HomeMy WebLinkAboutR-1992-145 F.
} RESOLUTION NO. 14 5 -92
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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. I '
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Service Agreement between
the City of Dania, Florida and Nick Navarro, as Sheriff of Broward
County; a copy of which is attached hereto as Exhibit "A", be and
the same is hereby approved, and the appropriate city officials
are hereby 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 27th day of October , 1992.
MAYORS COSMISSIONER
j ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
FRANK C. ADLER, City Attorney
f'
145 -92
Resolution No.
,A.
NICK NAVARRO
SHERIFF
BROWARD COUNTY
P.O. BOX 9507 'r
FORT LAUDERDALE, FLORIDA 33310 �.
92-193
DATE: October 13, 1992
MEMO TO: Director Tom McInerney
D.L. E.l!AA- Fie d Services f
FROM: MichaeeL. Woodruff, Director
Department of Finance and Budget �.
SUBJECT: DANIA CONTRACT
f
The Broward Sheriff 's office agreement to contract with the
City of Dania is based upon the following conditions:
1. During Fiscal year 1992/93 , the City of Dania will
allocate $15,000 from its Law Enforcement Trust Fund in
order to pay for a police vehicle. This action is in
lieu of the $15, 000 due for eliminating one Deputy
Sheriff position and adding one Lieutenant position.
2 . As of April 1, 19g, the contract amount of $3, 222 , 561
was increased by $25,484 to $3 , 248 , 045. This increase
was based upon funding one Deputy Sheriff position (a
second tactical deputy) for half a year.
3 . The maximum increase of 5% for fiscal year 1993/94 will
be based upon $3, 288, 529 as calculated below.
FY 1992/93 Contract Amount $3 , 222, 561
Full year cost of Deputy
($25,484 x 2) 50,968
Increase for Lieutenant 15, 000
$3 , 288, 529
MLW:vak
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cc: Captain Tom Carney, District IX
Dave Pritchard, Fiscal Administrator
Mr. Robert Flatley, Dania City Manager
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EXHIBIT "A"
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SERVICE AGREEMENT i
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THIS AGREEMENT, by and between the CITY OF DANIA, a i
of
municipal corporation organized and existing under the laws f,
the State of Florida, which municipality is fully located within
the boundaries of Broward County, Florida, hereinafter referred
• and NICK NAVARRO, Sheriff of Broward County,
to as 'CITY,
erred to collectively as 'SHERIFF.'
Florida, hereinafter ref
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
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i chartered police power but wishes to contract with SHERIFF for
jpolice 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
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as
is desirous Of contracting for such services, upon the terms and
conditions hereafter set forth.
NOW, THEREFORE, in consideration of the sums hereinafter r `ryrfif `
rh Srdr ix jY
good and valuable considerations, the
set forth and for other g
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receipt and legal sufficiency of which are hereby acknowledged,
it is hereby agreed as follows:
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ARTICLE I : POLICE SERVICE LEVEL OF i
provide to CITY, for the term hereinafter
SHERIFF shall p with the
sot forth, as the same may be extended in accordance
competent professional police protection
provisions hereof ,
within and throughout to the extent
the corporate limits of CITY
and in the manner hereinafter described; of the year,
1 . 1 Service shall be provided each day
er day basis, and such service
from year to year, on a 24-hour P
shall be of a standard to, but not less than, the
dard corresponding
nnel of the former Police
level of service provided by perso
Department of the City of Dania-
Department
uniformed patrol force shall be
1 . 11 A fully eq
unit shall be
to
include Patrol units. A Patrol
maintained
defined to mean one marked patrol car with one uniformed Deputy
standard support equipment. It is planned that
Sheriff and all
is w k
each deputy will have a take home car, however thfiscalyear
ears to complete , commencing
least two ( 2) fiscal y� March 1991 . It is contemplated that
1989 through and including
these employees previously employed by
the City of Dania and who
the SHERIF deputies shall be among the first to
F as dep
are hired by employee(s) reside
rovided saidt
receive take home vehicles P of Dania. The
boundaries of the City
within the municipal Illl
following minimal criteria shall be maintained: provided on {{
1. 12 Shift shall mean and include service p i
an eight (8) hour basis unless revised by
mutual agreement of the
shift shall be determined N
parties; the commencement hour of any if, during a
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and established from time to time YJ
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j particular shift, the assigned manpower is reduced to less than
four (4 ) deputies because of court appearances, then SHERIFF
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agrees to temporarily assign replacements.
1 .2. 1 First Shift (Alpha) Six (6) 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) Six (6) patrol units and
one ( 1 ) Sergeant on duty specifically for the
benefit of DANIA seven days a week.
1 . 2.3 Third Shift (Charlie) seven (7) 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 thirty-
six (36) Deputies and Six (6) Sergeants to
accomplish this level of service stated in
Sections 1 .2. 1 , 1 .2. 2, 1 .2.3. Failure of SHERIFF -
ito provide staff levels on a daily basis as
specified in Sections 1 .2. 1 , 1 .2.2 and 1.2.3
1 shall cause the CITY to receive a credit for
I each hour of service due. Said credit shall be
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calculated using the hourly rate of pay of j
'Step D" of the affected class. Credits shall t
only be deducted from the monthly payment after �.
the SHERIFF has received ten ( 10 ) days notice of
the amount to credit. c^ n{
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1 .2 . 5 The following is a list of other personnel which
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will be assigned to the CITY to provide appro-
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priate police service based upon a standard
SHERIFF'S work week: i
(A) One ( 1 ) District Commander with the rank of
Captain.
(B) Two Lieutenants
(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.
(E) Two clerical personnel and one secretary
will be assigned to handle various clerical
duties 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 1 .,.
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Communications and Records Divisions of BSO. r
4.
(G) Two (2) Deputy will be assigned to the j
Tactical Unit 4
1 .3 The uniform patrol force shall respond to and
render aid in lifesaving and in-progress crime scenes, and the t `
response time incident thereto shall not exceed three (3)
minutes. Said Lieutenant (senior deputy) shall be on duty at the }ts ^^
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{ local police facility five ( 5) days a week, Monday through
1
Friday, for a full eight (8 ) hour shift excluding approved B.S.O
patrol force shall provide vacation house
holidays. The uniform 1
not less than once
check services and premises surveillance
1 y_ period for each resident of the
during each twent four (24 ) hour p I
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-
sis, all telephone communications related
four ( 24 ) hour daily ba
to police services at the Broward Sheriff's Office Communication
Center.
Except as otherwise hereinafter specifically set forth
ice services shall encompass all those
such professional pol
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
s
services, in accordance with the Charter of the CITY, Charter o
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.
ARTICLE II: ANCILLARY SERVICES
In addition to those duties and responsibilities
hereinabove described, SHERIFF shall provide to the CITY, without ;
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expertise* services and
additional cost therefore, the following
might be required, from time to time:
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facilities , as the same g !.
2. 1 Full service crime lab
2 .2 Helicopter patrol i
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2.3 Narcotics unit
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I2.4 organized crime unit
2,s Prisoner and jail service
investigative services
2.6 Homicide
2.7 County-wide Selective Enforcement Team the County-
wide
Sheriff agrees to notify CITY when the municipal
Selective Enforcement Team enters the
boundaries of the City of Dania. However,
SHERIFF reserves the right to for
any notice
compromise an
to the CITY if such notice would
investigation being conducted or under exigent
circumstances and when time is of the essence.
those police
2.8 A full records service including
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function records previously transferred to
SHERIFF by CITY
hich the SHERIFF provides
2.9 Any other service w
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. r.
2.11 SHERIFF shall answer and administrate, on a twenty-
four (24) hour daily h
basis, all telephone commu-
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ions which were answered by the personnel of
nicat
the former Dania Police Depa
rtment.
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2. 12 SHERIFF' S C.O.P•E• Program
2 .13 SHERIFF' S P.A.L• Program 6
o the foregoing SHERIFF agrees to
2.14 In addition t
CITY at no additional cost ,
a central
provide
dispatch center, on E-911 communication system,
f SHERIFF
fulfill the obligations o
necessary to
under this contract.
MAINTENANCE OF ABILITY
ARTICLE III :
SttERIFF shall the benefit of
furnish to and maintain for
all necessary labor'
the CITY, without additional cost therefore, all
and supplies
supervision, equipment communication
necessary and proper for the purpose of performing
the services,
set forth and contemplated herein and
duties and responsibilities to be rendered
to maintain the level o
as necessary
f service
hereunder.
ARTICLE. IV: ADDITIONAL SERVICES
upon the request of
to the CITY'
SHERIFF shall provide the City
be made by resolution by
the CITY , which request shall additional
•� thereof , such r,
I the necessity
Commission stating
as determined by the
services as may be needed from time to time'
CITY at its discretion- the CITY
4 . 1 The cost of t!
such service shall be borne
ma manner as may
be payable in such amount
and shall s and in such a i
agreement, upon
be determined by mutual each occurrence*
4 .2 Notwithstanding anything
to the contrary contained
herein, in the event the CITY should request
additional police
icularly in
right imposed hereby
the ri
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pursuant .x
services, P to
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the cost of such services shall be t
the event of annexation, i
the projections of financial need and
calculated pursuant to
combined cost data set forth in Section 8.2 of Article VIII of
h additional
this agr
eement, and upon the implementation of suc
force(s) all other provisions of this Agreement shall apply
i force(s) was
equally and to the same effect as if such additional
specifically described herein.
ARTICLE V: EMPLOYMENT RESPONSIBILITY
officers, deputy sheriffs and other
All law enforcement
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persons employed by
SHERIFF in the performance of the duties and
hereunder
responsibilities , shall be and remain solely in the
employ of SHERIFF, and no such persons shall be considered in the
of any pension, insurance,
employ of the CITY for the purpose
ther compensation benefits. Accordingly,
civil service, pay or o
liability for or
the CITY shall not be called upon to assume any
direct payment of any salaries, wages, or other compensation,
insurance premiums, workmen' s compensation funds (Chapter 441,
f employment to those law
FSA) , or any other amenities o
enforcement officers, deputy sheriffs or other persons employed
by SHERIFF in the performance of the duties and responsibilities
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hereunder for the benefit of said CITY and the residents thereof
otherwise
or any
other liabilities whatsoever, unless
provided herein. Likewise, unless specifically
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specifically p
provided to the contrary herein, the CITY shall not be liable for
to SHERIFF or the law
compensation, contribution or indemnity f
thereof for
deputy sheriffs and employees
enforcement officers,
arising
out of
illness, of any kind whatsoever,
injury or j
any
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such employment and the performance of the duties and
responsibilities contemplated herein.
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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 j
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) w -
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
yment urinalysis screening
test administered by the SHERIFF'S Office.
i� 5. 3 Further, employees of the CITY reserve the right to
determine how they will choose payout/or disposal of their
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i previous pension benefits accumulated while in the employ of CITY
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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 a;
electing to remain in the CITY sponsored plans, SHERIFF will give ;
the CITY a refund for the amount of contributions which SHERIFF
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would have paid to FRS on behalf of those employees had those
employees elected to become members of FRS. The refund will be
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paid by SHERIFF through a check not by a reduction of the monthly
contract amount.
T those portions of the
The CITY will deposit
credited amounts which are regarded by the pension plans as
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for police
employee contributions being an amount equal to 7%
of each CITY pension plan
officers and 5% for civilian p
ersonnel f:
nsation for base salary from
participant' s biweekly gross compe i
pensions plans will be
SHERIFF. The CITY contributions to the p
documents, CITY ordinance and
made in accordance with the plan
state law.
5.5 Each month, SHERIFF will furnish to the CITY's
en 'hard copy' or electronic
pension boards a report (by writt
and
data transfer) showing the gross compensation by
category
total paid to each SHERIFF employee who participates in the
CITY' s pension plans. The report will show each employee's name,
curity number, gross compensation for the month, and
social se
to date. Gross
gross compensation by category
for the year
monies received by the employee
compensation shall detail all
from SHERIFF, and divided into categories including (but not
limited to) wages, overtime, premium pays, education incentives,
nts pays and detail pay.
payoff of accrued leaves, assignme
sion boards can timely act upon
5 .6 So that the CITY pen
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
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physical examinations, health insurance claim records, worker's
compensation records , accident and injury reports, police reports
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(concerning accidents or injuries to the affected employee) , and
toxicology test results. If any of these records are in the - I
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 'x
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regular SHERIFF's schedule.
5.8 Upon the request of the CITY or its pension boards,
SHERIFF will distribute to its employees who participate in CITY
's sponsored pension plans documents, forms, and other written ;-
communications from the CITY plans. SHERIFF will also maintain a {
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supply of CITY pension plan beneficiary designation and benefit
application forms in both the SHERIFF's Personnel Department and
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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
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if any SHERIFF's employee who is a CITY pension plan participant x4" ;
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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
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method of calculation of pension contributions and leave accruals
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
policy, procedures, or ! '
process rights established by law, p y,
contract shall be afforded to all qualified deputies as those
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rights pertain to seniority, discipline, layoff or discharge in h'
the nroward 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
1 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
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general makeup of the CITY and are familiar with the geography,
and residential composition
its industrial , business , and its
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ci parties agree that, i
crime problems. In furtherance thereof, the
without impairing the rights of the SHERIFF as an employer as
bove, SHERIFF shall not
provided in Article VI a remove, transfer
the personnel currently assigned to the CITY
or replace any of
without notification
ARTICLE VII: EMPLOYMENT AUTHORITY TO ACT
The CITY does hereby vest in each law enforcement
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officer and deputy sheriff who may, from time to time, be n
si ned to the CITY to the extent allowed by law, the police
assigned
which are necessary to implement and carry
powers of the CITY,
ties and responsibilities imposed upon
forth the services, du
e sole and limited purpose of giving
SHERIFF hereby, for th
official and lawful status and validity to the performance
I such sworn officers. Each such law enforcement
thereof by
officer and deputy sheriff so empowered hereby and engaged in the
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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
lservices, duties and responsi
bilities which constitute municipal
Ifunctions and are within the scope of this Agreement.
Accordingly, each such law enforcement officer and deputy sheriff
to enforce the ordinances of the
is hereby vested with the power
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.
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ARTICLE VIII : CONSIDERATION !
8. 1 The CITY shall pay to SHERIFF, in consideration of
the services and responsibilities to be performed, for the term
ihereof, the sum of Three Million Two hundred Twenty-Two Thousand, '
Five Hundred Sixty-one Dollars ($3,222,561 . ) which sum shall be
payable monthly, in advance, in equal installments of Two Hundred
Sixty-eight Thousand Five Hundred Forty-six Dollars and Seventy-
Five Cents ($268 ,546.75) for the period beginning October 1 , 1992
and ending September 30, 1993.
8.2 The CITY agrees to pay SHERIFF a sum not to exceed
a five percent (5%) increase for operations for the period of
this agreement beginning October 1 , 1993 and ending September 30,
1994 . 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 , 1993 through September
30, 1994 of this agreement, said amount shall be subject to an
adjustment in the event the Board of County Commissioners of
Broward County implements a cost of living increase or base pay
adjustment for law enforcement officers, deputy sheriffs or other
persons employed by SHERIFF, in which event the above sums shall
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living increase or
cost 9
be increased by the amount of said
base pay adjustment. Said amount shall be due and payable on or { Y
before October 1 , 1994 .
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 ?
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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
obligations to SHERIFF or any third party providing the services
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
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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.
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9 . 1 CITY and SHERIFF do hereby acknowledge, one to the
other, that nothing contained herein shall in anywise be
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construed to vitiate the CITY'S right to the disposition of fines
and forfeitures to which the CITY would be entitled, pursuant to is
Section 316.0261 F.S.A. , as the same may be amended from time to
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time, or as to proceeds and forfeitures arising under the sale or
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disposition of unclaimed property or under any statutory or
common law proceedings to which the CITY would otherwise be
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
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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 a
1 disposition thereof has been adjudicated. Moreover, such q,
report( s) shall be amended, from time to time, by reflecting the g
ultimate disposition of property described in an earlier
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report(s) , and such amendatory report(s) shall be submitted to w
the CITY within ten ( 10 ) days of the ultimate adjudication with
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regard to the seizure of such property.
ARTICLE X: SPECIAL EQUIPMENT PROVISO
SHERIFF shall do the following in furtherance of the f
fulfillment of the responsibilities imposed hereby and the intent i
contemplated herein, without additional costs therefor.
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10 . 1 Provide fully equipped patrol vehicles which shall f
abear, 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. w
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ARTICLE XI : DISTRICT COMMANDER/LIAISON
A liaison shall be maintained between the CITY and
dry SHERIFF through the SHERIFF and/or his designee, who shall meet k�
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'� and confer with the City Manager or his designee who may, from
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' 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
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
t
:z 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. '
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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.
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ARTICLE, XII : CITY DISTRICT 6:t
+" t, SHERIFF shall maintain a division headquarters in the I
s..,
CITY, a division headquarters shall be referred to and known as
'Office of the Sheriff of Broward County, Dania District,' 100 „r
West Dania Beach Boulevard, Dania, Florida 33004 and SHERIFF ;
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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 $1 ,000,000/$1 ,000,000.
i 13 . 3 SHERIFF shall maintain the respective liability and
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automobile policies of insurance throughout the terms of this
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agreement, as the same may be extended in accordance with the
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. I '
ARTICLE XIV: HOLD HARMLESS ;
SHERIFF shall hold CITY harmless from any and all manner
of action and actions , cause and causes of action, suits, } ti x
damage,trespasses, judgments, executions claims and demands of
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any kind whatsoever, in law or in equity, which may result from � 0 '
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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 , 1992 and ending September 30, 1994,
all dates inclusive, unless this Service Agreement be otherwise
extended or terminated in accordance with the terms hereof.
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I ARTICLE XVII : OPTION TO RENEW
The parties agree that this Agreement shall be renewable
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at the option of the CITY for a two ( 2) year successive fiscal
term October 1 , 1994 through September 30, 1996 upon the good
faith renegotiation of the terms and financial conditions hereof
at an annual cost increase not to exceed five (5%) percent of the
current Agreement per year.
17. 1 The CITY shall exercise such option by providing ' 4nNva "'
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written notice of its intent to do so, which notice shall be
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evidence by a resolution duly enacted by the CITY. l
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17. 2 The notice of exercise shall be furnished to
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SHERIFF not later than the first day of May, 1994 , but not sooner
than the first day of March 1994; provided, in every event, the
first session of renegotiation shall take la 9 place prior to June 1 ,
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1994 .
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. I"
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
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exercise same.
18. 1 CITY may terminate this Service Agreement by giving
w 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. j
18. 1 . 1 In the event of termination by CITY, CITY shall ; r
render such aid, coordination and cooperation to SHERIFF that
might be required for an expeditious and efficient termination of
service. i
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ARTICLE XIX: TRANSITION
In the event of the termination of expiration hereof, Ij
SHERIFF and CITY shall cooperate in good faith in order to III
{ 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 S
this Agreement shall be deemed automatically extended for a It
period of ninety (90) days or until CITY is capable of rendering
such police service, whichever occurs sooner.
19 . 1 The remunerations to be paid to SHERIFF during the
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transition period shall be commensurate with those remunerations
jpaid 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 ,t
of this Agreement , CITY shall have the option to purchase from k4?
SHERIFF, and upon the exercise of such option, SHERIFF shall sell
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to CITY any comparable piece of equipment, including police gam:
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.
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20. 1 The market value and condition of said equipment,
including vehicles, received from CITY, shall be determined by
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
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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 l
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option renewal cost.
20.2 Upon the exercise by the CITY of its option to f
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
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applicable.
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ARTICLE XXI : TOWING
It is recognized that the CITY OF DANIA has towing
agreements with local vendors. From time to time, SHERIFF, j
through his agents or employees investigate traffic cases and/or t .
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
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the CITY OF DANIA; provided however, that
municipal boundaries of
the vendors meet all of the SHERIFF's specifications with regards
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to maintaining criminal evidence in the above described cases.
SHERIFF reserves the right to tow and maintain evidence if vendor I
, ~ fails to comply with said specification. Further, the SHERIFF
also reserves the right to continue to use the towing services -
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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
SHERIFF, by his execution hereof, does hereby represent
to the CITY that he has full power and authority to make and
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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
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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.
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.
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ARTICLE XXIII : NOTICE, i
<' 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 Nest 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 I .
ARTICLE XXIV: NON-ASSIGNMENT i{
SHERIFF shall not assign any of the obligations or
benefits imposed hereby or contained herein, unless upon the E
written consent of the CITY, which consent must be evidenced by a
duly passed resolution. j
ARTICLE XXV: ENTIRE AGREEMENT AMENDMENT {
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The parties acknowledge, one to the other, that the �
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terms hereof constitute the entire understanding and agreement of
the parties with respect hereto. No modification hereof shall beV
1) 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 OF DANIA
CITY MANAGER K}�
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DATE
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MAYOR
DATE
ATTEST:
CITY CLERK
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APPROVED AS TO FORM AND CORRECTNESS: I
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CITY ATTORNEY
6ROWARD COUNTY SHERIFF'S OFFICE
SHERIFF NICK NAVARRO 1`
DATE
WITNESS :
i' 10/13/92
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