HomeMy WebLinkAboutR-1990-98 I
RESOLUTION NO. 98-90
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THAT CERTAIN SERVICE AGREEMENT
BETWEEN THE CITY OF DANIA, FLORIDA AND NICK
NAVARRO, AS SHERIFF OF BROWARD COUNTY; AND
PROVIDING FOR AN EFFECTIVE. DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Service Agreement dated the
9th day of _ October 1990, between the City of Dania, Florida
and Nick Navarro, as Sheriff of Broward County, a copy of which is
annexed hereto and made a part hereof as Exhibit "A" , be and the
same is hereby approved and the appropriate city officials are
directed to execute same.
Section 2. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 9'-h— day of October 1990.
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ATTEST:
C�CLERI AUDITOR
APPROOVAVED AA�S //TK�O FORM AND CORRECTNESS
By:_d� G. 4
FRANK C. ADf.F,R, Cnty Attorney
Resolution No. 98-90
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i SERVICE AGREEMENT
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{ THIS AGREEMENT, by and between the CITY OF DANIA, a
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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 NICK NAVARRO, Sheriff of Broward County,
Florida, hereinafter referred to collectively as , "SHERIFF. "
W I T N E S S E T H
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 r
WHEREAS, the CITY is desirous of maintaining a high
level of competent professional police service in conjunction and 1
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
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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 : POLICE SERVICE LEVEL OF
SHERIFF shall provide to CITY, for the term hereinafter
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set forth, as the same may be extended in accordance with the
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provisions hereof, competent professional police protection
within and throughout the corporate limits of CITY to the extent
and in the manner hereinafter described;
EXHIBIT "A"
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{ 1 .1 Service shall be provided each day of the year,
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from year to year, on a 24-hour per day basis , and such service
shall be of a standard corresponding to, but not less than, the
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level of service provided by personnel of the former Police
Department of the City of Dania.
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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. It is planned that
each deputy will have a take home car, however this will take at
least two (2 ) fiscal years to complete, commencing fiscal year
1989 through and including March 1991 . It is contemplated that
these employees previously employed by the City of Dania and who
are hired by the SHERIFF as deputies shall be among the first to
receive take home vehicles provided said employee(s) reside
, . within the municipal boundaries of the City of Dania. The
following minimal criteria shall be maintained:
1 .12 Shift shall mean and include service provided on
an eight (8) hour basis unless revised by mutual agreement of the
parties; the commencement hour of any shift shall be determined
and established from time to time by "SHERIFF. " If, during a
barticular shift, the assigned manpower is reduced to less than
four (4) deputies because of court appearances, then SHERIFF
agrees to temporarily assign replacements .
1 .2 . 1 First Shift (Alpha) Five (5) patrol units
and one ( 1 ) Sergeant on duty specifically for the
benefit of DANIA for seven days a week.
1 .2 . 2 Second Shift (Bravo) Five (5 ) patrol units and
one ( 1 ) Sergeant on duty specifically for the
benefit of DANIA seven days a week .
1 . 2 .3 Third Shift (Charlie) Six (6 ) patrol units
and one ( 1 ) Sergeant on duty specifically for the
benefit of DANIA seven days a week .
1 .2.4 It is contemplated that it will take twenty-
eight (28) Deputies and Six (6) Sergeants to
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accomplish this level of service stated in
Sections 1 .2 . 1 , 1 . 2 .2, 1 . 2. 3 . Failure of SHE i j RIFF
to provide staff levels on a daily basis as
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specified in Sections 1 .2 . 1 , 1 . 2.2 and 1 . 2.3
shall cause the CITY to receive a credit for
each hour of service due. Said credit shall be
calculated using the hourly rate of pay of
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"Step D" of the affected class . Credits shall
only be deducted from the monthly payment after
the SHERIFF has received ten (10 ) days notice of
the amount to credit .
1 .2 .5 The following is a list of other personnel which
will be assigned to the CITY to provide appro-
priate police service based upon a standard
SHERIFF'S work week:
(A) One ( 1 ) District Commander with the rank of
- Captain.
(B) One Lieutenant
(C) One Sergeant and four (4 ) Deputies will be
assigned to provide general investigatory
services exclusively in the CITY OF DANIA.
(D) Six (6) Community Service Aides will be
assigned as needed . A Community Service
Aide will be on duty at the District Head-
quarters seven (7 ) days a week, twenty-four
(24) hours a day.
(E) Two clerical personnel and one secretary
will be assigned to handle various clerical
dutil s in addition to answering phones and
dealing with walk-in complaints .
(F) One ( 1 ) Communications Operator and one (1 )
Record Specialist will be assigned to their
respective functions and assigned at the
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Communications and Records Divisions of BSO.
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i (G) One (1 ) Deputy will be assigned to the
Tactical Unit
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(H) Three (3) Deputies will be assigned to
complement the staffing levels provided in
Sections 1 . 2. 1 , 1 . 2 .2, and 1 . 2 . 3 above.
( I) When annexation occurs, after January 1 ,
1990, which adds any area including: Dania
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Beach cut-off canal to the North - Florida
Power & Light powerlines ( just beyond SW 35
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Avenue) to the West - Ravenswood to the East
i an irregular Southern boundary extending to
SW 52nd Street, two (2 ) additional deputies
and one tactical deputy will be added and
the contract amended to reflect the
additional cost.
1 .3 The uniform patrol force shall respond to and
render aid in lifesaving and in-progress crime scenes, and the
response time incident thereto shall not exceed three ( 3 )
minutes. Said Lieutenant (senior deputy) shall be on duty at the
local police facility five (5) days a week, Monday through
Friday, for a full eight (8 ) hour shift excluding approved B.S .O
holidays . The uniform patrol force shall provide vacation house
check services and premises surveillance not less than once
during each twenty-four (24 ) 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 administrate, on a twenty-
four (24) hour daily basis , all telephone communications related
to police services at the Broward Sheriff ' s Office Communication
Center.
Except as otherwise hereinafter specifically set forth
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such professional 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
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services, in accordance with the Charter of the CITY, Charter of
the County and the statutes of the State of Florida. Any section
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in Article I herein relative to personnel schedules may be
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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 .
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:
2 .1 Full service crime lab
2 .2 Helicopter patrol
2 .3 Narcotics unit
2 .4 Organized crime unit
2 .5 Prisoner and jail service
2 . 6 Homicide investigative services
2.7 County-wide Selective Enforcement Team
Sheriff agrees to notify CITY when the County-wide
Selective Enforcement Team enters the municipal
boundaries of the City of Dania. However, the
SHERIFF reserves the right to forego any notice
to the CITY if such notice would compromise an
investigation being conducted or under exigent
circumstances and when time is of the essence.
2.8 A full records service including those police
function records previously transferred to
SHERIFF by CITY
2 . 9 Any other service which the SHERIFF provides
to other Broward cities not under contract
2 . 10 Any such other units or service as the SHERIFF
may have or add during the term of this Agreement.
2. 11 SHERIFF shall answer and administrate, on a twenty-
four ( 24 ) hour daily basis, all telephone commu-
nications which were answered by the personnel of I
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the former Dania Police Department.
2 . 12 SHERIFF 'S C.O.P.E. Program
2.13 SHERIFF'S P.A.L. Program
2 .14 In addition to the foregoing SHERIFF agrees to
provide CITY at no additional cost, a central
dispatch center, on E-911 communication system,
necessary to fulfill the obligations of SHERIFF
under this contract .
ARTICLE III : MAINTENANCE OF ABILITY
SHERIFF shall furnish to and maintain for th
e benefit of
the CITY, without additional cost therefore, 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 rr
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. 1 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 .2 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 Section 8 .2 of Article VIII of
this agreement, and upon the implementation of such additional
force(s) all other provisions of this Agreement shall apply
equally and to the same effect as if such additional force(s) was
specifically described herein.
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ARTICLE V: EMPLOYMENT RESPONSIBILITY
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, workmen's 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 f
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.
5 .1 SHERIFF agrees that any employee transferring
employment from the CITY may transfer their accumulated hours of
unused sick leave and vacation benefits. If a transferring
employee leaves the employment of SHERIFF within three years of
October 1 , 1988 of the contract the liability for the payment of
the accrued benefits will lie with the CITY. The liability will
be calculated by multiplying the total hours transferred by the
employees hourly rate upon separation from the SHERIFF.
5 . 2 It is agreed that there are sixty-one (61 )
employees presently assigned within the CITY' S Police Department.
SHERIFF agrees that he will employ as deputies or otherwise
employ all sixty-one (61 ) employees provided, however, that said
employees successfully pass a pre-employment urinalysis screening
test administered by the SHERIFF'S Office. J
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5. 3 Further, employees of the CITY reserve the right to
determine how they will choose payout/or disposal of their
previous pension benefits accumulated while in the employ of CITY
pursuant to applicable Florida Statute.
5.4 No employee who elects to join the Florida
Retirement System shall be considered to be an employee of the
CITY for the purpose of pension benefits. For those employees
electing to remain 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.
The CITY will deposit those portions of the
credited amounts which are regarded by the pension plans as
employee contributions being an amount equal to 7% for police
officers and 5% for civilian personnel. of each CITY pension plan
participant' s biweekly gross compensation for base salary from
SHERIFF. The CITY contributions to the pensions plans will be J
made in accordance with the plan documents, CITY ordinance and
state law .
5 .5 Each month, SHERIFF will furnish to the CITY' s
pension boards 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 .6 So that the CITY pension boards can timely act upon
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applications for disability benefits, SHERIFF will provide to the
CITY' s pension boards, 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
party, SHERIFF shall request the release of these records to the
CITY pension funds.
5. 7 SHERIFF's employees who are elected as trustees of
the CITY sponsored pension plans shall be given time off with pay
to attend pension plan trustee meetings and to attend pension
fund educational seminars and conferences (maximum of five (5)
days per year for seminars and conferences) if the times of such
meetings, conferences or seminars conflict with the employee 's
regular SHERIFF's schedule. a ,
5 .8 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 both the SHERIFF ' s Personnel Department and
in the SHERIFF's DANIA station and will promptly forward
completed forms to the CITY pension boards. SHERIFF will also
distribute pension trustee election ballots to participants in
CITY sponsored pension plans and will promptly forward completed
ballots to the CITY.
5.9 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
5 . 10 If necessary, further clarification regarding the
method of calculation of pension contributions and leave accruals
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may be set forth or further explained in a letter of
understanding.
Employees of the CITY shall preserve their seniority
effective as of the date of hire with the CITY OF DANIA. All due
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process rights established by law, policy, procedures, or
contract shall be afforded to all qualified deputies as those
rights pertain to seniority, discipline, layoff or discharge in
the Broward Sheriff 's Office.
ARTICLE VI : EMPLOYMENT STANDARDS OF PERFORMANCE
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 .1 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 . 2 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 in Article VI above, SHERIFF shall not remove, transfer
or replace any of the personnel currently assigned to the CITY
without notification .
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
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powers of the CITY, which are necessary to implement and carry
forth the services, duties and responsibilities imposed upon
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SHERIFF hereby, for the sole and limited purpose of g 9
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 vested with the power to enforce the ordinances of the
CITY, to make arrests incident to the enforcement thereof and to
do such other things and perform such other acts as necessary
with respect thereto.
ARTICLE VIII : CONSIDERATION
8 . 1 The CITY shall pay to SHERIFF, in consideration of
the services and responsibilities to be performed, for the term
hereof, the sum of Two Million Six Hundred Seventy-Three
Thousand, Eight Hundred Seventy Dollars ($2 ,673 ,870 . ) which sum
shall be payable monthly, in advance, in equal installments of
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Two Hundred Twenty-Two Thousand Eight Hundred Twenty-Two an
50/100 ($222,822 . 50) for the period beginning October 1 , 1990
and ending September 30, 1991 .
8 .2 The CITY agrees to pay SHERIFF a sum not to exceed
a four/one-half percent (4 .5% ) increase for operations for the
period of this agreement beginning October 1 , 1991 and ending
September 30 , 1992. Said increase shall only be approved after
the SHERIFF has provided detailed financial backup justifying the
increase to the CITY.
8 . 3 During the period October 1 , 1990 through September
30, 1992 of this agreement, said amount shall be subject to an
adjustment in the event the Board of County Commissioners of
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adjustment for law enforcement officers, deputy sheriffs or other
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persons employed by SHERIFF, in which event the above sums shall
be increased by the amount of said cost of living increase or
base pay adjustment. Said amount shall be due and payable on or
before October 1, 1991 and October 1, 1992.
8.4 The CITY agrees to continue to provide the space
now occupied by SHERIFF as a district headquarters. The space is
provided at no cost to SHERIFF. SHERIFF will reimburse the CITY
for electric, and water. SHERIFF will be responsible for
telephone and janitorial service as well as minor repairs,
maintenance services and air conditioning for the premises but
SHERIFF will not be responsible for major structural repairs of
the premises .
8 .5 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 r
obligations to SHERIFF or any third party providing the services r/
described in this agreement.
ARTICLE IX: FINES, FORFEITURES, PAYMENT
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 over to
SHERIFF and used by SHERIFF for the law enforcement education
purposes authorized in said statute. Apart from such funds,
SHERIFF shall have no claim or right to any other monies or
things of value which CITY receives or may hereinafter receive by
way of entitlement programs, grants or otherwise in connection
with police or law enforcement activities .
9 . 1 CITY and SHERIFF do hereby acknowledge, one to the
other, that nothing contained herein shall in anywise be
construed to vitiate the CITY'S right to the disposition of fines
and forfeitures to which the CITY would be entitled, pursuant to
Section 316.0261 F.S.A. , as the same may be amended from time to
time, or as to proceeds and forfeitures arising under the sale or I
disposition of unclaimed property or under any statutory or —J
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entitled, except as limited by Section 9 . 2 hereof.
9 . 2 SHERIFF agrees that any property or currency seized
within the DANIA DISTRICT, pursuant to Chapter 932 of the Florida
Statutes, and subsequently forfeited to SHERIFF, shall be
specifically designated and used within the DANIA DISTRICT for
purposes set forth in Chapter 932 .
9.3 SHERIFF shall, on a quarterly basis, supply the
CITY a written record of such fines and forfeitures to which the
CITY is entitled as a result of the enforcement of the ordinances
of the CITY and laws of the State of Florida. 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 r
the CITY within ten ( 10) days of the ultimate adjudication with
regard to the seizure of such property. tt
ARTICLE X: SPECIAL EQUIPMENT PROVISO
SHERIFF shall do the following in furtherance of the
,., fulfillment of the responsibilities imposed hereby and the intent
contemplated herein, without additional costs therefor.
10. 1 Provide fully equipped patrol vehicles which shall
bear, in addition to such other names as might be required by
law, the name "DANIA" in letters no less than two ( 2 ) inches in
height.
ARTICLE XI : DISTRICT COMMANDER/LIAISON
A liaison shall be maintained between the CITY and
SHERIFF through the SHERIFF and/or his designee, who shall meet
and confer with the City Manager or his designee who may, from
time to time, be nominated by CITY, for the purpose of
maintaining this Service Agreement.
11 . 1 The CITY shall have the right to appoint a liaison
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officer by resolution from among the SHERIFF'S personnel within
and without the CITY, subject to the concurrence of the SHERIFF,
and such appointment shall continue until the permanent
incapacity of the appointee or such appointee 's separation from
SHERIFF or until such appointment shall be rescinded by CITY
resolution . During the tenure of such appointee, the appointee
shall not be demoted in rank or involuntarily separated from
SHERIFF except for just cause .
11 . 2 In the event that the liaison officer shall be
permanently incapacitated or shall be separated from the service
of SHERIFF voluntarily or for just cause or such appointment
shall be rescinded by the CITY, a replacement shall be appointed,
subject to the approval of the CITY, which approval shall be
evidenced by a Resolution by the CITY.
11 .3 SHERIFF upon request by the City Manager of the
CITY, in writing, shall make available the Sheriff of Broward
County and/or his designee at any meeting to which said SHERIFF
is invited by CITY. r
ARTICLE XII : CITY DISTRICT /
SHERIFF shall maintain a division headquarters in the !f
CITY, a division headquarters shall be referred to and known as
"Office of the Sheriff of Broward County, Dania District, " 100
{?" West Dania Beach Boulevard, Dania, Florida 33004 and SHERIFF
shall satisfy the cost incident thereto including, but not
limited to utilities, janitorial service, minor repairs,
maintenance and air conditioning.
ARTICLE XIII : 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:
13. 1 Liability $1, 000,000/$1 ,000, 000 .
13 .2 Automobile $110001000/$11000,000.
13 .3 SHERIFF shall maintain the respective liability and
automobile policies of insurance throughout the terms of this
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provisions hereof.
13.4 The cost of all policies of insurance required
hereunder shall be the obligation of SHERIFF, and the CITY shall
in no wise be responsible therefor.
ARTICLE XIV: HOLD HARMLESS
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 intentional or negligent acts of the
employees of SHERIFF; and 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 intentional or negligent
acts and the alleged intentional or alleged negligent acts of the
employees of SHERIFF.ARTICLE XV: 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 XVI : TERM
This Service Agreement shall remain in full force and
effect commencing October 1 , 1990 and ending September 30, 1992,
all dates inclusive, unless this Service Agreement be otherwise
extended or terminated in accordance with the terms hereof.
ARTICLE XVII : OPTION TO RENEW
The parties agree that this Agreement shall be renewable
at the option of the CITY for a successive fiscal term (October
1 , 1992 through September 30, 1993 ) upon the good faith
renegotiation of the terms and financial conditions hereof,
Provided that CITY is not in default of the terms hereof.
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17. 1 The CITY shall exercise such option by providing
written notice of its intent to do so, which notice shall be
evidence by a resolution duly enacted by the CITY.
17 . 2 The notice of exercise shall be furnished to
SHERIFF not later than the first day of May, 1992, but not sooner
than the first day of March 1992; provided, in every event, the
first session of renegotiation shall take place prior to June 1,
1992.
17 . 3 In the event of such exercise, SHERIFF shall
indicate its acknowledgment thereof in writing, delivered to CITY
not later than ten ( 10) days from the receipt of the appropriate
resolution.
ARTICLE XVIII : TERMINATION
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 during the initial term hereof
and/or during the option period, should the CITY elect to
exercise same.
18 . 1 CITY may terminate this Service Agreement by giving
written notice thereof, to SHERIFF; provided, however, that such
w . termination shall not be effective until the ninety-first (91 )
day after the receipt thereof by SHERIFF.
18 . 1 . 1 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 XIX: TRANSITION
In the event of the termination of 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
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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 own through its police
9 p 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.
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19 .1 The remunerations to be paid to SHERIFF during the
transition period shall be commensurate with those remunerations
paid hereunder based upon the combined cost factors as set forth
at Section 8 . 2 Article VIII .
ARTICLE XX: EQUIPMENT RE-PURCHASE
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 comparable piece 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.
20 .1 The market value and condition of said equipment,
including vehicles, received from CITY, shall be determined by J
mutual agreement/or appraisal prior to the execution of this
Service Agreement and in the event of termination or expiration
and CITY'S exercise of option, SHERIFF shall return to CITY a
comparable number of vehicles and equipment of comparable market
value and condition. Upon determination, a list of these
vehicles and equipment with values specified shall be
memorialized in a letter of understanding or an appendice to this
Agreement. It is contemplated that no monies shall be exchanged
for vehicles/equipment returned to CITY under this provision. At
the end of the five year agreement, the value of the appraised
vehicles and equipment may be negotiated as a credit towards the
option renewal cost.
20. 2 Upon the exercise by the CITY of its option to
purchase the subject equipment, SHERIFF shall convey all of its
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right, title and interest thereto, including police vehicles, to
s the CITY by Bill of Sale Absolute or Certificate of Title, as
applicable. I
ARTICLE XXI : TOWING
It is recognized that the CITY OF DANIA has towing
agreements with local vendors. From time to time, SHERIFF,
through his agents or employees investigate traffic cases and/or
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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 in the above described cases.
SHERIFF reserves the right to tow and maintain evidence 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.
ARTICLE XXII : AUTHORITY TO EXECUTE NO CONFLICT CREATED s 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, to the effect that:
22. 1 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.
22. 2 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, pursuant
to the resolution of the City Commission of Dania.
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22 . 3 Nothing herein contained is in any way contrary to
or in contravention of the Charter of the CITY OF DANIA, or the
laws of the State of Florida.
ARTICLE XXIII : 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:
23. 1 CITY: CITY OF DANIA
City Hall
100 West Dania Beach Blvd.
Dania, Florida 33004
23 .1 SHERIFF: Sheriff Nick Navarro
Broward County Sheriff ' s Office
2600 Southwest Fourth Avenue
Fort Lauderdale, Florida 33315
ARTICLE XXIV: 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 XXV: 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 .
IN WITNESS WHEREOF the parties hereto have caused their
respective agents to execute this instrument on their behalf, at
the times set forth below:
CITY D NIA
CIT MANAGE
DATE
YO
io- a - 90
DATE
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ATTEST:
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
BROWARD COUNTY SHERIFF'S OFFICE
SHERIFF NICK NAVARRO
DATE
WITNESS:
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10/16/90
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