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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0541 2 3 4 ILII 7 a 9 10 11 12 13 14 15 16 17 I.a 9 20 21 22 23 24 25 26 27 28 29 130 31 32 33 34 35 36 1 Temp. Reso. # 6471 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, EXPRESSING THE INTENT OF THE CITY TO EXERCISE ITS OPTION TO RENEW THE AGREEMENT WITH THE BROWARD SHERIFFS' OFFICE TO PROVIDE POLICE SERVICES FOR A TWO (2) YEAR SUCCESSIVE FISCAL TERM (OCTOBER 1, 1994 THROUGH SEPTEMBER 30, 1996); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 16, 1989, the City of Tamarac and the Broward Sheriffs' Office entered into an Agreement to provide police services to the City of Tamarac, commencing on July 1, 1989; and WHEREAS, the service Agreement remains in full force and effect commencing July 1, 1989 and ending September 30, 1994; and WHEREAS, the parties agreed that the Agreement would be renewable at the option of the City for a two (2) year successive fiscal term (October 1, 1994 through September 30, 1996) upon the good faith renegotiation of the terms and financial conditions therein, at an annual cost increase not to exceed five percent (5%) of the 1993 - 1994 Agreement; and WHEREAS, the City could exercise such option by providing written notice of its intent to do so, which notice shall be evidenced by Resolution duly enacted by the City Council of the City of Tamarac; and WHEREAS, the notice of exercise shall be furnished to BSO not later than the first day of May, 1994, but not sooner than the first day of March, 1994, provided in every event the first session of renegotiation shall take place prior to June 1, 1994; and WHEREAS, the City Council 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 exercise the option, to enter into good faith renegotiation and to extend the Agreement for a two (2) year successive fiscal term (October 1, 1994 through September 30, 1996.) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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. 1 2 3 4 Ci 7 8 9 10 11 12 13 14 15 16 17 8 9 20 21 22 23 24 25 26 27 28 29 130 31 32 33 34 35 36 2 Temp. Reso. # 66 71 SECTION 2: The City of Tamarac does hereby express its intent to exercise its option to renew the Service Agreement with the Broward Sheriffs' Office for police services, (a copy of which is attached hereto as Exhibit "A") for a two (2) year successive fiscal term (October 1, 1994 through September 30, 1996) upon the good faith renegotiation of terms and financial conditions, at an annual cost increase not to exceed five percent (5%) of the 1993-1994 Agreement. SECTION 3: The City Manager is directed to provide written notice of the City's intent to renew the Service Agreement by forwarding a copy of this Resolution to the Broward County Sheriff, consistent with the notice requirements of Article 22 of the Service Agreement, no later than the first day of May, 1994 and no sooner than the first day of March, 1994. SECTION 4: The City Manager is directed to engage in renegotiation of the Agreement and that the first session of renegotiation shall take place prior to June 1, 1994. SECTIONS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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.lk , PASSED, ADOPTED AND APPROVED this �3 day of 1994. NO MAN ABRAMOWITZ MAYOR AT rEES�T:,o CAROL A. EVANS -- CITY CLERK Y I HEREBY CERTIFY that I have app d this RESOLUTION kto f m. MITCHELt S. KRAF CITY ATTORNEY (BSO.ms) RECORD OF COUNCIL. VOTE MAYOR ABRAMOWlITZ DISTRICT 1: V / NJ KATZ DISTRICT 2: C/ to K I N DISTRICTS: O I i"A, 3C;-IREiBr,R DISTRICT4: C i VV N1AOI-IEK 1�1 0 e - �� _S_� AGREEMENT FOR POLICE SERVICES THIS AGREEMENT, by and between the CITY OF TAMARAC, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY", and the (Sheriff of Broward County, Florida, hereinafter referred to collectively as "BSO", W I T N E S S E T H: 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, NOW, THEREFORE, in consideration of the sums hereinafter set forth and for other good and valuable considerations, the receipt and legal sufficiency of which are hereby acknow- ledged, it is hereby agreed as follows: k\li i I, i I ".A" 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: 1.1 For the purposes of this Agreement, the following terms shall have the respective meanings hereinafter set forth: 1.11 Patrol Unit A Patrol unit shall be defined to mean one marked patrol car with one uniformed Deputy Sheriff and all standard support equipment. It is planned that each deputy will have a'take home car, no later than September 30, • 1991. It is contemplated that employees previously employed by the City of Tamarac and who are hired by the SHERIFF as deputies within the City of Tamarac shall be the first to receive take home vehicles provided said employee(s) reside within the municipal boundaries of the City of Tamarac. 1.1.2 Service shall mean comprehensive police protec- tion provided each day of the year, on a twenty-four '(24) hour per day basis, except as hereinafter stated, at a standard corresponding to, and not less than, the level of service provided to CITY immediately prior to the 1st day of July, 1989 by its former Police Department, as such level has been supplemented and enhanced as a result of this Agreement and any, amendments and supplements thereto. 1.1.3 Shift shall mean and include service provided on an eight (8) hour basis (Except supervisors may be assigned as needed.) unless revised by mutual agreement of the parties; the commencement hour of any shift shall be determined and established from time to time by BSO. If, • �_94-s�- during a' particular shift, the assigned manpower is reduced to less than eight (8) deputies, then SHERIFF agrees to temporarily assign replacements to oujr satisfaction. 1.2 Service shall be maintained and provided in accordance with the following minimum criteria: 1.2.1 First Shift (Midnights): Ten Patrol Units and at least one Sergeant op duty seven (7) days a week. I 1.2.2Second Shift (Days): Ten Patrol Units and at least one Sergeant on duty seven (7) days a week. 1.2.3 Third Shift (Evenings): Twelve Patrol Units and at least one Sergeant on duty seven (7) days a week. 1.2.4 The following is a list of other personnel needed to provide the CITY with appropriate police services based upon a standard BSO work week for the following positions which positions will be assigned by the District Commander: A. There will be six (6) sergeants and two (2) lieutenants assigned to the patrol function. B. One Sergeant and four (4) deputies specifically assigned to Traffic Law Enforcement. C. Eight Community Service Aides. Community Service Aides will be assigned as needed. D. Five Deputies and One Sergeant will provide General and Investigatory services exclusively in the City of Tamarac. They will work an 8-hour shift and will be assigned as needed. E. One Lieutenant will be assigned to duty at the -3- District Headquarters during normal business hours, Monday through Friday. The Lieutenant will also be available for call out if needed. F. One Clerk -Typist will work the daytime hours, Monday through Friday and will be assigned to the Investiga- tion Unit. G. One Youth Counselor assigned to the Youth and Community Involvement Unit who will work staggered hours as the need dictates. H. One District Commander and one Administrative Secretary will also be assigned duty five (5) days a week, Monday through Friday during normal business hours. Failure of SHERIFF to provide staff levels on a daily basis as specified in Sections 1.2.1, 1.2.2 and 1.2.3 shall cause the CITY to receive a monetary credit against the next succeeding month's payment. The parties agree that in the event any personnel under sections 1.2.4, A, H, C, D, E, F, G and H who are not on duty for a period of ten (10) consecutive days because of sickness, injury or workers compensation, then that position will be temporarily replaced with other appropriate personnel. A deputy with the rank of Lieutenant and above who is not on duty for a period of five (5) consecutive days because of sickness, injury or workers compensation will I be temporarily replaced with 'other personnel Absence from assigned duties as stated above does not include annual leave or training. Said credit shall be calculated using the following hourly rates. July 1, 1989 through September 30, 1989; Deputy Sheriff, per hour ... ... .......$22.65 Deputy Sheriff Sergeant, per hour.....$28.45 -4- l- � �1 � � - Deputy Sheriff Lieutenant, per hour ... $30.45 October 1, 1989 through September 30, 1-990 • Deputy Sheriff, per hour..............$22.70 Deputy Sheriff Sergeant, per hour ..... $28.50 Deputy Sheriff Lieutenant, per hour...$30.50 1.3 The uniform patrol force shall respond to and render aid in life-saving and in -progress crime scenes, and the response time incident thereto shall not be more than two (2) minutes from time of dispatch. Response time reports will be reviewed on a monthly basis by the City Manager and District Commander as part of routine performance evaluation. 4 1.4 Each patrol unit shall maintain in a patrol vehicle at a minimum the following safety devices; one 5-lbo dry chemical fire extinguisher, first aid kit, disposable blankets, a 100' length of rope, shovel and breathing assis- tance apparatus. 1.5 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. 1.6 BSO shall answer and administer, on a twenty-four (24) hour daily basis, all telephone communica- tions related to police services at the Tamarac District. 1.7 In addition to the foregoing, SHERIFF agrees to provide CITY without additional cost, a central dispatch center, and E-911 Communication System, necessary to fulfill -5- r-9q-s'E the obligations of SHERIFF under this contract. 1.8 At the request of the City Manager, one 0 uniformed Deputy Sheriff shall be available to attend each regular and special City Council meeting at no additional cost to the City. CITY shall have the right to approve all transfers of personnel both in and out of the Tamarac District except as provided in Section 6.2 of the Agreement. PROVIDED, FURTHER, except as otherwise hereinafter specifically set forth, such professional police services shall en�ompass all those duties and functions of the type coming within the jurisdiction of and customarily rendered by municipal police departments and the office of the Sheriff of Broward County, in accordance with the Charter of the CITY, Charter of Broward County and the Statutes of the State of Florida. Any section in Article I herein relative to personnel schedules may be adjusted by the City Manager with input from the District Commander and concurrence by the Sheri f f . ARTICLE II. ANCILLARY SERVICES In addition to those duties and responsibilities herein - above described, BSO shall provide the CITY, without"'addi- tional cost therefor, the following expertise, services and facilities as the same might be required from time to time: 2.1 Full service crime lab; 2.2 Selective enforcement team; 2.3 Helicopter patrol; 2.4 Narcotics Unit; 2.5 Organized Crime Unit; 2.6 Prisoner and jail service; Q-M 10 2.7 A Homicide Investigative service; i 2.8 A full records service including police functions records; 2.9 Any other service which the Sheriff provides to Broward County and other Broward cities not under contract; 2.10 And such other units or service as the BSO may have or add during the term of this Agreement; 2.11 Canine Service 2.12 Boats and divers 2.13 County -wide Selective Enforcement Team ARTICLE III. MAINTENANCE OF ABILITY BSO shall furnish to and maintain for the benefit of the CITY, without additional cost therefor, all necessary labor, supervision, equipment, vehicles, communication facilities and supplies necessary and proper for the purpose of performing the services, duties and responsibilities set forth and contemplated herein and as necessary to maintain the level of service to be rendered hereunder. ARTICLE IV. ADDITIONAL SERVICES BSO shall provide to the CITY, upon the request of. the City Manager, such additional services as may from 'time to time, be needed at the discretion of the CITY.. 4.1 The cost of such services shall be borne by the CITY and shall be payable in such amounts and in such a manner as may be determined by mutual agreement, upon each occurrence. ARTICLE V. EMPLOYMENT RESPONSIBILITY -7 - ('�)_ 9 q-s-q 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, FSA) vacation or compensatory time, sick leave benefits or any other amenities of employment to any BSO Personnel performing services, duties and responsibilities hereunder for the bebefit of said CITY and the residents thereof or any other liabilities whatsoever, unless otherwise specifically provided herein. Likewise, unless specifically provided to the contrary herein, the CITY shall not be liable for compensation, contribution or indemnity to BSO or the employees thereof for any injury or illness, of any kind whatsoever, arising out of such employment and the perform- ance of the services, duties and responsibilities contem- plated herein. BSO agrees that any employee transferring employment from the CITY may transfer their accumulated hours of unused sick leave, vacation benefits, holiday and compensatory 'time. If a transferring employee leaves the employment of the BSO within three years of the effective date of the -contract, the liability for the payment of the accrued benefits will lie with the CITY. After the third year, the liability for the payment of the accrued benefits will lie with the BSO. The liability will be based upon the terms and conditions of the FOP, PBA and F'PE as they existed on June 30, 1989. In any -went, the CITY shall not be liable for benefits accrued by any employees during their tenure with the BSO. The parties agree that any employee taking leave of any kind subsequent to .Tune 30, 1989 will take first from the leave accumulated under the appropriate City of Tamarac labor contract. Employees of the City shall preserve their seniority effective as of the date of hire with the Police Department of the City of Tamarac. In the case of law enforcement officers the date of certification with the City of Tamarac shall establish seniority. For employees of the department other than certified law enforcement officers, the date of classification with the department shall establish seniority. All due process rights established by law, policy, proce- dures, or agreement shall be afforded.to all qualified deputies as those rights pertain to seniority, discipline, layoff or discharge in the Broward Sheriff's Office. 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 compen sation 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, the BSO shall be obliged to consider them for appointment. Except for light duty personnel, excused personnel, and personnel who may fail the required drug Guest, the BSO agrees to include all other Tamarac Police Department personnel within the BSO. ARTICLEyI._IEMPLOYMENT; RIGHT OF CONTROL BSO shall have and maintain the responsibility for and the control, of the reddition of the services, the standards of performance, the discipline of personnel and other matters incident to the performance of the services, duties and :W_z responsibilities described and contemplated herein. 6.1 The CITY does hereby reserve the right and BSO does hereby acquiesce in the CITY's right to require that BSO is transfer such personnel who, in the determination of the City Manager, fail to perform in a manner consistent with the standards contemplated herein as same may be acceptable to the CITY. Accordingly, BSO agrees to replace any such transferred deputy forthwith, and such replacement personnel shall be subject to the approval of the City Manager. 6.2 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 geo- graphy, its industrial, business and residential composition, and its crime problems. In furtherance thereof, the parties agree that, without impairing the rights of BSO as an 0 employer Is provided in Article VI above,- BSO shall not remove, transfer or replace any of the personnel currently assigned to the CITY without the written concurrence of the City Manager. In situations where a deputy requests a transfer in order to accept a promotion or special assignment which has been offered to him or her by BSO based upon his or her special education qualifications or career path,,such request shall be submitted in writing and, upon verification of such conditions, such request will be honored by the,CITY. In any event, the CITY agrees to the removal of a deputy who is discharged by BSO for cause. ARTICLE VII. 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 bylaw, the police powers of the CITY which are necessary to implement and carry -=-10 -- 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, i 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. ARTICLE. VYII. CONSIDERATION 8.1 The consideration to be paid by CITY to BSO shall be in the net a sum of $1,033,581 DOLLARS for the three (3) month period of time from July 1, 1989 through September 30, 1989, payable in monthly installments of $344,527 in advance on the lot day of each month, commencing July 1, 1989. The consideration to be paid by CITY to BSO shall be in the total sum of $5,082,644 DOLLARS for the twelve (12) month period of time from October 1, 1989 through September 30, 1990, payable in monthly installments of $423,544. 8.2 The CITY agrees that the net annualized cost'(which credits the*BSO for the facility lease agreement) of the 1989/1990 fiscal year is $4,722,644. Dollars. The CITY further agrees to pay for annual contract increases which shall not exceed the following schedule: 1990/1991 Budget -- 3.5% 1991/1992 Budget - 4.5% 1992/1993 1 Budget - 5.0% -11- or under any statutory or common law proceedings to which the City would otherwise be entitled, except as limited by Section 9.2 hereof. 0 9.2 BSO agrees that any property or currency seized within the,Tamarac District, pursuant to Chapter 932 of the Florida Statutes, and subsequently forfeited to BSO, shall be specifically designated and used within the Tamarac District for purposes set forth in Chapter 932. 9.3 BSO shall, on a quarterly basis, supply the CITY a written record of such forfeitures to which the CITY is entitled as a result of the enforcement of the ordinances of the CITY and laws of the State of Florida. 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 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 change of status with regard to the seizure of such property. ARTICLE X. SPECIAL EQUIPMENTf PROVISO BSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and the intent',contem-- plated herein, without additional costs therefor, fully equipped patrol vehicles which shall bear, in addition to is such other names as might be required by law, the name "Tamarac" in letters no less than two (2) inches in height. ARTICLE XI. DISTRICT COMMANDER A District Commander shall be maintained between the CITY and BSO through the Sheriff and/or his designee, who -13- K -G� --S-q 1993/1994 Budget -- 5.0% Said increase shall only be approved after the BSO has 40 provided detailed financial backup justifying the increase to the CITY. F_IL 8.3 Otherwise, the consideration recited herein consti- tutes the entire consideration to be paid hereunder and upon the payment thereof, in the manner and at the times pre- scribed herein, the CITY shall have no further monetary obligations to BSO or any third party providing services described in this Service Agreement. 8.4 The CITY shall take as a credit against the monthly payment, on an hour -for -hour basis,•,those required services set forth in Article 1.2. ARTICLF__IX. FINES, FORFEITURES; PAYMENT All 1�w 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 pur- poses 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 copne,ction with police or law enforcement activities. 9.1 CITY and BSO do hereby acknowledge, one to the other, that nothing contained herein shall in anywise 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 F.S.A., 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 _ 12 -- (�- sV-s� shall meet and confer with the City Manager or his designee for the purpose of maintaining the viability and vitality of this Service Agreement. E 11.1 The CITY 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 such appointee, the appointee shall not be demoted in rank or involuntarily separated from BSO except for just cause. 11.2 BSO shall continually maintain at the CITY, in the offices provided for such purpose by the Police Facility Lease, 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. 11.3 lIn 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 appoint- ment shall be rescinded by the City, a replacement sha11 be appointed, subject to the approval of the City Manager,, 11.4 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. ARTICLE XII. CITY DISTRICT BSO shall maintain a division headquarters in the CITY, which division headquarters shall be referred to and known as -14- "Office of the Sheriff of Broward County, Tamarac District", 7515 North West 88th Avenue, Tamarac, Florida 33321-2401. 0 41 ARTICLE XIII. INSURANCE BSO shall maintain, in addition to those policies of insurance required and contemplated in Article V hereof, Policies of liability, automobile, excess automobile, in the amounts hereinafter described: 13.1 eneral Liability $1,000,000/$1,000,000.00 13.2 Automobile Liability $1,000,000/$1,000,000.00 13.3 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. 13.4 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. 13.5 The costs of all policies of insurance required", hereunder shall be the obligation of BSO, and the CITY shall in no way be responsible therefor. ARTICLE XIV. HOLD HARMLESS 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 of the employees of BSO; and BSO shall indemnify the -15- e-(�4 5`f 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 employees of BSO. ARTICLE XV. 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 ArticleVII. ARTICLE XVI. TERM This Service Agreement shall remain in full force and effect commencing July 1, 1989 and ending September 30', 1994, all dates inclusive, unless this Service Agreement be otherwise extended or terminated in accordance with the terms hereof. ARTICLE XVII. OPTION TO RENEW The parties agree that this Agreement shall be renewable at the option of the CITY for a two-year successive fiscal term (October 1, 1994 through September 30, 1996) upOq the good faith renegotiation of the terms. and fi:nahcial conditions hereof at an annual cost increase not to exceed five (5%) percent of the 1993-94 Agreement. 17.1 The CITY shall exercise such option by providing written notice of its intent so to do, which notice shall be evidenced by a Resolution duly enacted by the City Council of. CITY. 0 E - 16- • 17.2 The notice of exercise shall be furnished to BSO not later than the lst day of May, 1994, but not sooner than the 1st day of March, 19941 provided, in every event, the first session of renegotiation shall take place prior to June 1, 1994. 17.3 In the event of such exercise, BSO shall indicate its acknowledgement thereof in writing, delivered to CITY not later than ten (10) days from the receipt of the appropriate Resolution. 17.4 Exercise of the renewal option of the Service Agreement by the City shall obligate the continuation of the Police Facility Lease Agreement by the BSO. a ARTICLE XVIII. TERMINATION BSO does hereby acknowledge that CITY is making this Agreement in reliance upon BSO's fulfillment of the obliga- tions herein imposed for the full term contemplated herein. Accordingly, BSO does hereby acknowledge that BSO shall have no right of termination during the initial term hereof and/or during the option period, should the CITY elect to exercise same. 18.1 CITY may terminate this Service Agreement at' iks discretion either with or without case, by giving written notice thereof to. BSOI provided, however, that such termination shall not be effective until the ninety-first (91) day after the receipt thereof by BSO. 18.1.1 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 termina- tion of service. ARTICLE XIX. TRANSITION 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 other- wise afforded to the residents of the CITY pursuant to the terms hereof. In the event of such termination or expiration and in the further event that the CITY is unable to provide the same level of police protection through its own police force at the time of such termination or expiration, the then pending term of this Agreement shall be deemed automatically extended for a period of ninety (90) days or until CITY is capable of rendering such police service, whichever occurs sooner, 19.1 The remunerations to be paid to BSO during the transition period shall be commensurate with the remunera- tions paid hereunder based upon the preceeding monthly payment. ARTICLE XX._ EQUIPMENT APPRAISAL AND TRANSFER PROVISIONS In the event df the termination or upon the expiration of this Agreement, CITY shall have the option to -acquire from BSO, and upon the exercise of such option, BSO shall deliver to CITY any comparable piece of equipment, including police vehicles, directly,attributable to or in use by the Tamarac District at the time of such termination or expira- tion of this agreement in connection with the services contemplated herein. 20.1 The market value and condition of said equipment, including vehicles, received from CITY, shall be determined -IS by mutual agreement/or appraisal prior to the execution of this Service Agreement and in the event of termination or expiration of the CITY's exercise of option, BSO shall return to CITY a comparable number of vehicles and equipment of comparable market value and condition. Upon determina tion, a list of these vehicles and equipment with values specified shall be memorialized in a letter of understanding or an appendice to this Agreement. It is contemplated that no monies shall be exchanged for vehicles/equipment returned to CITY under this provision. At the end of the five-year agreement, the value of the appraised vehicles and equipment may be negotiated as a credit towards the option renewal costs. 20.2Upon the exercise by the CITY of its option to possess tAe subJect equipment, BSO shall convey all of its right, title and interest thereto, including police vehicles, to the CITY by Bill of Sale Absolute or Certificate of Title, as applicable. ARTICLE XXI. AUTHORITY TO EXECUTE= NO CONFLICT CREATED 21.1 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: 21.1.1 His making and execution hereof shall create a legal obligation upon himself and the Broward Sheriff's Office of Broward County, Florida, which shall be legally binding upon them; -19- 21.1.2 The same shall be enforceable by the CITY accor- ding and to the extent of the provisions hereof. 21.2 Nothing herein contained or no obligation on the part of BSO to be performed hereunder shall in anywise 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. 21.3 The City Manager, Mayor and 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 the Resolution of the City Council of the CITY. 9 21.4 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. ARTICLE XXII. NOTICE All notices required hereunder shall be by first class mail, except that any Notice of Termination shall be mailed via U.S. mail, return receipt requested and, any 'notice required hereunder shall be addressed to the party iritdhded to receive same at the following addressess 0 22.1 CITYs City Manager 7525 N.W. 88th Avenue Tamarac, Florida 33321 22.2 BSO: Sheriff Broward County Sheriff's Office Post Office Box 9507 -20- e-,� �--5-q Ft. Lauderdale, Florida 33310 40 It ARTICLE XXIII. NON -ASSIGNABILITY R-1?5- i sa BSO shall not assign any of the obligations or benefits imposed hereby or contained herein, unless upon the written consent of the City Council of the CITY, which consent must be evidenced by a duly passed Resolution. ARTICLE XXIV. ENTIRE AGREEMENT= AMENDMENT The parties acknowledge, one to the other, that the terms hereof constitute the entire understanding and agree- ment 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 XXV. BINDING EFFECT This Agreement shall inure to the benefit of and be binding upon the respective parties' successors. IN WITNESS WHEREOF, the parties hereto have caused their respective agents to execute this instrument on their behalf, at the times set forth below. ATTESTt CAROL A. VANS, CITY CLERK CITY F TAMARAC By t _.� I N RMAN ABRAMOWITZ, MAYOR___�j D tedr (SEAL) 1 By: JOH P. ELL , C AGER Dated -21- APPROVED AS TO FORM AND LEGAL SUFFICIENCY: r�l cl-4 0�uoao 0:1 RICHARD L. DOODY, ` CITY ATTORNEY SHERIFF OF BRO ARD COU Y "BSO" WITNESSES SHERIFF oared s 4 APPROVED S O AND GAL SU IE C`Y,� UNSEL To HE SHERIFF :BSO.Agreement 0 =22-