HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-092 Temp. Reso. #13460
July 22, 2020
Page 1 of 5
•
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
THE AGREEMENT FOR POLICE SERVICES
BETWEEN THE CITY OF TAMARAC AND THE
SHERIFF OF BROWARD COUNTY (BSO)
EFFECTIVE OCTOBER 1, 2020 THROUGH
SEPTEMBER 30, 2025 WITH ONE FIVE (5) YEAR
RENEWAL OPTION; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE
THE AGREEMENT FOR POLICE SERVICES;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The City of Tamarac currently contracts for police services with
the Broward Sheriffs Office; and
WHEREAS, the City of Tamarac is desirous of maintaining a high level of
competent professional police service in conjunction and harmony with its fiscal
policies of sound, economical management; and
WHEREAS, the City of Tamarac, through Resolution No. R-2010-146 on
December 8, 2010, entered into the existing agreement for police services
between the City of Tamarac and BSO for a five (5) year term commencing
October 1, 2010 (the Agreement); and
WHEREAS, the City of Tamarac, through Resolution No. R-2012-124 on
November 14, 2012 entered into the First Amendment to the Agreement in order
•
Temp. Reso. #13460
July 22, 2020
Page 2 of 5
to provide an elevated level of police services by revising the staffing complement •
to add five additional Deputy Sheriffs and one administrative staff; and
WHEREAS, the City of Tamarac, through Resolution No. R-2013-101 on
September 25, 2013 entered into the Second Amendment to the Agreement in
order to provide staffing for City's Red-Light Camera Program by revising the
staffing complement to add one additional motorcycle deputy and one Community
Service Aide; and
WHEREAS, the City of Tamarac, through Resolution No. R-2014-101 on
May 14, 2014 entered into the Third Amendment to the Agreement revising the
staffing complement to add one Community Service Aide; and
WHEREAS, the City of Tamarac, through Resolution No. R-2015-46 on May
27, 2015 entered into the Fourth Amendment to the Agreement exercising the •
option to renew the Agreement for one five (5) year term, in accordance with the
Special Terms and Conditions set forth in the Exhibit A to the Agreement; and
WHEREAS, the City of Tamarac, through Resolution No. 2018-108 on
September 12, 2018 entered into the Fifth Amendment to the Agreement revising
the staffing complement to add one School Resource Officer (SRO) to ensure that
each school in Tamarac has an SRO; and
WHEREAS, the City of Tamarac, through Resolution No. 2018-122 on
September 26, 2018 entered into an Addendum to the Agreement providing for the
purchase of P25 Radio System for Tamarac BSO district; and
WHEREAS, the City of Tamarac, through Resolution No. 2020-20 on
February 26, 2020 entered into the Sixth Amendment to the Agreement revising •
Temp. Reso. #13460
July 22, 2020
Page 3 of 5
IDthe staffing complement to increase the Sergeant complement by one and
decrease the Deputy Sheriff complement by one; and
WHEREAS, the City of Tamarac and the BSO commenced negotiations of
the terms and conditions as outlined in the Agreement for Police Services between
the City of Tamarac and the Sheriff of Broward County (BSO) attached hereto as
Exhibit 1; and
WHEREAS, the Assistant City Manager and the Interim Director of Financial
Services recommends approval and execution of Agreement for Police Services
between the City of Tamarac and the Sheriff of Broward County (BSO) effective
October 1, 2020 through September 30, 2025 with one five (5) year renewal option;
and
• WHEREAS, the City Commission of the City of Tamarac, deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve
and authorize the appropriate City officials to execute the Agreement for Police
Services between the City of Tamarac and the Sheriff of Broward County (BSO)
effective October 1, 2020 through September 30, 2025 with one five (5) year
renewal option.
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. All exhibits attached hereto are incorporated herein and made a
• specific part of this Resolution.
Temp. Reso. #13460
July 22, 2020
Page 4of5
SECTION 1: The Agreement for Police Services between the City of •
Tamarac and the Sheriff of Broward county (BSO) (attached hereto as Exhibit 1)
effective October 1, 2020 through September 30, 2025 with one five (5) year
renewal option is hereby approved.
SECTION 2: The appropriate City Officials are hereby authorized to
execute the Agreement for Police Services between the City of Tamarac and the
Sheriff of Broward county (BSO) (attached hereto as Exhibit 1) effective October
1, 2020 through September 30, 2025 with one five (5) year renewal option.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon
adoption.
•
Temp. Reso. #13460
July 22, 2020
Page 5 of 5
IIII PASSED, ADOPTED AND APPROVED this day of \ , i—€ ,
2020.
eiC
MI HELLE J. GO EZ
MAYOR
ATTEST:
r
J NIFER/JOHN N S , CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V./M. BOLTON
___w%44
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN _
•
DIST 4: COMM. PLACKO L,E'„
— �
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
0/1101)6,k #2-424f
SAM EL /'S. GOREN ,
CITY ATTORNEY
•
TR# 13460 Exhibit 1
AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT FOR POLICE SERVICES, dated the 523 day of L
2020, is made by and between the City of Tamarac, Florida, (hereinafter referred to as
the "CITY") and the Gregory Tony, as Sheriff of Broward County (hereinafter referred to
as "BSO").
WITNESSETH:
WHEREAS, the CITY has previously contracted with BSO to provide a high level
of professional police protection for the benefit of the citizenry thereof, and
WHEREAS, the CITY is desirous of maintaining a 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 services, and the CITY is desirous of contracting for such services upon the
terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
and for other good and valuable consideration, the receipt and legal sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. This Agreement is comprised of this document, the Special Terms and
Conditions set forth in Exhibit A, which is attached and incorporated herein, and
the General Terms and Conditions that are set forth in Exhibit B, which is also
attached and incorporated herein.
3. In the event there is a conflict between the General Terms and Conditions and
the Special Terms and conditions, the Special Terms and Conditions shall be
controlling.
TR# 13460 Exhibit 1
AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF TAMARAC AND
GREGORY TONY, AS SHERIFF OF BROWARD COUNTY, FLORIDA
IN WITNESS HEREOF, each of the parties hereto have authorized its duly authorized
representative to execute this Agreement on the day and date first set forth above.
BSO:
SHERIFF OF BROWARD COUNTY
By:
GREGO TON heriff
Approved as to form and legal sufficiency subject to the execution by the parties:
By: ..-?
TERRENCE O. LYNCH, General Counse
TR# 13460 Exhibit 1
AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF TAMARAC AND
GREGORY TONY, AS SHERIFF OF BROWARD COUNTY, FLORIDA
CITY:
CITY OF TAMARAC
ATTEST: //
By: l�i����(
MIC LLE J. GOMEZ
J NI E JOHN N Mayor
ity rk
Dated: 7- - 6<:
.��,-1 O AMA,//,tAFID
:'ESTAMt 1St ' o Y.
p7 • 1963 , EE MICHAEL C. CE CH
p . SEAL r O` City Manager
•
riiii11 Dated: q l •
---Ftb
Approved as to form and
Legal sufficiency subject to execution
by the parties:
SAM OREN
City Attorney
r
CITY: City of Tamarac
EFFECTIVE DATE: October 1, 2020
FIRST YEAR: October 1,2020—September 30, 2021
TERM: October 1,2020—September 30, 2025
RENEWAL OPTION: Renewable for one five year term subject to agreement
of the parties.
CITY BOUNDARIES: As incorporated
STAFFING STRUCTURE:
1 District Chief
2 Executive Officer/Lieutenant
9 Sergeants
71 Deputy Sheriffs (including 3 SROs)
15 Community Service Aides
1 Clerical Assistants
1 Administrative Support Specialist
1 Crime Analyst
101
MINIMUM STAFFING: 20 sworn personnel in a twenty-four hour period
CONSIDERATION:
First Year Annualized $16,970,059.00
POLICE HEADQUARTERS 7515 NW 88th Avenue
ADDRESS: Tamarac, FL 33321
FACILITIES ADDRESS 7515 NW 88TH AVEVUE
TAMARAC, FL 33321
CODE ENFORCEMENT NO
FUEL SITE YES
NOTICE CITY ADDRESS Michael C. Cernech, City Manager
7525 NW 88th Avenue
Tamarac, FL 33321
With a Copy to the City Attorney at the same address
OTHER-EMERGENCY BSO and the City shall each procure and secure its
MANAGEMENT: own supplies, equipment and provisions for their
respective employees to ensure proper emergency
preparedness and response before, during and after the
emergency event. BSO and the City may agree that
alternative arrangements to secure,procure and provide
emergency management supplies, equipment and
provisionsutilizing City's the Ci 's contracts, staff and
purchasing procedures may be made, in which case,
BSO shall credit the City for expenditures made to
provide BSO with emergency management supplies,
equipment and provisions.
EXHIBIT B
POLICE SERVICES GENERAL CONDITIONS
DEFINITIONS
The following terms when used in this Agreement, including its preamble and recitals, shall,
except where the context otherwise requires,have the following meanings (such meanings to be
equally applicable to the singular and plural forms thereof):
a. Agreement. "Agreement" shall mean this Agreement for Police Services between the CITY
and BSO, including all exhibits.
b. Applicable Laws. "Applicable Laws" shall mean all provisions of constitutions, statutes,
laws,rules,ordinances,regulations,charters and orders of governmental bodies or regulatory
agencies applicable to the subject matter.
c. BSO. "BSO" shall mean the Sheriff of Broward County, Florida.
d. CITY. "CITY" shall mean the City that has contracted with BSO for Police Services
pursuant to this Agreement and is identified in the Special Terms and Conditions.
e. CITY Boundaries. "CITY Boundaries" shall mean the area within the municipal boundaries
of the CITY, as shown in the Special Terms and Conditions of this Agreement.
f. City Manager. "City Manager" shall mean the duly appointed and validly existing City
Manager of the CITY. In the absence of the City Manager, the Assistant City Manager or
person acting in the capacity of City Manager shall have the same authority as that of the
City Manager.
g. Consideration. "Consideration"shall mean the monthly payment and other amounts payable
by the CITY hereunder in consideration of the Services performed by BSO, as set forth
herein.
h. District. "District" shall mean (a) the CITY Boundaries, or (b) the Annexed CITY
Boundaries on the date the CITY's annexation plan becomes effective after the Florida
Legislature approves such annexation plan, provided BSO has received the required
notification thereof as set forth herein (c) any additional geographic area to be serviced by
the District employees based upon a mutual written agreement of the CITY and BSO.
i. District Chief. "District Chief" shall mean the individual responsible for supervising all law
enforcement employees and law enforcement activities within the CITY. The District Chief
shall be the rank of Captain. The District Chief shall serve as the liaison between CITY and
BSO.
1
j. District Employees."District Employees" shall mean BSO employees permanently assigned
to the District who possess the necessary qualifications and experience to provide police and
support services.
k. Effective Date. "Effective Date" shall mean the date in which the Agreement is to
commence. The Effective Date is set forth in the Special Terms and Conditions of this
Agreement.
1. Facilities. "Facilities" shall mean that portion of the Police Services Center which is used
by BSO and any additional facilities that are owned by the City and used by BSO on a
permanent basis to provide police services. The Facilities are listed in the Special Terms and
Conditions of this Agreement.
m. Lien. "Lien" shall mean any lien, security interest, pledge, mortgage, easement, leasehold,
assessment, covenant, restriction, reservation, conditional sale, prior assignment, or any
other encumbrance, claim,burden or charge of any nature whatsoever.
n. Patrol Zone shall mean the geographic areas within the District, as mutually agreed upon by
the District Chief and the City Manager, in which Patrol Deputy Sheriffs are assigned.
o. Police Services Center. "Police Services Center" shall mean the premises owned by the
CITY in which the BSO command staff assigned to the CITY maintains their offices. The
address of the Police Services Center is set forth in the Special Terms and Conditions of this
Agreement.
p. Police Services. "Police Services" shall mean the aggregate of all police related services
provided by BSO pursuant to this Agreement.
q. Renewal Option. "Renewal Option" shall mean the time period that the agreement may be
extended;the number of extensions and the means to exercise such option,as set forth in the
Special Terms and Conditions of this Agreement.
r. Term. "Term" shall mean the length of this Agreement and any extensions thereto.
s. Uniformed Deputy. "Uniformed Deputy" shall mean a uniformed Deputy Sheriff employed
by BSO who patrols the District.
2. STAFFING
a. Structure. The staffingstructure for the District shall be as set forth in the Special Terms
p
and Conditions of this Agreement and may be modified as set forth herein. The Staffing
Structure shall not be modified except through a written amendment to this Agreement
executed by both the CITY and BSO with the same formalities as set forth herein.
BSO and the CITY shall work cooperatively to establish the proper balance of experience
levels for those BSO employees assigned to the CITY.
2
b. Deletions and Additions. The CITY shall have the right to unilaterally delete services
upon no less than sixty (60) calendar days prior written notice, and such deletions shall be
memorialized in an amendment to this Agreement, and the compensation shall be adjusted
accordingly based on actual cost of the service. If, in BSO's opinion, the requested deleted
services (i.e. staffing levels)would negatively impact the safety of B SO's employees or the
community,the parties shall collaborate to resolve the issue to their mutual satisfaction. The
City may add services, as mutually agreed upon by both parties, and such additions shall be
memorialized in an amendment to this Agreement, and the compensation shall be adjusted
accordingly.
c. Shift Length. In the event there is a modification in the length of the hours of shifts,the
modification will not occur until the next scheduled shift pick at least sixty (60) calendar
days from the date that the Sheriff and City Manager agree upon the modification.
d. Deployment. BSO shall have the discretion to deploy District Employees as necessary
to meet the goals and objectives of the CITY. The cost of such deployment is included in
the yearly consideration.
The District Chiefs discretion regarding the deployment of the personnel shall be exercised
with the intent of providing the most effective police services to the CITY pursuant to the
terms and conditions of this Agreement. The District Chief shall keep the City Manager
informed of the deployment of such personnel through weekly staff meetings and as
requested by the City Manager. During such meetings,the City Manager and District Chief
shall discuss the results of previous deployments, alternative deployment strategies and the
benefits and risks associated with each strategy.
BSO's Personnel assigned to the CITY shall only be utilized for appropriate police services
within the CITY, except as otherwise authorized in applicable automatic and mutual aid
agreements. BSO shall not use District Employees to service any other contracts, clients or
obligations of BSO, except as otherwise provided in this Agreement.
e. Minimum Staffing. BSO shall provide to the CITY a minimum number of deputy
sheriffs to patrol the CITY per day/shift. The minimum number of deputies shall be set forth
in the Special Terms and Conditions of this Agreement.
f. Employment Standards. BSO shall be responsible for setting employment standards
(i.e. hiring, discipline, training) for District Employees consistent with BSO agency
standards. BSO is committed to providing the CITY with highly skilled law enforcement
personnel to provide police services to the CITY.
g. Employment Responsibilities. All District Employees shall be and remain BSO
employees,and such employees shall not be considered employees of the CITY for purposes
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 direct
payment of any salaries, wages, or other compensation, contributions to pension funds,
3
insurance premiums, workers' compensation (Chapter 440, Florida Statutes), vacation or
compensatory time, sick leave benefits or any other amenities of employment to any District
Employee whatsoever, arising out of BSO's employment of such Persons and such Persons'
performance of the Services. The CITY and BSO understand and acknowledge that all
costs, including the employment related costs, are included in the consideration payable by
the CITY to BSO in accordance with this Agreement.
h. Staffing Review and Modifications. As part of the CITY's annual budgetary process,
BSO shall evaluate the Staffing requirements for the CITY to determine if the current staffing
level and composition adequately meets the City's goals and objectives. If BSO believes the
staffing requirements need to be adjusted, BSO shall provide staffing recommendations to
the City Manager for review. If both parties agree to the recommended staffing changes,this
Agreement shall be modified through an amendment executed by both the CITY and BSO
with the same formalities as contained herein, which shall reflect the agreed upon staffing
change(s)and a compensation adjustment based on actual cost of the staffing change(s).
In addition to the annual review, the District Chief shall have the right to request a staffing
adjustment at any time during the year. Upon making such request to the City Manager,the
District Chief and City Manager shall meet and discuss the need for such adjustment. If the
City Manager and District Chief agree upon the need for the staffing adjustment, a formal
amendment shall be prepared and presented to the Sheriff and City Commission for approval
and signature.
In the event the CITY and BSO do not agree upon the Staffing Structure adjustments after
good faith negotiations and such unresolved adjustments impact the safety of BSO
employees or the public, either the CITY or BSO may exercise its rights as set forth herein
or by law.
i. Transfers—BSO's Rights. BSO shall have the right to transfer any Employee out of
the District. The City Manager shall be kept informed of all transfers within five (5)
calendar days.
Notwithstanding the above provisions,the transfer of the District Chief shall be governed by
specific provisions related to the District Chief as set forth herein.
j. Transfers—City Right. Except for the District Chief, which is covered in Section 9 of
these General Terms and Conditions, the City Manager shall have the right to request the
transfer of BSO personnel out of the CITY, which shall not be arbitrary or capricious. The
request must be sent to the District Chief in writing setting forth the name of the employee,
employee's rank and the reason for the request (the "Transfer Request"). The Transfer
Request must be approved in writing by BSO, however such approval shall not be
unreasonably withheld. BSO shall notify the CITY in writing as to whether BSO approves
of the Transfer Request within 5 business days of receipt of the Transfer Request. If BSO
fails to notify the CITY within 5 business days of the Transfer Request,the Transfer Request
shall be deemed approved. If BSO approves the Transfer Request, the employee shall be
transferred out of the District as soon as reasonably possible but in no event more than 30
days after BSO approves the Transfer Request. An employee transferred out of the District
at the request of the CITY shall not be reassigned to the CITY without CITY approval.
4
k. Transfers—Layoffs. Notwithstanding anything herein to the contrary,transfers in and
out of the District may result from employees exercising seniority rights pursuant to the
collective bargaining agreement in the event of layoffs at the Broward Sheriffs Office.
1. Replacements. Any Personnel transferred or reassigned out of the CITY shall be
replaced as soon as practicable.
m. Staffing Continuity. The CITY and BSO recognize the importance of combining the
efforts and resources of BSO and the CITY in order to have a positive impact on reducing
neighborhood crime, helping to reduce any community fears regarding crime and thus
enhancing the quality of life throughout the CITY. It is further recognized that such a
collaborative effort requires law enforcement personnel that have intimate knowledge of the
community. In furtherance of such objective, BSO shall make every reasonable effort to
maintain the continuity of BSO law enforcement personnel assigned to the District, subject
to the transfer provisions set forth herein and to develop and implement community policing
initiatives.
n. Education. The parties acknowledge the importance of the District Employees'
knowledge of the general make-up of the CITY and its geographic areas, its industrial,
business, and residential composition, its City Code of Ordinances, and its crime problems.
BSO shall offer appropriate continuing education to assure that all District Employees are
acquainted with the District's general make-up,geographic areas,industrial,business,City's
Code of Ordinances and residential composition and its crime trends. Upon enactment, the
CITY shall forward to the District Chief a copy of new ordinances for training and
enforcement purposes.
3. ASSIGNMENT OF POLICE POWERS
The CITY does hereby vest in each sworn Deputy Sheriff of BSO the police powers of the CITY
which are necessary to implement and carry forth such law enforcement services, for the sole
and limited purpose of giving official and lawful status and validity to the performance thereof
by such sworn deputies. Each sworn Deputy Sheriff of BSO so empowered hereby and engaged
in the performance of the law enforcement services shall be deemed to be a sworn officer of the
CITY while performing such law enforcement services. Accordingly, such sworn Deputy
Sheriffs of BSO are hereby vested with the power to enforce the ordinances of the CITY, to
make arrests incident thereof and to do such other things and to perform such other acts as are
necessary with respect thereto.
4. QUARTERLY GOALS AND OBJECTIVES
On a quarterly basis (on or about October 1st and January 1 st, April 1st and July 1st) or as
requested by the City Manager, the District Chief shall meet with the City Manager to discuss
law enforcement activities within the City occurring during the previous three (3)month period.
At such meeting, the District Chief shall present the City Manager with information regarding
the following:
5
a. Calls for service by time of day, geographic location, date and type of call;
b. Reported incidents, criminal and non-criminal;
c. Number and types of arrests;
d. Traffic crashes;
e. Traffic citations;
f. Staffing and Transfers;
g. Vacancy Credits;
h. Grant Review;
i. Community Policing Initiatives;
j. Response time reports, citizen complaints and their status/disposition;
k. BSO's Year-To-Date Budget Versus Actual Cost-Line Item Report,which shall include,
but not necessarily be limited to,the budgeted amount, expenditures, encumbrances and
remaining balance for each line item within the budget. The City Manager may
reasonably request documentation necessary to substantiate any of the costs included on
such Report; and
1. Any additional information requested by the City Manager.
Based upon the information presented by the District Chief to the City Manager, the District
Chief, in concert with BSO command, and the City Manager shall review the law enforcement
goals and objectives of the CITY,the staffing requirements to meet the goals and objectives and
the general strategies to achieve such goals and objectives. Thereafter, BSO shall develop and
implement operational initiatives to further such goals and objectives.
5. REPORTS
BSO shall provide monthly reports to the City Manager that include the following information:
• Monthly Crime Report(FDLE/UCR categories) and year-to-date comparison;
• Monthly calls for service based on Deputies responding (percentage);
• Monthly encumbered times for zone Deputies by day of week; and
• Monthly crime prevention activities (past month and planned current month).
At any time during the term of this Agreement, the City Manager shall have the right to make
reasonable modifications to the reporting format(s),reporting content, and reporting period(s).
BSO shall provide to CITY in June of each fiscal year, a report on BSO's performance in light
of the established goals and objectives. The format and content of the Annual Report made to
the CITY by the District Chief shall be mutually agreed upon by BSO and the City Manager.
BSO shall provide the City with detailed reports indicating budget amounts, year to date
expenditures,variances, etc.,upon request to the District Chief.BSO shall develop and maintain
a strategic plan for law enforcement services provided to the CITY. The District Captain shall
meet and confer with the City Manager regarding the goals and objectives of the strategic plan.
6
6. CONSIDERATION
a. For the period from the Effective Date through September 30, 2021, the annualized
consideration amount and the monthly payment amount for police services shall be as set
forth in the Special Terms and Conditions,payable on the 1st of each month. Should County
requirements for payments remitted by SHERIFF change to the 15th of the month then such
change shall apply to the CITY as well.
b. The budget will have a summary of major classifications (Personnel Services, Operating
Expenses, Capital Outlay, etc.), an estimated average cost per staffing category and any
overhead costs that are being considered. The CITY and BSO will negotiate in good faith
any adjustments to the Consideration. The parties recognize and acknowledge that time is
of the essence in resolving this issue.
c. The consideration payable by the CITY for subsequent fiscal years shall be determined by
adding the following:
1. BSO's budgeted costs for items other than health insurance premiums, workers
compensation premiums,other post-employment benefits and pension contributions,
not to exceed an annual increase of 5%over the budgeted costs in the preceding year.
2. BSO's budgeted costs for workers compensation premiums, other post-employment
benefits and pension contributions attributable to District Employees,which shall be
based upon projected costs. The projected cost of these items shall be supported with
documentation.
3. BSO's budgeted costs for health insurance premiums for District Employees, which
costs shall be the same for all BSO employees in the same benefit plan whether
assigned to the District or not,not to exceed an annual increase of more than 9%over
the budgeted costs in the preceding year. The projected costs of these items shall be
supported with documentation. Changes in class of insurance plan (i.e. single plan
to family plan) for individual employees will not be included in the cap.
d. BSO shall submit a proposed budget to the CITY on May 15th. The budget shall have a
summary of major classifications (Personnel Services, Operating Expenses, Capital Outlay,
etc.). At the request of the City Manager, BSO shall provide supporting documentation for
the budgeted line items to include the cost to outfit and equip District Employees (i.e.
uniforms, computer,patrol vehicle, Taser, etc.).
e. For purposes of calculating the budget for Personnel Services, the District Employees
assigned to the District in February of each year shall be the employees used to calculate the
budget for the upcoming fiscal year, which is due to the CITY on May 15th as set forth
above. The annual wages, taxes, pension and health insurance costs associated with each
employee shall be determined based upon factors such as contractual wage increases, FICA
rates and maximums, pension rates (as dictated by the applicable plan) and proposed health
insurance rates. If there are any vacant positions on the payroll period in February, the
7
budgeted cost of the vacant positions for the upcoming fiscal year shall be calculated based
upon the prevailing budgeted cost of the BSO's Employees within the same job
classification.
f If BSO and the CITY are able to reach an agreement regarding the consideration,the CITY
shall pay BSO the consideration in twelve (12) equal monthly installments, payable on the
first of each month.
g. BSO shall reimburse or provide a credit to the CITY for any payment received from the
Broward County School Board for School Resource Deputies.
h. The CITY and BSO understand and acknowledge that staffing vacancies will occur throughout
the term of this Agreement; however it is the intent of both the CITY and BSO to work
cooperatively towards reducing vacancies and thus increasing the number of deputies working
within the District.
i. BSO shall provide the CITY with full staffing. The CITY shall be entitled to a credit for any
vacancies that occur during the fiscal year. The CITY's entitlement to the vacancy credit
shall be calculated quarterly. A vacancy occurs when a deputy or employee is absent from
work and such absence results in a salary savings to the BSO. The CITY's credit shall be
calculated using the prevailing budgeted cost of BSO Employees within the same job
classification for that fiscal year. BSO shall submit a quarterly report detailing vacancy days.
The credit shall be calculated on a quarterly basis for each fiscal year. For purpose of the last
quarter for each fiscal year, vacancies may be projected for August and September based
upon BSO's vacancies during the month of July. In the event the actual vacancy credit for
the month of August and September differs from the above projected figures,such difference
shall be adjusted in the CITY's November payment.
j. BSO shall have the right to temporarily fill any vacancy within the CITY,through temporary
staffing or overtime, provided that BSO fills the vacancy with an employee with a job
classification and rank equivalent to the absent BSO employee. BSO shall educate any
temporary staff assigned to the District with respect to the general make-up of the CITY and
its geographic areas, its industrial, business and residential composition and its crime trends.
The CITY shall be entitled to a vacancy credit for any vacancy, unless the vacant position is
temporarily filled through overtime or temporary staffing and if BSO receives a salary
s.
savin g
k. The parties recognize that the CITY has no right of setoff or to reduce the consideration
payable to BSO by amounts in dispute absent a mutual written agreement of the parties.
1. In the event that the SHERIFF subsequently enters into an agreement,amends the agreement
or renews an agreement with a municipality for police services (an "Eligible Agreement"),
the SHERIFF shall post the Eligible Agreement on the SHERIFF's web site within 10
business days of execution thereof. If the CITY reasonably determined that the Eligible
Agreement overall includes consideration terms that are more beneficial than the terms set
forth herein (except for terms relating to grant funding designated for a particular
8
municipality or Broward County,which are excluded from this Section),then the CITY shall
be entitled to (i)the incremental dollar value of the more beneficial term(s), which shall be
calculated in the same manner and methodology as used to calculate the estimated actual
costs of the CITY and all other municipalities,retroactive to the effective date of the Eligible
Agreement. Thereafter, the parties shall proceed under this Agreement in accordance with
the more beneficial terms. The Parties acknowledge that the SHERIFF may implement
different operational programs and units in different customer jurisdictions based on the
operational requirements of such jurisdictions.
m. In addition to the consideration being paid by the CITY to BSO under this Agreement, and
pursuant to the Regional Interlocal Agreement Between Broward County and the CITY
Providing for Cooperative Participation in a Regional Public Safety Intranet, the CITY
agrees to pay its pro rata share for BSO's mobile and portable radios and auxiliary equipment
to the extent allocated for the District, and all needed repairs and replacements thereto in
accordance with the Regional Interlocal Agreement.
7. VEHICLE MARKINGS
Each patrol vehicle assigned to the District shall prominently display on the vehicle's exterior,
"Tamarac" in three (3) to six (6) inch lettering, in accordance with the BSO standard vehicle
markings.
8. FACILITIES
BSO shall use the Police Services Center as its Tamarac Headquarters.
The Police Services Center and any other facilities owned by the CITY and used by BSO on a
permanent basis are hereinafter collectively referred to as the "Facilities". BSO shall occupy
the Facilities and use the furnishings and equipment contained in the Facilities in connection
with performing the Police Services within the District, at no additional cost to BSO.
The CITY shall be responsible for major repairs of the Facilities and property (i.e., to include
HVAC systems,electrical systems,roof systems and storm damage to the facility and property).
CITY shall be responsible for daily custodial services and shall maintain the Facilities in a clean
condition, free from debris, normal use excepted. BSO further agrees not to destroy, deface,
damage, impair, or remove any part of the Facilities. In the event BSO, it employees, agents, or
invitees destroy,deface,damage, impair,or remove any part of the CITY's Facilities,BSO shall
be responsible for repairing or replacing such property.
Except as provided in the preceding paragraph,maintenance and repair services for the Facilities
shall be supplied by the CITY. CITY agrees to keep the Facilities in good structural repair.CITY
shall maintain and keep in good repair the roof, lighting,walls, foundations, sidewalks, ceilings,
doors, windows, sprinkler and hot water systems, heating systems, air conditioning systems,
plumbing,wiring, electrical fixtures and all other structural components. CITY further agrees to
9
maintain in good repair the parking area and all common areas.CITY shall also make any repairs
necessitated by water seepage or by other causes not under BSO's control. CITY shall also make
all repairs or changes which may be necessary to make the premises and the use herein
contemplated comply with applicable laws, ordinances, orders or regulations of any federal,
state, county or municipal authority now or hereafter in effect unless specifically exempted
therefrom.
BSO shall pay for all utility costs including, but not limited to, office equipment and supplies,
electric, sewer and water for the Police Services Center. The cost of the utilities are included in
the annual consideration paid by CITY.
BSO's personnel shall not conduct personal business at the Facilities. BSO's personnel shall
only park personal vehicles in designated parking areas. The Facilities shall only be utilized for
appropriate police services within the City, unless otherwise mutually agreed upon by BSO and
the City Manager. BSO shall not use the Facilities to service any other contracts, clients or
obligations of BSO, except as otherwise provided in this Agreement. The CITY and BSO shall
not permit the Facilities provided by the CITY to be utilized for political or campaign purposes
by candidates running for public or private office or ballot initiatives.
With the exception of Police Explorers/Cadets, BSO shall not permit unaccompanied minors in
the Facilities.
The CITY shall provide BSO with adequate parking spaces within reasonable proximity to the
Police Services Center so as not to hinder BSO's ability to perform its obligations set forth
herein.
9. DISTRICT CHIEF
BSO shall provide, pursuant to this Agreement, a District Chief. The District Chief shall be
assigned full-time to the CITY and shall provide direct supervision of activities at the CITY's
Police Services Center and District Employees provided pursuant to this Agreement. The
District Chief shall, among other specified duties, act as liaison between BSO and the CITY.
BSO's District Chief shall also function as a member of the CITY's staff with regard to law
enforcement issues and report to the City Manager in that capacity. The District Chief shall be
responsible for all law enforcement related emergency management duties on behalf of the
CITY, and his or her responsibilities, except for his or her responsibilities to BSO, shall be
limited to the CITY,as described herein. The CITY and BSO understand and acknowledge that
the District Chief is employed by BSO and therefore has certain employment responsibilities to
BSO, however such responsibilities shall not substantially interfere with the District Chief's
responsibilities as the CITY's District Chief.
The CITY currently has a District Chief. In the event the position of District Chief becomes
vacant, the selection of a District Chief shall be in the absolute discretion of the City Manager
and shall be initiated by BSO selecting three (3)qualified candidates for the position of District
Chief. BSO agrees to make such selections in good faith and in the best interest of the CITY.
BSO shall provide the CITY with written notification of the selected candidates and their
qualifications within 15 days of the vacancy of the District Chief or within 15 days of the BSO's
10
knowledge that the District Chief position will become vacant, whichever occurs first. Within
ten (10) days after the CITY's receipt of such notice, representatives from both BSO and the
CITY shall meet to discuss the candidates' qualifications. In the event none of the candidates
are acceptable to the City Manager, BSO shall submit the names of three (3) additional
candidates for consideration. This process shall continue until such time as the City Manager
has selected an individual to serve as the District Chief. The CITY shall have the opportunity to
interview each of the candidates. The District Chief position shall be subject to the provisions
of this Agreement. During the selection process, BSO shall put in place a temporary Chief until
the permanent Chief is selected.
In the event the CITY becomes dissatisfied with the performance of the District Chief,the CITY
shall provide notification to BSO. Thereafter, representatives of BSO and the CITY shall meet
to discuss possible remedies of the problems experienced by the CITY. BSO agrees to act in
good faith in resolving any problems experienced by the CITY. The City Manager may remove
the District Chief at any time, without cause. If the City Manager, in his or her sole discretion,
with or without cause, still desires that BSO remove the District Chief, BSO shall do so
immediately.
BSO, in its sole discretion, shall have the right to remove the District Chief from the CITY at
any time for any of the following reasons:
a. The District Chief is being promoted in rank;
b. The District Chief is being demoted;
c. The District Chief is being disciplined;
d. The District Chief is retiring;
e. The District Chief submits a request to transfer out of the City;
f. The District Chief is under investigation by BSO or any other federal, state or local law
enforcement agency;
g. The District Chiefs failure to meet documented BSO performance standards and
requirements; or
h. Prior to the removal of the District Chief, the Sheriff meets with the City Manager and
notifies the City Manager that the SHERIFF has lost confidence in the District Chief.
The removal of the District Chief from the City for any reason not specified above shall require
the prior approval of the City Manager.
10. FINES,FORFEITURES,REVENUES: PAYMENT
a. All law enforcement education funds levied and collected by the Clerk of the Court and
earmarked for and forwarded to the CITY pursuant to Florida Statutes, Section 943.25, shall
be assigned over to the BSO and used by the District for the law enforcement education
purposes authorized in the statute. Apart from such funds and except for the provisions set
forth in subsection 10(k) of these General Terms and Conditions, Grant Funds and
Miscellaneous Revenues, BSO shall have no claim or right to any other monies or things of
value that the CITY receives or may hereinafter receive by way of entitlement programs,
grants or otherwise in connection with law enforcement activities.
11
b. The CITY and BSO do hereby acknowledge, one to the other,that nothing contained herein
shall in anyway be construed to impair the CITY's right to the disposition of fines and
forfeitures to which the CITY would be entitled, pursuant to Florida Statutes, Section
316.660 as 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
proceeding to which the CITY would otherwise be entitled, except as limited herein.
c. The CITY and BSO agree that BSO shall be responsible for determining whether asset
forfeiture proceedings for property seized through the active participation of District
personnel shall be initiated, except as otherwise indicated herein. Any state law forfeiture
actions filed under Chapter 932, Florida Statutes, for property seized within the CITY
through active participation of District personnel shall be initiated and managed by BSO,
which shall have sole discretion to determine legal strategy and litigation resolution based
upon the best interests of the CITY and BSO. Asset forfeitures seized utilizing Federal law
will be managed pursuant to Federal Regulations. Awarded Federal forfeiture funds
allocated for the City's share shall be deposited into the BSO's Federal Law Enforcement
Trust Fund(hereinafter referred to as the"Funds"). Such funds will be earmarked for B SO's
use within the City as provided under federal law.
d. BSO agrees that any currency seized through active participation of the District's
personnel, pursuant to Chapter 932 of the Florida Statutes, and subsequently forfeited
solely to BSO, shall be deposited into the City's Law Enforcement Trust Fund established
by the CITY, less any costs as described in paragraph 10 (h) herein. If multiple law
enforcement agencies participated in the seizure and the City is not a part of a task force
agreement covering the distribution of awarded fund, the amount of funds distributed to
CITY shall be based upon the ratio that the District's personnel's participation bears to the participation of
all law enforcement agencies and units that participated hi the seizure of the currency/property;otherwise
the amount of funds distributed to the City will be based upon the task force agreement. The Funds shall
be and shall always remain in the ownership of the CITY,and BSO shall not have any right
to ownership and control of such Funds,except as to custody of federal asset sharing funds
held for City's access and use when mandated by federal law. During the term of this
Agreement, such Funds may be earmarked for the BSO's use within the confines of the
City,upon approval of the CITY as follows:
1. Upon concurrence of the District Chief, with approval of the BSO chain of
command,and the City Manager,BSO may apply to the CITY for the use of state
Funds, for use within the boundaries of the CITY, if such application is in
compliance with Florida Statutes.
2. Upon concurrence of the District Chief, with approval of the BSO chain of
command, and the City Manager, BSO may apply to the County for the use of
Federal Funds, for use within the boundaries of the CITY, if such application is in
compliance with Federal regulations.
3. The District Chief shall first submit the request to the BSO's legal counsel for a
determination as to whether the request complies with applicable law. If the
12
BSO's legal counsel finds that the request complies with applicable law, the
District Chief shall then submit the request, accompanied by a written
certification that the request complies with the provisions of§932.7055(4)Florida
Statutes,or Federal Regulations to the City Manager and/or County Commission
as applicable.
4. If the request and accompanied written certification are acceptable to the City
Manager,the City Manager may place the request and written certification on the
agenda for the City Commission's consideration.
5. Upon appropriation, such funds shall be made available to BSO for its designated
use within the confines of the City. The City shall transfer ownership of any
personal property purchased with the Funds to BSO for exclusive use within the
District.
e The parties agree that the decision to dispose of or use personal property, other than
currency,seized through active participation of the District personnel and subsequently forfeited
solely to the CITY under Chapter 932, Florida Statutes, shall be in the sole discretion of the
CITY.
1. If the CITY decides to use personal property, other than currency,forfeited to the
CITY under Chapter 932,Florida Statutes,the City shall reimburse BSO for any
costs, as described in paragraph 10(h), below, incurred in the seizure and
forfeiture of such property.
2. BSO shall annually invoice the CITY for all actual costs incurred by BSO in the
forfeiture action including, but not limited to, filing fees and advertising costs,
and the CITY shall have forty-five (45) calendar days to pay such invoice. BSO
shall submit the annual invoice to the CITY on or before September 30th of each
fiscal year;
3. Upon concurrence of the District Chief, with approval of the BSO chain of
command, and the City Manager, BSO may apply to the CITY to use such
personal property either within or outside the CITY,and if approved by the CITY,
BSO may use such personal property in accordance with such approval,however
BSO shall then be responsible for all costs incurred in the forfeiture of that
personal property.
4. In the event BSO disposes of the property prior to termination of this Agreement,
BSO shall allocate the net proceeds from the disposition to the CITY's Law
Enforcement Trust Fund.
5. In the event that this Agreement is terminated and such property is still in use by
BSO within or outside the CITY, such property shall be turned over to the CITY.
6. If the CITY decides to dispose of personal property,other than currency,forfeited
to the CITY under Chapter 932, Florida Statutes, or federal law, proceeds of the
sale of such property, less costs as described in paragraph 10(h) herein, shall be
deposited in the CITY's Law Enforcement Trust Fund,or held by BSO for City's
account and use as required by federal law. Proceeds from the sale of property
deposited in the CITY's Law Enforcement Trust Fund,or held by BSO for City's
13
account and use as required by federal law, may be designated for BSO's use
within the confines of the City, in the same manner as provided in subsection
10(d)above.
7. If the personal property is approved by the CITY for use by BSO outside of the
City boundaries, BSO will promptly notify the City Manager of such use.
f.BSO agrees to notify the CITY of its intent to initiate forfeiture proceedings involving real
property seized solely by District staff, prior to the filing of a Complaint for Forfeiture. The
CITY shall notify BSO within five (5) business days of any objections it has related to the
impending forfeiture proceeding. In the event, the parties are unable to reach a mutually
agreed upon decision,the final decision to proceed shall be made by the CITY. The parties
agree that the decision to use or dispose of real property seized within the CITY, through
active participation of the District's personnel, and subsequently forfeited solely to the
District pursuant to Chapter 932,Florida Statutes, shall be in the absolute and sole discretion
of the CITY.
1. If the CITY decides to dispose of such real property, proceeds from the sale of
the real property shall be deposited into the CITY's Law Enforcement Trust Fund,
less any loans, mortgages, liens, costs (as described in subsection 10(h) herein,
below)or any other encumbrance on the property incurred by BSO in the seizure,
forfeiture, or sale of such property. Proceeds from the sale of real property
deposited in the CITY's Law Enforcement Trust Fund may be designated for
BSO's use within the confines of the City, in the same manner as provided in
subsection 10(d), above.
2. If the CITY decides to use such real property, the City shall reimburse BSO for
any loans,mortgages, liens,costs(as described in paragraph 10(h),below)or any
other encumbrance on the property incurred by BSO in the seizure and forfeiture
of such property. However,prior to filing a forfeiture complaint for real property
seized within the CITY, BSO's legal staff shall first consult with CITY's legal
advisor for authorization to proceed with the forfeiture due to the potential for
excessive costs to the CITY from mortgages, liens or other encumbrances on the
real property. CITY shall provide BSO with a filing decision on the prospective
forfeiture within three (3) working days after obtaining all relevant information
from BSO required to adequately evaluate the equity of the seized real property,
including, but not limited to,the value of the property and any liens thereon.
i. BSO shall invoice the CITY for all actual costs incurred by BSO in the
forfeiture action, and the CITY shall have thirty (30) days to pay such
invoice;
ii. BSO may apply to the CITY to use such real property, and if approved,
BSO may use such real property in accordance with such approval.
iii. In the event that this Agreement is terminated and such property is still in
use by BSO, such property shall be turned over to the CITY.
14
g. In the event that real or personal property is seized through active participation of District
personnel and the active participation of personnel from other law enforcement agencies, and
such property is forfeited to multiple law enforcement agencies pursuant to Chapter 932,Florida
Statutes, or federal law, the decision to use or dispose of such property shall be made by
agreement of the participating agencies. If such property is sold, the CITY's share of the
proceeds of such sale, less costs (governed by applicable task force MOU, or if none, as defined
in Section 10(h)) incurred in the seizure, forfeiture, and sale of such property, shall be based
upon the ratio that the District's personnel's participation bears to the participation of all law
enforcement agencies and units that participated in the seizure of the property. The City's share
of proceeds from the sale of such property shall be deposited into the CITY's Law Enforcement
Trust Fund,and may be earmarked for BSO's use, in the same manner as provided in subsection
10(d), above.
h. Any costs incurred in the seizure, forfeiture, or sale of personal or real property seized
within the CITY, through active participation of the District personnel and subsequently
forfeited shall be paid by the CITY or reimbursed to BSO, in the following priority:
1. Payment of the balance due on any lien on personal or real property preserved by
the court in the forfeiture proceedings.
2. Payment of the cost incurred in connection with the storage, maintenance,
security,forfeiture proceeding(i.e. court costs,publication costs)and sale of such
property.
i. BSO shall, on a quarterly basis, supply the CITY with a written report of the above-
described fines and forfeitures. The 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,the 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 thirty (30) days of the ultimate adjudication with regard
to the seizure of the property.
j. CITY shall be responsible to meet all reporting requirements for all State forfeiture
proceeds under federal and state law,and BSO shall provide all necessary information pertaining
to same to CITY in a timely manner for such purpose. BSO shall also provide technical
assistance to CITY staff if requested with regard to the reporting procedure.
k. Grant funds and miscellaneous revenues. BSO shall cooperate with the CITY and, to the
extent allowable by law, act as the law enforcement agent on behalf of the CITY in the
continued application, maintenance, and accounting of grants and entitlements as well as
aggressively pursuing additional grant program funds as they become available. The CITY
shall make these funds available to the BSO to carryout the intent of the grant program as
approved by the granting agency and the CITY. Except as otherwise set forth herein, it is
understood by both parties that all revenues currently received by the CITY as a result of law
15
enforcement activities shall continue to be received by the CITY as previously mentioned
herein or as may be added in the future. This shall include,but not be limited to,towing fees
per the CITY's current agreement.
11. FUEL FACILITY
11.1 BSO shall maintain Tank Pollution liability insurance coverage of $1,000,000
occurrence/$2,000,000 aggregate. Such insurance coverage shall be maintained throughout the term
hereinabove and set forth. BSO reserves the right to provide Tank Pollution liability coverage through
a self-insurance program. BSO shall name the CITY as an additional insured, but only as to liability
arising out of BSO's negligent performance of the services provided by B SO to the City pursuant to this
Agreement.
11.2 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 City Clerk, may keep such copies
on file for the benefit of the public and inspection of the citizenry of the CITY.
11.3 HOLD HARMLESS:To the extent permitted by law,BSO shall hold the CITY,its officials,agents,
servants, and employees harmless from any and all manner of action or actions, cause or causes of
actions, suits, trespasses, damages, judgements, executions, claims and demands of any kind
whatsoever, in law or in equity,which may result from or arise out of the misconduct or negligent acts
or omissions of the BSO while acting within the scope of its employment, and BSO shall indemnify the
CITY for any and all damages,judgements, claims,costs, expenses, including reasonable attorney fees,
which the CITY might suffer in connection with or as a result of the misconduct or negligent acts or
omissions of the BSO, its deputies/officers, employees, or agents while acting within the scope of their
employment. Notwithstanding anything to the contrary contained herein, the terms and conditions of
this section shall survive the expiration or termination of this Agreement.
Notwithstanding anything to the contrary contained herein, in no event shall BSO hold harmless or
indemnify CITY from liability, suits, cause or causes of action, trespasses, damages, judgments,
executions, claims and demands of any kind whatsoever, in law or in equity,which may result from or
arise out of the negligent acts of the CITY, its employees, agents or servants.
Notwithstanding anything to the contrary contained herein,BSO and CITY shall,at all times,be entitled
to the benefits of sovereign immunity as provided in Section 768.28,Florida Statutes,and common law.
Nothing contained in this Agreement shall be construed as a waiver of sovereign immunity.
11.4 BSO shall be the exclusive user of the fueling system. BSO will operate the Fuel Pumping Station
to provide an adequate supply of fuel for BSO vehicles.BSO shall purchase and supply fuel for this fuel
facility.
11.5 BSO shall be the responsible for the maintenance and repair of the computerized fuel dispensing
system and dispensers or gas pumps.
16
11.6 BSO agrees to call 911 as soon as possible to report any and all fuel spills and to notify City of any
and all fuel spills as soon as possible and to provide the City with any assessment reports relating thereto.
11.7 BSO agrees to indemnify, defend and hold the CITY harmless from any and all claims (excluding
worker's compensation claims of CITY employees), damages, fines, judgements, penalties, costs,
causes of actions, liabilities,or loses(including,without limitation, any and all sums paid for settlement
of claims, attorneys, consultant, and expert fees) (collectively liabilities),arising during the term of this
Agreement or thereafter, and resulting from or arising in connection with the following:
a)Above grounds leaks and spills caused by BSO, its employees, agents, or servants, and
b)All leaks,contamination and spills above and below ground,resulting from the fueling system.
Notwithstanding anything to the contrary contained herein, in no event shall BSO hold harmless or
indemnify the CITY from liability, damages, fines,judgements, penalties, costs, causes of action, or
losses ((including, without limitation, any and all sums paid for settlement of 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.
11.8 BSO shall be responsible for the repair and maintenance of any and all components of the fueling
system including,but not limited to,the piping and underground storage tanks.
11.9 BSO shall have the right to discontinue use of the fueling system at any time,in which case BSO
shall be responsible for any and all costs related to the removal of the fueling system including, but not
limited to,the extraction of underground storage tanks. In the event of soil contamination is discovered
during the fueling system removal and such contamination is attributable to the fueling system, BSO
shall be responsible for all clean up costs. The CITY and BSO recognize that alternative fueling
arrangements will need to be made at the time use of the fueling system is discontinued. At BSO
discretion and cost,replacements and/or upgrades may be made to the fueling system.
12. TOWING
It is recognized that the CITY may enter into a towing agreement with a local vendor. From
time to time, BSO, through its agents or employees, investigates traffic cases and/or fatalities
which require stringent custodial procedures where criminal evidence is involved. If the CITY
enters into a towing agreement with a local vendor, BSO shall honor the CITY's agreement for
tows occurring within the municipal boundaries of the CITY;provided however,that the vendor
meets all of BSO's specifications with regards to maintaining criminal evidence in the above
described cases; BSO vehicles assigned to the CITY or in need of towing within the CITY are
towed by the vendor at no cost to BSO;vendor provides towing and storage services for property
with evidentiary/investigative holds at no cost to BSO and the owner; and the vendor lists BSO
as an additional insured on insurance policies meeting the specifications of BSO's Risk
Administrator. BSO reserves the right to use another vendor to tow if the CITY's vendor fails
to comply with the BSO specifications, refuses to tow BSO vehicles as described above at no
cost,or fails to list BSO as an additional insured. Further,BSO also reserves the right to continue
17
to use towing services other than those of the CITY's vendor with regards to all
confiscations/forfeiture cases occurring within the CITY
13. INSURANCE
BSO shall maintain in addition to those policies of insurance required and contemplated
elsewhere in this Agreement, general liability, automobile liability, public officials liability,
worker's compensation and law enforcement liability insurance policies in the amounts set forth
below:
General Liability/Public Officials/Law Enforcement Liability
$1,000,000 occurrence/$2,000,000 aggregate
Automobile Liability
$1,000,000 occurrence/$2,000,000 aggregate
Worker's Compensation: Statutory.
BSO shall maintain these insurance policies throughout the Term. BSO shall name the City as
an additional insured under the General Liability policy.BSO shall provide the CITY with copies
of the insurance policies required hereunder and all renewals thereof. The costs of all these
insurance policies shall be the sole obligation of BSO; however the CITY understands and
acknowledges that the cost of this coverage is allocated to the CITY through the consideration
set forth in the Special Terms and Conditions of this Agreement. BSO mayprovide the insurance
Pe �'
required in this Section through a self-insurance program and/or excess policies.
The CITY shall during the Term, at its sole cost and expense, maintain appropriate insurance
coverage to include General Liability and Property coverage either through a commercial
insurance carrier or a self-insurance program of sufficient coverage to protect the CITY and the
BSO in the event of claims related to the Facilities or damage/destruction of Facilities utilized
by the BSO under this Agreement. In the event that BSO shall take and bring additional
equipment or other property to the facility, BSO does so at its own cost and expense.
14. DEFAULT
a. The occurrence of any one or more of the following shall constitute a "Default" by the party
causing same (the "Defaulting Party"):
1. Payment. Failure of the Defaulting Party to pay any amount required hereunder,whether
for Consideration,taxes,utilities,insurance or any other obligations,within ten(10)days
after such is due hereunder, provided the Defaulting Party is first given written notice
with ten(10)calendar days to cure;
2. Performance of Services. Failure of BSO to perform the Police Services as required
herein at any time during the Term;
18
3. Other Performance. Failure of the Defaulting Party to perform any other covenant,
condition,agreement or provision contained herein(other than the Police Services) or to
cure any misrepresentation or breach of any representation or warranty herein within
thirty (30) days after receipt by the Defaulting Party of written notice of such failure,
misrepresentation or breach;
4. Bankruptcy of Defaulting Party. Commencement of bankruptcy,insolvency,assignment
for the benefit of creditors or receivership proceedings in respect of the Defaulting Party;
or
5. Default. Failure of the Defaulting Party to perform any covenant, condition, agreement
or provision contained in any other agreement or to cure any misrepresentation or breach
of any representation or warranty in any other agreement between the parties hereto
within any applicable grace period provided in such agreement.
b. Upon the occurrence and continuance of a Default by the Defaulting Party, the party not in
Default(the "Non-Defaulting Party")may, at its option and without any obligation to do so and
in addition to any other remedies otherwise set forth in this Agreement,elect any one or more of
the following remedies:
1. Terminate this Agreement pursuant to Section 15herein;
2. Withhold payment or performance under this Agreement until such time as such Default
is cured,provided the performance level does not compromise the safety of the public;
3. Cure such Default and recover the costs thereof from the Defaulting Party;
4. Seek injunctive relief to enjoin any act of the Defaulting Party in violation hereof;
5. Seek specific performance of any covenant or obligation of the Defaulting Party
hereunder, or
6. Pursue any other remedy now or hereafter available under the laws or judicial decisions
of the State of Florida.
15. TERMINATION
a. Either party may terminate this Agreement at its discretion either with or without cause, by
giving written notice thereof to the other party; provided the other party has no less than ninety
(90)days prior written notice of such termination. At the expiration of the ninety(90)day notice
period as described in the preceding provision,the transition period as set forth in subsection(c)
of this Section 15 shall commence.
b. In the event of a material breach, either party may provide the other party with written notice of
the material breach. The other party shall have thirty (30) days from the date of its receipt of
19
such notification to cure such material breach, except for a material breach of any payment
obligation under this Agreement in which case the other party shall have 10 days from the date
of receipt of the notice to cure the payment obligation breach. If the material breach is not cured
within such time periods, the non-breaching party may terminate this Agreement immediately,
subject to the transition period in subsection (c) of this Section 15. Material breaches shall
include but are not limited to, failure by the CITY to pay BSO pursuant to the consideration
provisions set forth in the Special Terms and Conditions of this Agreement, violations of
Governing Standards, local or federal laws, the BSO policies and procedures, or the terms and
conditions of this Agreement.
c. In the event of termination or expiration of this Agreement, the BSO and the CITY shall
cooperate in good faith in order to effectuate a smooth and harmonious transition from the BSO
to a CITY police department or other provider of police services and to maintain during such
period of transition the same high quality of police service as contemplated by this Agreement.
In the event of such termination or expiration and in the further event that the CITY is unable to
provide for the same level of police protection at the time of such termination or expiration,upon
CITY's request the then pending term of this Agreement shall be deemed automatically extended
for a period of twelve (12) months or until CITY is capable of rendering such police service,
whichever occurs sooner. The consideration to be paid to the B SO during the transition period
shall be based upon the projected cost of providing such services during the transition period at
the level of staffing determined reasonably necessary by BSO.
d. Equipment and Vehicles. In the event of termination or upon the expiration of this Agreement,
the CITY may request to purchase from BSO any piece of equipment, (other than those referred
to below)including police vehicles owned by BSO that is directly attributable to or in use by the
District at the time of such termination or expiration in connection with the services
contemplated herein. The purchase price for such equipment shall be determined by mutual
agreement of the parties based on the fair market value of such equipment at the time of the
CITY's election to purchase.
Equipment purchased solely by CITY during the term of this Agreement and provided to BSO
for its use, as well as the Body Worn Cameras and P25 Radios assigned to the District(as
reflected by prior separate amendments to the Agreement). will be returned to the CITY upon
termination.
Any disagreement between the CITY and BSO as to the value or condition of the property to be
returned shall be settled by an outside appraisal company agreeable to both parties.
16. INDEMNIFICATION
16.1 The CITY and the BSO shall each be separately liable and responsible for the actions of
their respective officers,agents and employees in the performance of their respective obligations
under this Agreement.
16.2 To the extent permitted by law,the CITY shall indemnify, defend, and hold the BSO, its
officials, agents, servants and employees, harmless from any and all liability, actions, causes of
20
action, suits, trespasses, damages, judgments, executions, claims and demands of any kind
whatsoever, in law or in equity, which results from or arises out of the intentional or negligent
acts or omissions of the CITY, its employees,agents,or servants.For purposes of this provision,
the CITY's employees shall not be deemed agents or servants of the BSO and the BSO's
employees shall not be deemed agents or servants of the CITY. The CITY shall at all times be
entitled to the benefits of sovereign immunity as provided in Florida Statutes, Section 768.28,
and common law. Nothing contained in this Agreement shall be construed as a waiver of
sovereign immunity.
16.3 To the extent permitted by law,the BSO shall indemnify, defend, and hold the CITY, its
officials, agents, servants and employees, harmless from any and all liability, actions, causes of
action, suits, trespasses, damages, judgments, executions, claims and demands of any kind
whatsoever, in law or in equity, which results from or arises out of the intentional or negligent
acts or omissions of the BSO, its employees, agents, servants. For purposes of this provision,
the CITY's employees shall not be deemed agents or servants of the BSO and the BSO's
employees shall not be deemed agents or servants of the CITY. The BSO shall at all times be
entitled to the benefits of sovereign immunity as provided in Florida Statutes, Section 768.28,
and common law. Nothing contained in this Agreement shall be construed as a waiver of
sovereign immunity.
16.4 The parties hereby acknowledge that the consideration and services provided hereunder
by each party, one to the other, shall serve as consideration for the indemnification provided
under this Agreement. The provisions of this Article shall survive the expiration or earlier
termination of this Agreement.
17. DISPUTE RESOLUTION PROCESS
17.1 If the parties have any disagreement, dispute, breach or claim of breach, nonperformance,
or repudiation arising from, related to or in connection with this Agreement, including but not
limited to either party's failure or alleged failure to comply with any of the provisions of this
Agreement (the Dispute), the parties will follow the dispute resolution procedures set forth in
this Section 17, it being agreed that for purposes of this section, any reference to a particular
representative of a party will also be deemed to include such particular representative's duly
authorized successor or designee and such other persons as appropriate.
17.2 A party will provide a written notice to the other party of a Dispute. Within five(5)business
days of the giving of such notice of a Dispute, the District Chief or designated Captain and the
City Manager will conduct a meeting to attempt to resolve the matter.
17.3. If the District Chief or designated Captain and the City Manager are unable to reach
resolution at the meeting prescribed in subsection 17.2. above,then within five(5)business days
after such meeting,the BSO's Colonel or designee and the City Manager will meet and attempt
to resolve the matter.
21
17.4 If the BSO's Colonel or designee and the City Manager are unable to reach resolution at
the meeting prescribed in subsection 17.3. above, then within five (5) business days after such
meeting or as otherwise agreed,the Sheriff and the City Manager will meet and attempt to resolve
all pending matters of a Dispute.The parties acknowledge that any agreement reached under this
subsection may require subsequent approval by the City Commission and the Sheriff.
17.5 Each party will bear its own expenses and attorneys fees (if any) in connection with the
dispute resolution procedure provided above.
17.6. If the parties are unable to resolve the Dispute after following the procedures set forth in
this Section 17, then, subject to the limitations otherwise provided for in this Agreement, the
parties are entitled to pursue all their remedies at law and in equity, and may engage in other
dispute resolution procedure such as mediation and/or arbitration upon agreement of the parties.
18. CONTRACTOR RELATIONSHIP
CITY hereby retains BSO as an independent contractor to provide Police Services for the CITY,
subject to the terms and conditions contained herein. As an independent contractor, BSO shall
have discretion and operational oversight regarding the manner and means in which Police
Services shall be provided to the CITY, unless otherwise provided herein. Notwithstanding
BSO's independent contractor status hereunder, BSO and the District Employees shall have the
power and authority granted by the CITY pursuant to Section 3 hereof
19. NO PARTNERSHIP
The relationship between the CITY and BSO shall be solely as set forth herein. Neither party
shall be deemed the employee,agent,partner or joint venturer of the other,nor have,or represent
to have,any authority or capacity to make or alter any agreement on behalf of the other,to legally
bind the other,to credit or receive money due on behalf of the other or to do any other thing on
behalf of the other, except as specifically set forth herein. Neither the CITY nor BSO shall have
or attempt to exercise any control or direction over the methods used by the other to perform its
work, duties and obligations under this Agreement except as specifically set forth herein. The
respective employees, agents and representatives of each of the CITY and BSO shall remain
their own employees,agents or representatives, and shall not be entitled to employment benefits
of any kind from the other, except as specifically set forth herein. The CITY and BSO shall
assume full responsibility for their own compliance with any and all Applicable Laws.
20. REPRESENTATIONS AND WARRANTIES OF CITY
The CITY represents, warrants and covenants to BSO as of the date hereof and throughout the
Term the following:
a. The CITY is and shall remain duly organized, validly existing and in good standing under
the laws of the State of Florida, has and shall retain the requisite power and authority to
conduct its business, to enter into this Agreement and to perform the terms hereof and by
22
proper action on behalf of the CITY has duly authorized, executed and delivered this
Agreement and any and all instruments in connection herewith.
b. This Agreement has been duly executed and delivered by the CITY and constitutes the valid
and legally binding obligation of the CITY enforceable in accordance with its terms, except
as limited by bankruptcy,reorganization or similar laws affecting creditors'rights generally.
c. Neither the execution and delivery of this Agreement, the consummation of the transaction
contemplated hereby nor the fulfillment of or compliance with the terms and provisions
hereof(a) conflicts with, or result in a material default under or breach of or grounds for
termination of, any material agreement or any license, permit or other governmental
authorization to which CITY is a party or by which CITY is bound,(b)results in the violation
by the CITY of any provision of any Applicable Law applicable to CITY or to which CITY
may be subject, (c) violate or conflict with any charter or other document governing the
actions of CITY,or(d)require CITY to obtain or make any consent,authorization,approval,
registration or filing under Applicable Law or order of any court or governmental agency,
board, bureau, body, department, authority or any other person which has not already been
obtained. The CITY is not in default with respect to any order,judgment, ordinance, award
or decree of any governmental agency or instrumentality affecting this Agreement or the
transactions contemplated hereby.
d. No representation or warranty made by the CITY herein or in any schedule, exhibit or other
document executed or delivered in connection herewith when taken as a whole contains any
untrue statement of a material fact or omits to state any material fact necessary to make the
statements made therein, in light of the circumstances under which they were made, not
misleading in any material respect.
21. REPRESENTATIONS AND WARRANTIES OF BSO
BSO represents, warrants and covenants as of the date hereof and throughout the term of this
Agreement the following:
a. The Sheriff is the duly elected or appointed, qualified and incumbent Sheriff of Broward
County,Florida,has and shall retain the requisite power and authority pursuant to the power
so vested in him under Applicable Law to conduct its business,to enter into this Agreement
and to perform the terms hereof and by proper action has duly authorized, executed and
delivered this Agreement and any and all instruments in connection herewith;
b. This Agreement has been duly executed and delivered by BSO and constitutes the valid and
legally binding obligation of BSO enforceable in accordance with its terms,except as limited
by bankruptcy,reorganization or similar laws affecting creditors'rights generally.
c. Neither the execution and delivery of this Agreement, the consummation of the transaction
contemplated hereby nor the fulfillment of or compliance with the terms and provisions
hereof(a) conflicts with, or result in a material default under or breach of or grounds for
termination of, any material agreement or any license, permit or other governmental
23
authorization to which BSO is a party or by which BSO is bound, (b) result in the violation
by BSO of any provision of any Applicable Law applicable to BSO or to which BSO may
be subject, (c) violate or conflict with any charter or other document governing the actions
of BSO, or (d) require BSO to obtain or make any consent, authorization, approval,
registration or filing under Applicable Law or order of any court or governmental agency,
board, bureau, body, department, authority or any other person which has not already been
obtained. BSO is not in default with respect to any order,judgment, ordinance, award or
decree of any governmental agency or instrumentality affecting this Agreement or the
transactions contemplated hereby.
d. BSO has complied and shall comply with all Applicable Laws relating to the performance of
the Police Services and the employment of the District Employees.
e. No representation or warranty made by BSO herein or in any schedule, exhibit or other
document executed or delivered in connection herewith when taken as a whole contains any
untrue statement of a material fact or omits to state any material fact necessary to make the
statements made therein, in light of the circumstances under which they were made, not
misleading in any material respect.
f. The parties recognize that neither party has the right to modify the terms and conditions of
this Agreement (i.e. staffing, consideration), unless such modification is mutually agreed
upon through a formal written amendment or authorized in accordance with Section 2(b).
Additionally,neither party shall have the right of setoff or the right to reduce its contractual
obligation to the other party by amounts in dispute absent a mutual written agreement of the
parties, except as otherwise provided herein.
22. INTERPRETATION
Except where the context otherwise requires,reference to something in the singular shall include
the plural and vice versa. Unless otherwise noted,reference to a party to this Agreement includes
that party, and its permitted successors and assigns. Lastly, the captions or headings in this
Agreement are for convenience only, and are not meant to limit the scope or intent of the
particular provisions.
23. ACCOUNTING TERMS
All references in this Agreement to generally accepted accounting principles shall be to such
principles as in effect from time to time in the United States of America. All accounting terms
used herein without definition shall be used as defined under such generally accepted accounting
principles.
24
24. CROSS REFERENCES
Unless otherwise specified,references in this Agreement to any Article or Section are references
to such Article or Section of this Agreement, and, unless otherwise specified, references in any
Article, Section or definition to any clause are references to such clause of such Article, Section
or defmition. The words "hereof', "hereby", "hereto", "herein", "hereunder" and the like refer
to this Agreement in its entirety.
25. DRAFTING
This Agreement shall not be construed more strictly against one party than against the other
merely because it may have been prepared by counsel for one of the parties, it being recognized
that both parties have contributed substantially and materially to its preparation.
26. NOTICE
All notices and other communications under this Agreement shall be in writing and shall be
deemed to have been given three (3) business days after deposit in the mail, designated as
certified mail, return receipt requested, postage-prepaid, or one (1) business day after being
entrusted to a reputable commercial overnight delivery service, or when sent by email or
facsimile on a business day addressed to the party to which such notice is directed at its address
determined in accordance with this Article with customary confirmation of receipt of such email
or facsimile received. All notices and other communications under this Agreement shall be
given to the parties hereto at the following addresses:
CITY: See Special Terms and Conditions
BSO: Sheriff Gregory Tony
Broward Sheriffs Office
2601 W. Broward Boulevard
Fort Lauderdale, FL 33312
With a Copy to: Broward Sheriffs Office
Office of the General Counsel
2601 W. Broward Blvd
Fort Lauderdale, FL 33312
Any party hereto may change the address to which notices shall be directed under this Section by
giving ten(10)days written notice of such change to the other parties.
27. NON-ASSIGNABILITY
Neither party shall assign any of its obligations or benefits imposed hereby or contained herein,
except upon the other party's prior written approval.
25
28. TIME OF THE ESSENCE
Time shall be of the essence in the payment and performance of all obligations hereunder. All
references herein to this Agreement or the Term shall include the initial Term and any renewal
or extension of the Term.
29. ENTIRE AGREEMENT
This Agreement,together with any other agreements entered into contemporaneously herewith,
constitutes and represents the entire agreement between the parties hereto and supersedes any
prior understandings or agreements, written or verbal, between the parties hereto respecting the
subject matter herein. This Agreement may be amended, supplemented,modified or discharged
only upon an agreement in writing executed by all of the parties hereto. This Agreement shall
inure to the benefit of and shall be binding upon the parties hereto and their respective successors
and permitted assigns. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
30. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida, United States of America, and, unless otherwise agreed to in writing by both parties
hereto,venue and jurisdiction shall lie only in Broward County,Florida. Each of CITY and BSO
hereby submits to such jurisdiction and venue and waives any defense of inconvenient forum in
relation hereto.
31. WAIVER OF RIGHTS
CITY and BSO hereby irrevocably waive,to the fullest extent permitted by law,the posting of
any bond, surety or other security that might be required of any party in any actions,proceeding
or counterclaim, whether at law or equity, brought by either of them. Further, CITY and BSO
hereby irrevocably waive, to the fullest extent permitted by law, trial by jury on any action,
proceeding or counterclaim,whether at law or equity,brought by either of them.
32. SEPARABILITY
Each and every covenant and agreement herein shall be separate and independent from any other
and the breach of any covenant or agreement shall in no way or manner discharge or relieve the
performance of any other covenant or agreement. Each and all of the rights and remedies given
to the Non-Defaulting Party by this Agreement or by law or equity are cumulative, and the
exercise of any such right or remedy by the Non-Defaulting Party shall not impair the Non-
Defaulting Party's right to exercise any other right or remedy available to the Non-Defaulting
Party under this Agreement or by law or equity.
26
33. WAIVER
No delay in exercising or omission of the right to exercise any right or power by any party hereto
shall impair any such right or power, or shall be construed as a waiver of any breach or default
or as acquiescence thereto. One or more waivers of any covenant, term or condition of this
Agreement by either party shall not be construed by the other party as a waiver of a continuing
or subsequent breach of the same covenant,provision or condition. The consent or approval by
either party to or of any act of the other party of a nature requiring consent or approval shall not
be deemed to waive or render unnecessary consent to or approval of any subsequent similar act.
Payment or receipt of a lesser amount than that due hereunder shall not be deemed to be other
than on account of the earliest amount due hereunder. Any endorsement or statement on any
check or letter accompanying any check shall not be deemed an accord and satisfaction and the
receiving party may accept and negotiate such check or payment without prejudice to that party's
right to recover the balance of the full amount due or pursue any other remedy available
hereunder.
34. DESCRIPTION OF SERVICES
BSO shall provide comprehensive law enforcement services within the municipal boundaries of
the CITY which includes services (a) customarily rendered by municipal police departments or
BSO, and (b) required to be performed under Applicable Laws or City Ordinances, unless the
subsequent modification or adoption of an Ordinance or Law results in additional costs to BSO
in which case the CITY and BSO shall negotiate in good faith to address the increased costs.
BSO shall not utilize a third party provider for the provision of service referenced in this
Agreement unless approved by the CITY in its sole and absolute discretion.
BSO law enforcement services are comprised of direct services, indirect services, special detail
services and countywide services,which are defined as follows:
a. Direct Services—are those services that are provided by the District Employees.
b. Indirect Services — are those BSO-provided Non-District Employee services that are
centralized within BSO, but provide benefits throughout Broward County (including the
CITY).
c. Special Detail Services — are those services offered by BSO pursuant to §30.2905, Florida
Statutes, which authorizes BSO to administer a program that allows public and private
entities to contract for the services of sheriff's deputies during off-duty hours.
d. Countywide Services - those services that are funded by Broward County as a countywide
service and provided by BSO to any and all Broward County law enforcement agencies
(irrespective of whether they have an agreement with BSO)that request such service.
Each of these services is detailed further below.
27
DIRECT SERVICES:
The law enforcement services provided by the District Employees pursuant to this Agreement
are as follows:
a. Uniformed law enforcement patrol
BSO shall provide uniformed law enforcement patrol services for the CITY twenty-four
(24)hours per day, seven(7) days a week.
The Patrol Zones may be modified upon mutual written agreement of the District Chief
and the City Manager. In order to address the ever-changing law enforcement needs of
the City,the District Chief or the Chief's designee shall have the discretion to modify the
deployment of BSO staff within those patrol zones.
Deputy Sheriffs shall make every reasonable effort to respond to emergency calls as
expeditiously as possible while maintaining safe operations, subject to BSO's response
standards and protocols.
b. Other Law Enforcement Services
In addition to uniformed law enforcement patrol service described above, District
Employees shall provide the following law enforcement services for the CITY:
1. BSO shall provide public education programs;
2. BSO shall provide law enforcement action (i.e. DUI checkpoints, drug
enforcement initiatives) as determined by the District Chief based on trends and
statistics within the CITY;
3. The District Chief or designee shall attend and participate at CITY staff meetings,
CITY Commission meetings as requested by the City Manager or designee;
4. Upon the request of a homeowners' association, the District Chief or designee
shall attend the association's membership meeting;
5. BSO shall provide the CITY with School Resource Deputies consistent with
BSO's contractual arrangement with the School Board of Broward County.
School Resource Deputies shall report to the District Chief and shall be assigned
to schools subject to CITY approval. BSO shall request funding from the School
Board of Broward County for all School Resource Deputies assigned to schools
in the CITY. The funding decision will be made by SBBC and any money paid
to BSO from the School Board of Broward County for School Resource Deputies
assigned to schools within the CITY shall be transferred to the CITY or credited
to the CITY; and
6. BSO shall provide the Specific Services, if any, set forth in Exhibit A to this
Agreement.
28
INDIRECT SERVICES:
The CITY indirectly receives the benefit of the following services associated with law
enforcement by virtue of this Agreement with BSO:
a) Administration;
b) Budget;
c) Central Supply;
d) Citizen Observer Patrol;
e) Compensation and Assessment;
f) Employee Assistance Program;
g) Employee Benefits;
h) Information Technology Division;
i) Equal Employment Opportunity Division;
j) Evidence;
k) Department of Community Services (Media Relations, Public Relations and Crime
Stoppers);
1) Finance;
m) Fleet Control;
n) Grants Management;
o) Human Resources;
p) Institute for Criminal Justice Studies;
q) Office of the General Counsel;
r) Labor Relations;
s) Purchasing;
t) Records;
u) Recruitment;
v) Selection and Assessment;
w) Victim Services; and
x) Any other services that meet the definition of Indirect Service as mutually agreed upon
by BSO and the CITY.
The costs of indirect services are allocated to this Agreement.
SPECIAL DETAIL SERVICES
1. BSO shall provide security and traffic detail deputies to support special event activities occurring
within the CITY in accordance with the BSO's Special Details Policies and Procedures. BSO
shall cooperate with the CITY and follow CITY procedures in the permitting of special events.
Special details for which deputies must be dedicated or assigned to an event shall be worked out
with the sponsoring agency.
2. BSO will provide special detail services for CITY sponsored events;however the District Chief,
in his/her discretion, will determine whether the services can be provided through the on-duty
staff assigned to the District or through a special detail. If in the District Chief's discretion,BSO
is able to provide the required level of services with on-duty personnel within the District at the
time of the event,the City will incur no additional costs associated with such services; however
the CITY understands and acknowledges that the on-duty personnel may be called to an incident
29
during the CITY sponsored event. For those City-Sponsored events in which the District Chief
determines that BSO is unable to provide the required level of services with on-duty personnel
within the District at the time of the event, BSO will provide the required level of services
through a special detail and/or overtime and the CITY will be charged at B SO's special detail
rates and/or overtime at the time of the event.
Any and all special details requested by the CITY shall be paid based upon the terms and
conditions of the CITY's permit filed with BSO's Special Details Unit.
COUNTYWIDE SERVICES
Unless otherwise agreed or set forth herein and subject to County funding,the following services
shall be provided to the CITY by BSO as Countywide Services to the extent that such services
would be provided by BSO to any and all other municipalities in Broward County that request
such service irrespective of whether or not the CITY has a contract with BSO for such services:
a) Regional narcotics investigations;
b) Career criminal investigation;
c) Multi-agency gang task force operations;
d) Case filing;
e) Marine/dive team;
0 SWAT team response;
g) Major investigations to include homicide, aggravated felonies, abuse and neglect, sex
crimes, missing persons, robbery, economic crimes, traffic homicide, bomb and arson,
environmental crimes,auto theft,fugitive apprehension,crime scene technicians and major
crime scene technical expertise;
h) Drug enforcement and money laundering; and
i) Strategic intelligence functions;
j) Law enforcement technical support services;
k) Street crimes enforcement;
1) Full-service crime lab;
m) Helicopter patrol and air rescue services;
n) Prisoner and jail services for municipal ordinance violators;
o) E-911 (law enforcement dispatch), and subject to the terms and conditions set forth in the
E-911 Regional Inter-Local Agreement entered into by the CITY and the County; and
p) Any other services, excluding those indirect services listed, BSO generally provides to
other law enforcement agencies throughout Broward County,whether they have a contract
with BSO or not.
The CITY recognizes that the Board of County Commissioners,Broward County, Florida is the
authority which establishes, allocates or otherwise provides for BSO's budget year funding. If
in any budget year, funding, for any reason, is not provided sufficient to cover BSO's ability to
provide the countywide services, as determined by BSO, BSO reserves the right to notify the
CITY accordingly in writing. In such an event, the countywide service shall be discontinued,
unless the CITY and BSO agree otherwise by a formal written amendment to this Agreement
executed with the same formalities as set forth herein.
30
In the event Broward County does not provide funding for E-911 communications/dispatch
services for the CITY,in whole or in part,B SO's obligation to provide such services to the CITY
shall cease accordingly,unless the CITY agrees to fund the shortfall in BSO funding.
Should funding from Broward County cease and the E-911 services are not possible, BSO and
CITY will execute an amendment to this Agreement in a timely manner,as necessary to formally
address any modification to the Parties' respective obligations and funding costs; however the
lack of a formally executed amendment will not change the effective date of such modifications,
which will occur on the date funding and/or services ceases. Should funding from Broward
County not fully fund the E-911 services, then BSO and CITY will execute an amendment to
this Agreement in a timely manner, as necessary to formally address any modification to the
Parties' respective obligations and funding costs; however the lack of a formally executed
amendment will not change the effective date of such modifications, which will occur on the
date funding ceases.
BSO shall provide notice to the CITY of any substantive change to the Countywide Services due
to Broward County not fully funding the services or equipment as provided for under this section.
ADDITIONAL SERVICES:
Upon the request of the City Manager and subject to BSO's availability of resources,BSO agrees
to provide such additional resources at a cost mutually agreed upon by the parties.
31