HomeMy WebLinkAboutCity of Tamarac Resolution R-99-054Page 1
Temp. Reso. #8540
2/17/99
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99 ._5'�
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO PROVIDE WRITTEN NOTICE TO
THE SHERIFF OF BROWARD COUNTY OF THE
CITY'S INTENT TO RENEW THE EXISTING
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND SHERIFF OF BROWARD COUNTY, FLORIDA
FOR LAW ENFORCEMENT SERVICES IN
ACCORDANCE WITH ARTICLE XXI, OPTION TO
RENEW, SECTION 21.2 OF THE AGREEMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac, on June 28, 1995, executed an
Agreement Between the City of Tamarac and the Sheriff of Broward County,
Florida for Law Enforcement Services (attached hereto as Exhibit A); and
WHEREAS, the original term of the agreement was set forth in Article XX.
TERM as the time period commencing October 1, 1994 and ending September
30, 1999; and
WHEREAS, Article XXI. OPTION TO RENEW, Sections 21.1, 21.2, and
21.3 provide for the renewal of the agreement; and
WHEREAS, Article XXI. OPTION TO RENEW, Section 21.1 states, "This
Agreement may be renewed for five (5) year periods upon mutual agreement of
the parties"; and
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Temp. Reso. #8540
2/17/99
WHEREAS, Article XXI. OPTION TO RENEW, Section 21.2 states, "The
CITY shall provide written notice of its intent to renew no later than the Vt day of
May. The written notice shall be evidenced by a Resolution duly enacted by the
City Commission of CITY"; and
WHEREAS, Article XXI. OPTION TO RENEW, Section 21.3 states, "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"; and
WHEREAS, the City intends to renew the Agreement Between the City of
Tamarac and Sheriff of Broward County, Florida For Law Enforcement Services;
and
WHEREAS, it is appropriate to provide written notice of intent to renew at
this time in order to provide adequate opportunity to review the Agreement for
necessary modifications prior to renewal; and
WHEREAS, the City Manager recommends approval; 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
authorize the appropriate City officials to provide written notice to the Sheriff of
Broward County of the City's intent to renew the existing Agreement Between the
City of Tamarac and Sheriff of Broward County, Florida For Law Enforcement
Services.
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Temp. Reso. #8540
2/17/99
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified
and confirmed as being true and correct and are HEREBY made a specific part
of this Resolution upon adoption hereof.
SECTION 2: The appropriate City officials are HEREBY authorized to
provide written notice to the Sheriff of Broward County of the City's intent to
renew the existing Agreement Between the City of Tamarac and Sheriff of
Broward County, Florida For Law Enforcement Services in accordance with
Article XXI. OPTION TO RENEW, Section 21.2 of the Agreement.
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith
are HEREBY repealed to the extent of such conflict.
SECTION 4: If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the
invalid provision or application, and to this end the provisions of this Resolution
are declared to be severable.
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Temp. Reso. #8540
2/17'/99
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED third L/ day of .� 1999.
ATTEST:
CAROL GOL CE/AME
CITY CLERK
I HEREBY CERTIFY that I
approved this
RESOLUTION as to form.
ACHELL S. KRAFATTORNEY
iH
RECORD OF COMMISSION
MAYOR _ SCHREIBER
DIST 1:
COMM. MOKAYE
DIST 2:
V/N1 MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
Robert S. Noe, Jr.
City Manager
bnoe®tamarac.org
Ll
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City of Tamarac
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-1230 • Facsimile (954) 724-2454
February 5, 1999
The Honorable Mayor and Members of the City Commission
City of Tamarac
7525 N.W. 881" Avenue
Tamarac, Florida 33321
Mr. Mayor and Members of the Commission:
This is to advise that Article XXI. Option to Renew, Section 21.2 of the
contract with BSO provides:
"The CITY shall provide written notice of its intent to renew no later than
the 1 st day of May. The written notice shall be evidenced by a Resolution
duly enacted by the City Commission of CITY."
This is provided for your information. I plan to list the appropriate
resolution on your February 24, 1999 agenda.
C: City Attorney
Chief Goldstein
Very truly yours,
rz' 5. 0 "
Robert S. Noe, Jr.
u
Temp. Reso # 8540
Exhibit "A"
AGREEMENT BETWEEN
THE CITY OF TAMARAC
• AND
SHERIFF OF BROWARD COUNTY, FLORIDA
FOR LAW ENFORCEMENT SERVICES
C.
June 23, 1995
r
•
•
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 ......................... 5
ARTICLE VI. ANCILLARY SERVICES ............................. . 7
ARTICLE VII. MAINTENANCE OF ABILITY .......................... 8
ARTICLE VIII. ADDITIONAL SERVICES ............................... 8
ARTICLE IX. EMPLOYMENT RESPONSIBILITY
.............................
8
ARTICLE X. EMPLOYMENT; RIGHT OF CONTROL ........................
11
ARTICLE Xi. EMPLOYMENT; AUTHORITY TO ACT
12
.......................
ARTICLE XII. CONSIDERATION ........................................
13
ARTICLE XIII. FINES, FORFEITURES; PAYMENT ..........................
16
ARTICLE XIV. LEASE AGREEMENT ....................................
19
ARTICLE XV. DISTRICT COMMANDER
23
..................................
ARTICLE XVI. CITY DISTRICT .........................................
24
ARTICLE XVII. INSURANCE ...........................................
25
ARTICLE XVIII. HOLD HARMLESS
......................................
26
ARTICLE XIX. INDEPENDENT CONTRACTOR
27
............................
ARTICLE XX.TERM ..................................................
27
ARTICLE XXI. OPTION TO RENEW ..................................... 27
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ARTICLE XXII. TERMINATION ......................................... 28
ARTICLE XXIII. TRANSITION ............... I .......................... 28
ARTICLE XXIV. EQUIPMENT APPRAISAL AND TRANSFER PROVISIONS ...... 29
ARTICLE XXV. AUTHORITY TO EXECUTE; NO CONFLICT CREATED ......... 30
ARTICLE XXVI. NOTICE .............................................. 31
ARTICLE XXVII. NON -ASSIGNABILITY .................................. 32
ARTICLE XXVIII. JOINT PREPARATION ................................. 32
ARTICLE XXIX. ENTIRE AGREEMENT; AMENDMENT ...................... 32
ARTICLE XXX. BINDING EFFECT ...................................... 32
C.
•
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THIS AGREEMENT made and entered into in Broward County, Florida, this
day of , 1995 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, 1994.
WIT NESSETH:
WHEREAS, the CITY has heretofore maintained a high level of professional police
• protection for the benefit of the citizenry thereof, and
WHEREAS, the CITY is desirous of maintaining the high level of 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.
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
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acknowledged, it is hereby agreed as follows: 0
F--nmLollEZI M` Leie
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.
V304114IM 14igI.I-k09111I+�
2.1 For the purposes of this Agreement, the following terms shall have the
respective meanings hereinafter set forth: •
2.2 Patrgj 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 ghlft shall mean and include service provided on an eight (8) hour basis
(except supervisors maybe assigned as needed) unless revised by mutual agreement of
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.
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3.1 Commencing October 1, 1994, the staffing structure of the Tamarac District
will be as follows:
1 District Commander
3 Executive Officer/Lieutenants
8 Sergeants
64 Deputy Sheriffs
8 Community Service Aides
2. Clerical Assistants
• 86
The parties hereby acknowledge that the above staffing structure does not
include BSO deputies and employees providing services to patrol zones of 715, 716 and
717 of unincorporated Broward County.
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 Commanderor 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 shall 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
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in which the vacancy occurred. i
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4.1 The uniform patrol force shall respond to and render aid in life-saving
and in -progress crime scenes, and shall make every reasonable effort to respond to
emergency calls within two (2) minutes while maintaining safe operations. Response
time reports will be reviewed on a monthly basis by the City Manager and District
Commander as part of routine performance evaluation. BSO shall report emergency
response time samples on a quarterly basis. The City Manager shall include this
information in the monthly reports to the City Commission.
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.
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• 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 at no
additional cost to the CITY.
4.7 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
0 accordance with the Charter of the CITY, Charter of Broward County and the
Statutes of the State of Florida. Any section in Article 111 herein relative to personnel
schedules may be adjusted by the City Manager with input from the District
Commander and concurrence by the Sheriff.
F-J z OI 02-GIRTULZI 9WAK.158WOURP
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 the unincorporated patrol zones 715, 716, and 717 as described and
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attached as Exhibit 1" and as may be subsequently amended.
5.2 District VIPs 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 0
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.
A SET Team shall remain as part of the CITY's service even if the
unincorporated patrol Tones 715, 716, and 717 change or are eliminated. A SET
Team shall be established in the CITY on an as -needed basis at no additional cost
to the CITY.
A
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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;
E-911 (police, fire, and EMS).
The above services shall be provided at no additional cost to the CITY.
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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.
BSO agrees to advise the CITY of the need foredditional 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 School, the middle schools and high schools that
Tamarac youth attend. (BSO shall provide costs of youth counselor.) CITY shall
delineate the services requested.
9.1 All law enforcement officers, deputy sheriffs and other persons
employed by BSO in the performance of such services, functions and responsibilities
[,
0 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 any of 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 FRIS.
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
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enforcement officers the date of certification with the City of Tamarac shall establish 0
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 The CITY acknowledges that there may be personnel within the police
department who are either on light duty or excused from duty by virtue of their
entitlement to workmen's compensation benefits. There shall be no obligation on the
part of the BSO to include these personnel within their department. However, when
these personnel are released by their doctors to return to duty, then BSO shall be •
obliged to consider them for appointment. Except for light duty personnel, excused
personnel, and personnel who may fail the required drug test, the BSO agrees to
include all other Tamarac Police Department personnel within the BSO.
9.5 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 BSaemployees.
9.6 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 •
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• of the collective bargaining agreement between the Sheriff of Broward County and
the bargaining unit.
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
0 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 Sheriffs 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 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
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law.
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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 carry 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.
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12.1 The CITY agrees to pay BSO, in consideration for the services
described herein, $5,983,000 for fiscal year 1995 to be paid in monthly installments
due and payable before the first day of each month in the amount of $498,583.33.
In the event BSO provides the CITY with a Youth Counselor, the CITY agrees to pay
BSO the cost of such Youth Counselor. The CITY further agrees to pay to BSO for
fiscal year 1996, the lesser of BSO's projected budgetary cost of six million four
hundred thirty-one thousand seven hundred twenty-five dollars ($6,431,725) 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 benefit adjustments. The
consideration for fiscal years 1995 and 1996 shall be due and payable before the first
day of each month.
12.2 The consideration payable by the CITY for fiscal years 1997, 1998, and
1999 shall be based upon BSO's approved budget for such fiscal years, however the
consideration for such fiscal years shall not be increased by more than five percent
(5%) of the contractual consideration for the preceding fiscal year. 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 to the City Commission for their consideration.
0 12.3 The parties hereby acknowledge and agree that each member of the
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Tamarac District's staff, as defined in paragraph 3.1, accounts for 260 (52 weeks x
5 days per week) potential service days per year. The parties further acknowledge
and agree that the total potential service days for the present Tamarac District staff
of 86 is equivalent to 22,360 (260 days per employee x 86 employees) per year.
12.4 The above -stated consideration includes a vacancy rate of three and
one half percent (3.5%) which is equivalent to 783 (22,360 total potential service
days x 3.5%) vacancy days. In the event the vacancy days, as defined in paragraph
12.5, exceeds 783 days, the CITY shall be entitled to a credit for each vacancy day
exceeding 783 days. Said credit shall be calculated using pay Step "F" of the
affected class plus all associated benefit costs including pension, social security,
FICA, and health insurance in the BSO's Pay Plari. In the event the staffing structure •
of the Tamarac District is amended in any manner, the above number of days shall
be recalculated accordingly.
12.5 For purposes of this Agreement, a vacancy day is defined as any day
in which the following occurs:
(a) A position is unfilled;
(b) A BSO Tamarac District employee is on special assignment
outside the Tamarac District;
(c) A BSO Tamarac District employee is absent from duties
because of injury or workers compensation; or
(d) A BSO Tamarac District employee is absent from duties
because of sickness and the period of sickness exceeds five (5)
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0 consecutively scheduled work days in which event 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.
12.6 The vacancy credit shall be computed on actual vacancies from
October 1 through July 31 of the fiscal year plus projected vacancies for August and
September of the same fiscal year. Vacancies shall be projected for August and
September based upon BSO's vacancies during the month of July. For purposes of
this Agreement, a fiscal year is defined as October 1 through September 30. Any
0 vacancy credit shall be credited against the CITY'd September payment. In the event
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the actual vacancy credit for the months of August and September differs from the
above projected figures, those vacancy days included within such difference that
exceed the 783 days as calculated above shall be adjusted in CITY's November
payment.
12.7 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 described in this Service Agreement.
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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 impair the CITY's right to the •
disposition of fines and forfeitures to which the CITY would be entitled, pursuant to
Section 316.0261 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 •
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0 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
0 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 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
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mutually agreed upon fair market value of such real property less any loans, 0
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 a written record
of the above -described fines and forfeitures.' Such report(s) shall include a 0
description and estimate of value of properties seized under the laws of the State of
Florida, whether or not 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.
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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 "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 terms and conditions of this Agreement.
14.3 BSO agrees to keep the District Office in a clean condition, free from
debris, except for normal wear and tear. 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, 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
19
and janitorial services to the Public Safety Facility. CITY further agrees to maintain 0
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 BSO shall pay for all utility costs including, but not limited to, telephone,
electric, and water for the District Office.
14.6 INSURANCE: CITY shall, during the term herein above 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.
14.7 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.
•
14.8 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.
14.9 HOLD HARMLESS: BSO shall hold the CITY harmless from any and
all manner of action and actions, cause and causes of actions, suits, trespasses,
damages, judgments, executions, claims and demands of any kind whatsoever in law
or in equity, which may result from or arise out of the intentional or negligent acts or
the alleged intentional or alleged negligent acts of BSO, its deputies/officers,
employees, agents, visitors or servants 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
intentional or negligent acts and the alleged intentional or alleged negligent acts of
the BSO, its deputies/officers, employees, agents, or visitors of BSO.
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 intentional or
negligent acts of the CITY, its employees, agents, servants and/or visitors.
14.10 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,
21
BSO's obligations and responsibilities shall be subject to renegotiation by the parties. 0
14.11 BSO shall be responsible for the maintenance and repair of the Gas
Boy computerized fuel dispensing system and dispensers or gas pumps.
14.12 CITY shall be responsible for the repair, maintenance, and replacement
of any and all other components of the fuel system including, but not limited to, the
piping and underground storage tanks.
14.13 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.
14.14 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
above ground leaks and spills caused by BSO, its employees, agents, or servants.
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.
14.15 Notwithstanding anything to the contrary contained herein, the parties
22
0 agree that liabilities associated with BSO's obligation to indemnify, defend, or hold
•
the CITY harmless shall be mitigated by the CITY's failure to respond in a timely
manner upon BSO's notification of a spill. Without limiting the generality of the
foregoing, BSO's indemnification under the above -described circumstances shall
apply to any and all liabilities resulting from or arising out of (1) any investigation,
cleanup, removal, or restoration of the Public Safety Facility grounds required by any
federal, state or local agency or political subdivision, and any personal injuries
(including wrongful death) or property damage (real or personal) and (ii) any
Hazardous Substance which flows, diffuses, migrates or percolates into onto or under
the Public Safety Facility grounds.
L03-01:0XTA 11 &110 Lot VD911i►, TAL, to]
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 or his designee for the purpose of maintaining the viability and vitality of this
Service 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
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
23
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 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.
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.
_: \
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 88th Avenue, Tamarac, Florida 33321-
2401.
24
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 $1,000,000/$1,000,000.00
Automobile Liability $1,000,000/$1,000,000.00
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.
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
25
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, does it at its own risk, cost and expense.
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 intentional or negligent acts or alleged intentional
or alleged negligent acts of its deputies/officers., employees, officers, agents, or •
visitors of BSO. 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 intentional or negligent acts or alleged
intentional or alleged negligent acts of the deputies, employees, officers, and agents
and/or visitors of BSO.
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 intentional
or negligent acts of the CITY, its employees, agents, servants and/or visitors.
W
-1
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.
This Service Agreement shall remain in full force and effect commencing October
1, 1994 nunc pro tunc and ending September 30, 1999, all dates inclusive, unless
• this Service Agreement be otherwise extended or terminated in accordance with the
terms hereof.
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 st 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.
27
r-, 1; 11 Lei ' .&OW111MVIVOR NINE
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 ninety-first (91) day after the receipt
thereof by BSO. •
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.
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 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 and0
28
0 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 1997, 1998, and 1999 shall not be increased by more
than five percent (5%) of the contractual consideration for the preceding fiscal year.
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 vehicles, directly attributable to or in use by the Tamarac
District at the time of such termination in connection with the services contemplated
0 herein.
29
24.2 The purchase price for such equipment shall be determined by mutual 0
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.
0
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:
25.2 His making and execution hereof shall create a legal obligation upon
Sheriff of Broward County, Florida which shall be legally binding upon them.
25.3 The same shall be enforceable by the CITY according and to the extent
of the provisions hereof.
25.4 Nothing herein contained or no obligation on the part of BSO to be
30
• 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.
25.5 The City Officials signed by the Mayor and attested by the City Clerk
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.
25.6 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.
All notices 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 88th Avenue
Tamarac, Florida 3332-2401
26.2 BSO: Sheriff
Broward County Sheriffs Office
Post Office Box 9507
Ft. Lauderdale, Florida 33310
31
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.
The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not, solely as a matter of judicial construction, be construed.
more severely against one of the parties than the other.
r-3 A 1 Lei It ". lt-mvllffl
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.
This Agreement shall inure to the benefit of and be binding upon the respective
parties' successors.
32
•
/e- qs /gb
•
•
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.
ATTEST:
CAROL A. EVANS
CITY CLERK
(SEAL)
APPR9VED AS TO FORM AN
LEGAlt SUFFICIENCY: /
- • CITY -ATTORNEY
33
CITY OF TAMARAC
N RMAN ABRAMOWITZ
MAYOR
J ..
.. i.
TT
CITY MANAGER
/_ Me' ' _ •
�P-45w��6
AGREEMENT BETWEEN THE CITY OF TAMARAC AND SHERIFF OF
BROWARD COUNTY FOR LAW ENFORCEMENT SERVICES
SHERIFF OF BROWARD COUNTY
"BSO•l
BY:
RON COCHItTlq,SHERIFF
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY SUBJECT TO THE
EXECUTION BY THE PARTIES
CHARLES T. WH,IITfELL&K L�
.COUNSEL TO THE SHERIFF
ti
:BSO.Agreement
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