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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-145Temp. Reso. #11966 November 23,2010 Pagel CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- l Y, j A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF TAMARAC AND THE SHERIFF OF BROWARD COUNTY EFFECTIVE NUNC PRO TUNC OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST 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 Sheriffs 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. #2005-121 on June 22, 2005 entered into the existing agreement between the City of Tamarac and the Sheriff of Broward County for Police Services for a 5 year term commencing on October 1, 2004; and WHEREAS, the City of Tamarac, informed the Sheriff of Broward County of its intent to continue to contract with the Sheriff of Broward County for municipal Police Services in May 2009; and WHEREAS, the parties agreed to the continuation of services under the terms of the existing agreement pending renegotiation of the agreement; and Temp. Reso. #11966 November 23,2010 Page2 WHEREAS, the City of Tamarac and Broward County Sheriffs Office agreed to the addition of two (2) School Resource Officer Positions and an annual consideration for Fiscal Year 2010 in the amount of $11,699,797.00 as outlined in the First Amendment to the Agreement (attached hereto as Exhibit 1); and WHEREAS, the Assistant City Manager and the Director of Financial Services recommend the First Amendment to the Agreement for Police Services between the City of Tamarac and the Sheriff of Broward County for Police Services for Fiscal Year 2010; 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 First Amendment to the Agreement for Police Services between the City of Tamarac and the Sheriff of Broward County for Fiscal Year 2010. 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 First Amendment to the Agreement between the City of Tamarac and the Sheriff of Broward County (attached hereto as Exhibit 1) for Police Services for a period to be effective nuns pro tunc October 1, 2009 through September 30, 2010. Temp. Reso. #11966 November 23,2010 Page3 SECTION 3: The appropriate City Officials are hereby authorized to execute the First Amendment to the Agreement for Police Services between the City of Tamarac and the Sheriff of Broward County. 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: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this _day of , 20/. BETH TALABISC MAYOR A ST: PETER M. J. RICtMARDSON, CR , CMC CITY CLERK. RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: V/M BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER CJ !. / 0 I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. GOREN CITY ATTORNEY FIRST AMENDMENT TO THE AGREEMENT FOR POLICE SERVICES BETWEEN THE SHERIFF OF BROWARD COUNTY AND THE CITY OF TAMARAC This Fir Amen ent to the AGREEMENT FOR POLICE SERVICES is made this ow of , 2010 by and between the SHERIFF OF BROWARD COUNTY (hereinafter referred to as "BSO") and the CITY OF TAMARAC (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, on or about June 22, 2005, the City and BSO entered into an AGREEMENT FOR POLICE SERVICES ("Original Agreement"); and WHEREAS, the initial term of the Agreement expired on September 30, 2009 and WHEREAS, the CITY and BSO agreed to extend the Agreement through September 30, 2010 at an agreed upon consideration amount; 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: The above recitals are true and correct and incorporated herein. 2. The Agreement is hereby formally extended from October 1, 2009, nunc pro tunc, through and including September 30, 2010. 3. Effective October 1, 2009, BSO shall provide two (2) School Resource Officers in addition to the staffing requirements detailed in the Original Agreement. 4. The agreed upon annual consideration for fiscal year 2010 is eleven million six hundred ninety nine thousand seven hundred ninety seven dollars ($11,699,797.00). 5. The CITY and BSO hereby recognize and acknowledge that both parties have performed their respective obligations as set forth in the Agreement and this First Amendment for Fiscal Year 2010. 6. The CITY and BSO further recognize and acknowledge that the Agreement as described in this First Amendment expired on September 30, 2010 and a new agreement for Police Services shall be executed to cover periods beyond Fiscal Year 2010. —1— 7. The terms and conditions of the Original Agreement shall remain in full force and effect unless otherwise amended herein. FIRST AMENDMENT TO THE AGREEMENT FOR POLICE SERVICES BY AND BETWEEN THE SHERIFF OF BROWARD COUNTY AND THE CITY OF TAMARAC IN WITNESS HEREOF, this First Amendment has been executed on the date(s) set forth below. CITY OF TAAARAC , By: Name: L: •�: �L Title: Date: Attest t Name -- Title: [SEAL] Approved as to form and legal sufficiency subject to execution by th parties: By: Alt- -CITY TT RNEY Date: PZe/d . SH 1 F B O ARD N Date:) AL LAMbERTI Sheriff Approved as to form and legal sufficiency subject to execution by tlq parties: By: N N Judi Levine, General Counsel —2— Date: