HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-226Temp. Reso. #10246 - September 8, 2003
Page 1
Rev. 1 — 9/26/03
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003 -
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE
A BROWARD SHERIFF'S OFFICE PERMIT
APPLICATION FOR SPECIAL DETAILS FOR POLICE
SERVICES TO BE USED BY THE PARKS AND
RECREATION DEPARTMENT IN AN AMOUNT NOT
TO EXCEED $57,000.00 IN FY 04; APPROVING
FUNDING FROM THE APPROPRIATE PARKS AND
RECREATION ACCOUNT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 10, 1999, the City Commission of the City of
Tamarac, Florida, approved Resolution No. R-99-309, authorizing the appropriate
City officials to execute an Agreement with the Broward Sheriffs Office for Police
Services and provided for the first Addendum to the Agreement via Resolution No.
R-2002-338, attached hereto as Exhibit "A"; and
WHEREAS, said Agreement commenced October 1, 1999 and ends
September 30, 2004; and
WHEREAS, Article VIII of the Agreement, Additional Services, provides
that the Broward Sheriffs Office agrees to provide such additional resources at a
cost mutually agreed upon by the parties; and
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Temp. Reso. #10246 - September 8, 2003
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Rev. 1 — 9/26/03
WHEREAS, per paragraph 7 of the Terms and Conditions of the Permit
Application for Special Details, the minimum charge for each deputy sheriff on any
Special Detail will be for three (3) hours of service, at the usual detail charge of
$25.00 (rate effective April 1, 2002); specialized or motorized detail equipment will
incur additional charges as noted in paragraph 7 of the Terms and Conditions of
the Permit Application for Special Details; and
WHEREAS, in an effort to maintain safe parks and recreation facilities,
certain police services are required by the Parks and Recreation Department; and
WHEREAS, the Broward Sheriff's Office has been providing such needed
services to Parks and Recreation as required; and
WHEREAS, funds exist in the appropriate Parks and Recreation accounts
entitled "Other Contractual Services - Police Protection" and "Events"; and
WHEREAS, the Parks and Recreation Director and the Purchasing and
Contracts Manager recommend execution of a Broward Sheriff's Office Permit
Application for Special Details, to be used by the Parks and Recreation
Department for police services for City of Tamarac parks and recreation facilities
in an amount not to exceed $57,000.00in FY 04; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
execute a Broward Sheriffs Office Permit Application for Special Details to be
used by the Parks and Recreation Department for police services for City of
Tamarac parks and recreation facilities in an amount not to exceed $57,000.00 in
FY 04.
Temp. Reso. #10246 -September 8, 2003
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Rev. 1 — 9/26/03
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 hereby made a specific part of this
resolution upon adoption hereof.
SECTION 2: The appropriate City officials are hereby authorized to
execute a Broward Sheriffs Office Permit Application for Special Details, attached
hereto as Exhibit "B", to be used by the Parks and Recreation Department for
police services for City of Tamarac parks and recreation facilities in an amount not
to exceed $57,000.00 in FY 04,
SECTION 3: Funding for this service will be from the appropriate Parks and
Recreation account entitled "Other Contractual Services - Police Protection" and
"Events".
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.
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Temp. Reso. #10246 - September 8, 2003
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Rev. 1 — 9/26/03
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 81h day of October, 2003.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
�J
1
73 7P 2 S PM 4: 11
Temp. Reso .
Exhibit "A"
RECEIVED
Cr!iY OF TAAMAHAi
I T' ; �,.
j`• I"�
Broward Counly Sheriff'- OnIC-
2601 W Broward B'%0
Fr LauCeraln. FL
Ig�.II ��1-oi`c0
Department of
Legal Affairs
Mr. Tim Hemstreet
Assistant City Manager
City of Tamarac
7525 N. W. 88`h Avenue
Tamarac, FL 33321-2401
3: 43
November 3, 1999
Re: Agreement between the City of Tamarac and Sheriff of Broward County
for Law Enforcement Services
Dear Mr. Hemstreet:
4
Please find enclosed three (3) copies of the above -referenced agreements with the
Sheriff s signature. Upon the City's execution, please return one (1) original to this
office.
Thank you for your efforts and cooperation in completing this agreement.
Sincerely,
J
Jeff Hessler
Assistant Legal Counsel
JHJmu
Enclosure
I+Nhesstc0Wnar2C
cc: Lt. Col. Tom Brennan
Chief Michael Goldstein
Bill MacDonald, Director, Finance and Budget
0
TABLE OF CONTENTS
ARTICLE I. POLICE SERVICE; LEVEL OF
2
ARTICLE 11. DEFINITIONS
2
ARTICLE III. TAMARAC STAFFING STRUCTURE
3
ARTICLE IV. SCOPE OF SERVICES
.4
ARTICLE V. UNINCORPORATED PATROL ZONES
6
ARTICLE VI. ANCILLARY SERVICES
8
ARTICLE VII. MAINTENANCE OF ABILITY
9
ARTICLE VIII. ADDITIONAL SERVICES
9
ARTICLE IX. EMPLOYMENT RESPONSIBILITY
10
ARTICLE X. EMPLOYMENT; RIGHT OF CONTROL
12
ARTICLE XI. EMPLOYMENT; AUTHORITY TO ACT
13
ARTICLE XII. CONSIDERATION +
14
ARTICLE XIII. FINES, FOREITURES; PAYMENT
16
ARTICLE XIV. LEASE AGREEMENT
19
ARTICLE XV. DISTRICT COMMANDER
25
ARTICLE XVI. CITY DISTRICT
27
ARTICLE XVII. INSURANCE
27
ARTICLE XVIII. HOLD HARMLESS
28
ARTICLE XIX. INDEPENDENT CONTRACTOR
29
ARTICLE XX. TERM
30
ARTICLE XXI. OPTION TO RENEW
30
ARTICLE XXII. TERMINATION
31
ARTICLE XXIII. TRANSITION
31
ARTICLE XXIV. EQUIPMENT APPRAISAL AND TRANSFER PROVISIONS
32
z
AGREEMENT
FOR
POLICE SERVICES
THIS AGREEMENT made and entered into in Broward County, Florida, this 7rti
day of DU-11-rYi hgA ,1999 by and between the City of Tamarac, a municipal corporation
organized and existing under the laws of the State of Florida, which is a municipality
located within the boundaries of Broward County, Florida (hereinafter referred to as CITY)
and the Sheriff of Broward County, Florida (hereinafter referred to as BSO) to be effective
nunc pro tunc October 1, 1999.
WITNESSETH:
WHEREAS, the CITY has heretofore maintained a high level professional police
protection for the benefit of the citizenry thereof, and
• WHEREAS, the CITY is desirous of maintaining the high level of competent
professional police service in conjunction and harmony with its fiscal policies of sound,
economical management, and
WHEREAS, the CITY is desirous of maintaining its Charter police power but at the
same time wishes to provide for daily police services through contractual agreement, and
WHEREAS, BSO has agreed to render to the CITY a high level of professional
police service, and the CITY is desirous of contracting for such services upon the terms
and conditions hereinafter set forth.
99C-104
0
Police Service Agreement
• 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 hereby agreed as follows:
ARTICLE 1
POLICE SERVICE LEVEL OF
BSO shall provide to CITY for the term hereinafter set forth, as the same may be
extended in accordance with the provisions hereof, competent professional police
protection within and throughout the corporate limits of CITY to the extent and in the
manner hereinafter described.
ARTICLE 11
DEFINITIONS
2.1 For the purposes of this Agreement, the following temps shall have the
respective meanings hereinafter set forth:
2.2 Patrol Unit A patrol unit shall be defined to mean one marked patrol
vehicle with one uniform Deputy Sheriff and all standard support equipment.
2.3 Service shall mean comprehensive police protection provided each day of
the year, on a twenty-four (24) hour per day basis.
2.4 Shift shall mean and include service provided on an eight (8) hour basis
(except supervisors may be assigned as needed) unless revised by mutual agreement of
0 99C-104
Police Service agreement
the parties; the commencement hour of any shift shall be determined and established from
time to time by BSO. If, during a particular shift, the assigned manpower is reduced to less
than eight (8) deputies, then BSO agrees to temporarily assign replacements to CITY'S
satisfaction.
TAMARAC STAFFING STRUCTURE
3.1 Commencing October 1,1999, the staffing structure of the Tamarac District
will be as follows:
1 District Commander
3 Executive Officer / Lieutenants
8 Sergeants
t
69 Deputy Sheriffs
1 Youth Counselor (Deputy Sheriff)
8 Community Service Aides
2 Clerical Assistants
92
The parties hereby acknowledge that the above staffing structure does not
include BSO deputies and employees providing services to patrol zones 715, 716 and 717
of unincorporated Broward County.
99G-104 3 Police Service Agreement
3.2 The parties recognize that a law enforcement agency requires flexibility in
order to meet society's challenge to combat crime and other social conditions. Therefore, '
the District Commander or his designee shall have the discretion to determine patrol
staffing levels and assignments for the above -stated personnel to provide adequate police
services to the CITY, subject to established BSO guidelines. BSO agrees that under no
circumstances will there be less than eight (8) deputy sheriffs on duty in the CITY on any
given shift. BSO will provide full staffing for all sworn law enforcement personnel. The
parties recognize that it may take a period of time to reach full staffing due to the number of
sworn law enforcement personnel added pursuant to this Agreement. BSO will make every
reasonable effort to fill the positions as soon as possible. Sworn personnel assigned to
specialized functions will be scheduled at the discretion of the District Commander in order
to achieve maximum effectiveness. BSO s6l submit a monthly report detailing vacancy '
days. This report shall be delivered to the CITY by the fifteenth day of the month
immediately following the month in which the vacancy occurred. The City will receive a
monetary credit for each vacancy, calculated pursuant to Articles 12.4 and 12.5 of this
Agreement.
ARTICLE IV
SCORE OF SERVICES
4.1 The uniform patrol force shall make every reasonable effort to respond to
emergency calls as expeditiously as possible while maintaining safe operations, subject to
BSO's response standards and protocols. The District Commander will monitor response
99C-104 4 Police Service Agreement
0
1-1
time reports and, upon request, provide response time reports to the City Manager. At
the request of the City Manager, the District Commander will meet to discuss response
times on emergency calls that exceed five (5) minutes.
4.2 Each patrol unit shall prominently display on the vehicle's exterior the legend
"Tamarac District" in letters at least two (2) inches in height and shall contain all standard
support equipment.
4.3 The uniformed Patrol Units shall provide vacation -house -check services and
premises surveillance not less than once during each twenty-four (24) hour period for each
resident of the CITY who registers for such service. The uniformed patrol unit shall provide
a high profile in both residential and business areas.
4.4 BSO shall answer and administer, on a twenty-four (24) hour daily basis, all
telephone communications related to police services at the Tamarac District.
4.5 In addition to the foregoing, BSO agrees to provide CITY without additional
cost, a central dispatch center, and E-911 Communication System, necessary to fulfill the
obligations of BSO under this contract.
4.6 At the request of the City Manager, one uniformed Deputy Sheriff shall be
available to attend each regular and special City Commission meeting, as well as any other
official City meeting or event, at no additional cost to the CITY.
4.7 BSO shall investigate employment related criminal allegations (i.e. fraud,
theft, assault, battery) filed against CITY personnel provided such investigations are within
BSO's jurisdiction.
0 99C-104 5 Police Service Agreement
4.8 BSO shall assist the CITY with security related issues to the extent such
issues are normally handled by law enforcement.
4.9 At the City Manager's request, BSO will provide local criminal records checks
on prospective City employees.
4.10 BSO shall ensure that all deputies assigned to the CITY receive adequate
training regarding City Ordinances. BSO will provide the City Manager with a monthly
report on all City Code violations issued by BSO personnel.
4.11 PROVIDED, FURTHER, except as otherwise hereinafter specifically set forth,
such professional police services shall encompass all those duties and functions of the
type coming within the jurisdiction of and customarily rendered by municipal police
departments and the Office of the Sheriff of Broward County, in accordance with the
i
Charter of the CITY, Charter of Broward County and the Statutes of the State of Florida. '
Any section in Article I I I herein relative to personnel schedules may be adjusted by the City
Manager with input from the District Commander and concurrence by the Sheriff.
ARTIM._F V
UNINCORPORATED PATROL ZONES
5.1 In recognizing that patrol zones 715, 716, and 717 of unincorporated
Broward County could be more efficiently served if the administrative and operational
responsibilities were assumed by District VII, the parties agree that District VII shall
assume administrative and operational responsibilities for the delivery of police services to
99C-104 6 Police Service Agreement
•
is
the unincorporated patrol zones 715, 716, and 717 as described and attached as Exhibit
"1" and as may be subsequently amended.
5.2 District VII's assumption of the administrative and operational responsibilities
for the delivery of police services to unincorporated patrol zones 715, 716, and 717 shall
be at no additional cost to the CITY and shall not diminish service to the CITY except for
routine instances of mutual assistance.
5.3 The parties acknowledge that the pooling of resources from the CITY and the
unincorporated patrol zones 715, 716, and 717 provides BSO with the ability to establish a
Selective Enforcement Team (SET). The SET Team shall conduct the necessary
investigations of criminal activities in District VII. The SET Team's responsibilities will be
determined by the District Commander or designee. The SET Team is a specialized
assignment within the District for particular investigations where and as the need for same
requires. The SET Team shall not operate in the traditional shift structure. The on duty
status of the team will be determined by the District Commander or designee subject to
recognized labor guidelines.
BSO shall have the right to move, modify, or eliminate the unincorporated patrol
zones (715, 716 and 717), however, the SET Team shall remain as part of the CITY's
service. A SET Team shall be established in the CITY on an as -needed basis at no
additional cost to the CITY.
0 99C-104 7
Police Service Agreement
ARTICLE VI
ANCILLARY SERVICES
BSO shall additionally provide to the CITY, the following expertise, services, and
facilities, which BSO would normally provide to other law enforcement agencies, upon their
request and its availability:
Full service crime lab;
Helicopter patrol;
Organized Crime Investigations (includes Vice & Narcotics);
Prisoner and jail services;
Investigators from Central Criminal Investigations;
Other Support Services, such as Traffic Homicide, Canine, etc., (as available to
other BSO districts or law enforcement jurisdictions);
and other such units or services as the BSO may provide during the term of this
Agreement;
School Resource Officers consistent with BSO policy and pursuant to BSO's
contractual arrangement with the Broward County School Board; and
E-911 (police, fire, and EMS).
The above services shall be provided at no additional cost to the CITY.
4
99G104 8 Police Service Agreement
1
ARTICLE VII
MAINTENANCE OF ABILITY
BSO shall furnish to and maintain for the benefit of the CITY, within the cost of the
contract therefor, all necessary labor, supervision, equipment, vehicles, communication
facilities and supplies necessary and proper for the purpose of performing =the services
duties and responsibilities set forth and contemplated herein and as necessary to maintain
the level of service to be rendered hereunder.
ARTICLE VIII
ADDITIONAL SERVICES
BSO agrees to advise the CITY of the need for additional resources including, but
0 not limited to, deputies. 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. BSO agrees to provide a Youth Counselor to CITY to assist youth in
Tamarac elementary schools, middle schools and high schools that Tamarac youth attend.
CITY shall delineate the services requested, provided such services are in accordance
with BSO's collective bargaining agreement and within the parameters of the job
classification.
0 99C-104 9 Police Service Agreement
ARTICLE IX
EMPLOYMENT RESPONSIBILITY
9.1 All law enforcement officers, deputy sheriffs and other persons employed
by BSO in the performance of such services, functions and responsibilities as described
and contemplated herein for the CITY shall be and remain BSO employees, and no one of
such persons shall be considered in the employ of the CITY for the purpose of pension
benefits, insurance benefits, civil service benefits, compensation and/or any status or right.
Accordingly, the CITY shall not be called upon to assume any liability for or direct payment
of any salaries, wages, or other compensation, contributions to pension funds, insurance
premiums, workmen's compensation funds (Chapter 441, Florida Statutes), vacation or
compensatory time, sick leave benefits or any other amenities of employment to any BSO
personnel performing services, duties and responsibilities hereunder whatsoever, arising
out of such employment and the performance of the services, duties and responsibilities
contemplated herein. In any event, the CITY shall not be liable for benefits accrued by any
employees during their tenure with the BSO.
Notwithstanding anything to the contrary, BSO agrees to contribute to the Tamarac
Police Pension Plan for those employees that elected to remain in the Tamarac Plan, the
amount of contributions which BSO would have paid to the Florida Retirement System
(FRS) on behalf of those employees had those employees elected to become members of
M.M
99C-104 10 Police Service Agreement
4
•
9.2 The parties agree that any employee taking leave of any kind subsequent to
June 30, 1989 will take first from the leave accumulated under the appropriate City of
Tamarac labor contract.
9.3 Employees of the CITY shall preserve their seniority effective as of the date
of hire with the Police Department of the City of Tamarac. In the case of law'enforcement
officers the date of certification with the City of Tamarac shall establish seniority. For
employees of the department other than certified law enforcement officers, the date of
classification with the department shall establish seniority. All due process rights
established by law, policy, procedures, or agreement shall be afforded to all qualified
deputies as those rights pertain to seniority, discipline, layoff or discharge in the Broward
Sheriffs Office.
9.4 BSO agrees that former Tamarac police officers now employed as BSO
deputy sheriffs be given the same opportunities, availability and assignment of light duty
work as those BSO employees.
9.5 Conditioned upon the deputy's bargaining unit representative's approval,
BSO agrees to give Tamarac trustees, permanently assigned to the Tamarac District,
electing to remain in the Tamarac plan, time off with pay to attend and travel to and from
Tamarac Pension meetings, educational seminars and other trustee business (such as
depositions or court hearings) in accordance with terms of the collective bargaining
agreement between the Sheriff of Broward County and the bargaining unit. Tamarac
trustees that are assigned outside the Tamarac District will be given time off as provided
0 99C-104 11
Police Service Agreement
herein if such time off does not impair the operational effectiveness of the District in which
the trustee is assigned, as determined by the applicable District Commander. 4
ARTICLE X
EMPLOYMENT; RIGHT OF CONTROL
10.1 BSO shall have and maintain the responsibility for and the control of the
rendition of the services, the standards of performance as set forth in BSO policy, the
discipline of personnel and other matters incident to the performance of the services, duties
and responsibilities described and contemplated herein.
10.2 The parties acknowledge that it is important for the CITY to have BSO
personnel who are acquainted with the general make-up of the CITY and are familiar with
the geography, its Industrial, business and residential composition, and its crime problems.
BSO shall educate BSO employees (assigned to District 7) of Tamarac's geographic area,
including neighborhood areas and section names.
10.3 Upon written notice, the City Manager shall have the right to transfer or
reassign any deputy or employees subject to the Sheriff's approval, which shall not be
unreasonably withheld.
10.4 Upon written notice, BSO shall have the right to transfer or reassign any
deputy or employees subject to the City Manager's approval, which shall not be
unreasonably withheld. BSO shall provide CITY upon request with background information
99C-104 12 Police service Agreement
4
CJ
•
and personnel files of all BSO employees transferred in or out of Tamarac with the
exception of any information exempt pursuant to the public records law.
ARTICLE XI
EMPLOYMENT: AUTHORITY TO ACT
The CITY does hereby vest in each sworn officer of BSO who, from time to time,
may be assigned to the Tamarac Division of BSO, to the extent allowed by law, the police
powers of the CITY which are necessary to implement and cant' forth the services, duties,
and responsibilities imposed upon BSO hereby, for the sole and limited purpose of giving
official and lawful status and validity to the performance thereof by such sworn officers.
Every sworn officer of BSO so empowered hereby and engaged in the performance of the
services, duties and responsibilities described and contemplated herein shall be deemed to
be a sworn officer of the CITY while performing such services, duties and responsibilities
which constitute municipal functions and are within the scope of this Service Agreement.
Accordingly, such sworn officers of BSO are hereby vested with the power to enforce the
ordinances of the CITY, to make arrests incident to the enforcement thereof and to do such
other things and perform such other acts as are necessary with respect thereto.
0 99G104 13
Police Service Agreement
r1:iti ow.411
CONSIDERATION
12.1 The CITY agrees to pay BSO, in consideration for the services described
herein, seven million five hundred sixty six thousand eighteen dollars ($7,566,018) for
fiscal year 2000 to be paid in monthly installments due and payable before the first day of
each month in the amount of six hundred thirty thousand five hundred one and 50/100
dollars ($630,501.50), The CITY further agrees to pay to BSO for fiscal year 2001, the
lesser of BSO's projected budgetary cost of seven million seven hundred thirty-seven
thousand ninety-one dollars ($7,737,091) or BSO's approved budgetary costs. For
purposes of this Article, BSO's projected budgetary costs and approved budgetary costs
shall include Tamarac District's share of BSO's line item appropriation for salary and
4
benefit adjustments. The consideration for fiscal years 2000 and 2001 shall be due and ,
payable before the first day of each month.
12.2 The consideration payable by the CITY for fiscal years 2002, 2003 and 2004
shall be subject to an annual percentage rate increase, not to exceed five percent (5%) of
the contractual consideration for the preceding year, excluding any adjustments for
vacancy credits that may occur, as provided in paragraph 12.4 and 12.5, Such increases
shall only be approved after the BSO has provided detailed financial back-up justifying the
increase to the CITY. The City Manager shall within thirty (30) days of receipt of the BSO
request, submit same to the City Commission for their consideration.
99C-104 14 Police Service Agreement ,
12.3 BSO will provide full staffing for all sworn law enforcement personnel. The
• parties recognize that it may take a period of time to reach full staffing due to the number of
sworn law enforcement personnel added pursuant to this Agreement. BSO will make every
reasonable effort to fill the additional positions as soon as possible.
12.4 The CITY shall be entitled to a credit for any vacancies that occur during the
fiscal year. A vacancy occurs when a deputy or employee is absent from work and such
absence results in a salary savings to BSO, or when a budgeted position is unfilled, or
when a deputy or employee is absent from work due to sickness and the absence due to
sickness exceeds five (5) consecutively scheduled work days in which case a vacancy
occurs for only those consecutively scheduled work days during such period of sickness
that exceed the initial five (5) consecutively scheduled work days of the same period of
sickness, or when a BSO Tamarac District Employee is on assignment outside the
Tamarac district, with the exception of training or when such assignment has an
operational benefit or furthers the law enforcement efforts in the Tamarac District. The
CITY's credit shall be calculated using pay Step "F" of the affected class plus all associated
benefit costs including, but not limited to, pension, social security, FICA, and health
insurance in the BSO's Pay Plan.
12.5 The vacancy credit shall be computed on a quarterly basis. Any vacancy
credit shall be applied against the monthly consideration due in the second month following
the end of the quarter in which the credit accrued. For purposes of calculating the vacancy
credit for the last quarter of the fiscal period (July - September), vacancies shall be
40
99C-104 15 Police Service Agreement
projected for August and September based upon BSO's vacancies during the month of
July. The projected vacancy credit for the last quarter shall be credited against the CITY's
q 9
September payment. In the event the actual vacancy credit for the last quarter differs from
the above projected figures, the difference shall be adjusted in CITY's November payment.
12.6 Otherwise, the consideration recited herein constitutes the entire
consideration to be paid hereunder and upon the payment thereof, in the manner and at
the times prescribed herein, the CITY shall have no further monetary obligations to BSO or
any third party providing services describe in this Service Agreement.
ARTICLE XIII
FINES FORFEITURES; PAYMENT
13.1 All law enforcement education funds levied and collected by the Clerk of the ,
Court and earmarked for CITY pursuant to Section 943.25, Florida Statutes, shall be
assigned over to BSO and used by BSO for the law enforcement education purposes
authorized in said statute. Apart from such funds, BSO shall have no claim or right to any
other monies or things of value which CITY receives or may hereinafter receive by way of
entitlement programs, grants or otherwise in connection with police or law enforcement
activities.
13.2 CITY and BSO do hereby acknowledge, one to the other, that nothing
contained herein shall in any way be construed to impairthe CITY's right to the disposition
of fines and forfeitures to which the CITY would be entitled, pursuant to Section 316.0261,
99C-104 16 Police Service Agreement 4
Florida Statutes, as the same may be amended from time to time, or as to proceeds and
forfeitures arising under the sale or disposition of unclaimed property or under any statutory
p
or common law proceedings to which the CITY would otherwise be entitled, except as
limited by Section 13.3 hereof.
13.3 BSO agrees that any currency seized within the CITY, through active
participation of Tamarac District's personnel, pursuant to this Agreement and Chapter 932
of the Florida Statutes, and subsequently forfeited to BSO, shall be deposited into the Law
Enforcement Trust Fund established by the Broward County Commission in an amount
which represents the Tamarac District's share, as defined in paragraph 13.7, of such
currency. During the term of this Agreement, such currency shall be earmarked for BSO's
use within the confines of the CITY.
. 13.4 Upon concurrence of the District Commander, the CITY may apply to BSO for
the use of such funds if such application is in compliance with Florida Statutes. BSO
agrees to submit such application to the Broward County Commission for appropriation.
Upon appropriation, such funds shall be made available to BSO for its designated use
within the confines of the CITY.
13.5 The parties agree that the decision to dispose of or use personal property
seized within the CITY through active participation of Tamarac District personnel shall be in
the sole discretion of BSO. In the event BSO decides to use such personal property
outside of the CITY, BSO shall allocate funds to the Law Enforcement Trust Fund
equivalent to the Tamarac District's share, as defined in paragraph 13.7, of the mutually
• 99G104 17 Police Service Agreement
agreed upon fair market value of such personal property less any lien on such property
and the cost incurred by BSO in proceeding with such forfeiture action including, but not
limited to court costs, attorney fees, publication costs, storage charges, security, and
maintenance costs. Such allocated funds shall be earmarked for BSO's use within the
confines of the CITY in the same manner described in the above paragraph.
13.6 The parties agree that the decision to use or dispose of real property seized
within the CITY through active participation of Tamarac District personnel shall be in the
sole discretion of BSO. In the event BSO decides to dispose of such real property, BSO
shall allocate funds to the Law Enforcement Trust Fund equivalent to the Tamarac District's
share, as defined in paragraph 13.7, of the mutually agreed upon fair market value of such
real property less any loans, mortgages, liens, or any other encumbrance on such property
and the cost incurred by BSO in proceeding with such forfeiture action including, but not ,
limited to court costs, attorney fees, publication costs, security, and maintenance costs.
During the term of this Agreement, such allocated funds shall be earmarked for BSO's use
within the confines of the CITY,
13.7 The Tamarac District's share will be based upon the ratio that the Tamarac
District's personnel's participation bears to the participation of all law enforcement
agencies' and units' participating in the seizure of the property.
13.8 BSO shall, on a quarterly basis, supply the CITY with written record of the
above -described fines and forfeitures. Such report(s) shall include a description and
estimate of value of properties seized under the laws of the State of Florida, whether or not
99C-104 18 Police Service Agreement 4
disposition thereof has been adjudicated. Moreover, such report(s) shall be amended,
• from time to time, by reflecting the ultimate disposition of property described in an earlier
report(s), and such amendatory report(s) shall be submitted to the CITY within ten (10)
days of the ultimate adjudication with regard to the seizure of such property.
13.9 BSO agrees that Law Enforcement Trust Funds shall not be utilized to
recover costs incorporated within BSO's budget for the Tamarac District.
ARTICLE XIV
LEASE AGREEMENT
14.1 BSO agrees to lease from the CITY a District Office in the CITY pursuant to
the term contained herein, at the Public Safety Facility, which shall be referred to and
is known as "Office of the Sheriff of Broward County, Tamarac District" as described in
Exhibit "2" attached hereto.
14.2 The use and occupancy by BSO of the Public Safety Facility shall include the
use in common with others entitled thereto of the automobile parking areas, driveways,
pathways, entranceway, means of ingress and egress, loading and unloading facilities, and
other facilities as may be designated from time to time by the CITY, subject, however, to
the term and conditions of this Agreement.
14.3 BSO agrees to keep the District Office in a clean condition, free from debris.
BSO further agrees not to destroy, deface, damage, impair or remove any part of the
District Office. In the event BSO, its employees, agents, or invitees destroy, deface,
0 99G104 19 Police Service Agreement
damage, impair, or remove any part of the District Office, BSO shall be responsible for
repairing or replacing such property.
14.4 CITY covenants to keep the Public Safety Facility in good structural repair, so
far as concerns BSO. CITY shall maintain and keep in good repair the roof, lighting, walls,
foundations, sidewalks, ceilings, doors, window, sprinkler and hot water systems, heating
systems, air conditioning systems, plumbing, wiring, electrical fixtures and all other
structural components. CITY agrees to provide maintenance services to the Public Safety
Facility. CITY further agrees to maintain in good repair the parking area and all common
areas. CITY shall also make any repairs necessitated by water seepage or by other
causes not under BSO's control. CITY shall also make all repairs or changes which may
be necessary to make the premises 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. BSO shall
notify the CITY as soon as possible verbally and in writing of any known conditions
requiring repair.
14.5 Except as provided in paragraph 14.7, the CITY shall be responsible for any
and all maintenance and repairs to the Public Safety Facility interior including, but not
limited to, walls, floors, ceilings, carpet, fumiture, windows, doors, interior plumbing fixtures,
interior electrical fixtures, security cameras, and security systems.
14.6 BSO shall pay for all utility costs including, but not limited to, telephone,
electric, and water for the District Office.
99C-104 20 Police Service Agreement
4
14.7 BSO shall provide janitorial services to the District Office.
14.8 INSURANCE: CITY shall, during the term hereinabove set forth, keep at its
expense the lease space and the building in which such leased space is located insured
against loss or damage by fire or natural cause, and the CITY shall maintain, at its
expense, such insurance coverage as shall be necessary to insure the contents of the
offices of the leased space, provided that such coverage shall effect and apply only to
those items which are furnished by CITY. In the event that BSO shall take and bring upon
the leased space additional items of personalty, BSO shall do so at its own risk, cost and
expense.
14.9 BSO shall maintain professional liability insurance coverage of
$1,000,000/$1,000,000. Such insurance coverage shall be maintained throughout the term
• hereinabove set forth. BSO reserves the right to provide professional 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.
14.10 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 CITY.
14.11 HOLD HARMLESS: To the extent permitted by law, BSO shall hold the
CITY harmless from any and all manner of action and actions, cause and causes of
is99G104 21 Police Service Agreement
actions, suits, trespasses, damages, judgements, 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 the alleged negligent acts of BSO, and BSO shall indemnify the CITY for any and all
damages, judgments, claims, costs, expenses, including reasonable attorney's fees, which
the CITY might suffer in connection with or as a result of the negligent acts and the alleged
negligent acts of the BSO, its deputies/officers, employees, or agents.
Notwithstanding anything to the contrary contained herein, in no event shall BSO
hold harmless or indemnify the CITY 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 negligent acts and
the alleged 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 immunity as provided in Section 768.28,
Florida Statutes, and common law. Nothing contained in this Agreement shall be
construed as a waiver of sovereign immunity.
14.12 The parties agree that BSO's obligations and responsibilities forthe fueling
system, as described herein, are conditioned upon BSO's exclusive use of the fueling
system. In the event BSO is not the exclusive user of the fueling system, BSO's
obligations and responsibilities shall be subject to renegotiation by the parties.
14.13 BSO shall be responsible for the maintenance and repair of the Gas Boy
computerized fuel dispensing system and dispensers or gas pumps.
99G104 22 Police Service Agreement
�7
67�
4
n
14.14 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.
14.15 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:
a. above ground leaks and spills caused by BSO, its employees, agents, or
servants and
b. all leaks, contamination and spills above and below ground, resulting from
the fueling system, provided no hazardous substances are found during the
environmental assessment conducted pursuant to paragraph 14.17.
Notwithstanding anything to the contrary contained herein, in no event shall BSO hold
harmless or indemnify the CITY from liability, damages, fines, judgments, penalties, costs,
causes or action, or losses (including, without limitation, any and all sums paid for
settlement claims, attorneys', consultant, and expert fees) (collectively, "Liabilities")
resulting from or attributed to the intentional or negligent acts of the CITY, its employees,
agents, servants and/or visitors.
14.16 The CITY represents and warrants that it has no knowledge of any leaks,
contamination, or spills, above or below ground, at, about, or in the vicinity of the fueling
0 99G-104 23
Police Service Agreement
system. Within ten (10) calendar days after the commencement of this agreement, CITY
shall provide BSO with copies of all environmental reports, documents, information and
data in its possession pertaining and relevant to the fueling system.
14.17 Prior to the execution of this Agreement by both parties and for a period of
ninety (90) days thereafter, BSO may, at its option and expense, perform (or have
performed) an environmental assessment of the fueling system, including, but not limited
to, the underground storage tanks, to detect the presence of hazardous substances.
During the environmental assessment period, the CITY shall continue to be responsible for
the maintenance and repair of any and all components of the fueling system including, but
not limited to, the piping and underground storage tanks. In the event BSO fails to
complete the environmental assessment as described herein, paragraph 14.18 shall be
applicable.
t
14.18 In the event no hazardous substances are found during the environmental
assessment conducted pursuant to paragraph 14.17, the following shall apply:
a. BSO 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.
b. Upon BSO's discontinued use of the fueling system, CITY and BSO shall
equally share in any and all costs related to the removal of the fueling system
including, but not limited to, the extraction of the underground storage tanks.
In the event soil contamination is discovered during the fueling system
99C-104 24 police Service Agreement
41
4
4
•
•
removal and such contamination is attributed to the fueling system, BSO
shall be responsible for all clean-up costs. BSO shall act as the lead agency
for the purposes of the removal of the fueling system. The City and BSO
recognize that alternative fueling arrangements will need to be made at the
time use of the fueling system is discontinued.
14.19 In the event hazardous substances are found during the environmental
assessment conducted pursuant to paragraph 14.17, the following shall apply:
a. CITY shall be responsible for the repair, maintenance, and removal of any
and all other components of the fueling system including, but not limited
to, the piping and underground storage tanks.
b. CITY may elect to discontinue BSO's use of the fueling system, in which
i
case the CITY shall pay all costs related to the removal of the fueling
system including, but not limited to, the extraction of the underground
storage tanks and all environmental clean-up costs associated with the
fueling system.
ARTICLE XV
DISTRICT COMMANDER
15.1 A District Commander shall be maintained between the CITY and BSO
through the Sheriff and/or his designee, who shall meet and confer with the City Manager
0 99C-104 25
Police Service Agreement
or his designee for the purpose of maintaining the viability and vitality of this Service
The City Manager shall have the right to appoint the District Commander from
subject to the
BSO, and such appointment shall continue until the permanent
incapacity of the appointee or such appointee's separation from BSO or until such
appointment shall be rescinded by the City Manager. During the tenure of such appointee,
the appointee shall not be demoted in rank or involuntarily separated from BSO except for
BSO shall continually maintain at the CITY, in the offices provided for such
purpose in Article XIV, its District Command Office which shall be manned by the District
Commander who shall serve on a full-time basis, until such time as the City Manager
concurs in the transfer or change of duty imposed upon him.
In the event that the District Commander shall be permanently incapacitated
or shall be separated from the service of BSO voluntarily or for just cause or such
appointment shall be rescinded by the CITY, a replacement shall be appointed, subject to
the approval of the City Manager.
BSO, upon request by the City Manager of the CITY, in writing, shall make
available the Sheriff of Broward County and/or his designee at any meeting to which said
Sheriff is invited by CITY.
Police Service Agreement
•
•
ARTICLE XVI
��WA-117-&-ji 4i
BSO shall maintain a division headquarters in the CITY, which division
headquarters shall be referred to and known as "Office of the Sheriff of Broward County,
Tamarac District," 7515 Northwest 881 Avenue, Tamarac, Florida 33321-2401.
ARTICLE XVII
INSURANCE
17.1 BSO shall maintain, in addition to those policies of insurance required and
contemplated elsewhere in this Agreement, policies of liability, automobile, excess
automobile, in the amounts hereinafter described:
General liability $400,000 / $1,000,000
Automobile Liability $1,000,000 / $1,000,000
BSO shall maintain the respective policies of liability, automobile, and excess automobile
throughout the term of this Service Agreement, as the same may be extended in
accordance with the provisions hereof.
17.2 BSO shall provide CITY with a copy of current respective policies of
insurance required hereunder, and renewals thereof, in order that the CITY, through the
office of City Clerk, may keep such copies on file for the benefit of the public inspection of
the citizenry of CITY.
99C-104 27
Police Service Agreement
17.3 The costs of all policies of insurance required hereunder shall be the
obligation of BSO, and the CITY shall in no way be responsible therefore. 4
17.4 BSO reserves the right to provide the above -described insurance through a
self insurance program.
17.5 CITY shall, during the term hereinabove set forth, keep at its expense the
Public Safety Facility insured against losses or damage by fire or natural cause, and the
CITY shall maintain, at its expense, such insurance coverage as shall be necessary to
insure the contents of the offices of the leased space, provided that such coverage shall
effect and apply only to those items which are fumished by CITY. In the event that BSO
shall take and bring upon the Public Safety Facility additional items of personalty, BSO
does it at its own risk, cost and expense.
ARTICLE XVIII
HOLD HARMLESS
18.1 BSO shall hold CITY harmless from any and all manner of action and actions,
cause and causes of action, suits, trespasses, damages, judgments, executions, claims
and demands of any kind whatsoever, in law or in equity, which may result from or arise
out of the negligent acts or alleged negligent acts of its deputies/officers, employees,
officers, or agents. BSO shall indemnify the CITY for any and all damages, judgments,
claims, costs, expenses, including reasonable attorney's fees, which the CITY might suffer
99C-104 28 Police Service Agreement
LJ
in connection with or as a result of the negligent acts or alleged negligent acts of BSO's
deputies, employees, officers, and agents.
18.2 Notwithstanding anything to the contrary contained herein, in no event shall
BSO hold harmless or indemnify the CITY 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 negligent acts or
alleged negligent acts of the CITY, its employees, agents, and/or servants.
18.3 Notwithstanding anything to the contrary contained herein, BSO and CITY
shall, at all times, be entitled to the benefits of sovereign immunity as provided in Section
768.28, Florida Statutes, and common law. Nothing contained in this Agreement shall be
construed as a waiver of sovereign immunity.
F
ARTICLE XIX
INDEPENDENT CONTRACTOR
BSO, for the purposes of this Service Agreement, is and shall remain an
independent contractor; provided, however, such independent contractor status shall not
diminish the power and authority vested in BSO and its swom officers pursuant to Article
f�
0 99c-104 29
Police Service Agreement
ARTICLE XX
TERM
This Service Agreement shall remain in full force and effect commencing October
1, 1999 nunc pro tune and ending September 30, 2004, all dates inclusive, unless
this Service Agreement be otherwise extended or terminated in accordance with the terms
hereof.
ARTICLE XXI
OPTION TO RENEW
21.1 This Agreement may be renewed for five (5) year periods upon mutual
agreement of the parties.
21.2 The CITY shall provide written notice of its intent to renew no later than the 1
day of May. The written notice shall be evidenced by a Resolution duly enacted by the City
Commission of CITY.
21.3 Upon receipt of such notice, BSO shall indicate its acknowledgment thereof in
writing, delivered to CITY no later than ten (10) days from the receipt of the appropriate
Resolution.
J
9OC_104 30 Police Service Agreement 4
•
ARTICLE XXII
TERMINATION
22.1 BSO does hereby acknowledge that CITY is making this Agreement in
reliance upon BSO's obligations herein imposed for the full term contemplated herein.
Accordingly, BSO does hereby acknowledge that BSO shall have the right of termination
only for cause during the initial term hereof and/or during the option period, should the
CITY elect to exercise same.
22.2 CITY may terminate this Service Agreement at its discretion either with or
without cause, by giving written notice thereof to BSO; provided, however, that such
termination shall not be effective until the earlier of (i) twenty-four (24) months after initial
notice of the termination or (ii) ninety (90) days after notice of the CITY's attainment of its
capability to provide its own police services.
22.3 In the event of termination by CITY, CITY shall render such aid, coordination
and cooperation to BSO that might be required for an expeditious and efficient termination
of service.
ARTICLE XXIII
TRANSITION
23.1 In the event of the termination or expiration hereof, BSO and CITY shall
cooperate in good faith in order to effectuate a smooth and harmonious transition from
BSO to a City police department and to maintain during such period of transition the same
0 99C-104 31
Police Service Agreement
high quality of police protection otherwise afforded to the residents of the CITY pursuant
to the terms hereof. In the event of such termination or expiration and in the further event
that the CITY is unable to provide the same level of police protection through its own police
force at the time of such termination or expiration, the then pending term of this Agreement
shall be deemed automatically extended for a period of twenty-four (24) months or until
CITY is able of rendering such police service, whichever occurs sooner, but in no event
shall such extended period be less than ninety (90) days.
23.2 In the event the termination or expiration date occurs during a fiscal year, the
consideration to be paid to BSO for the remaining months in such fiscal year shall be
based upon the preceding monthly payment and thereafter subject to an annual
adjustment as provided hereinafter.
Except as otherwise provided herein, the consideration paid by the CITY during the '
transition period shall be based upon BSO's approved budget, however the consideration
for fiscal years 2002, 2003, and 2004 shall not be increased by more than five percent
(5%) of the contractual consideration for the preceding fiscal year.
ARTICLE XXIV
EQUIPMENT APPRAISAL AND TRANSFER PROVISIONS
24.1 In the event of the prior termination or upon the expiration of this Agreement,
CITY shall have the option to purchase from BSO any piece of equipment, including police
99C-104 32 Police Service Agreement
4
vehicles, directly attributable to or in use by the Tamarac District at the time of such
termination in connection with the services contemplated herein.
24.2 The purchase price for such equipment shall be determined by mutual
agreement of the parties as to the fair market value of such equipment.
24.3 In the event the parties cannot agree on the fair market value, that value shall
be determined by an arbitrated appraisal. Each party shall appoint an arbitrator and the
two arbitrators so appointed shall select and appoint a third arbitrator ("neutral arbitrator").
The neutral arbitrator shall preside over the arbitration proceedings which shall be
conducted in accordance with the Florida Arbitration Code. The final decision of the
arbitrators as to the fair market value of the equipment shall be conclusive and binding
upon the parties hereto. The cost of such arbitration proceedings shall be shared equally
• by both the CITY and BSO. +
ARTICLE XXV
AUTHORITY TO EXECUTE; NO CONFLICT CREATED
25.1 The Sheriff by his execution hereof does hereby represent to CITY that he
has full power and authority to make and execute this Service Agreement pursuant to the
power so vested in him under Article VIII of the Constitution of the State of Florida and the
Statutes of the State of Florida, to the effect that:
a. His making and execution hereof shall create a legal obligation upon the
Sheriff of Broward County, Florida.
0 99C-104 33 Police Service Agreement
b. This Agreement shall be enforceable by the CITY to the extent of the
provisions hereof.
1
C. Nothing herein contained or no obligation on the part of BSO to be
performed hereunder shall in any way be contrary to or in contravention of
any policy of insurance or surety bond required of the BSO pursuant to the
laws of the State of Florida.
25.2 The Mayor and City Manager by their respective executions hereof, do each
represent to BSO that they, collectively, have full power and authority to make and execute
this Service Agreement on behalf of the City of Tamarac, pursuant to a Resolution of the
City Commission of the CITY and that nothing herein contained is in any way contrary to
or in contravention of the Charter of the City of Tamarac or the laws of the State of Florida.
f ,
ARTICLE XXVI
NOTICE
All notice required hereunder shall be by first class mail, except that any Notice of
Termination shall be mailed via U.S. certified mail, return receipt requested and any notice
required hereunder shall be addressed to the party intended to receive same at the
following addresses:
26.1 CITY: City Manager
City of Tamarac
7525 NW 88' Avenue
Tamarac, Florida 33321-2401
99C-104 34 Police Service Agreement 4
CITY: City Attorney
City of Tamarac
7525 NW 88" Avenue
Tamarac, Florida 33321-2401
26.2 BSO: Sheriff
Broward County Sheriffs Office
2601 West Broward Boulevard
Fort Lauderdale, FL 33312
BSO: General Counsel
Broward County Sheriff's Office
2601 West Broward Boulevard
Fort Lauderdale, FL 33312
ARTICLE XXVII
NON -ASSIGNABILITY
BSO shall not assign any of the obligations or benefits imposed hereby or contained
herein, unless upon the written consent of the City Commission of the CITY, which consent
must be evidenced by a duly passed Resolution.
ARTICLE XXVIII
JOINT PREPARATION
The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not, solely as a mater of judicial construction, be construed more
severely against one of the parties than the other.
0 99C-104 35 Police Service Agreement
ARTICLE XXIX 4
ENTIRE AGREEMENT; AMENDMENT
The parties acknowledge, one to the other, that the terms hereof constitute the
entire understanding and agreement of the parties with respect hereof. No modification
hereof shall be effective unless in writing, executed with the same formalities as this
Agreement is executed.
ARTICLE XXX
BINDING EFFECT
This Agreement shall Inure to the benefit of and be binding upon the respective
parties' successors.
(INTENTIONALLY LEFT BLANK)
99C-104 36 Police Service Agreement 4
•
AGREEMENT BETWEEN THE CITY OF TAMARAC AND SHERIFF OF BROWARD
COUNTY FOR LAW ENFORCEMENT SERVICES
Approved as to form and legal
sufficiency subject to the
execution by the parties:
B
LYN F TCH
Gen Counsel
Date: I I , c-=') '�
KENNETH , NE, II
SHERIPF OF BROWARDLCOUNTY
B r
Y•
TH C. 14NNt, II, SHERIFF
Date:
i
0 99C-104 37 Police Service Agreement
AGREEMENT BETWEEN THE CITY OF TAMARAC AND SHERIFF OF BROWARD
COUNTY FOR LAW ENFORCEMENT SERVICES
IN WITNESS WHEREOF, the parties hereto have caused their respective agents
to execute this instrument on their behalf, at the times set forth below.
CITY CLERK
(SEAL)
ED AS TO FORM AND
T
FICIE CY:
CITY ATTORNEY
h AdoWcontrachtamara3
CITY OF TAMARAC
BY: 112zz
�'`
O,OE SCHREIBER
MAYOR
Dated: _.L.i V - fl
JE EY . MILLER
CITY MANAGER
Dated:
9OC-104 38 Police Service Agreement
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No Text
Temp. Reso. #8815 — November 1, 1999
Revision #2 — November 1, 1999
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO.. k9f-34q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR
POLICE SERVICES BY AND BETWEEN THE CITY OF
TAMARAC AND THE SHERIFF OF BROWARD COUNTY;
AMENDING THE GRANTS FUND ESTIMATED REVENUES
AND EXPENDITURES IN THE AMOUNT OF $150,000 FOR
YEAR 1 OF THE COPS GRANT; APPROVING BUDGET
TRANSFER; 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 Agreement between the City of Tamarac and the Broward
Sheriffs Office expired September 30, 1999; and
WHEREAS, the City of Tamarac created a negotiating team to renegotiate the
Agreement consisting of the Assistant City Manager, Budget Officer and Code
Enforcement Manager; and
WHEREAS, the negotiating team recommends approval of the Agreement
commencing October 1, 1999 and ending September 30, 2004; and
WHEREAS, The City Commission on October 13th, 1999 approved Resolution
R99-272 accepting the Universal Hiring Program COPS Grant in the amount of
$375,000 over 3 years for the purposes of funding five additional police officers; and
WHEREAS, $150,000 of the COPS grant will be received and appropriated in
FY00; and
AGENDA RESO BSO 2.doe
Temp. Reso. #8815 — November 1, 1999
Revision #2 — November 1, 1999
Page 2
WHEREAS, the acceptance of the grant requires amending the annual Grants
Fund estimate of revenues and expenditures; and
WHEREAS, available funds exist in the General Fund and Grants Fund budgets
to execute the agreement for police services, and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interests of the citizens and residents of the City of Tamarac to enter into an
agreement for police services with the Sheriff of Broward County, Florida.
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 hereby made a specific part of this
Resolution.
SECTION 2: The appropriate City officials are hereby authorized to execute an
agreement for police services by and between the City of Tamarac and the Sheriff of
Broward County, Florida, a copy of said agreement attached hereto as "Exhibit A".
SECTION 3: The appropriate City officials are also hereby authorized to amend
the Grants Fund in the amount of $150,000 for year 1 of the COPS grant and
appropriate said funds into account entitled "Police Protection -- BSO".
SECTION 4: A budget transfer in the amount of $96,018 from Grants Fund
account entitled "Grants Matching" to Grants Fund account entitled "Police Protection -
BSO" is hereby approved for correct accounting purposes.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
AGENDA RESO BSO 2.doc
1
I
Temp. Reso. #8815 — November 1, 1999
Revision #2 — November 1, 1999
Page 3
SECTION 6: 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 7: This Resolution shall become effective immediately upon its
passage and adoption.
17.
PASSED, ADOPTED AND APPROVED this day of
ATTEST:
I HEREBY CERTIFY that I have
proved this RESOLUTION as to form.
MITCHELL S. KRAF
CITY ATTORNEY
JOE SCHREIBER
MAYOR
0 0, N �- R.
RECORD OF OOMMISSM
MAYOR SCHREIBER
DIST 1: CQMM. PQATIyFp
DIST 2:.� MISHKIN
DIST 9: COMM. SULTAN
DIST 4: _ _ COMM. Rbamm
AGENDA RESO BSo 2.doo
2
Temp. Reso #9985
11/21/02
WHEREAS, funding for the two (2) additional positions requested by Broward
Sheriffs Office District 7 has been included in the City of Tamarac's FY '03 budget,
approved on September 18, 2002; and
WHEREAS, the City Manager and the Chief of Broward Sheriff's Office District VII
recommend approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to enter into the First
Addendum to the Law Enforcement Services Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to execute
the First Addendum to Law Enforcement Services Agreement by and between the City of
Tamarac and Kenneth C. Jenne, II, the Sheriff of Broward County, Florida, a copy of said
Addendum is attached hereto as Exhibit "C".
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
1
1
TEMP RESO. 10246
EXHIBIT A
1
Temp. Reso #9985
11 /21 /02
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002- -0,S'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST
ADDENDUM TO THE AGREEMENT FOR POLICE SERVICES
BY AND BETWEEN THE CITY OF TAMARAC AND THE
SHERIFF OF BROWARD COUNTY; 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 the high level of
competent professional police service in conjunction and harmony with its fiscal policies of
sound, economical management; and
WHEREAS, on November 10, 1999 the City of Tamarac executed an Agreement
with the Broward Sheriff's Office effective October 1, 1999 to provide law enforcement
services in the City of Tamarac (attached hereto as Exhibit "A"); and
WHEREAS, during the City of Tamarac's FY '03 budget process, the need for a
crime analyst, and an additional clerical assistant position, along with the conversion of a
Deputy Sheriff to a Deputy Sheriff Motorman position was identified; and
WHEREAS, the City of Tamarac's contractual cost of the additional positions is
$93,344.00 per year (attached hereto as Exhibit "B"); and
3
Temp. Reso #9985
11 /21 /02
SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 27th da.y of November, 2002.
JOE SCHREIBER
-Mayor
ATTEST:
RECORD OF COMMISSIQI VOTE:
MARION SWIENSON, CMC
MAYOR SCHREIBER_!-r
CITY CLERK
DIST 1: V/M. PORTNER °.
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANO
DIST 4: COMM. ROBERTS --
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
1
MITCHELL S. KRAFT
CITY ATTORNEY
F IF!;I ADOENJLIN TO 6S0 AGHI.I W N1hkt
1
Temp. Reso #9985
FIRST ADDENDUM
TO
LAW ENFORCEMENT SERVICE AGREEMENT
BY AND BETWEEN
THE CITY OF TAMARAC
AND
KENNETH C. JENNE, II, SHERIFF OF BROWARD COUNTY
THIS ADDENDUM is made and entered into this ;,7 day of
2002 by and between the City of Tamarac, a municipal corporation organized and
existing under 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
Kenneth C. Jenne, II, Sheriff of Broward County, Florida (hereinafter referred to as
"SHERIFF")
WITNESSETH:
WHEREAS, on or about October 1, 1999, the CITY contracted with the
SHERIFF to provide law enforcement services to the CITY, and
WHEREAS, the parties are desirous of amending paragraphs 3.1, 12.1, and
12.2 to reflect changes in staffing levels and consideration.
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:
1. The above recitals are true and correct and are incorporated herein.
2
Temp. Reso #9985
2. Commencing on October 1, 2002, nunc pro tunc, the staffing structure, as
described in Paragraph 3.1 will be increased by one (1) Clerical Assistant
and one (1) Crime Analyst along with the conversion of a Deputy Sheriff
to a Deputy Sheriff Motorman, resulting in the following staffing structure:
1 District Commander
3 Executive Officer/Lieutenant
8 Sergeants
69 Deputy Sheriffs
1 Youth Counselor (Deputy Sheriff)
8 Community Service Aides
3 Clerical Assistants
1 Crime Analyst
94
3_ Paragraphs 12.1 and 12.2 shall be amended in their entirety to read as
follows:
12.1 The CITY agrees to pay SHERIFF, in consideration for the
services described herein, Seven Million Nine Hundred Sixty -Four
Thousand Nine Hundred Forty -Two ($7.964,942.00) Dollars for
Fiscal Year 2003 to be paid in monthly installments due and
payable before the first day of each month in the amount of Six
Hundred Sixty -Three Thousand Seven Hundred Forty -Five and
17/100 ($663,745.17) Dollars. The consideration for Fiscal Year
2003 shall be due and payable before the first day of each month.
12.2 The consideration payable by the CITY for Fiscal Year 2004 shall
be subject to an annual percentage rate increase, not to exceed
five (5%) percent of the contractual consideration for the preceding
year, excluding any adjustments for vacancy credits that may
3
Temp. Reso #9985
occur, as provided in paragraphs 12.4 and 12.5. Such increases
shall only be approved after the SHERIFF has provided detailed
financial back-up justifying the increase to the CITY. The City
Manager shall within thirty (30) days of receipt of the SHERIFF'S
request, submit same to the City Commission for their
consideration.
4, Except as herein amended. all other provisions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the date(s) indicated below:
KENNETH ENNE, II,
SHERIFF OF ROWARD COUNTY
Ken h C. Jenne, —11, Sheriff
Date:
WITNESSES:
Approved as to form and legal sufficiency
subject to execution by the parties:
art �ent of Legal Affairs
Date:%f
4
Temp. Reso #9985
FIRST ADDENDUM TO LAW ENFORCEMENT SERVICE AGREEMENT BY AND
BETWEEN THE CITY OF TAMARAC AND KENNETH C. JENNE, II, SHERIFF OF
BROWARD COUNTY
ATTEST:
t
Marion Swehson, CMC
City Clerk
APP OVED AS TO FORM AND
LEGA SUFFICIENCY: -
Mitchell S. Kraft, City , ptney
Dated: fil l) 7/c t.
CITY OF TAMARAC
Joe Schreiber, Mayor '
Dated:
JeftvO filler, City Manager
Dated: J/�--
EXHIBIT
Broward Sheriff'* Office
2601 West Browir(i (k)v1pvarC
rott! 7udcrrinir„ Flnrifln
(954) 831.BDP4 • VVV'W nhmnf1.ruy
November 1, 2002
Ms. Kayla Olsen, Director
Office of Budget Services
Broward County Governmental Center
115 South Andrews Avenue, Roorn 404
Port Lauderdale, 111orida 33301
Dear Ms. Olsen.
Please be advised that the recently approval Tamarac Contract Supplement (First.
Addendum dated October 21, 2002) for an increase of $93,344 is allocated as follows:
Personal Services
Operating;
Capital
Total
$86,517
4,827
$ 2,00 (Equipment)
$93.344
111w.w. advise if you have any questions.
I'hank You.
zzy I nstock
Bud et.I�Tanager
TC'B icb
cc' William > = MacDonald, Director, Bureau of Finance and Budget, BSO
BROWARD SHERIFF'S OFFICE
Special Details
2601 West Broward Boulevard
Ft. Lauderdale, FL 33312 .
Phone No. (954) 831-8199
Fax No. (954) 797-0926
PERMIT NO. 9 !13 /(-)
Temp. Reso. # /C;1YF
Exhibit B
PERMIT APPLICATION FOR SPECIAL DETAILS
ALL INFORMATION MUST BE TYPED OR PRINTED
Full Legal Name of Permittee: City of Tamarac, Florida
Check One: x Corporation, State of Florida
Partnership, State of
Fictitious name registered to
Attach copy of Driver's License of individual, partner or corporate officer
Federal Employer Identification Number (corporation, partnership, fictitious name) or Social Security
Number (of individual):
Mailing g Address of Pertittee: -City of Tamarac
--
7525 N.W. 88 Avenue
Tamarac, FL 33321
Telephone No. (954 ) 724-1200
Facsimile No. (9 5 4) 7 2 4 -1212
Permittee will promptly notify BSO's Special Details Unit of any change to the above information.
Address Where Special Details will be Performed: Community C t r., 8601 Vi . Commercial s r B l y
Sports Complex, 9901 N.W.street
Caporel a Park, 5200 Prospect.
Period of Employment
Hours to be Worked:
Park 11000 W. McNab Rd.
Telephone No. ( )
10/1/03
Beginning Date
Varies, as needed
Number of Deputies Requested:
From
Varies, as needed
Type of Service Requested (i.e., security, traffic, etc.): Securit
Special or Motorized Detail Equipment Requested? Yes
9/30/04
Ending Date
To
traffic, etc., as needed
w
If yes, check one: K-9 Motorcycle Car Aircraft Boat Horse
BSO RP#43 (Revised 04/02)
Page I of 4
TERMS AND CONDITIONS
SCOPE OF SERVICES
1. The Broward Sheriff's Office ("BSO") may contract for the employment of BSO deputies during
their off -duty hours, for public or private security services (Special Details).
2. BSO is NOT obligated to provide Special Details. The Sheriff reserves the right to refuse to issue
permits to any individual, fictitious name, partnership or corporation for any reason.
Permittee may establish general rules regarding the duties to be performed by the deputy sheriff
providing Special Details; however, the Permittee has no authority over the deputy sheriff. Permittee
understands and agrees that while a deputy sheriff is performing Special Details, the deputy sheriff may
be required to report to duty. Some instances where the deputy sheriff may be required to report to
duty include responding to 9-1-1 calls and responding to hurricanes or natural disasters. In this event,
the Special Detail Service will be cancelled for the duration of the emergency, and Permittee will only
be charged for the actual number of hours worked plus any charges for specialized or motorized detail
equipment. Permittee understands and agrees that BSO may or may not be able to provide Permittee
with notice if the deputy sheriff is required to report to duty.
4. Permittee agrees to contact the Special Details Office in the event issues arise with respect to the
deputy sheriffs performance of duties under this Permit. The Special Details Office is open from 7:00
a.m. to 5:00 p.m. Monday through Friday. Its telephone number is (954) 831-8199. The Special
Details Office is closed on weekends and holidays. In an emergency situation, Permittee may page
Supervisor of Special Details at (954) 521-2468.
5. BSO will attempt to accommodate requests for specialized or motorized detail equipment; however,
Permittee understands and agrees that BSO may not be able to fulfill this request. In the event BSO
does not fulfill a request for specialized or motorized detail equipment, BSO agrees not to assess the
specialized or motorized detail equipment fee against Permittee.
CANCELLATION
b. In order to cancel a Special Detail, Permittee must contact the Special Details Office during normal
working hours and provide at least three (3) hours notice of the cancellation. The Special Details
Office will attempt to contact the deputy sheriff to advise of the cancellation; however, if the Special
Details Office can not contact the deputy sheriff and the deputy sheriff appears at the Special Detail or
if less than three (3) hours notice during normal working hours was provided, then Permittee agrees to
pay BSO for the three (3) hour minimum and any motorized vehicle charge.
COMPENSATION
7. The minimum charge for each deputy sheriff_ on any Special Detail will be for three (3) hours of service
at the usual detail rate of $25.00 per hour. If there are more than four (4) deputies, a Sergeant will be
required at the usual rate of $28.00 per „hour. In the event (3) or more Sergeants are working, a
Lieutenant will be required at the usual rate of $31.00 per hour. Specialized or motorized detail
equipment will incur the following charges for each vehicle or animal:
• marked vehicle -- $10.00 per each detail service;
• motorcycle or canine -- no charge;
Page 2 of 4
• horse -- two (2) additional hours of service at the applicable detail rate will be required;
• boat -- $12 per hour for fuel;
• helicopter -- fee to be set by BSO.
BSO makes no guarantees that specialized or motorized detail equipment will be available. Any compensation
over and above the established rate is prohibited.
8. A premium rate of $10.00 per hour per deputy sheriff will be applied to the usual detail rate for Special
Details on the following holidays: July 4`h; Thanksgiving Day; Christmas Eve; Christmas Day; New
Year's Eve; New Year's Day.
9. All compensation for Special Details will be paid by check or money order made payable to the order
of the BROWARD SHERIFF'S OFFICE and sent to the Broward Sheriffs Office, Finance Division,
P.O. Box 9507, Ft. Lauderdale, FL 33310. Cash will not be accepted.
10. Permittees paying BSO in advance will make payments in money order, cashier's check or traveler's
checks. BSO will refund any amounts that have not been expended.
TERMINATION
11. In its sole discretion, BSO may provide written notice to Permittee that Special Details are canceled for
any reason, including but not limited to Permittee's late payment or non-payment.
12. This Permit expires one (1) year after the date of its approval by BSO. Permittee agrees to complete a
new Permit Application annually to continue the Special Detail Services. "Except as set forth in
paragraph b, either party may terminate this permit by providing the other party with written notice."
AMENDMENTS
13. The parties agree that BSO may amend the terms and conditions of this permit by providing Permittee
with thirty (30) days written notice of changed terms.
INDEMNIFICATION
14. Permittee agrees to indemnify and hold harmless Sheriff, BSO, its employees, agents and servants
against any and all liability, costs, expenses, attorney's fees, or damages arising from any claim,
demand, cause of action, or lawsuit resulting or arising from, either directly or indirectly, services
provided ude�ehp'uK�,� licd�fd�r8lth�3t�rm 8av@m'�1Pu¥eh�
ssigne
ATTOI� �9 kei specia eefai passi nmen . law en o cement o ice regar
15. In the event the Sheriff has to take legal action to enforce this Permit Application, Permittee agrees to
pay Sheriff his costs and attorney's fees, including the costs of any appeal.
Page 3 of 4
I HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE TERMS AND CONDITIONS. I AM
AUTHORIZED TO SIGN ON BEHALF OF THE ENTITY LISTED BELOW.
Legal name of entity:
City
of Tamar:::, �'L
By (signature) 'i� c'.
��
(4. .c l
l,'- <.= X r
Print name and title of person signing: Jaffrey L. Miller/Joe Schreiber
City Manager
Date signed: z"
TO BE COMPLETED BY SPECIAL DETAILS OFFICE
After investigating this request, it is recommended that this Permit Application be:
r
Approved Date
Disapproved
Date
Page 4 of 4