Agenda 06-11-12
BOYNTON BEACH POLICE OFFICERS’ PENSION FUND
SPECIAL BOARD MEETING
MONDAY, June 11, 2012 @ 9:30 AM
Renaissance Executive Suites - Conference Room #1
1500 Gateway Blvd., Suite #220
Boynton Beach, FL 33426
AGENDA
I.CALL TO ORDER – Lt. Gary Chapman, Chairman
II.AGENDA APPROVAL -
APPROVAL OF MINUTES –
III.
IV.FINANCIAL REPORTS: N/A
V.CORRESPONDENCE: N/A
VI.OLD BUSINESS:
1) Conference call – Glenn Harris, Russell Investment –
Discussion on strategy,
portfolio allocation comparisons with current, Core Options and Core Plus
Options.
VII.NEW BUSINESS: N/A
VIII.PENSION ADMINISTRATOR’S REPORT: N/A
IX.COMMENTS:
X. ADJOURNMENT:
Next Regular Meeting Date – Tuesday, August 14, 2012 @ 9:30 a.m.
– 1500 Gateway Blvd. Suite 220, Boynton Beach, FL 33426
If you cannot attend, please call Barbara @ 561-739-7972
NOTICE
PO’PB
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE OLICE FFICERS ENSION OARD WITH RESPECT TO ANY MATTER
,/,,/
CONSIDERED AT THIS MEETING HESHE WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE HESHE MAY NEED TO
,
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
.(..286.0105)
WHICH THE APPEAL IS TO BE BASED FS
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
,,
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE PROGRAM OR ACTIVITY CONDUCTED
.PW,(561)742-6013-
BY THE CITY PLEASE CONTACT AM ELSH AT LEAST TWENTYFOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY
.
IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST
THEBOARD(COMMITTEE)MAYONLYCONDUCTPUBLICBUSINESSAFTERAQUORUMHASBEEN
ESTABLISHED.IFNOQUORUMISESTABLISHEDWITHINTWENTYMINUTESOFTHENOTICEDSTARTTIMEOF
THEMEETINGTHECITYCLERKORDESIGNEEWILLSONOTETHEFAILURETOESTABLISHAQUORUMAND
THEMEETINGSHALLBECONCULDED.BOARDMEMBERSMAYNOTPARTICIPATEFURTHEREVENWHEN
PURPORTEDLYACTINGINANINFORMALCAPACITY.
S:\CC\WP\JANET\POLICE PENSION FUND.doc
1
Page 2 of 2
From: Barbara Ladue [mailto:ladueb @bbpdpension.com]
Sent: Wednesday, June 06, 2012 10:04 AM
To: 'Chapman, Gary'; 'Athol, Toby'; 'Caudell, Scott; 'Llopis, Jason'; 'Ranzie, Frank'; Harris, Glenn;
webmaster @burgesschambers.com; fwan @burgesschambers.com; ThePensionTeam @perryjensenlaw.com;
'Bonni S. Jensen'; 'Pyle, Judith'; 'Prainito, Janet'; 'Cherry- Guberman, Catherine'; 'Caruso, Ellie'; 'Huntington, John';
'Briganti, Frank'; mastrov @bbfl.us; katzj @bbfl.us
Subject: Special Police Pension Board Meeting - Monday, June 11, 2012
To All : (Jason FYI)
Attached is the agenda for a Special Board Meeting, Conference Call, scheduled for June 11, 2012, Monday @
9:30 AM, Renaissance Commons, Conference Rm 1.
Thank you.
Barb La Due
6/11/2012
Barbara Ladue
From: Harris, Glenn [GSHarns @RUSSELL COM)
Sent: Monday, June 04, 2012 3 PM
To: Gary Chapman, Ladue Barbara; Athol Toby; Frank Ranzie; Llopis Jason; Caudell Scott
Cc: Bonni S. Jensen; Burgess Chambers
Subject: Russell Return Assumptions for MAF proposed allocation
Attachments: Portfolio Simulations Twenty Year Forecast MAR 2012 CBB v2 pdf
Attached is an exhibit showing return assumptions (and risk) for three (3) portfolios — the Current, the Proposed with the Multi -Asset
Fund Core, and another proposed with the Multi -Asset Core Plus. Yes, the Core Plus version will now be available. However, the
plan is to launch the Core Plus fund using underlying funds and ETFs (to gain beta exposure) until assets reach certain levels to then
be able to utilize individual managers and other strategies where appropriate.
You will see the expected returns remain about the same across the 3, with lower volatility /risk than the Current. Please bear in
mind these estimates do not include any alpha assumptions and are based purely on beta. In other words, the expected returns
should be higher once we factor in active management.
Now that I've introduced the wild card into the equation, I thought it would be best to have a brief conference call on strategy. Do
we want to continue with the Core version as planned or implement the Core Plus version? It is acceptable to continue with the
Core version and consider Core Plus at a later date. That said, I'm still in the process of obtaining fees for the Core Plus version to
see if this option is more attractive from that basis alone. We know fees will remain the same at 81bps for the Current or Proposed
with Multi -Asset Core.
Please reply with any questions in the interim.
Thanks,
Glenn
Glenn Harris
Client Executive 1 Client Service 1 Americas Institutional
Russell Investments 1 Desk 212-702-79151 gsharns(cr�russell com 1
www.russell.com
Securities products and services offered through Russell Financial Services, Inc., member FINRA, 1301 Second
Avenue, Seattle, WA 98101, part of Russell Investments. The information contained in this message is for the use of
the intended recipient(s) named above If you received this e-mail in error, please notify us immediately at (800) 787-
7354. Russell Investment Group is a Washington, USA Corporation which operates through subsidiaries worldwide,
including Russell Investments, and is a subsidiary of The Northwestern Mutual Life Insurance Company
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Page 1 of 2
Cherry- Guberman, Catherine
From: Harris, Glenn [GSHarris @RUSSELL.COM]
Sent: Monday, June 11, 2012 12:00 PM
To: Barbara Ladue, Chapman, Gary; Athol, Toby; Caudell, Scott, Llopis, Jason, Ranzie, Frank,
webmaster @burgesschambers com; fwan @burgesschambers.com;
ThePensionTeam @perryjensenlaw.com; 'Bonne S. Jensen'; Pyle, Judith; Prainito, Janet; Cherry-
Guberman, Catherine; Caruso, Ellie, Huntington, John; Briganti, Frank; Mastro, Vincent; Katz,
Jeffrey
Subject: RE• Special Police Pension Board Meeting - Monday, June 11, 2012
Attachments: Fiduciary Solutions Performance June 2012.pdf
Attached please find a brief presentation that demonstrates Russell's efforts in fiduciary solutions for
our clients outside the U.S. These multi -asset strategies are a good proxy given that our Multi -Asset
Core Fund in the U.S. will follow many of the same strategies as far as manager reweighting, portfolio
tilting, asset class selection, etc.
Slides 4 -6 highlight the absolute and excess performance of the three (3) client strategies. Client l's
mandate includes not only equities in the mandate, but fixed income as well. Client 2 follows an All
Country World Index (ACWI) equity only mandate, while Client 3 follows an ACWI ex -Japan equity only
mandate. Slide 7 is designed to highlight the manager moves /changes that our fiduciary solutions team
has taken when managing these types of portfolios. This specific example applies to Client 2 and
represents manager changes and active reweighting of the managers from Jul 2007 to Dec 2011. Slide 8
helps to illustrate why the timing of manager changes matter and the potential impact on performance.
During our call, I also mentioned that for the period ending 3/31/12, the last 20 years, annualized (10-
years of actual experience linked to 10 -years of taking the original allocation and going back) resulted in
an annualized return over this period of 8.33% (gross of fees) and the composite benchmark return was
7.94 %. The standard deviation over this same time period was 10.02% for the portfolio and 9.47% for
the benchmark. I'm providing this information in support of seeking to achieve a long -term return
assumption of 7.75 %.
I will communicate the topic of fees ASAP.
Thanks,
Glenn
Glenn Harris
Client Executive 1 Client Service 1 Americas Institutional
Russell Investments 1 Desk: 212 - 702 -7915 1 osharris(a�russell.com 1
www.russell com
Securities products and services offered through Russell Financial Services, Inc., member FINRA,
1301 Second Avenue, Seattle, WA 98101, part of Russell Investments. The information contained in
this message is for the use of the intended recipient(s) named above. If you received this e-mail in error,
please notify us immediately at (800) 787 -7354 Russell Investment Group is a Washington, USA
Corporation which operates through subsidiaries worldwide, including Russell Investments, and is a
subsidiary of The Northwestern Mutual Life Insurance Company.
6/11/2012
k %'f! 4 `rte � '' . ` r . • r". - .-- _ � •�
Palm Beach Count . •
Sheriff's Office
,/}1\:,
F .S0
.. �. ��Ac/ ,
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it /� 0.
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Lave Enforcement
Services Proposal
Boynton Beach 2012
_,
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fi
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'HE /FF'S OFFICE * v ~" e�� *_
dr* rntM.irurrrwer.rur `' s .F . f
= t
RIC L. BRADSHAW, SHERIFF °ouwa
MAJOR DAN SMITH
COUNTYWIDE OPERATIONS
PHONE: (561) 681 -4520 FAX: (561) 681 -4525 E -MAIL: smithd @pbso.org
June 05, 2012
Lori LaVerrlere, Interim City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Dear Interim City Manager LaVerriere:
Thank you for the opportunity to present a proposal for law enforcement services to the City of Boynton Beach.
We believe it presents an arrangement where the City of Boynton Beach recognizes no loss of local control and at
the same time; the Palm Beach County Sheriff's Office gains a new opportunity to serve by:
➢ Greatly enhancing security & safety for the residents, businesses and their respective property.
➢ Oversight concurrent with no loss of local control.
Efficient use of financial, human resources and capital resources.
This proposal incorporates proficient law enforcement services with sound fiscal economical management.
If you have any questions, or you would like me to expand on any point, please do not hesitate to call.
Sincerely,
Major Dan Smith
Countywide Operations
'l'aHe of Contents
1.1 Introduction 4
1.2 Objectives 4
1.3 Approach 4
2.0 Boynton Beach current staff 5
2.1 Proposal with cost 5
3.0 Ancillary information 6
4.0 Frequently asked questions 7
4.1 What can citizens of Boynton Beach expect 8
1. I ! }'tom j uctic
Palm Beach County was established on April 30, 1909, becoming the state's 47t county. Of the current 67 Florida
counties, it is the largest m land mass, spanning 2,386 square miles The Palm Beach County Sheriff's Office
provides patrol services to approximately 1,320,134 citizens in the unincorporated and contracted areas of the
county. The Palm Beach County Sheriff's Office provides law enforcement, civil, and coriectrons services to the
residents of Palm Beach County.
1.2 Objectives
Provide the community with greatly enhanced security & depth of law enforcement service, with a focus on
communication, efficiency, professionalism, customer service and community policing. The Palm Beach County
Sheriff's Office is committed to provide our citizens with high quality law enforcement services, advanced training,
state of the art technology, and resources to ensure officers have every tool available to there to protect themselves
and the citizens they serve. The Palm Beach County Sheriff's Office contirrtes efforts to strengthen law
enforcement and community partnership by encouraging citizen involvement.
1.3 Approach
Citizens want to feel connected to their community and its services. The Palm Beach County Sheriff's Office prides
itself on our ability to partner with citizens to resolve issues. Examples of this include our Citizens Observer
Patrol, Police Athletic League, National Night Out activities, Shop with a Cop and Volunteer programs.
The Palm Beach County Sheriff's Office incorporates the community policing philosophy. Unlike traditional
policing in which law enforcement responds to a call and then returns to random patrol, community policing
techniques call for building partnerships with local neighborhoods and businesses to address specific concerns. The
primary focus of community policing is to improve the "quality of life" in identified areas using proven problem
solving techniques. In this approach, law enforcement officers act as liaisons between the communities and other
outside agencies and service providers. Another key element of community policing involves the use of crime
analysis as a basis for the development of problem solving strategies to reduce crime, improve neighborhood
appearances and to create a sense of pride and ownership among the residents within the community.
4
7.. CLir ei.t St f
Public Safe
Chief of Police 1
Ma <or 2
Lieutenant 7
Ser • cant 24
Detective First Grade 5
Detective 21
Police I L L
Crime Scene Investigator
Victim Advocates
Technical Services Maria: er
Com • uter S stems Technicians
Animal Cruelty Investigator 1
Crime Anal st 1
Admire Assistants /Clerks 1 3
Dis • atcher Su • ervisor 4
Dispatcher 16
Crossing Guards (Subcontracted) 30
Total- Staff,', 241
2.1 Proposal with Cost 46046$00:‘
Wd wi'
Captain 1
Lieutenant 1
Sergeants 15
Detectives 9
Violent Crime Detectives 1
Special Inves ' • ation Detectives 4
Narcotic Agents 2
Street Team 5
Community Policing 6
Deputy 84
Communications Supervisor 1
Communications Officers 13
Administrative Secretar 1
Fleet Technician 1
Community Service Aides 6
Crime Scene Technicians 2
Evidence Technician 1
Clerical Specialist 5
Cadet 1
Crossi • Guards 30
Total Staff 189
Total Cost $21,904,364.00
5
3.0 =ii:cili ary infoi'i': , iiln
The following is a list of other resources the Palm Beach County Sheriff's Office has to enhance road patrol
operations. All programs administered by the Pahn Beach County Sheriff's Office meet the exacting standards of
the Commission for Florida Law Enforcement Accreditation; a nationally recognized organization that mutually
supports and endorses the continued improvement of law enforcement services by establishing professional
standards of accountability, management and operations.
The following services would benefit the residents of your community. As evidence of the depth of our resources,
the Palm Beach County Sheriff's Office is able to provide numerous services that would supplement the contract.
• Agriculture Urut • DUI /BAT Unit • Marine Enforcement
• ATV Beach Patrol • Emergency Field Force • Motors /Commercial Vehicle
Enforcement
• Auto Theft Task Force • Evidence
• Mounted
• Aviation • Explorers
• NOPE
• Bicycle Operations • Explosive Ordnance
Disposal • PAL Program
• Chemistry
• Financial Crimes • Photography Units
• Code Enforcement
• Firearms • SPOT
• Community Policing
• Forensic Biology & ID • Strategic Intelligence
• Community Relations
• Fugitive Warrants /ICE • SWAT
• Computer Crimes
• Gang Unit Task Force • Tactical Unit
• Crime Lab
• Graffiti • Toxicology
• Crime Prevention
• Honor Guard • Traffic Enforcement
• Crime Scene
• HOU Team • Vehicle Homicide
• Crime Stoppers Investigations
• Juvenile 1st Offender
• Dark House Program • Volunteers
• K -9
• Domestic Violence /Victim
Witness • LE Reserves
6
- F_r:quc ntiy Qiii2=Aions
How does the City of Boynton Beach benefit?
The officers of your pohce department will gain the experience from cutting edge training, equipment, and
technology. The City of Boynton Beach would no longer be burdened with the expenses of bring, training, union
negotiations, liability resulting from the actions of law enforcement personnel, and soaring costs for benefits, fleet
vehicles, fuel, and workers comp. These concerns are handled by the Pahn Beach County Sheriff's Office as part of
the Law Enforcement Service Agreement.
Does the City of Boynton Beach lose local control?
When contracting with the Paim Beach County Sheriff's Office for law enforcement services, Sheriff Ric L.
Bradshaw in essence, becomes your Police Chief. The City of Boynton Beach retains their sense of ownership by
allowing the same employees to service the City while maintaining input in a productive forum with the Palm Beach
County Sheriff's Office.
What would happen to the current facility?
Your current facility would be retained. 'The deputies would report there for duty and would spend their entire shift
working within the city limits. As with the Boynton Beach Police Department, exceptions would be made that
would allow for leaving the city hmits for emergencies, training, court, etc.
7
1 luw wuulu we Dovnton Deacn force vemcles De marKear
The patrol cars would be marked like Palm Beach County Sheriff Office patrol `ehicles, with the "City of Boynton
Beach" added to the vehicle. Below is an example:
-- I
r
ti
'`•_ ' -.- - -- ._ . . _.:'tea` ++•• -
4.1 What can residents of Boynton Beach expect?
• Enhanced public safety & security due to the depth of service the Sheriff's Office is qualified to provide
> Comprehensive law enforcement protection provided each day of the year on a twenty -four (24) hour per
day basis
> Enforcement of state statues and city ordinances
> Professional law enforcement services
• Community policing philosophy
• Uniform changes color, many of the current staff will remain
• Over 100 years of law enforcement experience
8
AGREEMENT FOR LAW ENFORCEMENT SERVICES BY AND
BETWEEN THE PALM BEACH COUNTY SHERIFF'S OFFICE
AND THE CITY OF BOYNTON BEACH
This Agreement is made by and between the CITY OF BOYNTON BEACH, a
municipal corporation organized and existing under the laws of the State of Florida which
municipality is wholly located within the boundaries of Palm Beach County, Florida
(hereinafter referred to as "CITY ") and Ric L. Bradshaw, Sheriff of Palm Beach County
Sheriff's Office, Florida, (hereinafter referred to collectively as "SHERIFF ").
WITNESSETH:
WHEREAS, the CITY is desirous of maintaining a high level of competent
professional law enforcement services in conjunction and harmony with its fiscal policies
of sound, economical management; and
WHEREAS, the CITY also desires that the law enforcement services be
performed such that the citizens of the CITY retain the sense of community they have
enjoyed with their municipal police department; and
WHEREAS, the SHERIFF has agreed to provide the CITY a high level of
professional law enforcement services and the CITY is desirous of contracting for such
services upon the terms and conditions hereinafter set forth; and
WHEREAS, the CITY is desirous of obtaining its law enforcement services
through a contractual relationship with the SHERIFF.
NOW, THEREFORE, in consideration of the sums hereinafter set forth and for
other good and valuable considerations, the receipt and legal sufficiency of which are
hereby acknowledged, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE 1— DEFINITIONS
1.1 For the purposes of this Agreement, the following terms shall have the respective
meanings hereinafter set forth:
A. District Commander shall mean an exempt employee who is appointed by the
SHERIFF as a deputy sheriff holding the rank of captain who shall perform
duties and functions as specifically set forth in Article 2 of this Agreement.
B. Executive Officer shall mean a non - exempt employee who is appointed by the
SHERIFF as a deputy sheriff holding the rank of lieutenant who shall perform
duties and functions as specifically set forth in Article 2 of this Agreement.
1
C. Sergeant shall mean an individual who is appointed by the SHERIFF as a
deputy sheriff who shall plan, direct, patrol, supervise, and /or perform the
activities of a deputy sheriff as set forth in Article 2 of this Agreement
D. Deputy Sheriff shall mean an individual, other than those described in A, B,
and C above, who is appointed by the SHERIFF in accordance with Section
30.07, Florida Statutes, and who has executed any necessary oath which is
required by law to serve in the position of a certified law enforcement deputy
sheriff and perform the duties and responsibilities as set forth in Article 2 of
this Agreement.
E. Communications Supervisor shall mean a civilian employee of the SHERIFF
who supervises the delivery of calls for law enforcement service.
F. Communications Officer shall mean a civilian employee of the SHERIFF who
dispatches calls for law enforcement service.
G. Administrative Secretary shall mean a civilian employee of the SHERIFF who
provides secretarial and administrative assistance.
H. Fleet Technician shall mean a civilian employee of the SHERIFF who
performs maintenance and repair on fleet vehicles.
I. Community Service Aide shall mean a full -time civilian employee of the
SHERIFF who performs community service functions.
J. Crime Scene Technician shall mean a full -time civilian employee of the
SHERIFF who performs crime scene functions.
K. Evidence Technician shall mean a civilian employee of the SHERIFF who
processes, stores, and maintains evidence.
L. Clerical Specialist shall mean a civilian employee of the SHERIFF who
performs general office and clerical functions.
M. Cadet shall mean a civilian employee of the SHERIFF who performs various
duties as assigned.
N. Crossing Guard shall mean a part-time civilian employee of the SHERIFF
who provides safe crossing for students attending grade and middle schools.
O. District Office shall mean the law enforcement office space provided by the
CITY as set forth in Article 5, located within the CITY boundaries.
P. Service shall mean comprehensive law enforcement protection provided each
day of the year on a twenty -four (24) hour per day basis.
2
Q. CITY Manager shall mean the chief administrative officer of the CITY and
shall include any individual employed by the CITY or any contracted third
party who is delegated to perform the duties and responsibilities of the
management and oversight of the CITY functions related to law enforcement
services.
ARTICLE 2 — LEVELS OF SERVICE
2.1 Law Enforcement Patrol Services:
A. The SHERIFF shall provide to the CITY, for the term hereinafter set forth, as
the same may be extended in accordance with the provisions hereof,
competent professional law enforcement services within and throughout the
corporate limits of the CITY to the extent and in the manner herein described.
B. The SHERIFF shall assign personnel, through request and consultation with
the CITY to provide the level of professional law enforcement services
consistent with the level of service provided to the CITY immediately prior to
the commencement of this Agreement by its former Police Department, as
established in Exhibit A, attached hereto and incorporated herein, or as such
service has been supplemented and enhanced as a result of this Agreement and
any amendments and supplements thereto.
1. The SHERIFF, at all times, shall provide the CITY the full staffing for all
sworn law enforcement personnel.
C. Law enforcement services shall encompass all those duties and functions of
the type coming within the jurisdiction of, and customarily provided by,
municipal police departments, which include receiving of 911 calls, dispatch
of calls for law enforcement services, arrest of criminal offenders and citations
issued to traffic violators, PAL, traffic control, testifying in court, community
policing, high visibility patrol within the CITY (including all CITY facilities
and parks), and other duties in accordance with the SHERIFF' S general
orders, the City Charter and Ordinances, Palm Beach County Charter and
Ordinances that are applicable within the CITY, and statutes of the State of
Florida. The Sheriff's deputies will not act as Code Enforcement officers,
however, Sheriffs deputies will enforce City Ordinances to the extent the
ordinance authorizes arrest and provides for fines and/or imprisonment, as set
forth in Chapter 162, Florida Statutes. Performance of all duties of sheriffs
deputies shall be in accordance with Sheriff's Office General Orders and any
applicable Collective Bargaining Agreement. Additionally, law enforcement
patrol services shall encompass response to alarm calls, and the SHERIFF
shall respond to alarm calls consistent with the Palm Beach County Alarm
Ordinance as it may from time -to -time be amended.
3
D. The complement in Exhibit A will be deployed within the CITY except where
the CITY is better served through centralized assignments, i.e. Crime Scene,
Violent Crimes Detectives, Communications etc. (To be determined in
cooperation with the CITY.)
E. The SHERIFF shall provide the CITY, upon the request of the CITY, such
supplemental law enforcement services of a deputy sheriff beyond those
services described herein, as may be needed from time -to -time that cannot be
accommodated through flexible scheduling of on -duty sheriff's deputies.
Compensation shall be in accordance with Article 6.3. Those services
typically include, but are not limited to, providing services at:
1. City Commission meetings.
2. Board and Committee meetings.
3. Special Events sponsored by the CITY.
F. Unless exigent circumstances exist, all deputies assigned to the CITY OF
BOYNTON BEACH shall remain within the corporate limits of the CITY OF
BOYNTON BEACH.
G. There shall be a minimum staffing of 15 deputies per shift on average over a
24 hour period.
H. Direct law enforcement patrol supervision shall be provided by the assignment
of a Sergeant or higher ranking officer each day of the year, twenty -four (24)
hours per day. S ergeants shall not be included in calculating the deputy sheriff
staffing requirements set forth in this agreement.
J. The District Office shall minimally be open during normal business hours,
Monday through Friday, from the hours of 8:00 a.m. until 4:00 p.m.
K. Transfer of Current Vehicle Fleet and Equipment:
Within 45 days of the Effective Date, the CITY shall transfer title and
ownership interest of the CITY'S current Vehicle Fleet and Equipment to the
SHERIFF in an "as is" condition, which shall include attached equipment,
such as light bars and cages.
L. Re- transfer of Equipment, Vehicle Fleet and Facilities:
Upon the expiration or earlier termination of this Agreement, SHERIFF shall
return to the CITY all previously transferred furnishings, equipment, vehicles,
radios and facilities used by SHERIFF in performing law enforcement related
services, free and clear of all Liens, or the value agreed to on the inventory
transfer sheet at the time of re- transfer of such equipment, vehicles or
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facilities. Any equipment, supplies, and vehicles furnished or purchased by
the SHERIFF shall remain the property of the SHERIFF.
M. Each patrol unit shall prominently display on the vehicle's exterior "CITY OF
BOYNTON BEACH" and the city logo, designed to match the scheme of
Sheriff's vehicles.
2.2 Executive and Administrative Services:
Without impairing the rights of the SHERIFF as an employer as provided in
Article 4, the SHERIFF will review with and receive input from the CITY
prior to the selection of the District Commander, who shall regularly meet and
confer with the City Manager.
A. Performance of all duties and responsibilities of the District Commander shall
be completed without overtime compensation or additional charges.
B. Performance of all duties and responsibilities of the Executive Officer shall be
in accordance with SHERIFF'S general orders, any applicable collective
bargaining agreements, and this Agreement.
2.3 Administrative Responsibilities:
A. The Executive Officer shall serve as the Assistant District Commander and
perform his duties and responsibilities consistent with the SHERIFF'S general
orders, any applicable collective bargaining agreements, and this Agreement
under the direction of the District Commander.
B. The District Commander or designee will notify the Mayor, City Commission
and the City Manager in a timely manner of any major /significant crimes,
incidents, or emergencies that occur within the CITY.
C. The District Commander shall provide semi - annual reports to the CITY
consisting of data and analysis of city law enforcement service activity,
segregated by type and geographic locations where applicable, to include:
1. Calls for service by time of day, geographic location, day of the week, and
type.
2. Reported incidents, criminal and non - criminal, by category.
3. Number and types of arrests.
4. Traffic crashes.
5. Traffic citations.
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6. Response times to emergency calls by priority classification.
7. Number and type of special /additional enforcement activities.
8. Law Enforcement Forfeiture activity.
9. Monthly expenditure reports.
10. Monthly overtime reports.
D. A formal analysis of law enforcement- related trends and indicators shall be
prepared and presented to the CITY on a semi - annual basis by the SHERIFF
or designee and shall include the data, analysis, and reporting set forth in
Section C above.
1. The CITY rnay, at its sole discretion and cost, cause the analysis to be
prepared by the CITY in addition to the analysis prepared by the
SHERIFF.
2. The SHERIFF shall provide any and all available data, in accordance with
Florida law, to complete the analysis as requested by the CITY.
E. The CITY and SHERIFF recognize that competent professional law
enforcement services require flexibility in order to meet society's challenge to
combat crime and other social conditions. Therefore, the District Commander
shall have the discretion to determine, after consultation with the CITY, staff
allocation and assignments in alignment with ongoing law enforcement
activity analysis.
F. The District Commander, Executive Officer, or designee shall be responsible
for attending all City Commission Meetings. The District Commander or
designee shall attend community meetings and meetings with city staff which
involves issues of mutual concern or when needed to provide advice or
consent on law enforcement issues and all other meetings so designated by the
City Manager.
G. From time to time, with responsible notice, the SHERIFF, or Executive Staff
Member, shall meet with the CITY to discuss law enforcement issues related
to services impacting the CITY.
2.4 Fiscal Responsibilities:
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A. The SHERIFF shall provide to the CITY a proposed costing for renewal of
law enforcement services no later than May 31st prior to each fiscal year
through the term of the agreement.
B. Annual staffing adjustments for deputy sheriffs in the SHERIFF'S proposed
costing renewal of law enforcement services shall be supported by crime and
law enforcement activity analysis. All changes in staffing allocations must be
approved by the City Commission.
C. Emergency purchases and unanticipated repairs not included in the annual
budget shall be justified and forwarded to the City's Finance Director for
consideration.
2.5 The SHERIFF shall furnish to and maintain for the benefit of the CITY, without
additional cost therefore, all necessary labor, supervision, equipment, vehicles,
and supplies necessary and proper for the purpose of performing the services,
duties, and responsibilities set forth and as necessary to maintain the level of
service to be rendered hereunder, except as included under Article 5.
2.6 EVIDENCE: All evidence currently in the custody of the CITY shall be
transferred to the custody of the SHERIFF. The SHERIFF with the assistance of
the CITY will conduct a 100% inventory of all evidence to ensure compliance
will all Florida State Statutes, SHERIFF'S general orders, and Commission for
Florida Law Enforcement Accreditation standards.
ARTICLE 3 — ANCILLARY SERVICES
3.1 The following Ancillary Services shall be provided to the CITY at no
additional cost to the CITY when the SHERIFF reasonably believes such are
necessary or desirable:
1. Full service crime lab.
2. Aviation and helicopter unit.
3. Organized Crime investigations (includes Vice & Narcotics).
4. Prisoner and jails services.
5. Criminal Investigations.
6. Marine Patrol.
7. Community Policing.
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8. Evidence Custodian.
9 Other support services, such as Traffic Homicide, Police Athletic League
(PAL), Equine Patrol, Administrative Support, Canine, etc. (as available
to other SHERIFF districts or law enforcement jurisdictions).
ARTICLE 4 — OTHER RESPONSIBILITIES
4.1 Employment Responsibility:
A. Unless otherwise provided herein, those persons presently employed by the
CITY, to the extent their positions are identified in Exhibit "A ", number 2
(Staff- Palm Beach County Sheriff's Office) and who are designated for
employment in performance of such services, functions and responsibilities as
described and contemplated herein for the CITY shall be and become PALM
BEACH COUNTY SHERIFF'S OFFICE employees on the effective date of
this Agreement, at the adjusted pay grade agreed to by the employees as part
of this agreement if they meet the SHERIFF'S standards for employment,
including background investigation and drug screening. All such designated
persons meeting these standards and who become Sheriffs Office employees
will be subject to completing a one year probationary period from original hire
date as a Police Officer with the CITY and must successfully complete any
applicable FTO programs. Civilian Employees will be subject to completing a
one year probationary period from original hire date with the CITY.
B. On the effective date of this Agreement, the SHERIFF shall be responsible for
all insurance benefits, compensation, and/or any status or right during the
course of employment with the SHERIFF. Accordingly, the CITY shall not be
called upon to assume any liability for, or direct payment of, any salaries,
wages, contribution to pension funds (as provided herein) or to the Florida
Retirement System, insurance premiums or payments, workers' compensation
benefits under Chapter 440, Florida Statutes, or any other amenities of
employment to any SHERIFF personnel performing services, duties, and
responsibilities hereunder for the benefit of the CITY and residents thereof.
C. Pursuant to section 121.081(1) of the Florida Statutes, each city employee
who becomes employed by the SHERIFF has the choice to remain in the
appropriate city sponsored retirement plan or to become a member of the
Florida Retirement System (FRS).
D. All employees electing to participate in FRS shall be bound to all statutory
and administrative procedures regulating FRS.
E. All employees electing to remain with the city pension shall be bound by said
pension and Chapter 185 except that all contributions shall be made by the
SHERIFF on behalf of the employee, not to exceed the total employer
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contribution as required by FRS. In the event the city pension plan exceeds the
FRS, the CITY is responsible for the additional contribution.
F. At the commencement of this Agreement, employees transferring employment
may transfer to the SHERIFF only those accrued hours of unused sick leave or
annual leave consistent with the SHERIFF'S policies and procedures. Said
employees shall start employment with the SHERIFF with a zero base of
compensatory time and holiday time. Any excess sick leave, annual leave,
compensatory time and /or holiday pay accrued while employed with the
CITY, pursuant to city policy, shall be paid by the CITY to the transferring
employee.
G. If necessary, further clarification regarding the method of calculation of
pension contributions and leave accruals may be set forth or further explained
in a letter of understanding.
H. SHERIFF shall credit all employees with seniority privileges for vacation
selection, and eligibility for Career Deputy as if they were hired by SHERIFF
on the date they were hired by the CITY as Police Officers. SHERIFF will
credit employees with seniority privileges for promotional opportunities after
one year from the commencement of the Term of this Agreement, as if they
were hired by SHERIFF on the date they were hired by the CITY. Employees
will begin earning credit toward longevity pay, merit leave and payment for
unused sick leave as set forth in SHERIFF'S Policies and Procedures.
I. If the SHERIFF'S standards for employment are met, as set forth in Article 4,
Section 4.1(A), then at the commencement of this Agreement: Those
employees holding the rank of Captain, Lieutenant, and Sergeant must remain
assigned to the CITY for the first 24 months from the effective date of this
agreement to maintain their rank unless promoted according to PBSO Policy
and the terms set forth in Article 4.1 (H), or if transferred out of the CITY by
the Sheriff. All other certified law enforcement personnel shall be appointed
Law Enforcement Deputy Sheriffs at the commencement of this Agreement.
J. All persons presently employed by the CITY, who meet PBSO standards and
who become PBSO employees, shall thereafter no longer be a member of or
subject to, any unions or collective bargaining units endemic to their
employment with the CITY.
4.2 Employment: Right of Control:
A. The SHERIFF shall have and maintain the responsibility for and control of the
delivery of services, the standards of performance, the discipline of personnel,
and other matters incident to the performance of services, duties, and
responsibilities as described and contemplated herein.
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4.3 Assignment of Police Powers: The CITY does hereby vest in each deputy sheriff,
to the extent allowed by law, the police powers of the CITY which are necessary
to implement and carry forth the services, duties, and responsibilities imposed
upon the SHERIFF hereby, for the sole and limited purpose of giving official and
lawful status and validity to the performance thereof by such deputy sheriff.
Every sworn deputy of the SHERIFF so empowered hereby and engaged in the
performance of the services, duties and responsibilities described and
contemplated herein shall be deemed to be swom officers of the CITY while
performing such services, duties and responsibilities which constitute municipal
functions and are within the scope of this Service Agreement.
4.4 Employee Claims:
A. The CITY shall disclose any and all current or potential disputes, grievances,
charges, complaints or proceedings, involving any employee or any collective
bargaining representative of the employees, which would have a material
adverse effect on this Agreement or the CITY'S or SHERIFF'S obligations
hereunder.
B. The CITY shall disclose any and all current or potential claims by any
employee, who may become an employee of the SHERIFF, against the CITY
and known to the CITY on account of (a) overtime pay, other than overtime
pay for the current payroll period; (b) wages or salary for any period other
than the current payroll period; (c) vacation, compensatory time, time off or
pay in lieu of vacation or time off, other than that earned in respect of the
current calendar year; or (d) any violation of any applicable law relating to
minimum or maximum hours of work.
C. The CITY shall disclose all employee claims for accrued and unpaid sick
days, accrued and unpaid vacation days, accrued and unpaid personal days,
other accrued leave time and compensatory time, and all other employee
claims or potential claims, by any city employee who may become an
employee of the SHERIFF.
D. All such disclosures by the CITY shall be provided to the SHERIFF prior to
the Effective Date of this Agreement.
E. The CITY shall be and remain responsible for all claims resulting from
incidents which occurred prior to the Effective Date of this Agreement,
whether or not such claims were filed prior to the Effective Date.
4.5 The SHERIFF shall provide to the CITY access to Power DMS the agency wide
document management system, regarding General Orders, Policy and Procedure,
Rules and Regulations, and other agency documents that require review, to the
extent that such documents are a public record.
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ARTICLE 5 — CITY RESPONSIBILITIES
5.1 District Office Space:
A. The CITY agrees to maintain and keep in good repair, or cause to be
maintained or repaired, to include necessary building /ground maintenance,
pest control, alarm services, and janitorial services for those facilities
designated as the District Office. The CITY shall be responsible for any
workers compensation claims that result from or are caused by conditions or
inherent factors in the facility. The SHERIFF shall maintain the District
Office in a clean condition, free from debris, with normal use excepted. In the
event the SHERIFF, his employees, or appointees destroy, deface, damage,
impair, or remove any part of the District Office, the SHERIFF will be
responsible, to the extent permitted by law, for repairing or replacing such
property.
B. Future space planning shall be coordinated with the SHERIFF and the CITY.
The final decision shall be the responsibility of the CITY.
C. The CITY shall be financially responsible for all fixtures, furnishings,
equipment, and costs related to the operation of the District Office, including
costs which may be incurred in the relocation of the District Office during the
term of this Agreement. Fixtures, furnishings, equipment, and costs related to
the operation of the District Office are defiried as desks, chairs, lamps, lights,
and any other piece of personal property which is reasonable and necessary
for the proper functioning of a District Office space. Any fixtures, furnishings,
and equipment, or other property located in the District Office purchased by
the SHERIFF for the District Office either before or during the term of this
Service Agreement, are and will remain the property of the SHERIFF. Any
fixtures, furnishings, and equipment purchased by the CITY are and will
remain the property of the CITY, unless otherwise donated or released to the
SHERIFF.
D. The use and occupancy by the SHERIFF of the District Office shall include
the use in common with others entitled thereto of the automobile parking
areas, driveways, pathways, entranceways, means of ingress and egress,
loading and unloading facilities, and other facilities as may be designated
from time to time by the CITY; subject, however, to the terms and conditions
of this Service Agreement.
E. The CITY shall, during the term of this Agreement, at its sole cost and
expense, maintain appropriate insurance coverage to include general liability
and fire and casualty coverage, either through a commercial insurance carrier
or a self insurance program of sufficient coverage, to protect the CITY and the
SHERIFF in the event of claims relating to the District Office or
damage /destruction of the District Office provided to the SHERIFF under this
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Agreement. The CITY shall provide a copy of its insurance policy to the
SHERIFF within thirty (30) days of the effective date of this Agreement.
F. If for any reason the CITY fails to provide the SHERIFF with a District Office
as required above, the SHERIFF is relieved from his obligation to provide,
inside the boundaries of the CITY, those contracted or future contracted
administrative services, including all positions indicated in this agreement,
and such other services which require a physical structure within the CITY.
All positions indicated in this agreement will be relocated to the SHERIFF'S
main headquarters office and will carry out their job functions as required
under this Service Agreement, and the CITY will pay for those services while
performed at the SHERIFFS main headquarters office.
G. The CITY'S failure to provide the SHERIFF with a District Office will
require the Sheriff's Deputies to attend roll call at the SHERIFF'S
headquarters, and any additional travel time incurred will, as agreed upon by
the CITY and the SHERIFF, be either part of the contracted hours or will be
billed at the contracted hourly rate.
5.2 The CITY shall provide two (2) copies of CITY ordinances as adopted and two
(2) copies of the Code of Ordinances with updates as received.
ARTICLE 6 — CONSIDERATION
6.1 The total amount due for all services beginning October 01, 2012 through
September 30, 2014 (except those costs identified and funded in Article 6.5), shall
be $21,904,364.00 for each fiscal year in the period referenced above. The
Monthly payments shall be $1,825,363.67. The last monthly payment shall be
$1,825,363.63.
6.2 The total amount due for all law enforcement services for subsequent years shall
be based upon the proposal submitted by the SHERIFF, as set forth in Article 2,
Section 2.4, during the city's budget process and approved by the City
Commission. However, for fiscal years beginning 2015, 2016 and 2017, the
annual increase shall not exceed 7 %.
6.3 Additional law enforcement services as set forth in Article 2.1(E) must be
authorized by the CITY in writing and will be billed at the then current extra -duty
permit hourly rate.
6.4 The SHERIFF shall invoice the CITY within ten (10) days of the close of each
month. Payments shall be made in equal monthly increments and shall be
remitted to the SHERIFF before the 25 day of the month preceding the month of
service.
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6.5 The CITY shall fund the cost of any third -party agreements requested by the
CITY related to the performance of this Law Enforcement Services Agreement,
including additional crime analysis and audit functions as determined necessary
and approved by the CITY.
6.6 The consideration recited herein constitutes the entire consideration to be paid
herein under and upon the payment thereof, in the manner and at the times
prescribed herein.
ARTICLE 7 — AUDIT OF RECORDS
7.1 The CITY may, upon reasonable notice to the SHERIFF, examine the existing
SHERIFF'S records relating to the services provided pursuant to the teens of this
Agreement.
7.2 Records not prepared by the SHERIFF in the ordinary course of business may be
provided as the CITY and the SHERIFF may agree.
7.3 The CITY may elect to perform the audit itself or to have an outside third party do
so.
ARTICLE 8 — FINES AND FORFEITURES
8.1 Law Enforcement Education Funds:
All law enforcement education funds levied and collected by the Clerk of the
Court and earmarked for the CITY pursuant to Section 938, Florida Statutes, shall
be assigned over to the SHERIFF and used by the SHERIFF for the law
enforcement education purposes for those officers assigned to the CITY. Apart
from such funds, the SHERIFF shall have no claim or right to any other monies or
things of value which the CITY receives or may hereinafter receive by way of
entitlement programs, grants, or otherwise in connection with police or law
enforcement activities.
8.2 Chapter 316, Florida Statutes, Fines:
All fines and forfeitures levied and collected pursuant to Chapter 316 Florida
Statutes, as the same may be amended from time -to -time, shall be forwarded to
the CITY consistent with the distribution requirements of Section 318.21, Florida
Statutes.
8.3 Unclaimed Property:
The CITY and the SHERIFF 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 proceeds and forfeitures arising under the sale or disposition
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of unclaimed property by the CITY or under any statutory or common law
proceeding to which the CITY would otherwise be entitled.
8.4 Law Enforcement Trust Funds:
A. The SHERIFF agrees that if a Deputy Sheriff, or Motor Unit (Road Patrol
Units) contracted for under this Service Agreement, or other SHERIFF'S
investigative unit initiates an investigation and seizure of property or currency
for forfeiture pursuant to Chapter 932, Florida Statutes, within the city
boundaries, and a forfeiture action is commenced resulting in the property or
currency being forfeited to the SHERIFF, the proceeds of the seizure, less
expenses as set forth below, will be deposited into a Law Enforcement Trust
Fund (LETF) established by the CITY.
B. The SHERIFF will deduct from the proceeds of the forfeitures those costs
associated with the forfeiture action which include, but are not limited to:
towing charges, storage charges, maintenance charges, filing fees, publication
fees, postage (including certified and registered mail), service of process fees,
clerical fees, attorney's fees, and any other out -of- pocket expense.
C. The District Commander may apply for the use of such funds in accordance
with the Florida Contraband Forfeiture Act and with approval by the CITY.
Upon appropriation, such funds shall be made available to the SHERIFF for
its designated use within the confines of the CITY.
8.5 Alarm Ordinance Fines and Fees:
The CITY shall be entitled to receive a portion of the fines and alarm permit
revenues generated within the jurisdictional limits of the CITY pursuant to the
Palm Beach County Alarm Ordinance, as currently adopted and as it may be
amended from time -to -time. The Sheriff will deduct a maintenance fee of twenty
five percent (25 %) from the proceeds of the alarm fines and alarm permit
revenues for those costs associated with the administration of the alarm ordinance,
which includes but is not limited to: Maintenance of equipment, postage, paper,
envelopes and support staff related to the billing and processing of alarm permits.
ARTICLE 9 — INSURANCE
9.1 The SHERIFF is a self - insured entity pursuant to Chapter 768, Florida Statutes
and will maintain sufficient general liability and automobile liability self -
insurance funds as required by law.
9.2 Self - insurance funds necessary to cover general liability and automobile liability
will remain throughout the term of this Agreement, as the same may be extended
in accordance with provisions hereof
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ARTICLE 10 — HOLD HARMLESS
10.1 To the extent permitted by Florida law and without waiving any statutory and
constitutional Sovereign Immunity protections, the SHERIFF holds the CITY
harmless from any and all manner of action and actions, cause and causes of
action, suits, trespasses, damages, judgments, executions, claims, and demands of
any kind whatsoever, in law or in equity, which may result from or arise out of the
intentional or negligent acts of the employees or appointees of the SHERIFF
while in the performance of this Agreement, and the SHERIFF shall indemnify
the CITY for any and all damages, judgments, claims, costs, expenses, including
reasonable attorneys' fees, which the CITY might suffer in connection with or as
a result of the intentional or negligent acts and the alleged intentional or alleged
negligent acts of the employees or appointees of the SHERIFF while in the
performance of this Agreement.
In no event shall the SHERIFF hold harmless or indemnify the CITY from
liability, suits, cause and causes of action, trespasses, damages, judgments,
executions, claims, and demands of any kind whatsoever, in law or equity, which
may result from or arise out of intentional or negligent acts of the CITY, its
employees, agents, servants, visitors, and/or any other third. parties.
10.2 To the extent permitted by Florida Law and without waiving any statutory and
constitutional Sovereign Immunity protections, the CITY holds the SHERIFF
harmless from any and all manner of action and actions, cause and causes of
action, suits, trespasses, damages, judgments, executions, claims, and demands of
any kind whatsoever, in law or in equity, which may result from or arise out of the
intentional or negligent acts of the employees of appointees of the CITY while in
the performance of this Agreement and the CITY shall indemnify the SHERIFF
for any and all damages, judgments, claims, costs, expenses, including reasonable
attorneys' fees, which the SHERIFF might suffer in connection with or as a result
of the intentional or negligent acts and the alleged intentional or alleged negligent
acts of the employees or appointees of the CITY while in the performance of this
Agreement.
In no event shall the CITY hold harmless or indemnify the SHERIFF from
liability, suits, cause, and causes of action, trespasses, damages, judgments,
executions, claims, and demands of any kind whatsoever, in law or equity, which
may result from or arise out of the intentional or negligent acts of the SHERIFF,
its employees, agents, servants, visitors, and/or any other third parties.
ARTICLE 11 — INDEPENDENT CONTRACTOR
11.1 The SHERIFF, for the purposes of this Agreement, is and shall remain an
independent contractor; provided, however, such independent contractor status
shall not diminish the power and authority vested in the SHERIFF and his
Deputies pursuant to Article 4.
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ARTICLE 12 — TERM
12.1 This Agreement shall remain in full force and effect commencing October 01,
2012 and ending September 30, 2022 all dates inclusive, unless the Agreement is
otherwise extended, amended or terminated in accordance with the terms thereof.
12.2 In the absence of a notice of termination in accordance with Article 13, this
Agreement shall automatically renew annually subject to the costing proposal by
the SHERIFF and subsequent approval by the CITY.
ARTICLE 13 — TERMINATION
13.1 The CITY or the SHERIFF may terminate this Agreement with or without cause
upon written notice to the other party of this Agreement; provided, however, that
notice of such termination shall not be effective until after receipt of the written
notice. Written notice shall be delivered by June 30, of any given year for
termination to be effective on October 1, of that year. This written notice must be
hand delivered and /or sent by Certified Mail, Return Receipt Requested, to the
SHERIFF or the City Manager. If during the first twelve (12) months of this
Agreement, the CITY provides to the SHERIFF such written notice to cancel this
Agreement, the SHERIFF shall be paid a cancellation charge to cover costs
incurred by the SHERIFF, reasonably necessary for the performance of this
Agreement. This cancellation charge shall be Two Hundred Fifty Thousand
Dollars ($250,000.00) and shall be paid on or before the termination date. Said
cancellation charge is in addition to any compensation due for services rendered
or equipment purchased by the SHERIFF through the date of termination.
ARTICLE 14 — TRANSITION
14.1 In the event of the termination or expiration of this Agreement, the SHERIFF and
the CITY shall cooperate in good faith in order to effectuate a smooth and
harmonious transition from the SHERIFF'S Office to a city police department,
and to maintain during such period of transition the same high quality of law
enforcement services otherwise afforded to the residents of the CITY pursuant to
the terms hereof.
14.2 In the event of termination or upon expiration of this agreement, the CITY shall
retain ownership of all equipment, furnishing and fixtures funded and acquired
through any separate agreement between the SHERIFF and the CITY.
14.3 In the event of termination or upon expiration of this agreement, the CITY shall
have the option to purchase from the SHERIFF any equipment, fixtures, and
furnishings furnished by the SHERIFF to perform the services provided under this
Agreement. The purchase price shall be determined by mutual agreement of the
parties as to the fair - market value of such equipment, fixtures, and furnishings.
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ARTICLE 15 — AUTHORITY TO EXECUTE; NO CONFLICT CREATED
15.1 The SHERIFF, by his execution hereof, does hereby represent to the CITY that he
has full power and authority to make and execute this Agreement pursuant to the
power so vested in him under the Constitution and Laws of the State of Florida to
the effect that:
A. His making and executing this Agreement shall create a legal obligation upon
himself and the Palm Beach County Sheriffs Office.
B. This Agreement shall be enforceable by the CITY according and to the extent
of the provisions hereof.
15.2 Nothing herein contained and no obligation on the part of the SHERIFF to be
performed hereunder shall in any way be contrary to or in contravention of any
policy of insurance or surety bond required of the SHERIFF pursuant to the laws
of the State of Florida.
15.3 The City Mayor, by his execution hereof, does represent to the SHERIFF that
he /she has full power and authority to make and execute this Agreement on behalf
of the CITY.
15.4 Nothing herein contained is any way contrary to or in contravention of the Charter
of the CITY or the laws of the State of Florida.
ARTICLE 16 — NOTICE
16.1 The persons to receive notice under this Agreement are:
CITY ADMINISTRATION:
Lori LaVerriere, City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425 -0310
CITY ATTORNEY:
James A. Cherof
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
SHERIFF:
Ric L. Bradshaw
Palm Beach County Sheriff's Office
3228 Gun Club Road
West Palm Beach, Florida 33406
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SHERIFF'S ATTORNEY:
Colonel Joseph A. Bradshaw, Jr.
Department of Legal Affairs
Palm Beach County Sheriff's Office
3228 Gun Club Road
West Palm Beach, Florida 33406
ARTICLE 17 — NON - ASSIGNABILITY
17.1 The SHERIFF shall not assign any of the obligations or benefits imposed hereby
or contained herein, unless upon the written consent of the City Commission,
which consent must be evidenced by a duly passed resolution.
ARTICLE 18 — THIRD PARTIES
18.1 In no event shall any of the terms of this Agreement confer upon any third person,
corporation, or entity other than the parties hereto any right or cause of action for
damages claimed against any of the parties to this Agreement arising from the
performance of the obligation and responsibilities of the parties herein or for any
other reason.
ARTICLE 19 — JOINT PREPARATION
19.1 The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other.
ARTICLE 20 — FAILURE TO DISCLOSE
20.1 The CITY shall disclose to the SHERIFF complete and accurate information
requested by or necessary to the SHERIFF in order to perform the services
contracted for in this Agreement. The CITY understands that the level of service,
the amount of consideration established and the terms of the Agreement are
based, in part, upon the information provided by the CITY. The CITY agrees to
indemnify the SHERIFF, and be responsible for any claim, damages, costs or
expenses incurred by the SHERIFF arising out of, or related to, the CITY'S
failure to disclose complete and accurate information to the SHERIFF.
ARTICLE 21— ENTIRE AGREEMENT
21.1 The parties acknowledge, one to the other, that the terms hereof constitute the
entire understanding and agreement of the parties with respect hereof. No
modification hereof shall be effective unless in writing, executed with the same
formalities as this Agreement is executed.
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IN WITNESS WHEREOF, the parties hereto execute this instrument, at the time set
forth below.
ATTEST: CITY OF BOYNTON BEACH
By: By:
Janet M. Prainito, MMC, City Clerk Woodrow Hay, Mayor
Dated:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
James A. Cheroff, City Attorney
ATTEST: SHERIFF OF PALM BEACH COUNTY
By: By:
Daniel R. Smith, Major Ric L. Bradshaw, Sheriff
Dated:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Sheriffs Attorney
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Exhibit A
1. Staff — City of Boynton Beach 2. Staff — Palm Beach County Sheriff's Office
Title Quantity Title Quantity Placement
Chief of Police 1 Captain 1 D j
Major 2 Major 0
Lieutenant 7 Lieutenant 1 D
Sergeant 24 Sergeants 14 D _
Detective First Grade 5 Sergeant (Detective) 1 D
Detective 21 Detectives 9 D _
0 Violent Crime Detective 1 C
0 Special Investigation Detectives 4 C _
0 Narcotic Agents Deputies 2 C _
0 Street Team Deputies 5 D _
0 Community Policing Deputies 6 D _
0 K -9 Deputies 4 C _
Police Officer 109 Deputies 80 D _
Dispatcher Supervisor 4 Communications Supervisor 1 C _
Dispatcher 16 Communications Officers 13 C _
Crime Scene Investigator 2 Crime Scene Technicians 2 C
Victim Advocates 2 Victim Advocates 0
Technical Services Manager 1 Technical Services Manager 0
Computer Systems Technicians 2 PC Technician 0
_ Animal Cruelty Investigator 1 Not Applicable 0
Crime Analyst 1 Criminal Inteligence Analyst 0
Administrative Assistants /Clerks 13 Clerical Specialists 3 D
0 Clerical S ecialists — Central Records 2 C
0 Administrative Secretary 1 D
0 Fleet Technician 1 C _
0 Evidence Technician 1 C
0 Community Services Aides 6 D
0 Cadet 1 D
Crossing Guards (Subcontracted) 30 Crossing Guards 30 C
Total 241 Total 189
D= District
C= Centralized Assignment — (Article 2 1 D)
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