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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