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Home My WebLink AboutR-1983-018 RESOLUTION NO. 18 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN THE CITY OF DANIA AND GEORGE A. BRESCHER, SHERIFF OF BROWARD COUNTY; AND AUTHORIZING AND DIRECTING THE EXECUTION OF SAME BY THE APPROPRIATE CITY OFFICIALS ; AND PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING THAT THIS RESOLUTION SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION. i { BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: I + Section 1. That certain Agreement by and between the City < i j of Dania, a Florida municipal corporation, and GEORGE A. BRESCHER, 1 j Sheriff of Broward County, Florida, a true photocopy of which is attached hereto as Exhibit "A" be and the same is hereby accepted and approved ; and the Mayor-Commissioner, City Manager and City Clerk-Auditor be and they are hereby directed to execute same on behalf of the City. Section 2 . That all resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such con- , tir•a flict. Section 3 . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 22nd day of March, 1983. MAYOR-COMMISSION ATTEST: A/ � -Z CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS : FRANK C . ADLER, City Attorney i t i i i i A G R E E M E N T THIS AGREEMENT, made this _day of March, 1983, by and between GEORGE A. BRESCHER, Sheriff of Broward County, hereinafter referred to as "SHERIFF" , and the CITY OF DANIA, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" . i WHEREAS , Broward County owns and operates the Fort i Lauderdale-Hollywood International Airport; and, WHEREAS, Broward County is in the process of constructing a major expansion of said Airport, including among other things a new terminal, the extension of the major east-west runway, the relocation of U.S. Highway No. 1, and the relocation of the Florida East Coast Railway; and, WHEREAS, SHERIFF performs law enforcement services at the Airport pursuant to a contract with Broward County; and, y,_t WHEREAS, CITY operates a municipal police department which has the capability to provide additional law enforcement services at the Airport; and, WHEREAS, SHERIFF and CITY are willing to have CITY provide such additional services upon the terms and conditions set forth hereinbelow; NOW, THEREFORE, the parties hereby agree as follows: �. 1 . TERM. The term of this Agreement shall be seven (7) years, I commencing retroactive to and on October 1, 1982, and terminating on September 30, 1989 . 2 . BACKUP SERVICES CITY shall provide backup law enforcement services at the Airport at such times and from time to time when specific requests therefor are made by SHERIFF. Such requests may be made by SHERIFF when his Airport P personnel have been temporarily diverted to other functional areas of law enforcement, whether of an emergency or non-emergency nature. I The backup services to be provided by CITY pursuant J EXHIBIT A F7 hereto shall be in the following functional areas: —7 a) Vehicular traffic control immediately outside the Airport proper and, b) Traffic control for the auxiliary parking area to be located east of US 1 , near and adjacent to the major ingress and egress point for the Airport and, c) Traffic control for the proposed Griffin Road corridor and Perimeter Road to and from the Airport and, d) Emergency backup services for the Airport. 3. USE OF EQUIPMENT In connection with the services to be provided by this Agreement, CITY shall utilize its own vehicles and equipment unless SHERIFF in any particular instance makes available to { CITY, in his sole discretion, any of SHERIFF' S vehicles or equipment. 4. COMPENSATION. As a fee for CITY'S services hereunder, SHERIFF shall pay CITY an annual fee of Twenty Five Thousand ($25, 000 .00) Dollars, said fee to be payable within the first ten (10) working days of each October throughout the term hereof, except that the payment due for October, 1982, shall be paid within ten (10) working days of the execution of this Agreement. 5. INDEMNIFICATION. CITY agrees to indemnify and hold SHERIFF harmless from and against all liability, losses, or damages SHERIFF may suffer as a result of claims , demands, costs, lawsuits or judgments against him for acts of negligence or willful tort by CITY' S officers, agents, and employees arising out of their performance under this agreement. Said indemnification shall further include SHERIFF'S attorneys' fees, costs and expenses reasonably incurred in resisting, adjusting, compromising, or defending any such claims, demands, or lawsuits (both at the trial court and appellate court levels) . SHERIFF agrees to indemnify and hold CITY harmless from and against all liability, losses or damages CITY may suffer as a result of claims, demands, costs, lawsuits or judgments against it for acts of negligence or willful tort by SHERIFF'S officers , agents, and employees arising out of their performance II of their duties at Airport on those occasions when CITY is providing requested backup services pursuant to this Agreement. -2- J Said indemnification shall further include CITY'S attorneys ' fees, costs, and expenses reasonably incurred in resisting, adjusting, compromising, or defending any such claims, demands, or lawsuits (both at the trial court and all appellate court levels) . 6. INSURANCE. CITY shall provide and maintain insurance coverage and protection against any and all claims, lawsuits, actions, and damages for personal injury, loss of life, or damage to property arising from or incident to the acts of CITY, its officers, agents, and employees in providing the services i prescribed in this Agreement, such insurance to contain limits of not less than One Hundred Thousand ($100 , 000. 00) i Dollars for each injury, Three Hundred Thousand ($300 , 000 . 00) Dollars for each occurrence, and Fifty Thousand ($50, 000. 00) Dollars for property damage. CITY shall further provide and maintain comprehensive general liability insurance containing limits of not less than the amounts enumerated in the immediate preceding sentence. CITY shall provide SHERIFF with true copies of all i such insurance policies. i The minimum amounts of insurance coverage permitted I ' in this Paragraph shall not be deemed to and shall not limit or cap in any respect the scope and extent of CITY'S liability i and responsibility to SHERIFF under its indemnification obligation set forth in Paragraph 5 hereinabove. 7 . ASSIGNMENT. CITY shall not transfer, assign or delegate its duties or the performance of the services prescribed in this Agreement without the prior written consent of SHERIFF. -3- I J IN WITNESS WHEREOF, the parties have executed this Agreement in Broward County, Florida, on the day and year first mentioned at the beginning of Page One hereof. Wi esses: _ J FORE Elsa I o-- Sheriff Broward County i j CITY OF DANIA: ATTEST: By Mayor-Commissioner j City Clerk - Auditor Approved as to form By i and correctness: City Manager City Attorney :.fk r. i i J -4- 1