HomeMy WebLinkAboutR-2020-122 BSO Police Services 5-Year AgreementRESOLUTION NO.2020-122
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING A FIVE (5) YEAR AGREEMENT
BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND THE
BROWARD COUNTY SHERIFF'S OFFICE FOR POLICE SERVICES
BEGINNING RETROACTIVELY TO OCTOBER 1, 2020 AND ENDING
SEPTEMBER 30, 2025; AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE AGREEMENT FOR SUCH SERVICES FOR A FIRST YEAR
COST OF FOURTEEN MILLION SEVEN HUNDRED FIFTY ONE
THOUSAND, NINE HUNDRED SEVENTY FIVE DOLLARS
($14,751,975.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City executed an agreement with the Broward County Sheriff's Office
("BSO") dated September 28, 2010 providing for Police Services for October 1, 2009 through
September 30, 2014; and
WHEREAS, the City executed Amendment number four (4) on October 1, 2014
authorizing an extension of the existing Agreement through September 30, 2015; and
WHEREAS, the City executed Amendment number five (5) on October 1, 2015
authorizing an extension of the existing Agreement through September 30, 2020; and
WHEREAS, the City and BSO desire to enter into an Agreement for five (5) years,
beginning retroactively to October 1, 2020 through September 30, 2025 for a first year cost of
Fourteen Million Seven Hundred Fifty One Thousand Nine Hundred Seventy Five Dollars
($14,751,975.00); and
WHEREAS, BSO has removed from the Agreement the deputy position that was
assigned to supervise the prisoner work crew at an annual savings to the City of One Hundred
Fifty Five Thousand Eight Hundred Forty Eight Dollars ($155,848.00);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA;
Section 1. That the above "Whereas" clauses are ratified, made a part of and
incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute the Agreement
between the City of Dania Beach, Florida, and BSO for Police Services dated retroactively to
October 1, 2020 through September 30, 2025. A copy of the Agreement is attached as Exhibit
"A" and made a part of and incorporated into this Resolution by this reference.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement for police services which are deemed necessary and in the best
interests of the City.
Section 4. That funding has been appropriated in the Fiscal Year 2020-21 budget to
Account No. 001-21-01-521-31-10 in the amount of Fourteen Million Seven Hundred Fifty One
Thousand Nine Hundred Seventy Five Dollars ($14,751,975.00).
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect retroactively to
October 1, 2020.
PASSED AND ADOPTED on October 13, 2020.
ATTEST:
r
THOMAS SCHNEIDER, CMC
CITY CLERK
v -y
LORI LE
A e" MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. BRO
CITY ATTORN Y
2 RESOLUTION #2020-122
AGREEMENT FOR POLICE SERVICES
THIS AGREEMENT FOR POLICE SERVICES, dated the day of ,
2020, is made by and between the City of Dania Beach, Florida, (hereinafter referred to
as the "CITY") and the Gregory Tony, as Sheriff of Broward County (hereinafter referred
to as "BSO").
WIT NESSETH:
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.
AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF DANIA BEACH
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
IS
GREGORY TONY, Sheriff
Approved as to form and legal sufficiency subject to the execution by the parties:
TERRENCE O. LYNCH, General Counsel
AGREEMENT FOR POLICE SERVICES BETWEEN THE CITY OF DANIA BEACH
AND GREGORY TONY, AS SHERIFF OF BROWARD COUNTY, FLORIDA
Cl11Ira
ATTEST:
CITY OF DANIA BEACH
M-
LORI LEWELLEN
THOMAS SCHNEIDER Mayor
City Clerk
(SEAL)
Approved as to form and
Legal sufficiency subject to execution
by the parties:
THOMAS ANSBRO
City Attorney
Dated:
2
ANA M. GARCIA
City Manager
Dated:
EXHIBIT A
SPECIAL TERMS AND CONDITIONS
The following Special Terms and Conditions have been agreed upon by and between the CITY
and BSO:
CITY:
City of Dania Beach
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 set by City Ordinance
STAFFING STRUCTURE:
1 District Chief
2 Lieutenants
8 Sergeants
63 Deputy Sheriffs
1 School Resource Deputy
5 Community Service Aides
1 Clerical Personnel
1 Secretary
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CONSIDERATION:
$14,751,975.00
POLICE HEADQUARTERS
100 W. Dania Beach Boulevard, Dania Beach, FL
ADDRESS:
33004
FACILITIES ADDRESSES::
100 W. Dania Beach Boulevard, Dania Beach, FL
33004
NOTICE CITY ADDRESS::
100 W. Dania Beach Boulevard, Dania Beach, FL
33004
EXHIBIT B
POLICE SERVICES GENERAL CONDITIONS
1. 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.
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.
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.
in. 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.
Uniformed Deputy. "Uniformed Deputy" shall mean a uniformed Deputy Sheriff
employed by BSO who patrols the District.
2. STAFFING
a. Structure. The staffing structure for the District shall be as set forth in the Special Terms
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.
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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 BSO'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
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pension funds, 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
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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.
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 Sheriff's Office.
1. Replacements. Any Personnel transferred or reassigned out of the CITY shall be
replaced as soon as practicable.
in. 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 I st, April 1 st and July 1 st) or as
requested by the City Manager, the District Chief shall meet with the City Manager to discuss
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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:
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. 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 I st 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
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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
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 savings.
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.
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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
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.
in. 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.
VEHICLE MARKINGS
Each patrol vehicle assigned to the District shall prominently display on the vehicle's exterior,
"City of Dania Beach" in three (3) to six (6) inch lettering, in accordance with the BSO
standard vehicle markings.
FACILITIES
BSO shall use the Police Services Center as its Dania Beach 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.
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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 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, 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.
10
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 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 Chief s 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
11
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.
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
BSO'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 in 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
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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
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 301h 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.
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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 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.
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.
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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.
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:
I. 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.
15
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 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. 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 to use towing services other than those of the CITY's vendor with regards to
all confiscations/forfeiture cases occurring within the CITY
12. INSURANCE
BSO shall maintain liability and automobile insurance policies in the amounts set forth below:
General Liability $1,000,000/$2,000,000
Automobile Liability $1,000,000/$2,000,000
BSO shall maintain these insurance policies throughout the Term. 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 may
provide the insurance required in this Section through a self insurance program.
The CITY shall during the Term, at its sole cost and expense, maintain appropriate insurance
coverage to include General Liability and Fire and Casualty coverage either through a
16
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.
13. 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;
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 14 herein;
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,
17
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.
14. 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 14 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 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 14. 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.
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 12 months or until CITY is capable of
rendering such police service, whichever occurs sooner. The consideration to be paid to the
BSO 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
18
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.
15. INDEMNIFICATION
15.1 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.
15.2 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 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 and the CITY shall indemnify
the SHERIFF, its officials, agents, servants and employees, for damages, judgments, claims,
costs, expenses, including reasonable attorney's fees, which the SHERIFF, its officials, agents,
servants and employees, might suffer in connection with or as a result of the intentional or
negligent acts 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 SHERIFF and the
SHERIFF'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.
15.3 To the extent permitted by law, the SHERIFF 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 SHERIFF, its employees, agents, servants and to that extent
the SHERIFF shall indemnify the CITY, its officials, agents, servants and employees, for
damages, judgments, claims, costs, expenses, including reasonable attorney's fees, which the
CITY, its officials, agents, servants and employees, might suffer in connection with or as a
result of the intentional or negligent acts of the SHERIFF, its employees, agents, or servants.
Without limitation upon the foregoing, this indemnification shall include the CITY's
obligations of indemnification to the owners of premises in which police substations are, or are
to be, occupied by BSO pursuant to written occupancy agreements executed by the CITY and
such owners of premises ("Premises Owners") and, pursuant to Article 27 of this Agreement,
shall constitute a direct obligation of BSO to such Premises Owners. For purposes of this
provision, the CITY's employees shall not be deemed agents or servants of the SHERIFF and
M
the SHERIFF's employees shall not be deemed agents or servants of the CITY. The SHERIFF
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. 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.
17 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.
18. 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
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.
►K11
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.
19 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
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,
21
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.
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.
20. 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.
21. 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.
22 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 definition. The words "hereof', "hereby", "hereto", "herein",
"hereunder" and the like refer to this Agreement in its entirety.
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23. 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.
24. 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.
25. 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.
26. 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.
27. ENTIRE AGREEMENT
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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.
28. 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.
29. 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.
30. 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.
31. 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
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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.
32. 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.
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.
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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.
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;
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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 Chiefs
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 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 BSO's special detail rates and/or overtime at the time of the event.
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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;
f) 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.
In the event Broward County does not provide funding for E-911 communications/dispatch
services for the CITY, in whole or in part, BSO's obligation to provide such services to the
CITY shall cease accordingly, unless the CITY agrees to fund the shortfall in BSO funding.
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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.
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