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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-330Temp. Reso. #9584 - October 10, 2001 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001 - 330 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 $54,800.00 IN FY 02; 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 Sheriff's Office for Police Services, said Agreement 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 1 Temp. Reso. #9584 - October 10, 2001 Page 2 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 $23.00; 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 Sheriffs 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 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 $54,800.00 in FY 02; 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 $54,800.00 in FY 02. Temp. Reso. #9584 - October 10, 2001 Page 3 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 $54,800.00 in FY 02. 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. 1 Temp. Reso. #9584 - October 10, 2001 Page 4 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 14th day of November, 2001. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOL& ION as to forma ITCHELL S-KRAF CITY ATTORNEY JOE r . MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A e, DIST 1: COMM. PORTNER d1 e� DIST 2: COMM. MISHKIN Aye. DIST 3: V/M SULTANOF A e, DIST 4: COMM. ROBERTS A ev 1 BROWARD SHERIFF'S OFFICE PER,NIIT NO. Special Details Temp. R e s o. #9 5 8 4 A&L 2601 West Broward Boulevard Exhibit " B" Ft. Lauderdale, FL 33312 one No. (954) 831-8199 Fax No. (954) 797-0926 PERMIT APPLICATION FOR SPECIAL DETAILS 01 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 Individual 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 Address of Permittee: Cit of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 Telephone No. 0 L4 )724-1200 Facsimile No. 54 24-1212 Address Where Special Details will be Performed Period of Employment: Hours to be Worked: Tamarac Community Ct.r., 8601 W. Comm. 1311 TamarTamauc Park 75!21 N. Unkywilty Dr. Sports Complex, 9901 N.W. 77 Street veterans Park, 7825 Southgate Blvd. Caporella Park, 5200 W. Prospect Road Telephone No. 954 724-2445 (Tamarac Parks & Recreation) 10/1/01 Beginning Date varies, as needed. Number of Deputies Requested: From Varies, as needed. 9 3-0 Ending Date To Type of Service Requested (i.e., security, traffic, etc.): v Special or Motorized Detail Equipment Requested? If yes, check one: K-9 Varies, Motorcycle as needed. Yes X No Car Aircraft Boat Horse (CONTjN1.TE ON REVERSE) BSo R?043 (ND"' liar. 2000) . SCOPE OF SERVICES TERMS AND CONDITIONS I 1. The Broward Sheriffs Office ("BSO") may contract for the employment of BSO deputies during their off -duty hours, for public or private security services ("Special Details"). 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 thatBSO mayor 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 Perrnit. The Special Details Office is open from 7:30 a.m. to 4:30 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. 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 6. 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 523.00 per hour. Specialized or motorized detail equipment will incur the following charges for each vehicle or animal: marked vehicle -- S 10.00 per each detail service; motcrcycle or canine -- no charge; borne -- two (2) additional hours of service at the $23.00 detail rate; boat -- S 12ihour 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. 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, Special Detail Unit, 2601 West Broward Boulevard, Ft. Lauderdale, FL 33310 within fourteen (14) days of Permittee's receipt of the Broward Sheriffs Office invoice. Cash will not be accepted. s. If Permittee requests Special Details with a duration of less than fourteen (14) days, then Permittee shall prepay BSO for the services via money order, cashier's check or traveler's checks. Permitttee will be responsible for any amounts that exceed the prepaid compensation. BSO will refund any amounts that have not been expended_ (CONT1ti'UE TO NEXT PAGE) W FP"3: PEX.W7 APPLICATION FOR SPECLkL DETAILS (CON-UNVEo) TERMINATION ). 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. 11. This Permit expires within one (1) year of the date of its approval by BSO. Permitter agrees to complete a new Permit Application annually if it wants to continue the Special Detail Services. OTHER DOC!MNTS 12. BSO, in its sole discretion, may require Permittee or individuals of Permittee to personally guarantee the payment of Special Detail services. INDEMNIFICATION To the extent perru. ttea by law, 13. Permittee agrees to indemnify and save harmless Sheriff, BSO, its employees, agents and servants against atry and all liability, costs, expenses, attorney's fees, or damages arising from any claim, demand, cause of action, or lawsuit resulting or arisin from, either di�ectl or indircctl eryices g v ded unc r this Ppeur�t A�)ccia►t n ea. �l ro cts cxs sions y the assi aeon v. Ich e cae w y iav en r�auire to carry out in is or her capacity as a law enforcement ATTORNEY'S FEES officer, regardless of the special Detail assignrent. 14. in the event the Sheriff has to take legal action to enforce the payment of fees under this Permit Application, Permittee agrees to pay Sheriff his costs and attorney's fees, including the costs of any appeal. I HAVE READ, UNDERSTAND, AND AGREE TO THE ABOVE TERML S AND CONDITIONS. I AM 4UTHORiZED TO SIGN ON BEHALF OF THE ENTITY LISTED BELOW. Legal name of entity: city of Tamarac FL ' By (signature) Print name and title of person signing: Jeffrey L. Mill ��r� Joe Schreiber Date signed: fl - ) 2I -G i City Manager �Mayor TO BE CONITLETED BY SPECUL DETAILS OFFICE After investigating this request, it is recommended that this Perrnit Application be: Approved Date Disapproved Date Temp. Reso. # 9584 Exhibit: "A" Broward County Sheriff's Office 2601 w Broward B'L0 Fr. Laudordale. FL 33312 (954)83148920 ,01 Department of Legal Affairs Mr. Tim Hernstreet Assistant City Manager City of Tamarac 7525 N. W. 88`h Avenue Tamarac, FL 33321-2401 = r1 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 JWmu Enclosure HAhessiemamarae cc: Lt. Col. Tom Brennan Chief Michael Goldstein Bill MacDonald, Director, Finance and Budget 0 0 r: • TABLE OF CONTENTS ARTICLE I. POLICE SERVICE; LEVEL OF 2 ARTICLE II. DEFINITIONS 2 ARTICLE III. TAMARAC STAFFING STRUCTURE 3 ARTICLE IV. SCOPE OF SERVICES .4 _ ARTICLE V. UNINCORPORATED PATROL ZONES 6 ARTICLE VI. ANCILLARY SERVICES S 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 t 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 AGREEMENT FOR POLICE SERVICES THIS AGREEMENT made and entered into in Broward County, Florida, this day of ,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. 1 police Service Agreement 99C-104 r� • THEREFORE, inconsideration 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 I 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 terms 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 agreeme'M O 99CG104 Z Pouce service Agreemen 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. ARTICLE III 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 t 8 Sergeants 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 7`15, 716 and 717 of unincorporated Broward County. M 99G104 IS police Service Agreement r' 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 swom 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 o 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 SCOPE OF SERVICES 4.1 The uniform patrol force shall make every reasonable effort to respond tc emergency calls as expeditiously as possible while maintaining safe operations, subject tc BSO's response standards and protocols. The District Commander will monitor responsE 99C-104 4 Police Service Agreemen 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. 99C.104 11 police Service Agreement 4.8 BSO shall assist the CITY with security related issues to the extent su,-. I 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 •' Charter of the CITY, Charter of Broward County and the Statutes of the State of Florida. Any section in Article III herein relative to personnel schedules may be adjusted by the City Manager with input from the District Commander and concurrence by the Sheriff. ARTICLE 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 tc 99C-104 6 police Service Agreement the unincorporated patrol zones 715, 716, and 717 as described and attached as Exhibit 11" 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. 99C-104 7 Police Service Agreement i� 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 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. 99G104 8 Police Service Agreement ARTICLE VII MAINTENANCE OF ABILITY BSO shall fumish 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 necessaryto 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 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. 9 police Service Agreement ,10 99C-104 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^� 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 o' FRS. 99C-104 10 Police Service Agreemen • • 0 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'eriforcement 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 99C-104 1 1 police Service Agreement herein if such time off does not impair the operational effectiveness of the District in whit the trustee is assigned, as determined by the applicable District Commander. 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% 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-1 D4 12 Police Service Agreemeri- 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. ►w. 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. 13 police Service Agreement 99G1U4 ARTICLE XII 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 tiie 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 ar,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. 99G104 14 Police Service Agreement- 12.3 BSO will provide full staffing for all sworn law enforcement personnel. The 0 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 "I'" 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 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 September payment. In the event the actual vacancy credit for the last quarterdiffers 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 anyway be construed to impair the CITY's right to the disposition of fines and forfeitures to which the CITY would be entitled, pursuant to Section 316.0261, 99C-104 16 Police Service Agreement 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 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 Distract 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, attomey 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 paragrapli. 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 equivalentto 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 99G104 18 Police Service Agreemern, disposition thereof has been adjudicated. Moreover, such report(s) shall be amended, is 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 SSO 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 known as "Office of the Sheriff of Broward County, Tamarac District" as described in Exhibit 92" 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, 99G104 19 police Service Agreement damage, impair, or remove any part of the District Office, BSO shall be responsible fL 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, furniture, 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. 98C-104 20 police Service Agreen,,..( C� • 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 famished 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 99Cr104 21 is Police Service Agreement actions, suits, trespasses, damages, judgements, executions, claims and demands of a. 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 attomey'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 for the 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. 99C-104 22 Police Service Agreem&- 14.14 BSO agrees to call 911 as soon as possible to report any and all gas spills 0 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 w * 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, attomeys', 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, attomeys', 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 99C-104 23 police Service Agreement system. Within ten (10) calendar days after the commencement of this agreement, Ci . 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 "4 t applicable. 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 systerr 99C-104 24 Police Service Agreem",It I • • 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 01 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 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 99G104 25 0 police Service Agreement or his designee for.the purpose of maintaining the viability and vitality of this Sen,,..a Agreement. 15.2 The City Manager shall have the right to appoint the District Commander from among the BSO personnel within and without the Tamarac District, subject to the concurrence of the BSO, and such appointment shall continue until the pemianent incapacity of the appointee or such appointee's separation from BSO or until such appointment shall be rescinded by the City Manager. During the tenure of such appointee, the appointee shall not be demoted in rank or involuntarily separated from BSO except for just cause. 15.3 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 Dist-',t 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. 15.4 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. 15.5 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. 99C-104 26 Police Service Agreertidnt • ARTICLE XVI CITY DISTRICT 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 88" 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 $?,000,000 / $11000,000 Automobile Liability $1,000,000 / $11000,000 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 I* 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. 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 furnished 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. i 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 i. 28 Police Service Agreem,_ ­ • • 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. t 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 sworn officers pursuant to Article XI. 0 99G104 29 Police Service Agreement ARTICLE XX TERM This Service Agreement shall remain in full force and effect commencing October 1, 1999 nunc pro tunc 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. 99Cr104 30 Police Service Agreement • 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 a 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-1Qd 31 police Service Agreement high quality of police protection otherwise afforded to the residents of the CITY pursua... 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. i 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 Agreem«ric • 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 Vill 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. • 99C-104 33 Police service Agreement b. This Agreement shall be enforceable by the CITY to the extent of tht, provisions hereof. 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 Floridr 4 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 h Avenue Tamarac, Florida 33321-2401 99C-104 34 Police Service Agreement CITY: City Attorney City of Tamarac 7525 NW 881" Avenue Tamarac, Florida 33321-2401 *. 26.2 BSO: Sheriff ,w Broward County Sheriffs Office 2601 West Broward Boulevard Fort Lauderdale, FL 33312 BSO: General Counsel Broward County Sheriffs 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 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. I (INTENTIONALLY LEFT BLANK) 99C-104 36 Police Service Agreement • AGREEMENT BETWEEN THE CITY OF TAMARAC AND SHERIFF OF BROWARD COUNTY FOR LAW ENFORCEMENT SERVICES WITNESSES: Approved as to form and legal sufficiency subject to the execution by the parties: B qNVFCHGeounsel Date: ' 99C-104 KEN Date: i kirl I . NE, II OF 8 WA OUNTY r 4ETH C. ANNIN. 11. SHERIFF Police Service Agreement r AGREEMENT BETWEEN THE CITY OF TAMARAC AND SHERIFF OF BROWAko 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. ...+w'v . CITY CLERK (SEAL) ED AS TO FORM AND i FICIE CY: CITY ATTORNEY h:ldocs\contrac1\tamara3 99C-104 CITY OF TAMARAC E SCHREIBER AYOR Dated: (- i V - F JE EY . 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Reso. #8815 - November 1, 1999 _ Revision 42 - November 1, 19 Pag:r CITY OF TAMARAC, FLORIDA RESOLUTION NO. je"-30� 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 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 $96,018 from Grants Fund account entitled "Grants Matching" to Grants Fund account entitled "Police Protection - BSO" is hereby approved for correct accounting purposes. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. AGENDA RESO BSO 2.doc 1 Temp. Reso. #8815 — November 1, 1999 Revision #2 — November 1, 199$- Page 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. PASSED, ADOPTED AND APPROVED this day of , 1999. ATTEST: A. 4 -- I - -60 CAROL GO , CMC/AAE CITY CLERK I HEREBY CERTIFY that I have proved this RESOLUTION as to form. MITCHELL S. KRAF CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMA MAYOR INESCHREIBER DIST 1; COMM. POM DIST 2; _VIM. M ISIqKIN DIST 3: COMM. SULTANC)F DIST 4; comm- AnRpmm 11'21.:000 12:09 FAX :f C1 ... F—... .......... 14002 NORTH RIVER INSURANCE CO. CERTIFICATE OF INSURANCE PRODUCER AON Risk Services, Ina of Florida 1001 Srickell Bay Drive Suite 1100 Miami, FL 33131 INSURED Broward County Florida Sheriffs Dept. PO Box 9507 Fort Lauderdale, FL 33310 DATE ISSUED: 9126100 This certificate is issued as a matter of information only and canters no rights upon the certificate holder. This certificate DOES Nor amend, extend or after the coverage afforded by the policies below. COMPANIES AFFORDING COVERAGE COMPANY (A) PANY X COMPANY (9) COMPANY (C) COMPANY (0) COVE"GE3 This Is to certify that the policies of Insurance listed below have been Issued to the Insured named above for the poky period indicated, notwithstanding any requirement, term or Condition of any contract or other document with respect to which this certificate may be Issued or may Wain. the Insurance afforded by the policies described herein Is subject to all the terms, exclusions and conditions of such poGciee. Limas shown may have been reduced by paid claims. cc TYPE OF INSURANCE LTR OENERAL LwaILiTY A m COMMERCIAL GENERAL LIABILITY a CUUM$ MADE W OCCUR O owNEFrs i CONTRACTOR'S PROT A 99 ANT AUTO 13 ALL OWNED, AUTOS O SCHECULED AUTOS O PORED AUTOS O NON•Owsw AUTOS 0 GArtA 9 VAQA tTY EXCESS LIMIUTY A 0 UMBRELLA FORI11 m OTrIER THAN UMISAW A NORM wopKrcRS COMPENSATION AAIO EMPLOYERS LIABILITY XXXX - POUGY SUBJECT AND COLLISION DAMAGE POLICY NUM9iR POLICY EFFECTnI$ POLICY GXMATION SEE MELON SEE BELOW So BELOW SEF aELCW 11200, 000. 1011116" BEE BELOW See BELOW 1011=2 RETENTION PER OCCURRENCE. SSO LIMITS CENERALAOGREGATE PRODUCTS-COMPIOP AGG EACH CCCURRENCE FIRE DAMAGE (any WO riot MED EXPENSE (SAVaft PA r.OMBWED SNckt L+KT QCNLY INJURY — w SOOILY INJURY (.. �1 PROPERTY OAMAGE EACH OCCURRENCE AGGREGATE STATUTORY LIMITS EACH ACCIOBNT DISEASE -POLICE OMIT DISEASE -EACH EMPLOYlE =-INSURES FOR COMI s 'I'm ow 40 AppmbM DESCRIPTION OF OPERATIONSILOCATIONMEHICLES/SPI=CIAL ITEMS - All operations usual to the Broward County Sheriffs Office including the City of Tamarac, Florida as additional insured as their interests may appear. All other terms and conditions of Policy No 544-000008-5 remain unchanged. CERTIFICATE HOLDER Clry or Tamarac, Florida Purchasing Department 7525 NIN 88" Avenue Tamarac, FL 33323 Shouid any of trio above doscribed polic,aC be Cancelled betrre the aspiration dale thereof, the issuing company will endeavor to mail H days written notice to the certificate holder named to the left, but lailure to mail such notice $hall Impose no obligation or liability of any kind upon the company, As agents Of representatives. L AI.Ihorixed signature: Sandra M o RANGER INSURANCE MANAGERS BROWARD SHERIFF'S OFFICE Special Details 2601 West Broward Boulevard Ft. L uderdale, FL 33312 .)nc No. (954) 831-8199 Fax No. (954) 797-0926 PER.NIIT NO. Temp. Reso. #9584 Exhibit "B" PERMIT APPLICATION FOR SPECIAL DETAILS ALL IlYFORjiATION ;4fUST BE TYPED OR PRINTED Full Legal Name of Permittee: Ci-ty Qf TamaTamagac, Fiorida Check One: X Corporation, State of Florida Partnership, State of Fictitious name registered to Individual Attach copy of Driver's License of individual, partner or corporate officer Federal Employer Identification Number (corporation, partnership, fictitious name) or Social Security �4umber (of individual): Mailing Address ofPermittee: -city of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 __ Telephone No. P54 )724-1200 Facsimile No. 054 24-1212 Address Where Special Details will be Performed: Tamarac Communit Ctr. , 8601 W. Comm. Bl Tamarac -Par, 7 Sports Complex, 990-1 N.W. 77 Street Veterans Park, 7825 Southgate Blvd. Caporella Park, 5200 W. Prospect Road Telephone No. 954 724-2445 (Tamarac Parks & Recreation) Period ofErnployment: 10 1 Beginning Date Hours to be Worked: Varies, as needed. From �:umberofDeputies Requested: Varies, as needed. 9 3D Ending Date Type of Service Requested (i.e., security, traffic, etc.): Special or Motorized Detail Equipment Requested? If yes, check ore: K-9 Varies, Motorcycle as needed. To Yes x No — , Car Aircraft Boat Horse, (COtiTIN,1A ON REVERSE) aso tins (Ncw Stu. taco) . SCOPE OF SERVICES TERMS AND CONDITIONS The Broward Sheriffs Office ("BSO") may contract for the employment of BSO deputies during their off -duty r hours, for public or private security services ("Special Details"). BSO is NOT obligated to provide Special Details. The Sheriff reserves the right to refuse to issue permits to Arty 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 Permince 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 hurrica ics or natural disasters. in this event, the Special Detail Service will be cancelled for the duration of the emergency, and Per iiince will only be charged for the actual number of hours worked plus any charges for specialized or motorized detail equipment. Perrnittee understands and agrees thatBSO may ormaynot be able to provide Permittee with notice if the deputy sheriff is required to report to duty. 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. Tne Special Details Office is open from 7:30 a.m. to 4:30 p.m. Monday through Friday. Its telephone number is (954) 831-8199. The Special Details Office is closed on weekends aid holidays. In an emergency situation, Permittee may page Supervisor of Special Details at (954) 521-2468. 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. Li Lhe event BSO does not full]1 a ropiest for specialized or motorized detail equipment, BSO agrees not to assess the specialized or motorized detail equipment fee against Permittee. CAI CELLATION 6. 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 Pcrnuttee 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 523.00 per hour. Specialized Cr motorized detail equipment will incur the following charges for each vehicle or animal: marked vehicle -- S 10.00 per each detail service; metcreycle or canine -- no ch.r ge; hose — two (2) additional hours of service at the S23.00 detail rate; boat -- S 121hour for fuel; helicopter — f to be set by BSO. BSO makes no guarantees that specialize or motorized detail equipment vvill be available. Any compensation over and above the established rate is prohibited. 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 Sherffs Office, Special Detail Unit, 2601 West Broward Bcu.levard, Ft, Lauderdale, FL 33310 within fourteen (14) days of Perm ttee's receipt of the Broward Sheriff's Office invoice. Cash will not be accepted. If Permittee requests Special Details with a duration of less than founeen (14) days, then Permir a shall prepa;: BSO for the services via money order, cashier's check or traveler's checks. Permitttee will be respomible for =y ammounts that exce--d the prepaid compensation. BSO will refund any amounts &.at have not been expended. S50 p.Pa47: PP R.WT APP[.ICATiON FOR SPEGW. DUAtIS (4Coh7T'4 0) TERMINATION 1. In its sole discretion, BSO may provide written notice to Permittee that Special Details are cancxled for any reason, including but not limited to Pennittee's late payment or non-payment. 11. This Permit expires within one (1) year of the date of its approval by BSO. Permittee agrees to complete a new Permit Application annually if it wants to continue the Special Detail Services. OTHER DOCUMENT'S 12. BSO, in its sole discretion, may require Permittee or individuals of Permitter to personally guarantee the payment of Special Detail services. INDEMNTFiCATION To the extent perm by law, 13. Pcrmittee agrees to indemnify and save harmless Sheriff, BSO, its employees, agents andservants S� 1=4 or��t all liability, costs, expenses, attorney's fees, or damages arising from any claim, demand, ��uu resulting or arisin ding from, either di�ectl + oe a Mcd a aer`tisi , Mii�'h eth,�s� r yt wvpftl� ra � ' cCav�nsr sions y u%z'� to ca�•-ry out ir. is or i:ez capacity as a laG, er.�orcer;ent ATTO nY'SFEES officer, regard]-ess of the She'-`lal retail assicnrent. 14. In the event the Sheriff has to take legal action to enforce the payment of fees under this Permit Application, Permittee agrees to pay Sheriff his costs and attorneys fees, including the costs of any appeal. _vII HAVE READ, UNDERSTAND, AND AGREE TO THE ABO EDTEIL BELOW. D CON"DITIONS. I AM =-UTHORIZED TO SIGN ON BEHALF OF THE ENT ITY Legal name of entity: Ci ;V of Tamarac FL By (signature) Print name and title of person signing: Date signed: Jeffrey L. Mill City Manager Joe Schreiber Mayor TO BE CONIpLETED BY SPECLXL DETAILS OFFICE After investigating this request, it is recommended that this Permit Application he: Approved Date Date Disapproved