HomeMy WebLinkAboutR-2004-118-BSO NEW AGREEMENT ,1
RESOLUTION NO. 2004-118
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT
BETWEEN THE CITY OF DANIA BEACH AND KENNETH C.
JENNE, 11, SHERIFF OF BROWARD COUNTY FOR POLICE
SERVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That certain Agreement between the City of Dania Beach and
Kenneth C. Jenne, II, Sheriff of Broward County for police services, a copy of which
Agreement is attached and made a part of this Resolution as Exhibit "A", is approved
and the appropriate city officials are directed to execute it.
Section 2. That the City Manager and City Attorney are authorized to make
minor revisions to the Agreement with Kenneth C. Jenne, II, Sheriff of Broward County
as deemed necessary and proper for the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force upon its passage and adoption
® and shall be effective, retroactive to October, 1, 2003.
PASSED AND ADOPTED on July 27, 2004.
C.K. M C E LY�fX
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
�4XJ COMMISSIONER CHUNN- YES
LOUISE STILSON COMMISSIONER FLURY—YES
CITY CLERK VICE-MAYOR MIKES - YES
MAYOR MCELYEA - OUT OF ROOM
APPROVED AS TO FORM AND CORRECTNESS:
BY: �� kA
THWA JVAIK18BRO
CITY ATTORNEY
1 RESOLUTION NO. 2004-118
Agenda Request Form
® — x City of Dania BPar;h
Agenda Item ,.,r°
Date of Commission meeting: 6/8/2004
Description of Agenda Item: Approval of BSO contract
Commission action being requested:
Adopt Resolution or Ordinance ® Expenditure ® Award BID / RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
Other(Please explain)
A
Summa planat ion ry ex and ba ckgroundg b
The BSO contract expired September 30, 2003. A new contract was negotiated which will be retroactive
to October 1, 2003.
�4ttached exhibits,'and additional backup materiials.;(Please list).
Staff Memo
Resolution
Contract
For purchasing requests ONLY
Department: Amount:
Fund: General: ® Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Professional Services Account Number: 001-2100-521,31-10
Submitted by: ipato Date: 5/28/2004
Department Director: Date:
Admin. Services Director: Date:
Finance Director: pvarney Date: 5/28/2004
City Manager: ipato Date: 5/28/2004
AGREEMENT BY AND BETWEEN
THE CITY OF DANIA BEACH, FLORIDA
AND
KENNETH C. JENNE, II, SHERIFF OF BROWARD COUNTY
FOR POLICE SERVICES
THIS AGREEMENT, by and between the CITY OF DANIA BEACH, a
municipal corporation organized and existing under the laws of the State of Florida,
which municipality is fully located within the boundaries of Broward County, Florida,
hereinafter referred to as "CITY," and KENNETH C. JENNE, II, Sheriff of Broward
County, Florida, hereinafter referred to as "SHERIFF."
WITNESSETH
WHEREAS, the CITY has heretofore maintained a high level of professional
police protection for the benefit of the citizenry thereof, and
WHEREAS, the CITY is desirous of maintaining its chartered police power but
® wishes to contract with SHERIFF for police power services as set forth herein; and
WHEREAS, the CITY is desirous of maintaining a high level of competent
professional police service in conjunction and harmony with its program of austerity; and
WHEREAS, SHERIFF has agreed to render to the CITY a continuing high level
of professional police service and the CITY is desirous of contracting for such services,
upon the terms and conditions hereafter set forth.
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 I
LEVEL OF POLICE SERVICES
SHERIFF shall provide to CITY, for the term hereinafter set forth, as the same
may be extended in accordance with the provisions hereof, competent professional police
protection within and throughout the corporate limits of CITY to the extent and in the
mariner hereinafter described.
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1.1 Police Service shall be provided each day of the year, from year to year, on
a 24-hour per day basis., Except as otherwise hereinafter specifically set forth, police
services shall encompass all those duties and functions of the type coming within the
jurisdiction of and customarily rendered by municipal police departments and the Office
of the Sheriff of Broward County, including juvenile services, in accordance with the
Charter of the CITY, Charter of the County and the statutes of the State of Florida. Any
section in Article I herein relative to personnel schedules may be adjusted by the City
Manager based on recommendations of the District Commander, and concurrence by the
Sheriff. Said adjustments shall be consistent with established labor agreements.
1.11 A fully equipped, uniformed patrol force shall be maintained to include
Patrol units. A Patrol unit shall be defined to mean one marked patrol car with one
uniformed Deputy Sheriff and all standard support equipment.
1.2 The staffing structure of the Dania District will be as follows:
1 District Commander
2 Lieutenants
® 8 Sergeants
51 Deputy Sheriffs
1 Deputy Sheriff Motors
1 Deputy Sheriff—Passive Drug Dog Handler
1 Detention Deputy Sheriff
6 Community Service Aides
1 Crime Analyst
1 Clerical personnel
1 Secretary
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1.3 The uniform patrol force shall respond to and render aid in lifesaving and
in-progress crime scenes, and shall make every reasonable effort to respond to emergency
calls within three (3) minutes. The uniform patrol force,shall provide vacation house
check services and premises surveillance not less than once during each twenty-four (24)
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hour period for each resident of the CITY who registers for such service, and the uniform
® patrol force shall provide a high visibility profile in both residential and business areas.
1.4 SHERIFF shall answer and administer, on a twenty-four (24) hour daily
basis, all telephone communications related to police services at the Broward Sheriff's
Office Communication Center.
1.5 It is the responsibility of the District Commander or designee, to properly
assign personnel to adequately provide law enforcement services in the Dania Beach
District.
1.6 Utilizing the staffing structure as provided in Section 1.2 above, the
District Commander will provide the CITY with a total of twenty (20) sworn personnel
during a twenty-four (24) hour period subject to a three and one half percent (3.5%)
vacancy rate.
1.7 The SHERIFF agrees to notify the CITY if the staffing levels for any shift
are reduced below the following levels for a consecutive forty-eight (48) hour period:
a. First Shift (Alpha) - Six (6) patrol units and one (1) sergeant.
® b. Second Shift (Bravo) - Six (6)patrol units and one (1) sergeant.
C. Third Shift (Charlie) - Seven (7) patrol units and one (1) sergeant.
ARTICLE II
ANCILLARY SERVICES
In addition to those duties and responsibilities hereinabove described, SHERIFF
shall provide to the CITY, without additional cost therefore, the following expertise,
services and facilities, as the same might be required, from time to time:
1. Full service crime lab;
2. Helicopter patrol;
3. Organized Crime Investigations (includes Vice & Narcotics);
4. Prisoner and jail services;
5. Investigators from Central Criminal Investigations;
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6. Other Support Services, such as Traffic Homicide, Canine, etc..as
available to other SHERIFF districts or law enforcement
jurisdictions;
7. And other such units or services as the SHERIFF may provide
during the term of this Agreement.
8. School Resource Deputies consistent with SHERIFF policy and
pursuant to SHERIFF's contractual arrangement with the Broward
County School Board.
9. E-911 (police, fire, and EMS).
ARTICLE III
MAINTENANCE OF ABILITY
SHERIFF shall furnish to and maintain for the benefit of the CITY, all necessary
labor, supervision, equipment communication facilities and supplies necessary and proper
for the purpose of performing the services, duties and responsibilities set forth and
contemplated herein and as necessary to maintain the level of service to be rendered
® hereunder.
ARTICLE IV
ADDITIONAL SERVICES
4.1 SHERIFF shall provide to the CITY, upon the request of the CITY, which
request shall be made by resolution by the City Commission stating the necessity thereof,
such additional services as may be needed from time to time, as determined by the CITY
at its discretion.
4.2 The cost of such service shall be borne by the CITY and shall be payable
in such amounts and in such a manner as may be determined by mutual agreement, upon
each occurrence.
4.3 Notwithstanding anything to the contrary contained herein, in the event
the CITY should request additional police services, pursuant to the right imposed hereby,
particularly in the event of annexation, the cost of such services shall be calculated
pursuant to the projections of financial need and combined cost data set forth in Article
® VIII of this agreement, and upon the implementation of such additional force(s) all other
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provisions of this agreement shall apply equally and to the same effect as if such
additional force(s) was specifically described herein.
4.4 It is the intention of the CITY to add five (5) Deputy Sheriffs to the
staffing on or after July 1, 2005. The commencement date of such positions shall be
determined by the City Commission, upon providing BSO with no less than thirty(30)
calendar days prior written notice. The monthly cost of these positions shall be as
follows:
2004/2005 $46,914
2005/2006 $49,306
2006/2007 $51,821
2007/2008 $54,464
2008/2009 $57,241
ARTICLE V
EMPLOYMENT RESPONSIBILITY
5.1 All law enforcement officers, deputy sheriffs and other persons employed
by SHERIFF in the performance of the duties and responsibilities hereunder, shall be and
remain solely in the employ of SHERIFF, and no such persons shall be considered in the
employ of the CITY for the purpose of any pension, insurance, civil service, pay or other
compensation benefits. Accordingly, the CITY shall not be called upon to assume any
liability for or direct payment of any salaries, wages, or other compensation, insurance
premiums, workers compensation funds (Chapter 441, FSA), or any other amenities of
employment to those law enforcement officers, deputy sheriffs or other persons employed
by SHERIFF in the performance of the duties and responsibilities hereunder for the
benefit of said CITY and the residents thereof or any other liabilities whatsoever, unless
otherwise specifically provided herein. Likewise, unless specifically provided to the
contrary herein, the CITY shall not be liable for compensation, contribution or indemnity
to SHERIFF or the law enforcement officers, deputy sheriffs and employees thereof for
any injury or illness, of any kind whatsoever, arising out of such employment and the
performance of the duties and responsibilities contemplated herein, unless such injury or
illness results from the negligence of a city employee, agent, or representative.
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5.2 No employee who elects to join the Florida Retirement System shall be
® considered to bean employee of the CITY for the purpose of pension benefits. For those
transferred employees in the CITY sponsored plans, SHERIFF will give the CITY a
refund for the amount of contributions which SHERIFF would have paid to FRS on
behalf of those employees had those employees elected to become members of FRS. The
refund will be paid by SHERIFF through a check not by a reduction of the monthly
contract amount.
For so long as Marietta Rochelle is employed by BSO, the CITY will deposit into
the applicable plan(s) those portions of the refunded amounts which are regarded by the
pension plan(s) as employee contributions. The CITY contributions to the pensions plans
will be made in accordance with the plan documents, CITY ordinance and state law.
5.3 Each month, SHERIFF will furnish to the CITY's Finance Director a
report (by written "hard copy" or electronic data transfer) showing the gross
compensation by category and total paid to each SHERIFF employee who participates in
the CITY's pension plans. The report will show each employee's name, social security
® number, gross compensation for the month, and gross compensation by category for the
year to date. Gross compensation shall detail all monies received by the employee from
SHERIFF, and divided into categories including (but not limited to) wages, overtime,
premium pays, education incentives, payoff of accrued leaves, assignments pays and
detail pay.
5.4 So that the CITY pension boards can timely act upon applications for
disability benefits, SHERIFF will provide to the CITY's pension board, within one week
of receiving a written or telephonic request, all information concerning an employee's
medical history and on-the-job accidents or exposure to contagious diseases, including,
but not limited to results of physical examinations, health insurance claim records,
worker's compensation records, accident and injury reports, police reports (concerning
accidents or injuries to the affected employee), and toxicology test results. If any of these
records are in the possession of an insurance carrier, administrator or other third pasty,
SHERIFF shall request the release of these records to the CITY pension funds.
Notwithstanding anything to the contrary contained herein, information will be provided
to the CITY only to the extent permitted by law.
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5.5 Conditioned upon the deputies Bargaining Unit representative's approval,
® SHERIFF agrees to give the Dania trustees who are permanently assigned to the CITY,
selected by deputies electing to remain in the Dania Beach Plan, time off with pav to
attend and travel to and from Dania Beach Pension meetings, educational seminars and
other trustee business (such as depositions or court hearings) in accordance with the
terms of the Collective Bargaining Agreement between the Sheriff of Broward County
and the Bargaining Unit representative. The parties agree that any absence resulting from
the Dania Beach trustee's time off to attend and travel to and from Dania Beach Pension
meetings, educational seminars and other trustee business (such as depositions or court
hearings) shall not result in a vacancy.
5.6 Upon the request of the CITY or its pension boards, SHERIFF will
distribute to its employees who participate in CITY sponsored pension plans documents,
forms, and other written communications from the CITY plans. SHERIFF will also
maintain a supply of CITY pension plan beneficiary designation and benefit application
forms in the SHERIFF's DANIA BEACH station and will promptly forward completed
forms to the CITY pension boards.
5.7 SHERIFF will promptly notify the CITY pension plans if any SHERIFF's
employee who is a CITY pension plan participant should die, be adjudged incompetent,
or be convicted of a felony which could cause forfeiture of the employee's pension.
ARTICLE VI
EMPLOYMENT STANDARDS OF PERFORMANCE
6.1 SHERIFF shall have and maintain the responsibility for the rendition of
the services, the standards of performance, the discipline of personnel, and other matters
incident to the performance of the services, duties and responsibilities described and
contemplated herein.
6.2 Provided, however, that the CITY does hereby reserve the right and
SHERIFF does hereby acquiesce, in the CITY's right to require that SHERIFF transfer
such personnel who, in the determination of the CITY, fail to perform in a manner
consistent with the standards contemplated herein as same may be acceptable to the
CITY. Transfers requested by the City Administration will be only upon just cause and
® with the concurrence of SHERIFF.
6.3 The parties acknowledge that it is important for the CITY to have
SHERIFF'S personnel who are acquainted with the general makeup of the CITY and are
familiar with the geography, its industrial, business and residential composition, and its
crime problems. In furtherance thereof, the parties agree that, without impairing the
rights of the SHERIFF as an employer as provided here, SHERIFF shall not remove,
transfer or replace any of the personnel currently assigned to the CITY without
notification.
6.4 Upon written notice, the City Manager shall have the right to request the
transfer of or reassign of any deputies or employees subject to the Sheriffs approval,
which shall not be unreasonably be withheld.
6.5 Upon written notice, BSO shall have the right to transfer or reassign any
deputy or employees subject to the City Manager's prior written approval, which shall
not be unreasonably withheld. BSO shall provide CITY upon request with background
® information and personnel files of all BSO employees transferred in or out of Dania
Beach with the exception of any information exempt pursuant to the public records law.
ARTICLE VII
EMPLOYMENT AUTHORITY TO ACT
The CITY does hereby vest in each law enforcement officer and deputy sheriff
who may, from time to time, be assigned to the CITY 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 SHERIFF hereby, for the sole and
limited purpose of giving official and lawful status and validity to the performance
thereof by such sworn officers. Each such law enforcement officer and deputy sheriff so
empowered hereby and engaged in the performance of the services, duties and
responsibilities described and contemplated herein shall be deemed to be a sworn law
enforcement officer of the CITY while performing such services, duties and
responsibilities which constitute municipal functions and are within the scope of this
Agreement. Accordingly, each such law enforcement officer and deputy sheriff is hereby
8
vested with the power to enforce the ordinances of the CITY, to make arrests incident to
0 the enforcement thereof and to do such other things and perform such other acts as
necessary with respect thereto.
ARTICLE VIII
CONSIDERATION
8.1 In consideration of the services described herein, CITY agrees to pay
SHERIFF the SHERIFF's budgeted cost for each year, however the consideration
payable by the CITY to the SHERIFF will not exceed the following amounts, except as
set forth in this Agreement:
Fiscal Year Annual Payment Monthlv Payment
2003/2004 $6,737,470.00 $561,456.00
2004/2005 $7,137,972.00 $594,831.00
2005/2006 $7,499,564.00 $624,964.00
2006/2007 $7,879,485.00 $656,624.00
® 2007/2008 $8,278,664.00 $689,889.00
2008/2009 $8,698,077.00 $724,840.00
Each monthly installment shall be due and payable before the first of each month.
Upon the addition of the five (5) additional deputy sheriffs, as set forth in paragraph 4.4,
the monthly consideration for such deputies shall be added to the above consideration
numbers.
8.2 The parties acknowledge that the consideration provided in this Article
with respect to fiscal years 2003/2004, 2004/2005, 2005/2006, 2006/2007, and 2007/2008
includes a 3.5 percent vacancy rate. The CITY shall be entitled to an annual credit if the
annual vacancy rate exceeds 3.5 percent. A vacancy occurs when a deputy or employee
is absent from work and such absence results in a salary [regular salaries, special pay,
FICA taxes (regular and special pay only), retirement contribution/regular, retirement
contribution/special risk, and life and health insurance] savings to SHERIFF.
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8.3 The consideration recited herein, except as recited shall constitute the
® entire consideration to be paid hereunder and upon the payment thereof, in the manner
and at the times prescribed herein, the CITY shall have no further monetary obligations
to SHERIFF or any third party providing the services described in this agreement.
Notwithstanding anything to the contrary contained herein, CITY shall not be entitled to
a vacancy credit or any other credit unless the total annual amount paid by the CITY is at
least equivalent to SHERIFF's total cost for the Dania Beach District.
ARTICLE IX
FINES, FORFEITURES, PAYMENT
9.1 All law enforcement education funds levied and collected by the Clerk of the
Court and earmarked for City pursuant to Section 943.25, Florida Statutes, shall be assigned
to BSO's Dania Beach District and used by the BSO's Dania Beach District for the law
enforcement education purposes authorized in said Statutes. Apart from such funds, BSO
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 law enforcement activities.
9.2 CITY and BSO do hereby acknowledge that nothing contained herein shall in
any way be construed to impair the CITY's right to the disposition of fines and forfeitures to
which the CITY would be entitled, pursuant to Section 316.660, Florida Statutes, as the
same may be amended from time to time, or as to proceeds and forfeitures arising under the
sale or disposition of unclaimed property or under any statutory or common law proceeding
to which the CITY would otherwise be entitled, except as limited herein.
9.3 BSO agrees that any currency seized within the CITY, through active
participation of personnel assigned on either a regular or temporary basis to the Dania
Beach District, pursuant to this agreement and Chapter 932 of the Florida Statutes, and
subsequently forfeited to BSO, shall be deposited into the CITY Law Enforcement Trust
Fund in an amount which represents the Dania Beach District's share, as defined in
paragraph 9.7. Said funds shall be and always remain in the ownership of the CITY and
® BSO shall not have any right to ownership and control of such funds. During the term of
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this Agreement, such currency shall be earmarked for law enforcement purposes within
® the CITY in accordance with Chapter 932, Florida Statutes.
9.4 Upon concurrence of the District Commander and the City Manager, BSO
may apply to the CITY for the use of such funds, within the boundaries of the CITY, if
such application is in compliance with the Florida Statutes. Said request shall be
submitted to the BSO legal advisor for a determination of the legality of the request. Any
application to use such funds shall be accompanied by a written certificate that such
request complies with the provisions of Chapter 932, Florida Statutes, as said Statutes
may be amended from time to time.
9.5 The decision to dispose of or use real property seized within the CITY,
through active participation of personnel assigned on either a temporary or permanent
basis to the Dania Beach District and subsequently forfeited to BSO, shall be in the sole
discretion of the CITY. BSO may apply to the CITY to dispose of the real property,and,
if approved by the CITY, BSO shall allocate funds to the CITY's Law Enforcement Trust
Fund equivalent to the Dania Beach District's share, as defined in paragraph 9.7, of the
® sales price less any selling costs, loans, mortgages, liens, encumbrances and the CITY's
proportionate share of the reasonable actual forfeiture costs including, but not limited to
court costs, attorney fees, publication costs, storage charges, security, and maintenance
costs. During the term of this Agreement, such allocated funds shall be earmarked for
use within the confines of the City for law enforcement purposes in compliance with
Chapter 932, Florida Statutes. In the event it is decided to initially use the real property
and such property is subsequently disposed of, BSO shall allocate the net proceeds from
said disposition to the CITY's Law Enforcement Trust Fund. In the event that this
Agreement is terminated prior to the disposition of the property, said property shall be
turned over to the CITY.
9.6 The decision to dispose of or use personal property seized within the CITY
through active participation of personnel assigned on either a temporary or permanent
basis to the Dania Beach District and subsequently forfeited to BSO, shall be in the sale
discretion of the CITY. BSO may apply to the CITY to use personal property outside the
CITY, and, if approved by the CITY, BSO shall allocate funds to the CITY's Law
® Enforcement Trust Fund equivalent to the Dania Beach District's share, as defined in
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paragraph 9.7, of the mutually agreed upon fair market value of such personal property
less any lien on such property. In the event the personal property is used within the
CITY, such property will be used within the CITY until the earlier of disposition of such
property or termination of this Agreement. In the event the property is disposed of prior
to termination of this Agreement, BSO shall allocate the net proceeds from said
disposition to the CITY's Law Enforcement Trust Fund. In the event that this Agreement
is terminated prior to the disposition of the property, said property shall be turned over to
the CITY. During the term of this Agreement, such allocated funds shall be earmarked
for use within the confines of the City for law enforcement purposes in compliance with
Chapter 932, Florida Statutes.
9.7 The Dania Beach District's share will be based upon the ratio that the
participation of the Dania Beach District's personnel, assigned on either a temporary or
permanent basis, bears to the participation of all law enforcement agencies and units
participating in the seizure of the property.
9.8 BSO shall, on a quarterly basis, supply the CITY with a written report of the
above-described fines and forfeitures. Such report(s) shall include a description and
estimate of value of properties seized under the laws of the State of Florida, whether or
not disposition thereof has been adjudicated. Moreover, such report(s) shall be amended,
from time to time, by reflecting the ultimate disposition of property described in an
earlier report(s), and such amendatory report(s) shall be submitted to the CITY within ten
(10) days of the ultimate adjudication with regard to the seizure of such property.
ARTICLE X
SPECIAL EQUIPMENT PROVISO
SHERIFF shall provide fully equipped patrol vehicles which shall bear, in
addition to such other names as might be required by law, the name "DANIA BEACH"
in letters no less than two (2) inches in height.
ARTICLE XI
DISTRICT COMMANDER/LIAISON
11.1 The District Commander/Chief shall, among other specified duties, act as
liaison between the CITY and SHERIFF.
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11.2 The selection of a District Chief at the commencement of this Agreement
and upon any vacancy thereafter shall be at the discretion of the City Manager and which
shall be initiated by SHERIFF selecting three (3) qualified candidates for the position of
District Chief. SHERIFF agrees to make such selections in good faith and in the best
interest of the CITY. SHERIFF shall provide the CITY with written notification of the
selected candidates and their qualifications. Within ten (10) days after the CITY's receipt
of such notice, representatives from SHERIFF shall meet with the City Manager to
discuss the candidates' qualifications. The City Manager shall have the opportunity to
interview each of the candidates. In the event these candidates are unacceptable,
SHERIFF and CITY will work jointly and cooperatively toward identifying an acceptable
candidate.
11.3 In the event the CITY becomes dissatisfied with the performance of the
District Chief, the CITY shall provide written notification to SHERIFF. Thereafter,
representatives of SHERIFF and the CITY shall meet to discuss possible remedies of the
problems experienced by the CITY. SHERIFF agrees to act in good faith in resolving
any problems experienced by the CITY. The City Manager may request the removal of
.the District Commander/Chief at any time.
11.4 SHERIFF shall continually maintain at the CITY, in the offices provided
for such purpose in the Public Safety Facility, its liaison office which shall be staffed by
the District Chief
ARTICLE XII
REPORTING
12.1 In recognition of the CITY's need to be informed of SHERIFF'S District's
activities, SHERIFF'S District Chief and the CITY Manager will develop a mutually
agreed upon reporting format(s) and reporting period, whereby SHERIFF will report its
activities to the CITY Manager. 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.
12.2 SHERIFF and CITY agree that the measure of performance is important in
the accountability process. In as much as fiscal and legal restraints limit the options
available between the parties to exercise variable performance related sanctions or
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rewards, it is the intent of both parties to demonstrate the willingness and ability to
deliver the highest performance and service available. In that spirit, SHERIFF agrees to
provide to CITY in June of each fiscal year, a report on the accomplishments,
achievements as well as measurable levels of citizen satisfaction provided by continual
random citizen satisfaction surveys conducted by SHERIFF of the citizens of Dania
Beach. SHERIFF agrees that the contents of the annual presentation made to the CITY
by the District Chief will be mutually agreed upon by SHERIFF and the CITY Manager.
ARTICLE XIII
CITY DISTRICT
13.1 SHERIFF shall maintain a division headquarters in the CITY which shall
be referred to and known as "Office of the Sheriff of Broward County, Dania Beach
District," 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and for
purposes of this document referred to as the "District Office". Additionally, the
SHERIFF has exclusive use of a portion of the Dr. Herman Wrice Community Center
Office located at 803 N.W. I" Street, Dania Beach, Florida. The portion of the Dr.
Herman Wrice Community Center Office that is used exclusively by the SHERIFF shall
hereinafter be referred to as the "Community Center."
13.2 The use and occupancy by SHERIFF of the District Office and Community
Center shall include the use in common with others entitled thereto of the automobile
parking areas, driveways, pathways, entrance ways, 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 Agreement. The CITY
agrees to designate adequate parking spaces for SHERIFF's exclusive use.
13.3 SHERIFF agrees to keep the District Office and Community Center in a
neat, clean and sanitary condition. SHERIFF further agrees not to destroy, deface,
damage, impair, or remove any part of the District Office or Community Center. In the
event SHERIFF, its employees, agents, or invitees destroy, deface, damage, impair, or
remove any part of the District Office or Community Center, SHERIFF shall be
responsible for repairing or replacing such property.
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13.4 SHERIFF agrees to properly maintain the District Office and Community
• Center interior by providing general care and cleaning to those offices, halls, windows,
and bathroom facilities used exclusively by SHERIFF, excepting only reasonable wear
and tear.
13.5 SHERIFF shall be responsible for any and all minor repairs to the District
Office and the Community Center interior walls, floors, carpet, furniture, windows,
interior plumbing fixtures, and interior electrical fixtures, reasonable wear and tear
excluded. For purposes of this paragraph, a minor repair is a repair not exceeding one
thousand two hundred fifty dollars ($1,250.00). The CITY shall be responsible for any
and all replacements, capital expenditures, and major repairs to the interior of the District
Office and Community Center, unless such replacement, repair, or capital expenditure is
directly attributed to SHERIFF's abuse. For purposes of this paragraph, a major repair is
any repair exceeding one thousand two hundred fifty dollars ($1,250.00).
Notwithstanding anything to the contrary contained herein, the CITY shall be responsible
for all-structural repairs, as provided in paragraph 13.6.
13.6 CITY covenants to keep the District Office and Community Center in good
structural repair. CITY shall maintain and keep in good repair the roof, outside lighting,
outside walls, foundations, sidewalks, ceilings, doors, windows, sprinkler and hot water
systems, heating systems, air conditioning systems, plumbing, wiring, outside 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 SHERIFF'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.
13.7 SHERIFF shall pay for janitorial, electrical, and water services to the District
Office and Community Center for the term of this agreement.
13.8 Upon the CITY's consent, SHERIFF shall have the right to attach fixtures,
and erect structures or signs, in or upon the District Office and Community Center, which
fixtures and structures, or signs, so placed in, or attached to the District Office shall be
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and remain the property of SHERIFF and may be removed or otherwise disposed of by
SHERIFF within twenty (20) days after the effective date of the termination of this
agreement. The CITY's consent may not be unreasonably withheld.
13.9 SHERIFF agrees to maintain front desk coverage at the District Office
during the hours of 8 a.m. to 10 p.m. Monday through Saturday, and from 8 a.m. to 4
p.m. on Sunday to respond to citizen and CITY inquiries.
13.10 SHERIFF agrees to provide front desk coverage at the Community Center
during the hours of 9 a.m. to 5 p.m. Mondays, Wednesdays and Fridays only, excluding
holidays.
ARTICLE XIV
INSURANCE
SHERIFF shall maintain, in addition to those policies of insurance required and
contemplated in Article V hereof, liability and automobile policies of insurance in the
amounts hereinafter described:
• 14.1 Liability $1,000,00051,000,000.
14.2 Automobile $1,000,00051,000,000.
14.3 Sheriff shall maintain the respective liability and automobile policies of
insurance throughout the terms of this agreement, as the same may be extended in
accordance with the provisions hereof.
14.4 The cost of all policies of insurance required hereunder shall be the
obligation of SHERIFF, and the CITY shall in no way be responsible therefor.
14.5 SHERIFF reserves the right to provide the above-stated insurance under a
self-insurance plan.
ARTICLE XV
HOLD HARMLESS
To the extent permitted by law, SHERIFF shall hold CITY harmless from any and
all manner of action and actions, cause and causes of action, suits, trespasses, damage,
judgments, executions, claims and demands of any kind whatsoever, in law or in equity,
which may result from or arise out of the negligent or wrongful acts or omissions of the
• employees of SHERIFF while acting within the scope of their employment; and
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SHERIFF shall indemnify the CITY for any and all damages, judgments, claims, costs,
expenses, including reasonable attorney's fees, which the CITY might suffer in
connection with or as a result of the negligent or wrongful acts or omissions and the
alleged negligent or wrongful acts or omissions of the employees of SHERIFF �Nhile
acting within the scope of their employment. SHERIFF will 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.
ARTICLE XVI
INDEPENDENT CONTRACTOR
SHERIFF, for the purpose of this Service Agreement, is and shall remain an
independent contractor; provided, however, such independent contract status shall not
diminish the power and authority vested in SHERIFF and its sworn officers pursuant to
Article VII.
• ARTICLE XVII
TERM
This Service Agreement shall remain in full force and effect commencing October
1, 2003, nunc pro tunc, and ending September 30, 2008, all dates inclusive, unless this
Service Agreement be otherwise extended or terminated in accordance with the terms
hereof.
ARTICLE XV1II
OPTION TO RENEW
This Agreement may be renewed, for an additional five (5) year term upon mutual
agreement of the parties. The CITY agrees to furnish BSO notice of its intent to renew
this Agreement no less than ninety (90) calendar days prior to the expiration of this
Agreement.
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ARTICLE XIX
TERMINATION
19.1 SHERIFF does hereby acknowledge that CITY is making this Agreement
in reliance upon SHERIFF'S fulfillment of the obligations herein imposed for the full
term contemplated herein. Accordingly, SHERIFF does hereby acknowledge that
SHERIFF shall have no right of termination without cause during the initial term hereof
and/or during the option period, should the CITY elect to exercise same.
19.2 CITY may terminate this Service Agreement by giving written notice
thereof, to SHERIFF; provided, however, that such termination shall not be effective
until the ninety-first (91) day after the receipt thereof by SHERIFF.
19.3 In the event of termination by CITY, CITY shall render such aid,
coordination and cooperation to SHERIFF that might be required for an expeditious and
efficient termination of service.
ARTICLE XX
TRANSITION
20.1 In the event of the termination or expiration hereof, SHERIFF and CITY
shall cooperate in good faith in order to effectuate a smooth and harmonious transition
from SHERIFF to a CITY Police Department and to maintain during such period of
transition the same high quality of police protection otherwise afforded to the residents of
the CITY pursuant to the terms hereof. In the event of such termination or expiration and
in the further event that the CITY is unable to provide the same level of police protection
through its own police force at the time of such termination or expiration, the then
pending term of this Agreement shall be deemed automatically extended for a period of
ninety (90) days or until CITY is capable of rendering such police service, whichever
occurs sooner.
20.2 The remunerations to be paid to SHERIFF during the transition period shall
be commensurate with the cost to the SHERIFF.
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ARTICLE XXI
. EQUIPMENT RE-PURCHASE
21.1 In the event of the termination or upon the expiration of this Agreement.
CITY shall have the option to purchase from SHERIFF, and upon the exercise of such
option, SHERIFF shall sell to CITY any and all pieces of equipment, including police
vehicles, directly attributable to or in use by the Dania District at the time of such
termination or expiration of this agreement in connection with the services contemplated
herein.
21.2 The market value and condition of said equipment shall be determined by
mutual agreement or appraisal by an appraiser mutually agreed upon by the parties.
2 1.3) Upon the exercise by the CITY of its option to purchase the subject
equipment, SHERIFF shall convey all of its right, title and interest thereto, including
police vehicles, to the CITY by Bill of Sale Absolute or Certificate of Title, as applicable.
ARTICLE XXII
TOWING
It is recognized that the CITY OF DANIA BEACH may enter into towing
agreements from time to time with local vendors. From time to time, SHERIFF, through
his agents or employees investigate traffic cases and/or fatalities which require stringent
custodial procedures where criminal evidence is involved. The SHERIFF shall honor the
CITY's agreements with local vendors concerning towing within the municipal
boundaries of the CITY OF DANIA; provided however, that the vendors meet all of the
SHERIFF's specifications with regards to maintaining criminal evidence and its ability to
provide adequate insurance coverage to the satisfaction of the Director of the SHERIFF's
Risk Management Division. SHERIFF reserves the right to tow if vendor fails to comply
with said specification. Further the SHERIFF also reserves the right to continue to use
the towing services other than those of the local vendors with regards to all
confiscations/forfeiture cases occurring within the CITY OF DANIA BEACH.
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ARTICLE XXIII
• SPECIAL DETAILS
23.1 Any and all special details performed for the CITY shall be paid based
upon the terms and conditions of the CITY's permit filed with BSO Special Details Unit.
23.2 SHERIFF will provide security and traffic control for three (3) CITY
sponsored events per fiscal year, identified as; The Main Street Tomato festival, The July
4ch Dania Beach Centennial Salute to Our Military, and Dania Beach Pioneer Days at no
additional cost to the CITY. For the second year of the contract, SHERIFF will also
provide traffic control and security for the November 14, 2004 Centennial Celebration at
no additional cost to the CITY. Any additional CITY sponsored events above the three
listed previously must be identified in writing by the CITY Manager and agreed to by
SHERIFF.
ARTICLE XXIV
AUTHORITY TO EXECUTE NO CONFLICT CREATED
24.1 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
powers vested in him under Article VIII of the Constitution of the State of Florida, and
the Statutes of the State of Florida.
24.2 Nothing herein contained or no obligation on the part of SHERIFF to be
performed hereunder shall in any way be contrary to or in contravention of any policy of
insurance of surety bond required of SHERIFF pursuant to the laws of the State of
Florida.
24.3 The City Manager, Mayor and City Clerk by their respective executions
hereof, do each represent to SHERIFF that they, collectively, have full power and
authority to make and execute this Agreement on behalf of the City of Dania Beach,
pursuant to the resolution of the City Commission of Dania Beach.
24.4 Nothing herein contained is in any way contrary to or in contravention of the
Charter of the CITY OF DANIA BEACH, or the laws of the State of Florida.
•
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• ARTICLE XXV
NOTICE
All notices required to be given hereunder shall be by first class mail except, that
any Notice of Termination shall be mailed via U.S. mail, return receipt requested. All
such notices shall be addressed as follows:
CITY: City Manager
CITY OF DANIA BEACH
City Hall
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
SHERIFF: SHERIFF KENNETH C. JENNE, III
Broward County Sheriff's Office
2601 West Broward Blvd
Fort Lauderdale, FL 33312
ARTICLE XXVI
NON-ASSIGNMENT
• SHERIFF shall not assign any of the obligations or benefits imposed hereby or
contained herein, unless upon the written consent of the CITY, which consent must be
evidenced by a duly passed resolution.
ARTICLE XXVII
ENTIRE AGREEMENT AMENDMENT
The parties acknowledge, one to the other, that the terms hereof constitute the
entire understanding and agreement of the parties with respect hereto. No modification
hereof shall be effective unless in writing, executed with the same formalities as this
Agreement is executed.
[Intentionally Left Blank]
•
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AGREEMENT BY AND BETWEEN THE CITY OF DANIA BEACH AND
• KENNETH C. JENNE, Il, SHERIFF OF BROWARD COUNTY FOR POLICE
SERVICES.
IN WITNESS WHEREOF th�Parties hereto have caused their respective agents
to execute this instrument on,their belialf, at the times set forth below:
CITY OF DANI,A RAC 'FLORIDA
f j _-- .
Date: x�
IVAN P TO,, ITY MANAGER"
Date:
C. YE , AYOR
ATTEST: �-�?
G tt-1-1- - -lam-Y-d'o Date: - �-
LOUISE STILSON, CITY CLERK
Approved as to form and legal sufficiency
• subject to execution b�the parties:
r �
By: J'/
Date:
THOMM J. ANSBRO, CITY ATTORNEY
KEN ETH . JENNE, , SHERIFF OF BROWARD COUNTY
KENN4TH C. JENNE, II Date:
Sheriff
Approved as to form and legal sufficiency
sub,ectJo execu on by the parties:
v
By: L Date:
Department of Legal Affairs
hAdocskontract0ania Contract renewa103
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