HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-101Temp. Reso. #12371
September 25, 2013
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
/—
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA APPROVING THE SECOND AMENDMENT TO
THE LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE
CITY OF TAMARAC AND THE BROWARD SHERIFF'S OFFICE;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE
THE SECOND AMENDMENT TO THE AGREEMENT FOR POLICE
SERVICES;* PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac contracts for police services with the Broward
Sheriff's Office; and
WHEREAS, the City of Tamarac is desirous of maintaining a high level
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 approved
on December 8, 2010, entered into the existing agreement between the City of Tamarac
and the Broward Sheriff's Office for Police Services for a 5 year term commencing on
October 1, 2010; and
A
WHEREAS, the City of Tamarac, through Resolution No. R-2012-124 on
November 14, 2012, amended the agreement in order to provide an elevated level of
police services by revising the staffing complement by adding five additional deputies
and on administrative staff; and
WHEREAS, the City of Tamarac approved Resolution No. R-2012-128 on
November 14, 2012 authorizing. American Traffic Solutions (ATS) to install Traffic
Infraction Monitoring Equipment (Red Light Cameras); and
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September 25, 2013
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WHEREAS, the agreement with ATS provided that the first $214,133 would go
towards the annual cost of the Broward County Sheriff's Office personnel performing the
duties related to the City's Red Light Photo Enforcement Program; and
WHEREAS, the Broward County Sheriff's Office has requested one additional
deputy and one additional Community Service Aid to support the Red Light Photo
Enforcement Program; and
WHEREAS, the City of Tamarac and the Broward Sheriff's Office wish to revise
the staffing complement as outlined in Amendment 2, attached hereto as Exhibit 1; and
WHEREAS, the Assistant City Manager and the Director of Financial Services
recommend the approval and execution of the Second Amendment to the Law
Enforcement Service Agreement; 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 Second Amendment to the Law
Enforcement Service Agreement between the City of Tamarac and the Broward
Sheriff's Office for a period to be effective through September 30, 2015.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct, and are incorporated herein by this reference. All
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Temp. Reso. #12371
September 25, 2013
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exhibits attached hereto are incorporated herein and made a specific part of this
resolution.
Section 2: The appropriate City Officials hereby approve and are authorized to
execute the Second Amendment to the Law Enforcement Service Agreement between
the City of Tamarac and the Broward Sheriff's Office, attached hereto as Exhibit 1.
Section 3: All resolutions inconsistent or in conflict herewith shall be and are
hereby repealed insofar as there is conflict or inconsistency.
Section 4: If any section, sentence, clause, or phrase of this resolution is held to
be invalid or unconstitutional by any court of competent jurisdiction, then such holding
shall in no way affect the validity of the remaining portions of this resolution.
Section 5: This resolution shall become effective upon its passage and adoption
by the City Commission.
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September 25, 2013
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 02 J("- DAY OF 92013.
ATTEST:
PATRICIA TELOFEL, CMC
CITY CLERK
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
. F-tz=L -- -
SAMUELS-GOREN
CITY ATTORNEY
CITY OF TAMARAC FLORIDA
BETH TALABISCO, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
-47"
DIST 1: COMM. BUSHN LL
DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLERi
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Office of the General Counsel
2601 West Broward Boulevard
Fort Lauderdale, Florida 33312
954.831.8920 (Telephone)
954.321.5040 (Fax - Legal)
954.797.0937 (Fax - Confiscations Unit)
www.sheriff.org
September 16, 2013
Pat Teufel, City Clerk
City of Tamarac
City Hall, Room 101
7525 NW 88th Avenue
Tamarac, FL 33321
RE: Agreement for Execution between BSO and City of Tamarac
Dear Ms. Teufel:
Attached please find two (2) original 2"d Amendments that have been executed by BSO.
Please execute and date the Amendments where indicated and return one (1) original
Amendment to my office. You may retain the other original for your file.
Thank you Wr y ur time and attention to this matter.
Since
Sworn Assistant General Counsel
LF/mc
Enclosure (2)
SECOND AMENDMENT
TO LAW ENFORCEMENT SERVICE AGREEMENT
BY AND BETWEEN
THE CITY OF TAMARAC AND BROWARD SHERIFF'S OFFICE
I',
THIS SECOND AMENDMENT is made and entered into this � 5 ` day of
2013 by and between the City of Tamarac, a municipal corporation organized
tanadi;��existing�wunder the laws of the State of Florida, which municipality is fully located within the
boundaries of Broward County, Florida (hereinafter referred to as "CITY") and the Broward
Sheriff s Office (hereinafter referred to as "BSO") .
WITNESSETH:
WHEREAS, on or about December 8, 2010, the CITY contracted with BSO to provide
law enforcement services to the CITY ("Original Agreement"); and
WHEREAS,
the City
desires to
implement its City's Red
Light Photo Enforcement
Program established
in Chapter
14.5
of
the
City's Code
of
ordinances;
and
WHEREAS, the Original Agreement between the CITY and BSO must be amended to
facilitate the City's Red Light Photo Enforcement Program.
WHEREAS, the CITY and BSO now desire to amend the staff structure by adding one
(1) Motor Deputy Sheriff and one (1) Community Service Aide; and
NOW THEREFORE, in consideration of the sums hereinafter set forth and for other
good and valuable consideration, the receipt and legal sufficiency of which are hereby
acknowledged, it is agreed as follows:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. Effective thirty (30) days after receipt of written notice from City, the staffing
structure shall be increased by one (1) Motor Deputy Sheriff and one (1)
Community Service Aide and the cost for these additional positions shall be
included in BSO's monthly invoices. The personnel assigned to the City pursuant
to this Second Amendment shall be compliant with the training requirements of
Section 316.0083, Florida Statutes.
Section 3. The increased staff resulting from this Second Amendment shall be dedicated
solely to reviewing potential Red Light Camera Violations pursuant to Section
316.0083, Florida Statutes, as authorized by Chapter 14.5, City Code, generated
by the City's assigned Red Light Photo Enforcement Program vendor.
Section 4. For purposes of this Second
Amendment, "Reviewing,"
as stated in
Section 3,
supra, shall mean processing
each potential violation in
accordance
with State
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a
Laws and/or City Ordinances within five business (5) days of its appearance in
the Red Light Photo Enforcement Program vendor's software; determining which
violations will be issued as Notices of Violation or Uniform Traffic Citations;
attending any and all special magistrate or court hearings as requested by the City,
with or without a subpoena; assist in hearing preparation; attending all trainings
held by the City's Red Light Photo Enforcement Program vendor and/or the City;
and any and all duties required to facilitate the intent of the City's Red Light
Photo Enforcement Program.
Section 5. The City may
terminate
this
Second
Amendment upon thirty (30) days written
notice to BSO
if the City
ends
its Red
Light Photo Enforcement Program.
Section 6. Paragraph 1 of Exhibit B entitled "Definitions," of the Original Agreement is
amended as follows:
t. Red Light Camera Infractions — violations of Section 316.0083, Florida
Statutes, as may be amended from time to time, also known as the "Mark Wandall
Traffic Safety Act."
Section 7. Exhibit B entitled "Description of Services," is amended and renumbered as
follows:
DIRECT SERVICES
b. Other Law Enforcement Services
5. Red Light Camera Infraction Review as authorized by an addendum to
this Agreement.
Section 8. Except as amended herein, all other provisions of the Agreement shall remain in
full force and effect.
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SECOND AMENDMENT TO LAW ENFORCEMENT SERVICE AGREEMENT BY
AND BETWEEN THE CITY OF TAMARAC AND BROWARD SHERIFF'S OFFICE
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
date(s) indicated below.
BROW RD SHERIF OFFICE
"L ly 7/1
SCOfiT J. ISRAEL
Sheriff
Approved as to form and legal sufficiency
subject to executio
parties:
RONALD M. kGWZBURGER, General C9unsel
CITY,OF
BETH TALABISEO, bd*or
PATRICIA TEUF4, City
a �
Clerk TA �1S
.� NORM
UJ 1963
Cc
r '
Approved as to form and le al suffi
pp g
CITY ATTORNEY
H:\ contracts\tamarac BSO Agreement 2013 - 2nd Amendment.doc
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