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HomeMy WebLinkAboutResolution No. 2017-20 (BCSO) RESOLUTION NO. 2017-20 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Contract contains a five (5) year term commencing on October 1, 2017 and ending September 30,2022,and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Agreement. The Mayor and City Clerk are authorized to execute an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1,2017 through September 30,2022. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of September, 2017. [Signature Page Follows] City of Cape Canaveral Resolution No.2017-20 Page 1 of 2 Bob Hoog, Mayor ATTEST: Name FOR AGAINST Mike Brown Motion Mia Goforth, CMC, Bob Hoog x City Clerk Brendan McMillin second Rocky Randels x Betty Walsh x Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2017-20 Page 2 of 2 Resolution No. 2017-20—Attachment CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT FY 2017/2018 —FY 2021/2022 This Agreement made and entered into this day of September, 2017 by and between the City of Cape Canaveral,a municipality, chartered in the State of Florida,by and through its elected City Council,hereinafter referred to as the"CITY", and Wayne Ivey, in his capacity as the Sheriff of Brevard County,Florida, a county constitutional officer and a county charter officer,hereinafter referred to as the"SHERIFF" or"BCSO". WITNESSETH WHEREAS,the CITY is located within Brevard County, Florida; and WHEREAS,the CITY is desirous to contract its law enforcement services to SHERIFF; and WHEREAS,BCSO is authorized by law to exercise its authority throughout Brevard County, including within the City of Cape Canaveral. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises set forth in this Agreement, the receipt and legal sufficiency of which are hereby acknowledged,the parties hereby agree as follows: ARTICLE I,DEFINITIONS: The following terms shall have the respective meanings hereinafter set forth for the purposes of this Agreement: 1. Commanding Officer: The sworn law enforcement officer of executive rank employed by the SHERIFF and designated to administer the contractual services as provided by this Agreement. The Commanding Officer is responsible for the delivery of services, discipline of the personnel under their command, and to act as liaison with the City Manager, Cape Canaveral. 2. Consideration Agreement: A legally binding written agreement executed by both the SHERIFF and the CITY as to the payment of consideration by the CITY to the SHERIFF for service to the CITY in a future fiscal year,i.e., a Consideration Agreement is valid only if it is approved, adopted and legally binding on all parties to the same prior to the beginning of the fiscal year covered by the Agreement. 3. Effective Date: October 1, 2017. 4. Fiscal Year: A period of time beginning on October lst of the designated year and ending September 30th of the following year. 5. Service: Comprehensive professional law enforcement and protection on a twenty-four (24)hour per day basis, except hereinafter stated,including reactive patrol to enforce State Laws and, to the extent allowable by law, City Ordinances of the CITY; pro-active patrol to deter criminal activity; and traffic patrol to enforce traffic laws and prevent traffic accidents/crashes. 6. Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion of the SHERIFF or designee)based on operational needs. 7. State of Emergency: The facts, events and circumstances which result in a declaration of disaster or other state of emergency by the Governor of the State of Florida or the United States government. Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 2 of 11 ARTICLE II,LEVEL OF LAW ENFORCEMENT SERVICE: As an accredited law enforcement organization, BCSO and the Canaveral Precinct being a part thereof will conduct law enforcement operations in accordance with accreditation standards as outlined in BCSO General Orders. BCSO shall provide the CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional law enforcement service, within and throughout the jurisdictional area of the CITY. SHERIFF shall at all times endeavor to provide the CITY with service similar to that which they would enjoy with a municipal police department, to the extent and in the manner hereinafter described: 1. Provide 24-hour law enforcement services to CITY and enforce all laws for which BCSO has jurisdiction to enforce. 2. There shall be a minimum of two deputies on patrol within the jurisdictional boundaries of CITY at all times in accordance with accepted law enforcement practices. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. Patrol shall be construed to mean, the actual patrolling of the jurisdictional area of the CITY, or attending to an observed or reported incident or availability to provide law enforcement services. 3. A representative of BCSO shall be present at City Council meetings or other public meetings when so reasonably requested by the City Manager or his/her designee. 4. Commencing on the Effective Date, staffing provided by this Agreement will be as follows: Sworn Staffing Title Total Funding Source Precinct Commander 1 City 0.5 /CPA 0.5 Lieutenant 4 City 2.0/ CPA 2.0 Seaport Security Manager 1 CPA 1.0 Sergeant 6 City 3.0/ CPA 3.0 Corporal (Patrol) 4 City 2.0/ CPA 2.0 Corporal (Special Operations) 2 City 1.0/CPA 1.0 Deputy (Patrol) 25 City 12.0 /CPA 13.0 Deputy (K-9) 8 CPA 8.0 Deputy (Marine) 5 CPA 5.0 Corporal (Community Services) 1 CPA 1.0 Agent (Major Crimes) 2 City 0.5 / CPA 1.5 Agents (General Crimes) 3 City 1.5 /CPA 1.5 Deputy (School Resource Officer) 1 City 1.0 Total 63 City 23.5/CPA 39.5 Non-Sworn Staffing Maritime Security Officer 22 CPA 22.0 Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 3 of 11 Crime Analyst 1 City 0.5 / CPA 0.5 Patrol Support Specialist 1 City 0.5 / CPA 0.5 Security Access Specialist 13 CPA 13.0 Records Technician 1 City 0.5 /CPA 0.5 Desk Officers 2 City 2.0 Public Service Aide 1 City 1.0 Sr. Staff Assistant 2 City 1.0/CPA 1.0 Communications Officer 1.5 City 1.0 /CPA 0.5 Human Resource Officer 2 City 1.0 /CPA 1.0 Mechanic 1 City 0.5 / CPA 0.5 Information Technology Specialist 1 City 0.5 /CPA 0.5 Total 48.5 City 8.5/CPA 40.0 5. BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring throughout the duration of this contract. ARTICLE III,LAW ENFORCEMENT AND ANCILLARY SERVICES: Law Enforcement Services shall include the law enforcement related functions and duties to be performed by SHERIFF and shall encompass duties and functions under the jurisdiction of and customarily rendered by SHERIFF under state statutes. Those duties shall include, but are not limited to, receiving and dispatching calls for service, investigating criminal complaints, crimes and security breaches, trespass, burglary, theft, homicide, drug offenses, assaults, fraud, missing persons, special event details, enforcement operations and related services such as polygraph, evidence management, report/record maintenance, etc. Ancillary services not specifically identified within this Agreement shall be made available to CITY at no additional charge to the Agreement Consideration. Those ancillary services shall include,but are not limited to,emergency response, Canine (K-9) patrol, explosive ordnance disposal, intelligence functions, mounted patrol, aviation, technical support, street crimes enforcement, multi-agency task force operations, victim services, DUI enforcement, marine/dive team, SWAT team response,major investigations, crime scene investigators, crime prevention programs, public awareness programs, drug enforcement, money laundering enforcement and the continuity of staff and Support Services. ARTICLE IV,MAINTENANCE OF ABILITY: All Capital Equipment purchased by SHERIFF for use in the performance of this Agreement shall remain in the exclusive control of SHERIFF. Ownership of vehicles purchased after October 1, 2011 shall remain with SHERIFF at all times. Ownership of vehicles purchased prior to September 30,2011 shall remain with CITY.Upon termination of this Agreement or the surplus of any vehicle purchased with CITY funds,the vehicle or proceeds from the surplus of a vehicle shall be returned to the CITY. Ownership of all other equipment, regardless of acquisition date for funding used to acquire it, shall remain with BCSO. Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 4 of 11 CITY shall provide facilities for use by SHERIFF in performing this Agreement. In the facilities provided by CITY for use by SHERIFF, CITY hereby agrees to provide for all routine maintenance, repairs and replacement of existing facilities, pay all charges for utilities and other services required for the operation of the facilities. Janitorial services are currently provided by BCSO through inmate work crews. In the event janitorial services are no longer available in any given fiscal year, CITY shall provide janitorial services. The facilities shall be used for the sole purpose of providing the services as defined in this Agreement. Any other use of these facilities shall be negotiated as to cost and extent. ARTICLE V,EMPLOYMENT RESPONSIBILITY: All persons employed by BCSO in the performance of the services, functions and responsibilities as described and contemplated herein for the CITY shall remain BCSO employees, and no one of such persons shall be considered in the employ of CITY for the purpose of pension, benefits, insurance benefits, civil service benefits, compensation or any status or right. Accordingly, CITY shall not be called upon to assume any liability for or direct payment of any salaries, wages or other compensation, contributions to pension funds, insurance premiums, workers' compensation funds, vacation or compensatory time, sick leave benefits or any other amenities of employment to any BCSO personnel performing services, duties and responsibilities herein for the benefit of CITY or any other liabilities whatsoever, unless specifically provided herein. Likewise, unless specifically provided to the contrary herein, CITY shall not be liable for compensation, contribution or indemnity to BCSO or the employees thereof for any injury or illness, of any kind whatsoever, arising out of such employment and in the performance of the services, duties and responsibilities contemplated herein. ARTICLE VI,EMPLOYMENT RIGHT OF CONTROL: SHERIFF shall have and maintain the responsibility for and the control of 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. 1. CITY, by its City Manager, shall have the right to request BCSO to transfer personnel who,by mutual agreement of the City Manager and the Sheriff,fails to perform in a manner consistent with standards contemplated herein. 2. CITY agrees to cooperate with BCSO, its Deputy Sheriffs and other departmental personnel in all reasonable ways in order to effectively provide the service required herein. 3. The ultimate control and direction of the manner in which any BCSO employee shall carry out and perform his/her duties under this Agreement shall rest with SHERIFF; provided, however, BCSO agrees that it will cooperate with CITY so as to concentrate its efforts in particular areas or incidents called to the attention of the Commanding Officer, Canaveral Precinct by the City Manager or his/her designee. ARTICLE VII, CONSIDERATION: 1. The compensation to be paid by CITY to BCSO for Fiscal Year 2017/2018 shall be the sum of$2,515,910 for Contract Services. The fee amount to be paid for contract services of$2,643,910 less credit for Avon-by-The-Sea of$128,000 totals $2,515,910. Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 5 of 11 2. Payments shall be made to BCSO by CITY in twelve equal monthly installments of $209,659.16 payable on or before the first day of each month. 3. The Consideration Clause of this Agreement shall be negotiated annually through the budgetary process between CITY and SHERIFF. 4. Written agreement as to the compensation paid by CITY to BCSO for each subsequent year shall be in force by October 1st of the affected year. Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee will be equal to that of the previous year, plus 4% for operational increases. This amount may be adjusted by mutual agreement after the start of the fiscal year, after CITY approves a budget. 5. Any request for modification of service levels contemplated within this Agreement shall be accomplished by written request to SHERIFF, and if necessary, amendment to the fee then in effect. 6. Should CITY desire that the SHERIFF provide services at a higher level than contemplated herein, CITY, through its City Manager, may negotiate with SHERIFF regarding modification of this Agreement and shall bring such modification to the City Council for their consideration and appropriate action. 7. Cost of Investigation funds received by BCSO shall be remitted to CITY on a quarterly basis. ARTICLE VIII, SPECIAL EQUIPMENT PROVISO: BCSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and the intent contemplated herein, without additional costs therefore, additional marking with the name "Cape Canaveral", prominently displayed on Patrol Units. ARTICLE IX,NATURAL DISASTERS AND EMERGENCY OPERATIONS: 1. Upon declaration of a federal disaster by the United States government or other state of emergency, declared by the Governor of the State of Florida, or by mutual agreement between CITY and SHERIFF, CITY agrees to fund the additional personnel, overtime, capital and operational expenses, incurred by BCSO during the declaration period for the benefit of CITY. 2. Any State or Federal aid sought in relief for such disasters or emergencies shall be the responsibility of CITY. BCSO will provide documentation for all expenditures incurred pursuant to BCSO General Order 300.08. (a) When an emergency condition has been declared by SHERIFF, and employees in all precincts/offices performing non-essential functions on a county-wide basis are granted paid administrative leave by SHERIFF to return home,those employees of SHERIFF required to work during the emergency conditions, in lieu of the paid administrative leave, shall receive compensatory time for all normally scheduled hours worked (hour for hour basis)in which non-essential employees of SHERIFF are granted paid administrative leave and, in addition, shall be paid as follows: (1) Employees of SHERIFF shall be paid at time and one-half for all hours worked during the declared emergency conditions. (2) Upon approval from SHERIFF, Commanders, Majors, Directors and Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 6 of 11 Managers may receive compensatory time for hours worked outside their normal work hours during the declared emergency conditions. (3) Temporary employees of SHERIFF shall not be eligible to receive paid administrative leave during a declared emergency. In the event a temporary employee is required to work during the declared emergency they shall be paid time and one-half for working the emergency event. (b) Employees of SHERIFF who are required to work during the recovery effort period, as established by SHERIFF, shall be paid time and one half for all hours worked during the recovery effort period. (c)Employees of SHERIFF who are on a pre-approved leave or regularly scheduled day off during the declared emergency period are not eligible for administrative leave. ARTICLE X, GRANTS: SHERIFF or his designee may inform the City Manager or his/her designee, of any grants brought to his/her attention that would be beneficial to law enforcement operations at Cape Canaveral. CITY shall be responsible for the application, administration and disposition of any and all such grants. ARTICLE XI,INSURANCE: SHERIFF agrees to provide law enforcement officers professional liability insurance coverage for bodily injury and property damage caused by an occurrence arising out of the scope and performance of the duties of said law enforcement officers and support personnel covered by this Agreement. SHERIFF will provide automobile liability insurance for bodily injury and property damage for vehicles used by BCSO under the terms and conditions of this Agreement. 1. SHERIFF may elect to join with a recognized self-insurance program with other law enforcement agencies to provide insurance coverage described above. Costs of such described insurance will be part of the funds provided by CITY. 2. CITY shall provide its own fire, storm, flood, property damage and public liability insurance for bodily injury, for the facilities furnished by CITY to SHERIFF and shall name SHERIFF as an additional insured, at no cost to SHERIFF. 3. CITY assumes all risk of loss not covered by insurance. ARTICLE XII,FORFEITURE FUNDS: 1. SHERIFF agrees that within the provisions of the Florida Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida Statutes), proceeds collected pursuant to the Florida Contraband Forfeiture Act will be utilized to enhance law enforcement operations within CITY. 2. Final proceeds from the forfeiture of any Contraband article as described in 932.701, Florida Statute collected pursuant to the Florida Contraband Forfeiture Act, Sections 932.701 through 932.706, Florida Statutes, shall be distributed as follows: (a) As monies are spent on operational needs, forfeited monies will be first used to reimburse the operational fund of the SHERIFF prior to any asset sharing. Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 7 of 11 Operational funds of the SHERIFF are used for seizure and forfeiture proceedings, personnel,confidential funds,investigative expenses,equipment purchases, official use and legal services. (b) The remaining net proceeds after reimbursement of funds shall be distributed among the SHERIFF and the involved agencies in a direct percentage proportion based on the number of personnel assigned to the operation which resulted in the ultimate seizure and forfeiture of the contraband Article collected. 3. SHERIFF may sell seized property, other than cash,which is forfeited by a court. The net proceeds of the sale (gross proceeds reduced by the payment of the costs incurred in connection with the sale)shall be distributed to the SHERIFF and the participating agencies as described herein. If an item of personal property, other than cash, including a vehicle, vessel or aircraft, is seized, for which a party herein has a special need, the SHERIFF may determine that such personal property is not to be sold, whereupon such personal property is to be distributed or otherwise officially used as Sheriff determines. 4. SHERIFF shall supply documentation of awarded and recovered investigative fees, on a monthly basis as provided by Clerk of the Court. Payments actually received by SHERIFF will be made to CITY by BCSO on a quarterly basis. 5. Proceeds collected on account of investigations initiated after termination of this Agreement, shall be the sole property of SHERIFF. ARTICLE XIII,TRAINING: CITY upon request of SHERIFF, shall disburse when available, Police Education Income Funds (Second Dollar) to SHERIFF, for the continuing professional education of personnel assigned to Canaveral Precinct. ARTICLE XIV,HOLD HARMLESS CLAUSE: CITY and SHERIFF each will be responsible for any and all manner of action and actions, cause and causes of action, suits, trespasses,judgments, executions, claims and demands and losses and damages, costs and expenses of any kind whatsoever, including attorney fees and court costs, which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts or omissions of its own employees, officers or agents of the other,whether occurring before or after CITY and SHERIFF assumed the obligations of this Agreement. Each party will be responsible for defending any actions, claims or suits arising from any act or omission of its own employees, officers or agents. ARTICLE XV,DISPUTES AND DISAGREEMENTS: During the duration of this Agreement, all disputes and disagreements between the parties relative to either party's performance under the terms and conditions of this Agreement will be presented specifically,in writing,by the party-claiming dispute. Thereafter,the responding party will answer specifically in writing within thirty (30) days to the claimant. Within forty-five (45) days thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes. Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 8 of 11 ARTICLE XVI,NOTICE: Notices, claims and any other matter requiring written communication to a party shall be given as follows: To the SHERIFF: Brevard County Sheriff's Office Attn: Wayne Ivey, Sheriff 700 Park Avenue Titusville, Florida 32780 To the CITY: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral, Florida 32920 ARTICLE XVII,TERM OF AGREEMENT: This Agreement contains a five (5) year term commencing on October 1, 2017 and ending September 30, 2022, and provides City and Sheriff shall renegotiate the contract price each year for the term of the contract. ARTICLE XVIII,MODIFICATION: This Agreement shall not be modified except by a written Modification Agreement, signed and properly approved by both parties hereto. ARTICLE XIX,TERMINATION: Either party may terminate this Agreement without cause or further liability to the other, upon written notice, to the other party. Written notice for the termination of this Agreement shall be given not less than 180 days prior to the requested termination date. 1. Written notice shall be delivered by registered mail or certified mail, return receipt requested, and is deemed delivered through signed receipt. 2. Upon any such termination all further obligations shall cease, except payment for services rendered up to midnight of the effective date of termination. ARTICLE XX,LEGALITY OF AGREEMENT: Any obligations of this Agreement that are hereafter determined by a court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. ARTICLE XXI, TOTALITY OF AGREEMENT: This Agreement supersedes any other agreement between the parties, oral or written, and contains the entire agreement between City and Sheriff as to the subject matter hereof. ARTICLE XXII,PUBLIC RECORDS: Pursuant to Section 119.070 1,Florida Statutes and other applicable public records laws, SHERIFF Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 9 of 11 agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs,maps,books, audio or video tapes, films,photographs, data processing software, writings or other materials(s), regardless of physical form, characteristics, or means of transmission, of Sheriff related, directly or indirectly, to the services provided to the CITY under this Agreement are made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of the CITY or the SHERIFF. Said records, documents, transactions writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of SHERIFF are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE SHERIFF HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE SHERIFF'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. SHERIFF is required to and agrees to comply with public record laws. SHERIFF shall maintain all public records required by CITY to perform the services as agreed to herein. SHERIFF shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. SHERIFF shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, SHERIFF shall transfer to CITY, at no cost,all public records in possession of the SHERIFF,provided the transfer is requested in writing by the CITY CLERK. Upon such transfer, SHERIFF shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the CITY CLERK does not request that the public records be transferred,the SHERIFF shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the CITY CLERK, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify the SHERIFF of the request and the SHERIFF shall then provide the public records to the CITY or allow the records to be inspected or copied within a reasonable time. If the SHERIFF does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. SHERIFF acknowledges that if SHERIFF does not provide the public records to the CITY within a reasonable time, the SHERIFF may be subject to penalties under Section 119.10,Florida Statutes. The SHERIFF acknowledges that if a civil action is filed against the SHERIFF to compel production of public records relating to this Agreement, the court may assess and award against Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 10 of 11 the SHERIFF the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with the Agreement shall, at any and all reasonable times during the normal business hours of the SHERIFF, be open and freely exhibited to the CITY for the purpose of examination, audit, or otherwise. Failure by the SHERIFF to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of written notice of cancellation. If the SHERIFF fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statues, due to the SHERIFF's failure to comply with this Section, the CITY shall collect from the SHERIFF prevailing party attorney's fees and costs and any damages incurred by the City, for enforcing this Section against the SHERIFF. And,if applicable,the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the SHERIFF's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the day and the year first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA Wayne Ivey, SHERIFF Approved as to form and content: Charles Ian Nash, General Counsel for Sheriff Wayne Ivey Date: Resolution No. 2017-20—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 11 of 11 ATTEST: MAYOR OF THE CITY OF CAPE CANAVERAL Mia Goforth, CMC Bob Hoog, MAYOR CITY CLERK Approved as to form and content: Anthony A. Garganese, City Attorney City of Cape Canaveral Date: