, contamination and spills above and below ground, resulting
from the fueling system.
Notwithstanding anything to the contrary contained
BSO hold harmless or indemnify the CITY from
Judgments, penalties, costs, causes of action, or
limitation, any and all sums paid for settlement claii
and expert fees) (collectively , "Liabilities) resulting
Intentional or negligent acts of the CITY, its ern,
and/or visitors.
herein, in no event shall
liability, damages, fines,
losses (including, without
ns, attorneys', consultant,
from or attributed to the
�Ioyees, agents, servants,
h. 13SO shall be responsible for the repair and maintenance of any and all
components of the fueling system including, but not limited to, the piping and
underground storage tanks,
I. BSO shall have the right to discontinue use of the fueling system at any time, In
which case BSO shall be responsible for any and all costs related to the removal
of the fueling system including, but not limited to, the extraction of
underground storage tanks. In the event of soil contamination is discovered
during the fueling system removal and such contamination is attributable to the
fueling system, BSO shall be responsible for all clean-up costs. The CITY and
BSO recognize that alternative fueling arrangements will need to be smalde at
the time use of the fueling system is discontinued. At BSO's discretion and
cost, replacements and/or upgrades may be ,Wade to the fueling system.
14. DEFAU
a. The occurrence of any one or more of the following shall constitute a 'Default" by the
party causing same (the "Defaulting Party"):
1. Payment. Failure of the Defaulting Party to pay any amount required hereunder,
whether for Consideration,, taxes, utilities, insurance or any other obligations,
within ten (10) days after such Is due hereunder; or
2, Performance of Services. Failure of BSO to perform the Services as required herein
at any time during the Term; or
3. Other Performance. Failure of the Defaulting Party to perform any other covenant,
condition, agreement or provision contained herein (other than the Services) or to
cure any misrepresentation or breach of any representation or warranty herein
within thirty (30) days after receipt by the Defaulting Party of written notice of
such failure, misrepresentation or breach; or
4. Bankruptcy of Defaulting Party. commencement of bankruptcy, insolvency,
assignment for the benefit of creditors or receivership proceedings In respect of the
Defaulting Party; or
5, Default. Failure of the Defaulting Party to perform any covenant, condition,
agreement or provision contained in any other agreement or to cure any
misrepresentation or breach of any representation or warranty in any other
agreement between the parties hereto within any applicable grace period provided
In such agreement.
b. Upon the occurrence and continuance of a Default by the Defaulting Party, the party not in
Default (the "Non- Defaulting party") may, at its option and without any obligation to do so
and in addition to any other remedies otherwise set forth In this Agreement, elect any one
or more of the following remedies:
1. Terminate this Agreement pursuant to section 15 herein; or
2. withhold payment or performance under this Agreement until such time as such
Default Is cured, provided the performance level does not compromise the safety of
the public; or
3. cure such Default and recover the costs thereof, together with Interest thereon at
the lesser of 18% or the maximum legal rate permitted by applicable law, from the
Defaulting Party; or
4, Seek Injunctive relief to enjoin any act of the Defaulting Party In violation. hereof;
or
5. Seek specific performance of any covenant or obligation of the Defaulting Party
hereunder, or
5. Pursue any other remedy now or hereafter available under the laws or judicial
decisions of the State of Florida.
c. Interest and Late Charges. Any payments due hereunder, whether for Consideration, rents,
taxes, utilities, Insurance or any other obligations, overdue for more than ten (10) days
shall bear interest from the date due at the lesser of eighteen percent (18%) or the
maximum legal rate.permitted by Applicable Law. In addition, the Defaulting Party shall
pay for the Non -Defaulting Party's administrative and collection expenses incurred In
connection therewith, and not as Interest, a late charge equal to five percent (5 %) of the
amount overdue. The terms of this paragraph shall also apply to BSO's payment
obligations under this Agreement.
15. JERMINATI
a. Either party may terminate this Service Agreement at its discretion either with or without
cause, by giving written notice thereof to the other party; provided the other party has no
less than ninety (00) days prior written notice of such termination. At the expiration of
the ninety (00) day notice period as described In the preceding provision, the transition
period as set forth In subsection C of this Section 15 shall commence.
b. In the event of a material breach, either party may provide the other party with written
notice of the material breach. The other party shall have thirty (30) days from the date of
Its receipt of such notification to cure such material breach, If the material breach is not
cured within that time period,* the non -breaching party may terminate this Contract
immediately. Material breaches shall include but are not limited to, failure by the CITY to
pay BSO pursuant to the consideration provisions set forth In the Special Terms and
Conditions of this Agreement, violations of Governing Standards, local or federal laws, the
BSO policies and procedures, or the terms and conditions of this Agreement.
C. In the event of the expiration of this Agreement or the termination by either party, the
other party shall render such aid, coordination and cooperation as might be required for
an expeditious and efficient termination of service. In such event, BSO and CITY shall
cooperate in good faith In order to effectuate a smooth and harmonious transition from
BSO to a Clty police department and to maintain during such period of transition the same
high quality of police protection otherwise afforded to the residents of the CITY pursuant
to the terms hereof. In the event the CITY is transitioning to its own police department as
a result of the termination or expiration of this Agreement, the CITY shall have the right to
extend the agreement for up to twenty-four (24) months from the effective date of the
termination or the expiration date, whichever Is applicable. CITY will pay BSO for the
costs incurred by BSO during the transition period at the level of staffing determined
necessary by BSO and agreed upon by the City. The cost for these services will be
negotiated by the City and BSO in a manner consistent with the terms of this Agreement.
d. Termination for Lack of Funds, In the event the funds to finance this Agreement become
unavailable or are not allocated by Broward County, Board of County Commissioners, BSO
may provide CITY with thirty (30) calendar days written notice of termination, At the
expiration of the thirty (30) day notice period as described in the preceding provision, the
transition period as set forth In the subsection (c) of this Section 15 shall commence.
Nothing In this Agreement shall be deemed or construed to prevent the parties from
negotiating a new Agreement in this event.
e. Equipment and Vehicles. Upon the expiration or earlier termination of this Agreement, the
CITY may elect to purchase the vehicles and equipment used by BSO to provide police
services to the CITY pursuant to this Agreement. The purchase price of the vehicles and
equipment shall be the fair market value of such vehicles and equipment on the date
during the transition that the CITY elects to purchase the vehicles and equipment from
Q
BSO, which shall be determined by an appraiser mutually agreed upon between the CITY
and BSc}.
16. INDEMUFICATTON
a. BSO'S Obligations. To the extent permitted by law, BSO shall indemnify the CITY, its
officials, agents, servants and employees 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 negligent acts or omissions of BSO's employees or agents while acting within
the scope of their employment, This covenant and agreement of BSO shall survive the
expiration or earlier termination of this Agreement.
b. CITY'S Obligations. To the extent permitted by law, the CITY will indemnify and save
harmless BSO of and from any and ali fines, suits, claims, demands, penalties, losses and
actions (including attorney's fees) for any injury to persons or damage to or lass of
property caused by the negligence or willful misconduct of the CITY or its agents,
employees or contractors or when directly resulting from the CITY's breach of this
Agreement This covenant and agreement of the CITY shall survive the expiration or
earlier termination of this Agreement.
c. No Duty of Indemnification, Notwithstanding anything to the contrary contained herein,
neither party (the "Indemnifying Party") shalt have a duty to hold harmless or indemnify
the other (the "indemnified Party") from liability, suits, cause and causes of action,
trespasses, damages, judgments, executions, claims and demands of any kind
whatsoever, in law or equity, which may result from or arise out of the intentional or
negligent acts of the Indemnified Party or its employees, agents or contractors.
d. SOVEREIGN IMMUNITY. BSO and the CITY will at all times be entitled to the benefits of
sovereign immunity as provided in Florida Statutes, Section 768.28, and common law.
Nothing contained in this Agreement shall be construed as a waiver of sovereign
immunity.
17, DISP UTE RE OLUTIQN
a. if the parties have any disagreement, dispute, breach or claim of breach, non-
performance, or repudiation arising from, related to or in connection with this Agreement,
Including but not limited to either party's failure or alleged failure to comply with any of
the provisions of this Agreement Tithe "Dispute"), the parties will follow the dispute
resolution procedures set forth in this Section 17, It being agreed that for purposes of this
Article, any reference to a particular representative of a party will also be deemed to
Include such particular representative's duly authorized successor or designee and such
other persons as each party deems appropriate.
b, A party will provide written notice to the other party of a Dispute. within five (5) business
days of the giving of such notice of a Dispute, the District Chief or designated Captain and
the City Manager will conduct a meeting to attempt to resolve the matter.
c, If the District Chief or designated Captain and the City Manager are unable to reach
resolution at the meeting prescribed in Section 17(b) above, then within five (5)- business
days after such meeting, the Department of Law Enforcement, Executive Director or
designee and the City Manager will meet and attempt to resolve the matter.
d. If the Department of Lava Enforcement, Executive director or designee and the City
Manager are unable to reach resolution at the meeting prescribed in subsection (c) of this
Section 17 above, then within five (5) business days after the meeting or as otherwise
agreed, the Sheriff and the City mayor will meet and attempt to resolve all pending
matters In dispute. The parties acknowledge that any agreement reached under this
subsection may require subsequent approval by the City Commission and the Sheriff.
e. Each party will bear its oven expenses and attorneys fees (if any) in connection with the
dispute resolution procedure provided above.
f. If the parties are unable to resolve the Dispute after following the procedures set forth in
this Section 17, then, subject to the limitations otherwise provided for In this Agreement,
the parties are entitled to pursue all their rernedles at law and In equity, and may engage
in other dispute resolution procedure such as mediation and/or arbitration upon
agreement of the parties.
CITY hereby retains BSO as an independent contractor to provide Police Services for the
CITY, subject to the tens and conditions contained herein. As an independent contractor,
Boo shall have discretion and operational oversight regarding the manner and means in
which police Services will be provided to the CITY, unless otherwise provided herein.
Notwithstanding BSO's Independent contractor status hereunder, BSO and the District
Employees shall have the power and authority granted by the CITY pursuant to Section 3
hereof s
The relationship between the CITY and BSO shall be solely as set forth herein. Neither
party shall be deemed the employee, agent, partner or joint venturer of the other, nor
have, or represent to have, any authority or capacity to make or alter any agreement on
behalf of the other, to legally bind the other, to credit or receive money due on behalf of
the other or to rho any other thing on behalf of the other, except as specifically set forth
herein. Neither the CITY nor BSA} will have or attempt to exercise any control or direction
over the methods used by the ether to perform Its work, duties and obligations under this
Agreement except as specifically set forth herein. The respective employees, agents and
representatives of each of the CITY and BSO shall remain their own employees, agents or
representatives., and shall not be entitled to employment benefits of any bind from the
.other, except as specifically set forth herein. The CITY and BSO shall assume full
responsibility for their own compliance with any and all Applicable Lawn
UPI, FA-1�1711mzk
The CITY represents, warrants and covenants to BSO as of the date hereof and
throughout the Term the following:
a. The CITY Is and will remain duly organized, validly existing and In good standing under
the laws of the State of Florida, has and will retain the requisite power and authority to
conduct its business, to enter into this Agreement and to perform the terms hereof and
by proper action on behalf of the CM has duly authorized, executed and delivered
this Agreement and any and all Instruments in connection herewith;
b. This Agreement has been duly executed and delivered by the CITY and constitutes the
valid and legally binding obligation of the CITY enforceable in accordance with its
terms, except as limited by bankruptcy, reorganization or similar laws affecting
creditors` rights generally.
c. Neither the execution and delivery of this Agreement, the consummation of the
transaction contemplated hereby nor the fulfillment of or compliance with the terms
and provisions hereof (a) conflicts with, or result in a material default under or breach
of or grounds for termination of, any material agreement or any license, permit or
other governmental authorization to which CITY Is a party or by which CITY is bound,
(b) results in the violation by the CITY of any provision of any Applicable Law
applicable to CITY or to which CITY may be subject, (c) violate or conflict with any
charter or other document governing the actions of CITY, or (d) require CITY to obtain
or mare any consent, authorization, approval, registration or filing under Applicable
Law or order of any court or governmental agency, board, bureau, body, department,
authority or any other person which has not already been obtained. The CITY Is not in
default with respect to any order, judgment, ordinance, award or decree of any
governmental agency or Instrumentality affecting this Agreement or the transactions
contemplated hereby.
d. No representation or warranty made by the CITY herein or in any schedule, exhibit or
other document executed or delivered in connection herewith when taken as a whole
contains any untrue statement of a material fact or omits to state any material fact
necessary to make the statements made therein, in light of the circumstances under
which they were made, not misleading In any material respect.
BSO represents, warrants and covenants as of the date hereof and throughout the term of
this Agreement the following:
a. The Sheriff is the duly elected or appointed, qualified and Incumbent Sheriff of Broward
County, Florida, has and will retain the requisite power and authority pursuant to the
power so vested In him under Applicable Law to conduct Its business, to enter Into this
Agreement and to perform the terms hereof and by proper action has duly authorized,
executed and delivered this Agreement and any and all instruments in connection
herewith;
b. This Agreement has been duly executed and delivered by BSO and constitutes the
valid and legally binding obligation of BSO enforceable in accordance with its terms,
except as limited by bankruptcy, reorganization or similar laws affecting creditors'
rights generally,
c. neither the execution and delivery of this Agreement, the consummation of the
transaction contemplated hereby nor the fulfillment of or compliance with the terms
and provisions hereof (a) conflicts with, or result in a material default under or breach
of or grounds for termination of, any material agreement or any license, permit or
other governmental authorization to which BSO Is a party or by which BSO is bound,
(b) result in the violation by BSO of any provision of any Applicable Law applicable to
BSO or to which BSO may be subject, (c) violate or conflict with any charter or other
f
document governing the actions of BSO, or (d) require BSO to obtain or make any
consent, authorization, approval, registration or filing under Applicable Law or order of
any court or governmental agency, board, bureau, body, department, authority or any
other person which has not already been obtained. BSO is not in default with respect
to any order, judgment, ordinance, award or decree of any governmental agency or
Instrumentality affecting this Agreement or the transactions contemplated hereby,
d, BSO has complied and will comply with all Applicable Laws relating to the performance
of the Services and the employment of the District Employees.
e. No representation or warranty made by BSO herein or in any schedule, exhibit or other
document executed or delivered in connection herewith when taken as a whole
contains any untrue statement of a material fact or omits to state any material fact
necessary to make the statements made therein, in light of the circumstances under
which they were made, not misleading in any material respect.
f. The parties recognize that neither party has the right to modify the terms and
conditions of this Agreement (i.e. staffing, consideration), unless such modification is
mutually agreed upon through a formal written amendment, Additionally, neither
party shall have the right of setoff or the right to reduce its contractual obligation to
the other party by amounts in dispute absent a mutual written agreement of the
parties, except as otherwise provided herein. Disputes will be handled in accordance
with the Dispute Resolution procedures set forth in section 16 herein.
r l► ► .._ ,.. �►
Except where the context otherwise requires, reference to something In the singular shall
include the plural and vice versa. Unless otherwise noted, reference to a party to this
Agreement includes that party, and its permitted successors and assigns. Lastly, the
captions or headings in this Agreement are for convenience only, and are not meant to
limit the scope or intent of the particular provisions.
23, A CQUNTIl�fg ][ERM5
24.
All references in this Agreement to generally accepted
such principles as in effect from time to time in the
accounting terms used herein without definition shall
generally accepted accounting principles.
accounting principles shall be to
United States of America. All
be used as defined under such
Unless otherwise specified, references in this Agreement to any Article or Section are
references to such Article or Section of this Agreement, and, unless otherwise specified,
references in any Article, Section or definition to any clause are references to such clause
of such Article, Section or definition. The words "hereof", "hereby", "hereto", "herein",
hereunder" and the like refer to this Agreement In its entirety,
25. D„►....E.INu
This Agreement shall
not
be construed more strictly against one party
than against the
other
merely
because
It
may
have
been prepared
by counsel
for one
of
the
parties, It
being recognized that both parties have contributed substantially and materially to its
preparation,,
26. ,NOTICE
All notices and other communications under this Agreement shall be in writing and shall be
deemed to have been given three (3) business days after deposit in the mail, designated
as certified mail, return receipt requested, postage -prepaid, or one (1) business day after
being entrusted to a reputable commercial overnight delivery service, or when sent by
telex or telecopy on a business day addressed to the party to which such notice is directed
at Its address determined In accordance with this Article with customary confirmation of
receipt of such telex or telecopy received. All notices and other communications under
this Agreement shall be given to the parties hereto at the following addresses:
CITY:
Jeffrey L. Miller, City Manager
City of Tamarac
7525 NW Wh Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
BSO:
Sheriff
Broward Sheriffs Office
2601 W. Browa rd Boulevard
Fort Lauderdale, FL 33312
Any party
hereto
may change
the address to which
notices
shall
be directed under this
Section by
giving
ten (10) days
written notice of
such
change
to the
other
parties.
27. NOH.-AESIgNABILITY
Neither
party
shall assign any of its
obligations or benefits Imposed hereby or contained
herein,
except
upon
the other
party's
prior written approval.
28.J.JALOF-.JH-9.,EgSENCE
Time shall be of the essence in the payment and performance of all obligations hereunder.
All references herein to this Agreement or the Terra shall include the initial Term and any
renewal or extension of the Terra.
29, ENJIBE AGREEM.911I
This Agreement, together with any other agreements entered into contemporaneously
herewith, constitutes and represents the entire agreement between the parties hereto and
supersedes any prior understandings or agreements, written or verbal, between the
parties hereto respecting the subject matter herein. This Agreement may be amended,
supplemented, modified or discharged only upon an agreement in writing executed by all
of the parties hereto. This Agreement shall inure to the benefit of and shall be binding
upon the parties hereto and their respective successors and permitted assigns. in the
event any provision of this Agreement shall be held invalid or unenforceable by any court
of competent ,jurisdiction, such holding shah not Invalidate or render unenforceable any
other provlslon hereof.
30. APPLICABL9 LAW,
This Agreement shall be governed by and construed in accordance with the lags of the
Mate of Florida, United Mates of America, and, unless otherwise agreed to in writing by
both parties hereto, venue and jurisdiction shall lie only in Browafd County, Florida, Each
of CITY and BSo hereby submits to such jurisdiction and venue and waives any defense of
inconvenient forum in relation hereto.
3 1 • )MAIVER OF
EM9��
CITY and BSo hereby irrevocably waive, to the fullest extent permitted by lair, the
posting of any bond, surety or other security that might be required of any party in any
actions, proceeding or counterclaim, whether at law or equity, brought by either of there.
Further, CITY and BBo hereby Irrevocably waive, to the fullest extent permitted by law,
trial by jury on any action, proceeding or counterclaim, whether at law or equity, brought
by either of therm.
Each and every covenant and agreement herein shall be separate and independent from
any other and the breach of any covenant or agre4 anent shall in no way or manner
discharge or relieve the performance of any other covenant or agreement. Each and all of
the rights and remedies given to the Non -Defaulting party by this Agreement or by law or
equity are cumulative, and the exercise of any such right or remedy by the Non -Defaulting
Party shall not impair the Non -Defaulting Party's right to exercise any other right or
remedy available to the Non -Defaulting Party under this Agreement or by law or equity.
33, WAIVER
No delay in exercising or omission of the right to exercise any right or power by any party
hereto shall Impair any such right or power, or shall be construed as a waiver of any
breach or default or as acquiescence thereto,, one or more waivers of any covenant, term
4
or condition of this Agreement by either party shall not be construed by the other party as
a waiver of a continuing or subsequent breach of the same covenant, provision or
condition. The consent or approval by either party to or of any act of the other party of a
nature requiring consent or approval shah not be deemed to waive or render unnecessary
consent to or approval of any subsequent similar act, Payment or receipt of a lesser
amount than that due hereunder shall not be deemed to be other than on account of the
earliest amount due hereunder. Any endorsement or statement on any check or letter
accompanying any check shall not be deemed an accord and satisfaction and the receiving
party may accept and negotiate such check or payment without prejudice to that party's
right to recover the balance of the full amount due or pursue any other remedy available
hereunder.
If the performance of any covenant, agreement, obligation or undertaking (exclusive of
payment or monetary obligations of either party hereunder) required hereunder is
delayed, hindered or prevented by reason of strikes, lock -outs, labor troubles, wars, civil
connmotions, Acts of God, governmental restrictions or regulations or interferences, fires
or other casualty, the performance of such covenant, agreement, obligation or
undertaking shall be excused and extended and shall not be a Default for the period of
such delay, hindrance or prevention,
35, AT"TORN EM' F99
In the event of any controversy arising under or relating to the interpretation or
implementation of this Agreement or any breach thereof, the prevailing party shall be
entitled to payment for all costs and attorney's fees (both trial and appellate) incurred in
connection therewith.
36. DEECR.IPTIQN OF SERVICES
Those services (a) customarily rendered by municipal police departments or BSO, and (b)
required to be performed under Applicable Laws or CITY Ordinances, unless the
subsequent modification or adoption of an ordinance or Law results in additional costs to
BSO in which case the CITY and BSO will negotiate }n good faith to address the increased
costs.
BSO law enforcement services are comprised of direct services, indirect services, special
detail services and countywide services, which are defined as follows:
a. Direct Services — are those services that are provided by the District Staff.
b. Indirect Services -- are those BSO-provided Non -District Staff services that are
centralized within BSO, but provide benefits throughout BSO (including the CITY).
c. Special Detail Services are those services offered by BSO pursuant to §30.2905,
Florida Statutes, which authorizes BSO to administer a program that allows public and
private entities to contract for the services of sheriff's deputies during off -duty hours.
d. Countywide
Services -
those services
that
are funded
by
Broward
County as a
countywide
service and
provided by
BSO
to any and
all
Broward
County law
enforcement agencies (irrespective of whether they have an agreement with BSO) that
requests such service.
Each of these services is detailed further below.
D R Ea S ERACES :
The law enforcement services provided by the District Staff pursuant to this Agreement
are as follows:
a. Uniformed law enforcement patrol
BSO
will
provide uniformed law
enforcement patrol services for the CITY twenty-
four
(24)
hours per day, seven
(7) days
a week.
The Patrol Zones may be modified upon mutual written agreement of the District
Chief and the City Manager. In order to address the ever --changing law
enforcement needs of the City, the District Chief or the Chief's designee shall have
the discretion to modify the deployment of staff within those patrol zones.
Deputy Sheriffs will make every reasonable effort to respond to emergency calls as
expeditiously as possible while maintaining safe operations, subject to BSDfs
response standards and protocols.
Deputy Sheriffs assigned to uniformed law enforcement patrol services will provide
vacatlon-house check services and premises surveillance as follows:
1. For vacations that are three weeks or less, Deputy Sheriffs will check once In 24
hours.
2. For seasonal properties, deputy sheriffs will check the property at least once
per month.
b. Other Law Enforcement Services
In addition to uniformed law enforcement patrol service described above, the
District Staff will provide the following law enforcement services for the CITY:
1. BSO shall provide public education programs;
2. BSO shall provide law enforcement action (i.e. DUI checkpoints, drug
enforcement initiatives) as determined by the District Chief based on trends
and statistics within the CITY;
3, The District Chief or designee will attend and participate at CITY staff
meetings, CITY Commission meetings as requested by the City Manager or
designee;
4. Upon the request of a homeowners' association, the District Chief or
designee will attend the association's membership meeting;
INDIRECT SERVICES
The CITY Indirectly receives the benefit of the following services associated with law
enforcement by virtue of this Agreement with BSO:
a) Administration;
b) Budget;
c) Central Supply;
d) Citizen Observer Patrol;
e) Compensation and Assessment;
f) Employee Assistance Program;
g) Employee Benefits;
h) Enterprise Technology Division;
1) Equal Employment opportunity Division;
J) Evidence;
k) External Affairs (Media Relations, Public Relations and Crime Stoppers);
1) Finance;
m) Fleet Control;
n) Grants Management;
o) Human Resources;
p) Institute for Criminal Justice Studies;
q) Legal;
r) Labor Relations;
s) Purchasing;
t) Records;
u) Recruitment;
v) Selection and Assessment;
w) Victim Services; and
x) Any other services that meet the definition of Indirect Service as determined by
Mo.
The cost of Indirect services are allocated to this Agreement.
1, BSO shall provide security and traffic detail deputies to support special event activities
occurring within the CITY In accordance with the BSO's Special Details Policies and
Procedures. The BSO shall cooperate with the CITY and follow CITY procedures In the
permitting of special events. The CITY agrees to authorize BSO to act as public safety
representative for the CITY In permitting of special events (excluding fire/rescue matters
handled by the Fire Department). Special details for which deputies must be dedicated or
assigned to an event shall be worked out with the -sponsoring agency. Special details for
CITY -sponsored events will be provided based upon the terms set forth Exhibit A, Special
Terms and Conditions.
The City Manager may modify the the number of City -sponsored events upon providing
the District Chief with reasonable written notice of such modification. Furthermore,
additional City -Sponsored Events may be added upon mutual agreement of the City
Manager and District Chief. It is understood that there may be circumstances in which
deputies assigned to patrol must be temporarily reassigned to traffic to supplement
special detail deputies. At the CITY Manager's request, the BSO shall provide a uniformed
deputy for security at any noticed CM meeting at no additional cost to the CITY.
COUNTYWIDE SERVICE$
Unless otherwise agreed or set forth herein and subject to County funding, the following
services shall be provided to the CITY by BSO as Countywide Services to the extent that
such services would be provided by BSO to any and all other municipalities in Broward
County that request such service Irrespective of whether or not the CITY has a contract
with BSO for such services:
a) Regional narcotics investigations;
b) Career criminal investigation;
c) Multi -agency gang task force operations;
d) Case filing;
e) Marine/dive team;
f) Canine deployment;
g) SWAT team response;
h) Major investigations to include homicide, aggravated felonies, abuse and neglect, sex
crimes, missing persons, robbery, economic crimes, traffic homicide, bomb and
arson, environmental crimes, auto theft, fugitive apprehension, crime scene
technicians and major crime scene technical expertise;
i) Drug enforcement and money laundering; and
j} Strategic Intelligence functions,
kj The use of the mounted patrol;
1) Law enforcement technical support services;
m) Street crimes enforcement;
n) Full service crime lab;
o) Helicopter patrol and air rescue services;
p) Prisoner and jail services for municipal ordinance violators;
q) E-911 (lain enforcement, fire, and EMS dispatch), subject to County funding as set
forth herein; and
r) Any other services, excluding those indirect services listed, BSO generally provides
to other lave enforcement agencies throughout Broward County, whether they have a
contract with BSO or not.
The CITY recognizes that the Board of County Commissioners, Broward County, Florida Is
the authority which establishes, allocates or otherwise provides for BSO's budget year
funding. If in any budget year, funding, for any reason, is not provided sufficient to cover
BSO"s ability to provide the countywlde services, as determined by BSO, BSO reserves the
right to notify the CITY accordingly In writing. In such an event, the countywide service
will be discontinued, unless the CITY and BSO agree otherwise by a formal written
amendment to this Agreement executed with the same formalities as set forth herein.
ADDITIONAL SERVICES
Upon the request of the CITY Manager ,and BSO's availability of resources, BSO agrees to
provide such additional resources at a cost mutually agreed upon by the parties,
FOURTH AMENDMENT
TO
AGREEMENT
FOR
POLICE SERVICES
This Fourth Amendment is entered into this day of
the Broward Sheriff's Office (hereinafter referred to a
Tamarac (hereinafter referred to as the "CITY").
I 2015 by and between
"S RIFF") and the City of
WHEREAS, on or about December 8, 2010, SHERIFF and the CITY entered into an
Agreement for Police Services; and
WHEREAS, on or about November 14, 2012, SHERIFF and the CITY entered into a
First Amendment to Exhibit A; and
WHEREAS, on or about September 25, 2013, SHERIFF and the CITY entered into a
Second Amendment, adding one motor deputy and one C SA; and
WHEREAS,
on or about May
21,
2014, SHERIFF and the CITY entered into a Third
Amendment,
adding
staffing
by
one
CSA position; and
WHEREAS, the Agreement for Police Services, First Amendment, Second Amendment,
and Third Amendment are hereinafter collectively referred to as the "Agreement"; and
WHEREAS, CITY and SHERIFF are now desirous of renewing the Agreement for an
additional five (5) year term; and
NOW, THEREFORE, in consideration of the mutual terms and conditions contained
herein, the parties agree as follows:
1. The foregoing recitations are true and correct and are incorporated by reference.
2. The Agreement shall be renewed effective October 1, 2015 and expire on
September 30, 2020, unless otherwise terminated as provided in the Agreement.
3. Except as modified herein, all remaining items and conditions of the Agreement,
shall remain in full force and effect.
1
IN WITNESS WHEREOF, each of the parties hereto executes this Fourth Amendment
through its duly authorized representatives as set forth below.
BROWARD SHERIFF'S OFFICE
-6(
SCOTT J. IS
Approved as to fo
By:
Date:
,s
and legal sufficiency subject to the execution by the parties:
.Date:
. GUNZBURGER, General Counsel
�e,`llll I � �s�l®®'
CITY OFT C\\�� �.
ATTEST:
By: (,ee Y
PAT TELJFEL, Ci
a • —
✓ � F • M n # 'I�� T
r� °a•...••°a..,IIARRYDRE
Cle
ity Manager
SLER, Mayor
APPROVED AS TO FORM:
SAIVIUEL S. GOREN, City Attorney
2