HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1521
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Temp. Reso. #5450
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--89-
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH THE BROWARD
SHERIFF'S OFFICE TO PROVIDE POLICE SERVICES TO THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Agreement with The Broward
Sheriff's Office to provide police services to the City
commencing July 1, 1989, a copy of said agreement being
attached hereto as "Exhibit 1".
SECTION 2: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this / �(- day of , 1989.
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NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
�i3 &W1t0"@VO4q -
RICHARD DOODY
CITY ATTORNEY
k L, ,.., %,.� �. , . W, L VOTE
MAYOR . ABRAMOWITZ 1), ,.P
DISTRICT 1:
C/M ROHR
DISTRICT 2:
C/M TS E ZER
DISTRICT 3: ..-Cj�M
H2MNA
DISTRICT 4:
V/M eEND�
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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,
d 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:
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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
40 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,
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during a particular shift, the assigned manpower is reduced
to less than eight (8) deputies, then SHERIFF agrees to
temporarily assign replacements to our 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 on duty seven (7) days a week.
1.2.2 Second 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
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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, B, 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 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
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Deputy Sheriff Lieutenant, per hour...$30.45
October 1, 1989 through September 30, 1990
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.
1.4 Each patrol unit shall maintain in a patrol
vehicle at a minimum the following safety devices; one 5--1b.
dry chemical fire extinguisher, first aid kit, disposable
Sblankets, 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
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the obligations of SHERIFF under this contract.
1.8 At the request of the City Manager, one
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 encompass all those duties and functions of the type
coming within the jurisdiction of and customarily rendered by
municipal police departments and the office of the Sheriff of
Broward County, in accordance with the 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
Sheriff.
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;
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2.7 A Homicide Investigative service;
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
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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 benefit 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 FPE as they existed on June 30, 1989. In any
event, 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 June 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
cation 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 test,
the BSO agrees to include all other Tamarac Police Department
personnel within the BSO.
ARTICLE VI. EMPLOYMENT; RIGHT OF_CONTROL
is 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
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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
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
employer as 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 by law, the police
powers of the CITY which are necessary to implement and carry
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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.
ARTICLE VIII. CONSIDERATION
8.1 The consideration to be paid by CITY to BSO shall
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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 1st 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 Budget - 5.0%
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1993/1994 Budget - 5.0%
Said increase shall only be approved after the BSO has
provided detailed financial backup justifying the increase to
the CITY.
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.
ARTICLE IX. FINES, FORFEITURES; PAYMENT
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 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 connection
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
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or under any statutory or common law proceedings to which the
City would otherwise be entitled, except as limited by
Section 9.2 hereof.
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 EQUIPMENT; 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
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
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shall meet and confer with the City Manager or his designee
for the purpose of maintaining the viability and vitality of
this Service Agreement.
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.
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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 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 appoint-
ment shall be rescinded by the City, a replacement shall 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
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"Office of the Sheriff of Broward County, Tamarac District",
7515 North West 88th Avenue, Tamarac, Florida 33321-2401.
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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 General Liability $110001000/$11000,000.00
13.2 Automobile Liability $110001000/$1.1000,000.00
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
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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.
0 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 Article VII.
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) upon the
good faith renegotiation of the terms and financial
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.
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17.2 The notice of exercise shall be furnished to BSO
not later than the 1st day of May, 1994, but not sooner than
the 1st day of March, 1994; 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.
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 its
discretion either with or without case, 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.
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.
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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 of 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
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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.
20.2 Upon the exercise by the CITY of its option to
possess the 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;
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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.
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 intended
to receive same at the following addresses:
22.1 CITY: City Manager
7525 N.W. 88th Avenue
Tamarac, Florida 33321
22.2 BSO: Sheriff
Broward County Sheriff's Office
Post Office Box 9507
-20-
R e9- ISA
Ft. Lauderdale, Florida 33310
ARTICLE XXIII. 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 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.
ATTEST:
AROL A. VANS, CITY CLERK
CITY F TAMARAC
By: &MC&Aj
N RMAN ABRAMOWITZ, MAYOR
D ted /G6
(SEAL)
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By: -
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P. ELL , CI AGER
Dated
-21-
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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RICHARD L. DOODY,
CITY ATTORNEY
0 SHERIFF OF BRO ARD COU Y "BSO"
WITNESSES By:
k._ Z O r� SHERIFF
V r Dated:
VED S 0jf 6r AND
SU IE CY
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EL O HE SHERIFF
:BSO.Agreement
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-22-