HomeMy WebLinkAboutR-1988-035 RESOLUTION NO. 35-88
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING SERVICE AGREEMENT BETWEEN NICK
NAVARRO , AS SHERIFF OF BROWARD COUNTY, AND
j CITY OF DANIA; AND PROVIDING THAT ALL RESOLU-
TIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS., the City Commission of the City of Dania, Florida,
has reviewed all the terms and conditions contained in that
certain Service Agreement for police services with Nick Navarro,
as Sheriff of Broward County, Florida, (a copy of which is at-
tached hereto) and has held public hearings thereon, and
has determined that said agreement is in the best interests of
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the citizens of the City of Dania
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That that certain Service Agreement by and be-
tween the City of Dania, Florida, and Nick Navarro , as Sheriff
of Broward County , Florida, copy of which is attached hereto and w
made a part hereof as Exhibit "A" , be and the same is hereby
accepted and approved, and the appropriate City Officials are
hereby authorized and directed to execute same.
Section 2 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the ex-
tent of such conflict .
Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on this 24th day of August 1988 .
HAYUR
�COMMTSSI
ATTEST :
ZITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By
J
FRANK C. ADLER, City Attorney
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Resolution No . 35-83 `
SERVICE AGREEMENT
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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 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
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
off; 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 : POLICE SERVICE LEVEL OF
SHERIFF shall provide to CITY, for the term hereinafter
set forth, as the same may be extended in accordance with the
provisions hereof, competent professional police protection
within and throughout the corporate limits of CITY to the extent
and in the manner hereinafter described;
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 I
shall be of a standard corresponding to, but not less than, the
level of service provided by personnel of the former Police
Department of the City of Dania .
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
particular 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
accomplish this level of service stated in
Sections 1 .2 . 1, 1 . 2 . 2, 1 . 2 . 3. Failure of SHERIFF J
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to provide staff levels on a daily basis as
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
"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
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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
duties in addition to answering phones and
dealing with walk-in complaints .
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
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during each twenty-four (24) hour period for each resident of the
CITY who registers for such service, and the uniform patrol force
i shall provide a high 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 Sheriff ' s Office Communication
Center .
1 .5 One (1 ) uniformed deputy shall be provided for the
purpose of maintaining order at each regular or special CITY
council meeting at no additional cost to the CITY.
Except as otherwise hereinafter specifically set
forth 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
services, in accordance with the Charter of the CITY, Charter of ro
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
Police Chief, 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
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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
the former Dania Police Department .
In addition to the foregoing SHERIFF agrees to
provide CITY at no additional cost, a central
dispatch center, on F,-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 the 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
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
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be determined by mutual agreement, upon each occurrence.
4.2 Notwithstanding anything to the contrary contained
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herein, in the event the CITY should request additional police
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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.
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
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
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j employee leaves the employment of SHERIFF within three years of I
the effective date 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 lie 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.
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.
Employees of the CITY shall preserve their seniority
effective as of the date of hire with the CITY OF DANIA. All due
process rights established by law, policy, procedures, or w
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
°F 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 J 7 ��11
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general makeup of the CITY and are familiar with the geography,
its industrial, business and residential composition, and its
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i 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
powers of the CITY, which are necessary to implement and carry
forth the services, duties and responsibilities imposed upon
SHERIFF hereby, for the sole and limited purpose of giving
official and lawful status and validity to the performance
thereof by such sworn officers . Each such law enforcement
officer and deputy sheriff so empowered hereby and engaged in the
performance of the services, duties and responsibilities w
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 Three Hundred Fifty-Five Thousand
Five Hundred Eighty-Seven Dollars ($2, 355, 587. ) which sum shall
be payable monthly, in advance, in equal installments of One
Hundred Ninety-Six Thousand Two Hundred Ninety-Eight Dollars and
91/100 for the period beginning October 1, 1988 and ending
September 30, 1989. The yearly payment shall be reduced by
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$25, 750. for the term October 1 , 1988 through September 30, 1990,
thus reducing the monthly payment by $2, 145 .83 for the term
October 1, 1988 through September 30, 1990 for consideration of
rental of Division Headquarters .
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, 1989 and ending September 30,
1990. 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 , 1989 through September
30, 1990 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
be increased by the amount of- said cost of living increase or
base pay adjustment .
8.4 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
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
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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
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
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
of the CITY and laws of the State of Florida. Such report (s )
shall include a description and estimate of value of properties
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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 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 J
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purpose of
time to time, be nominated by CITY, for the
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maintaining this Service Agreement .
11. 1 The CITY shall have the right to appoint a liaison
from among the SHERIFF' S personnel
officer by resolution 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
p is invited by CITY.
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ARTICLE XII : CITY DISTRICT
SHERIFF shall maintain a division headquarters in the
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 and the like.
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 .
to cause the CITY to be named as an
13. 3 SHERIFF agrees
additional party insured under said liability and automobile
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ti Policies of insurance.
13.4 SHERIFF shall maintain the respective liability and
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automobile policies of insurance throughout the terms of this
agreement, as the same may be extended in accordance with the
provisions hereof .
13.5 SHERIFF shall provide to the CITY appropriate
copies of the policy endorsements or certificates of insurance
reflecting that the CITY has been named as an additional insured
as herein provided.
13. 6 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 , 1988 and ending September 30, 1990,
all dates inclusive, unless this Service Agreement be otherwise
extended or terminated in accordance with the terms hereof .
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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 successive fiscal term (October
1, 1990 through September 30, 1991 ) upon the good faith
renegotiation of the terms and financial conditions hereof,
provided that CITY is not in default of the terms hereof .
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, 1990, but not sooner
than the first day of March 1990, provided, in every event, the
first session of renegotiation shall take place prior to June 1,
1990 .
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.
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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.
M. 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
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,
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iI SHERIFF and CITY shall cooperate in good faith in order to
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effectuate a smooth and harmonious transition from SHERIFF to a
CITY Police Department and to maintain during such period of
transition the same high quality of police protection otherwise
afforded to the residents of the CITY pursuant to the terms
hereof. In the event of such termination or expiration and in
the further event that the CITY is unable to provide the same
level of police protection through its own police force at the
time of such termination or expiration, the then pending term of
this Agreement shall be deemed automatically extended for a
period of ninety (90) days or until CITY is capable of rendering
such police service, whichever occurs sooner .
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
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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
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.
20.2 Upon the exercise by the CITY of its option to --jl
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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 : 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
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 :
21 . 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.
21. 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 .
21.3 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 XXII : 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 :
22. 1 CITY: CITY OF DANIA
City Hall
100 West Dania Beach Blvd.
Dania, Florida 33004
22. 1 SHERIFF: Sheriff Nick Navarro
Broward County Sheriff ' s Office
2600 Southwest Fourth Avenue
Fort Lauderdale, Florida 33315
ARTICLE XXIII : NON-ASSIGNMENT
SHERIFF shall not assign any of the obligations or
benefits imposed hereby or contained herein, unless upon the
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written consent of the CITY, which consent must be evidenced by a
duly passed resolution.
ARTICLE XXIV: 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 OF DANIA
CITY MANAGER
DATE
MAA O R
s
DATE
ATTEST: /
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
!_ ,Zcp e -
CITY ATTORNEY
BROWARD COUNTY SHERIFF'S OFFICE
Ae:z
SHERIFF NICK NAVARRO
DATE
WITNESS :
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,
J
16