HomeMy WebLinkAboutR-1998-153 1
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~� RESOLUTION NO. 153-98
A RESOLUTION OF THE CITY COMMISSION OF DANIA,
FLORIDA, APPROVING THE AGREEMENT BY AND BETWEEN
THE CITY OF DANIA AND KENNETH C. JENNE, II, SHERIFF
OF BROWARD COUNTY FOR POLICE SERVICES; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That certain Agreement by and between the City of Dania and
Kenneth C. Jenne, II, Sheriff of Broward County for police services, a copy of which is
attached and made a part of this Resolution as Exhibit "A", is approved and the
appropriate city officials are directed to execute same.
Section 2. That said Agreement shall be reviewed and approved as to form by
the City Attorney.
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 SEPTEMBER, 1998.
MAYOR —COMMISSIONER
ATTEST: ROLL CALL:
MAYOR CALI -YES
VICE-MAYOR ETLING -YES
COMMISSIONER BERTINO -YES
COMMISSIONER HYDE -YES
CITY CLERK—AUDITOR
APPROVED AS TO FORM
AND CORRECTNESS:
By: :1 ./,\ U6
TH MAS J.AN8BkO
CITY ATTORNEY
I` 1 RESOLUTION NO. 153-98
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AGREEMENT BY AND BETWEEN
THE CITY OF DANIA FLORIDA
AND
KENNETH C. JENNF II SHERIFF OF BROWARD COUNTY
FOR POLICE SERVICES
THIS AGREEMENT, by and between the CITY OF DANIA, 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
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EXHIBIT "A"
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l and throughout the corporate limits of CITY to the extent and in the manner hereinafter described.
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
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2 Lieutenants
8 Sergeants
47 Deputy Sheriffs
5 Community Service Aides
3 Clerical personnel
I Full-Time Parking Enforcement Specialist
I Part-time Parking Enforcement Specialist
1 Secretary
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)hour period for each resident
of the CITY who registers for such service, and the uniform patrol force shall provide a high
f visibility profile in both residential and business areas.
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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 Sheriffs 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 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&c Narcotics);
4. Prisoner and jail services;
5. Investigators from Central Criminal Investigations;
6. Other Support Services, such as Traffic Homicide, Canine, etc., as available
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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 Officers 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 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
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 r
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 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.
5.2 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 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.
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 made in
accordance with the plan documents, CITY ordinance and state law.
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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 party, 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
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only to the extent permitted by law.
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 Plan, time off with pay to attend and travel to and from Dania
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 trustee's time off to attend and travel to and from Dania 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
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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 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.
�+ STANDARDS
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EMPLOYMENT
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.
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
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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 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 In consideration of the services described herein, CITY agrees to pay SHERIFF the
following amounts:
is ac 1 Year Annual Payment Monthly Pa nit
1998/1999 $4,863,485.00 $405,290.42
1999/2000 $5,106,659.00 $425,554.94
2000/2001 $5,455,301.00 $454,608.43
2001/2002 $5,902,787.00 $491,898.94
2002/2003 $6,441,663.00 $536,805.22
Each monthly installment shall be due and payable before the first of each month. The monthly
consideration shall be pro-rated to account for the initial placement of the five(5) additional sworn
positions and two (2) additional Parking Enforcement Specialists.
8.2 The parties acknowledge that the consideration provided in this Article with respect
to fiscal years 1998/99, 1999/2000, 2000/2001, 2001/2002, and 2002/2003 includes a 3.5 percent
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"1 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.
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
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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 District.
ARTICLE IX
NE ,FORFEITURES, PAY EN
9.1 All law enforcement education funds levied and collected by the Clerk of 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.
9.2 CITY and SHERIFF do hereby acknowledge,one to the other,that nothing contained
herein shall in anyway 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 316.008 F.S.A., 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 proceedings to which the
CITY would otherwise be entitled, except as limited by this Article.
9.3 SHERIFF agrees that any currency seized within the CITY, through active
participation of Dania District's personnel,pursuant to this agreement and Chapter 932 of the Florida
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Statutes,and subsequently forfeited to SHERIFF,shall be deposited into the Law Enforcement Trust
Fund established by the Broward County Commission in an amount which represents the Dania
District's share, as defined in paragraph 9.6, of such currency. Such currency shall be earmarked
for SHERIFF's use within the confines of the City.
Upon concurrence of the District Commander, the CITY may apply to SHERIFF for the use
of such funds if such application is in compliance with Florida Statutes. SHERIFF agrees to submit
such application to the Broward County Commission for appropriation. Upon appropriation, such
funds shall be made available to SHERIFF for its designated use within the confines of the City.
9.4 The parties agree that the decision to dispose of or use personal property seized within
the CITY through active participation of Dania District personnel shall be in the sole discretion of
SHERIFF. In the event SHERIFF decides to use such personal property outside of the CITY,
SHERIFF shall allocate funds to the Law Enforcement Trust Fund equivalent to the Dania District's
share, as defined in paragraph 9.6, of the mutually agreed upon fair market value of such personal
property less any lien on such property and the cost incurred by SHERIFF in proceeding with such
forfeiture action including, but not limited to court costs, attorney fees, publication costs, storage
charges,security,and maintenance costs. Such allocated funds shall be earmarked for SHERIFF's
use within the confines of the City.
9.5 The parties agree that the decision to use or dispose of real property seized within the
CITY through active participation of Dania personnel shall be in the sole discretion of SHERIFF.
In the event SHERIFF decides to dispose of such real property, SHERIFF shall allocate funds to the
Law Enforcement Trust Fund equivalent to the Dania District's share, as defined in paragraph 9.6,
of the mutually agreed upon fair market value of such real property less any loans,mortgages, liens,
or any other encumbrance on such property and the cost incurred by SHERIFF in proceeding with
such forfeiture action including, but not limited to court costs, attorney fees, publication costs,
security,and maintenance costs. Such allocated funds shall be earmarked for SHERIFF's use within
the confines of the CITY.
9.6 The Dania District's share will be based upon the ratio that the Dania District's
personnel's participation bears to the participation of all law enforcement agencies' and units'
participating in the seizure of the property.
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9.7 SHERIFF shall, on a quarterly basis, supply the CITY with a written record 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" in letters no less than two (2) inches
in height.
ARTICLE
DISTRICT COMMANDER/LiAISON
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11.1 The District Commander/Chief shall, among other specified duties, act as liaison
between the CITY and SHERIFF.
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
i Chief; the CITY shall provide written notification to SHERIFF. Thereafter, representatives of
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SHERIFF and the CITY shall meet to discuss possible remedies of the problems experienced by the
j CITY. SHERIFF agrees to act in good faith in resolving any problems experienced by the CITY.
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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 X11
CITY DISTRICT
12.1 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 District," 100 West Dania Beach
Boulevard, Dania Florida 33004. For purposes of this Agreement, the Office of the Sheriff of
Broward County, Dania District shall hereinafler be referred to as the"District Office."
12.2 The use and occupancy by SHERIFF of the District Office 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.
12.3 SHERIFF agrees to keep the District Office in a neat, clean and sanitary condition.
SHERIFF further agrees not to destroy,deface,damage, impair, or remove any part of the District
Office. In the event SHERIFF, its employees, agents, or invitees destroy, deface,damage, impair,
or remove any part of the District Office, SHERIFF shall be responsible for repairing or replacing
such property.
12.4 SHERIFF agrees to properly maintain the District Office 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.
12.5 SHERIFF shall be responsible for any and all minor repairs to the District Office 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
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exceeding three hundred dollars ($300.00). The CITY shall be responsible for any and all
replacements, capital expenditures, and major repairs to the interior of the District Office, 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 three hundred dollars ($300.00).
Notwithstanding anything to the contrary contained herein, the CITY shall be responsible for all
structural repairs, as provided in paragraph 12.7.
12.6 CITY covenants to keep the District Office 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.
12.7 SHERIFF shall pay for janitorial,electrical, and water services to the District Office for
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12.8 Upon the CITY's consent, SHERIFF shall have the right to attach fixtures, and erect
structures or signs,in or upon the District Office, which fixtures and structures,or signs,so placed
in, or attached to the District Office shall be 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.
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:
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-� 13.1 Liability $1,000,000/$11000,000.
13.2 Automobile $1,000,000/$1,000,000.
13.3 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.
13.4 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.
13.5 SHERIFF reserves the right to provide the above-stated insurance under a self-
insurance plan.
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
j any kind whatsoever, in law or in equity,which may result from or arise out of the 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 negligent acts and the alleged
negligent acts of the employees of SHERIFF while 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 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.
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AR11CLE XV1
I TERM
This Service Agreement shall remain in full force and effect commencing October 1,
1998 and ending September 30, 2003, all dates inclusive, unless this Service Agreement be
otherwise extended or terminated in accordance with the terms hereof.
ARTICLE XVII
OPTION TO RENEW
17.1 The parties agree that this Agreement shall be renewable at the option of the
CITY for a two (2)year successive fiscal term commencing October 1, 2003 through September
30, 2005 upon the good faith renegotiation of the terms and financial conditions hereof.
17.2 The CITY shall exercise such option by providing written notice of its intent to do
so, which notice shall be evidenced by a resolution duly enacted by the CITY.
17.3 The notice of exercise shall be furnished to SHERIFF not later than the first day
of May 2003, but not sooner than the first day of March 2003; provided, in every event, the first
session of renegotiation shall take place prior to June 1, 2003.
17.4 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
18.1 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.
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'1 18.2 CITY may terminate this Service Agreement by giving written notice thereof, to
j SHERIFF; provided, however, that such termination shall not be effective until the ninety-first
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(91) day after the receipt thereof by SHERIFF.
18.3 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 XIX
TRANSITION
19.1 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
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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.
19.2 The remunerations to be paid to SHERIFF during the transition period shall be
commensurate with the cost to the SHERIFF.
ARTICLE XX
EOUIPMFNT RE-PURCHASE
20.1 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 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.
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20.2 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 memorialized in a letter of understanding in appendices 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.
20.3 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 XXI
WIN
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
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.
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ARTICLE XXII
AUTHORITY TO EXECUTE NO CONFLICT CREATED
22.1 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.
22.2 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.
22.3 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,pursuant to the resolution of the City
Commission of Dania.
22.4 Nothing herein contained is in any way contrary to or in contravention of the
j 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:
CITY: CITY OF DANIA
City Hall
100 West Dania Beach Blvd.
Dania,Florida 33004
SHERIFF: SHERIFF KENNETH C. JENNE, III
Broward County Sheriff's Office
2601 West Broward Blvd
Fort Lauderdale,FL 33312
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-.� ARTICLE XXIV
NON-ASSIGNMENT
i 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 AMENDME YN
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.
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AGREEMENT BY AND BETWEEN THE CITY OF DANIA AND KENNETH C. JENNE, I1,
SHERIFF OF BROWARD COUNTY FOR POLICE SERVICES.
IN WITNESS WHEREOF the parties hereto have caused their respective agents to
execute this instrument on th it beha at the times set forth below:
CITY OF DANIA, FLO G
Date:_
CITY MANAGER
Date:_
MAYOR
ATT .
_ Date: le
CITY CLERK
Approved as to form and legal sufficiency
subject to execution by the parties: /� p
By: � )b Date:— ._
CITY
NNETH C. JENNE, ERI F OF BROWARD COUNTY
Date:
TH C. JE
Sheriff
Approved as to form and legal sufficiency
subject to execution by the parties:
B SA Date: I ) 9
LYI N UTCH
hAdocskon mkdanial
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