HomeMy WebLinkAboutResolution 2000-38 RESOLUTION NO. 2000-38
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK
TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR
MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF I
CAPE CANAVERAL, FLORIDA AND PHILIP B. WILLIAMS, AS SHERIFF
OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, t he City of Cape Canaveral ty p C and the Sheriff have entered into that
certain Contract for Services dated October 1, 1999; and
WHEREAS, said Contract contains a two (2) year term commencing on October 1,
1999, and provides that the City and the Sheriff shall renegotiate the contract price for the
second contract year. I
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NOW, THEREFORE, be it resolved by the City Council of the City of Cape
Canaveral, Brevard County, Florida as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to
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the Contract for Services between the City of Cape Canaveral and the Sheriff to provide for
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a revision of the contract price for the contract year October 1, 2000 through September 30,
2002. A copy of said Addendum is attached hereto and made a part hereof by this
reference as if fully set forth.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
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City of Cape Canaveral, Florida
Resolution No 2000 -38
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th of
September, 2000.
CO
Rocky Randels, MAY R
y MAYOR
FOR AGAINST
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Larry Weber Second
andra . Smith, CI CLERK Richard Treverton X
Burt Bruns Motion t
Buzz Petsos X 1 • APPROVED AS TO FOR
t A Rocky Randels X
44. AIL Ai Koh Bennlaer ITY ATTORNEY
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G: \CityClk \Resolutions \CONTRACT\Sheriff Contract 98- 29.doc
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4 BREVARD COUNTY
01 SHERIFF'S OFFICE
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! .1 ) CITY OF
'(CAPE CANAVERAL
C ,‘‘::11 CONTRA_CT
L 741 ‘61 FISCAL YEAR 2000 - 2001
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September 20, 2000
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446110 0.1tik
SHER C° HILIP B. WILLIAMS
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F E;ta o B revard County Sheriffs hers ff s Office TOTAL FY 2000 - 2001
A �. ,
r BUDGET REQUEST
ry City of Cape Canaveral. Contract 2001
UNIT: CAPE CANAVERAL
FUND: 106
DIVISION: 521 - LAW ENFORCEMENT $ 1,366,313
ACCOUNT FY 99 -2000 APPROVED FY 2000 - 2001 BUDGET
ACCOUNT TITLE BUDGET REQUEST
534027 Other Contract Services 80,141 80,141
534402 Education Assistance 2,000 2,000
535011 Investigations 2,000 2,000
541011 Telephone 6,500 15,634
f 541011C Cell Phone 2,250 2,500
542021 Postage 150 150
544491 Rents & Leases 8,000 5,120
545411 Insurance - Vehicles 7,563 11,349
I 545412
545421 Insurance -Prof Liability 17,100
1,000 17,662
Radio Installation 1,000
545491 Repairs & Maint - Other 2,500 3,847
545491R Repairs & Maint - Radio Eq. 2,000 2,000
545491V
547031
551021
552011
Repairs & Maint - Vehicles 7,050 7,050
Printing 900 900
Office Supplies & Expense 4,000 4,000
Gasoline 20,000 28,000
552013 Chemicals 400 400
552065 Misc Furniture and Equipment 2,500 2,500
552102 Tools and Implements 300 300
552104 Safety Equipment 650 650
552111 Janitorial Supplies 500 500
_, 552411 Major Fuels & Lubrications 500 500
552412 Vehicle Outfitting - Ops 3,540 2,020
I 552431 Fingerprints & Photos 750 900
552466 Other Operating Expenses 4,000 7,880
552485 Uniforms 4,500 4,500
554011 Membership dues 300 300
554021 Books and Publications 800 1,000
TOTAL OPERATING EXPENDITURES 181,894 204,803
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664411 Vehicles 61,500 25,000
I 664412 Vehicle Outfitting 11,550 2,800
664491 Other Equipment 75,120 50,278
TOTAL CAPITAL OUTLAY 148,170 78,078
I TOTAL Cape Canaveral Contract 1,376,742 $ 1,366,313.00
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Brevard County Sheriffs Office
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z City of. Cape Canaveral Contract 2001
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c RSO N NEL SERVICES
1 0"Appendix A `7
1 F.T.E. REQUESTED F.T.E. REQUESTED
FY 99- BUDGET FY 2000 BUDGET
SALARIES 00 FY 99 -00 2001 FY 2000 -2001
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MAJOR /COMMANDER 0.7 $ 39,656 0.6 $ 39,059
LIEUTENANT 0.5 $ 25,088 0.5 $ 25,781
I SERGEANT 3.0 $ 116,710 3.0 $ 116,686
DEPUTY 14.5 $ 438,322 14.5 $ 454,997
ADMIN SECRETARY 1.0 $ 23,374 0.6 $ 15,020
SECRETARY 0.5 $ 9,448 0.5 $ 9,401
I OFFICE ASSISTANT 0.5 7,809 0.5 8,120
OVERTIME $ 25,000 $ 25,000
SUBSIDY $ 11,700 $ 10,740
NEW HOLIDAY PAY $ 13,000 $ 13,000
SALARY RECLASS $ 1,000
SGT. /LT. PAY PARITY $ 8,373
AGENT STEP PAY PLAN $ 8,557
SALARY TOTALS 20.7 $ 711,107 20.2 $ 734,734
FRINGE BENEFITS
FICA/MEDICARE $ 47,295 $ 54,278
RETIREMENT $ 153,172 $ 140,336
LIFE INSURANCE $ 2,263 $ 2,463
HEALTH INSURANCE $ 85,360 $ 108,489
WORKERS COMPENSATION $ 37,323 $ 43,132
FRINGE BENEFIT TOTALS $ 325,413 $ 348,698
LARY& FRINGE TOTALS $ 1,036,520 $ 1,083,432
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I ; Brevard County Sheriffs Office
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ill- Cl of Cae Canaveral Contract 2001
. 1111
CAPITAL REQUESTS
FUNDING CAPITAL
SOURCE FY 2000 -01
1 REPLACEMENT - MARKED FORD EXPLORER 664411 $ 25,000
1 NEW - VEHICLE OUTFITTING PACKAGE 664412 $ 2,800
2 LAPTOP COMPUTERS FOR AGENTS 664491 $ 8,000
1 TRAILER FOR ATV'S AND AFV 664491 $ 1,250
6 MOBILE DATA COMPUTERS @ $6838 EA. 664491 $ 41,028
- ,f ' ERIFF`S TOTAL CAPITAL REQUESTS $ 78,0 1
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LAW ENFORCEMENT CONTRACT
Addendum dated 09/20/00
THIS AGREEMENT dated this 20th day of September, 2000, by and between, Philip B.
Williams, as Sheriff of Brevard County, hereinafter referred to as "Sheriff', and the City of Cape
Canaveral, Florida, a municipal corporation, hereinafter referred to as "City". C
WITNESSETH,
WHEREAS, the City purchase municipal to urchase ici al law enforcement services for that area of
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land within its municipal boundaries; and
WHEREAS, the Sheriff is desirous of performing those services;
NOW, THEREFORE, for g ood and valuable consideration, it is mutually agreed as follows:
1. PURPOSE
The Purpose of this agreement shall be to provide the citizens of City with police
services by Sheriff. The Sheriff shall at all times endeavor to provide the citizens of City with
the service similar to that which they would enjoy with a Municipal Police Department.
2. PERFORMANCE OF CONTRACT
The Sheriff will perform this contract as empowered and limited by the Constitution
and Laws of the State of Florida, which grant powers and duties of the Sheriff as chief
executive and law enforcement officer of Brevard County, the Charter of the City, and the
transfer of the City's police power by reason of this agreement.
a. As a standard of performance, Sheriffs deputy shall respond to all emergency
calls within the City's corporate limits within three (3) minutes after a call has
been dispatched. This response time may be extended during periods of mutual
aid service with other entities.
City of Cape Canaveral page 1 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001
3. SCOPE OF SERVICES
The Sheriff shall provide City with the following specified service and all support
services incident thereto:
a. Provide 24 -hour law enforcement services to the City and enforce all
laws for which the Sheriff has jurisdiction to enforce.
b. All personnel shall be as listed in the approved Personnel Allocation
listed at Appendix A to this contract.
c. There shall be a minimum of two cars and two deputies on patrol
within the corporate limits 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 City's streets or investigation or attending to
an observed or reported incident or availability to provide law
enforcement services within the response time set forth in paragraph
two herein above. Service shall include reactive patrol to enforce State
laws and City ordinances, proactive patrol to prevent and deter criminal
activity, traffic patrol to enforce traffic laws and prevent traffic crashes.
d. A law enforcement officer shall be present at Council meetings when so
requested by any member of the City Council or by the City Manager.
4. PERSONNEL
All personnel used by the Sheriff in the performance of such services, functions and
City of Cape Canaveral page 2 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001
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responsibilities as described and contemplated herein for the City, shall be and remain, Sheriff
employees or deputies, and no one of such persons shall be considered in the employ of the
City for the purpose of pension benefits, compensation, or any status or right. All deputies
shall be fully certified as required by both the State of Florida and the Sheriffs Office.
Deputies assigned to Cape Canaveral will remain assigned to duty in Cape Canaveral unless
they leave the employment of the Sheriff, or unless reassigned by the Sheriff after notification
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to the City Manager. The parties recognize that the final decision concerning the assignment
of personnel is the responsibility of the Sheriff. The parties agree that the Sheriff has the final
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decision on determining the rank structure implemented for personnel assigned to Cape
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Canaveral. The Sheriff further agrees there will not be more than two deputy(ies) assigned to
Cape Canaveral at a time with less than one year of experience as a law enforcement officer.
However, in the event the City considers any of the personnel assigned under this
contract to be contrary to the best interest of the City, the Sheriff agrees to reassign that (those)
person(s), after reasonable notice and a replacement will be provided within a reasonable time
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thereafter. t
5. PAYMENT t
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For the first year of this contract, the City shall pay to the Sheriff, the sum of
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$1,228,572 for operations and $104, 700 for capital equipment for his performance hereunder.
The contract price for the second year of this contract, the City shall pay the Sheriff, the sum
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of $1,288,235 for operations and $78,078 for capital equipment for his performance
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hereunder. This sum will be set based upon the mutually agreeable contrat price established
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by budget, and approved by the City. Should a mutually agreeable contract price not be t
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City of Cape Canaveral page 3 of 11
Law Enforcement Contract rev: 09/26/00
11:54 AM Fiscal Year 2000 -2001 !t.
responsibilities as described and contemplated herein for the City, shall be and remain, Sheriff
employees or deputies, and no one of such persons shall be considered in the employ of the
City for the purpose of pension benefits, compensation, or any status or right. All deputies
shall be fully certified as required by both the State of Florida and the Sheriffs Office. Deputies
assigned to Cape Canaveral will remain assigned to duty in Cape Canaveral unless they leave
the employment of the Sheriff, or unless reassigned by the Sheriff after notification to the City
Manager. The parties recognize that the final decision concerning the assignment of personnel
1 is the responsibility of the Sheriff. The parties agree that the Sheriff has the final decision on
determining the rank structure implemented for personnel assigned to Cape Canaveral. The
Sheriff further agrees there will not be more than two deputy(ies) assigned to Cape Canaveral
at a time with less than one year of experience as a law enforcement officer.
However, in the event the City considers any of the personnel assigned under this
contract to be contrary to the best interest of the City, the Sheriff agrees to reassign that (those)
person(s), after reasonable notice and a replacement will be provided within a reasonable time
thereafter.
5. PAYMENT
For the first year of this contract, the City shall pay to the Sheriff, the sum of
$1,225,025 for operations and $49, 258 for capital equipment for his performance hereunder.
The contract price for the second year of this contract, the City shall pay the Sheriff, the sum
of $1,288,235 for operations and $78,078 for capital equipment for his performance
hereunder. This sum will be set based upon the mutually agreeable contract price established
by budget, and approved by the City. Should a mutually agreeable contract price not be
City of Cape Canaveral page 3 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001
approved before September 30, 2001 the contract price for the second year shall be equal to
the total cost of services for the first year, increased by a percentage equal to that approved
by the Brevard County Commissioners for salaries and benefits of Brevard County
Sheriff's Office employees. This amount may be adjusted by mutual agreement after the
start of the contract year after a budget is approved by the City. Sheriff shall separately
account for all services rendered by him hereunder and, to the extent, that Sheriffs cost of
performance is less than the contract price for any given year, City shall receive a rebate to the
extent of such surplus. Payments for personnel services and operating expenses shall be made
in twelve monthly installments payable on or before the fifth day of each month, beginning
October 1, 2000. The City will with the November monthly installment remit to the Sheriff the
capital appropriation for the fiscal year. g`
The contract price stated herein above includes a portion of Sheriffs indirect overhead,
to cover costs such as dispatch services and other services provided by Sheriff in support of
Cape Canaveral. City's pro rata share of such indirect overhead expenses is approximately
$140,000.00, annually. To provide City with price stability, in the first year of this contract,
Sheriff agrees to use a lower 7% administrative cost standard charging $80,141.00. If minimal
time and expenses are incurred when transitioning between this contract and the first option
year (FY 2001 - 2002), the Sheriff agrees to hold the 7% administrative cost standard charging
$80,141 for the first option year. -'
Should the City desire that the Sheriff provide services at a higher level than that
contemplated herein, the City Manager shall have the authority to negotiate with the Sheriff
regarding modification of the Agreement and shall bring such modification to the City Council
City of Cape Canaveral page 4 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001
for appropriate action. Any request for modification of service levels shall be accomplished by
written request to the Sheriff, and if necessary, amendment to the contract price then in effect.
The City agrees that in the event of a catastrophic event, additional funding shall be provided
by the City for vehicles, equipment and supplies, less any disaster relief funding provided by
another agency.
6. TERM OF AGREEMENT
This Agreement shall take effect on the 1st day of October 2000, and shall continue in
effect for one year with an option to renew annually thereafter, based upon mutual agreement
between the City of Cape Canaveral and the Brevard County Sheriff's Office.
7. DATA
The Sheriff shall provide to the City Manager the quarterly activity reports for each
month. In addition, the Sheriff shall provide to the City Manager such other information as he,
from time to time, may reasonably request.
The City may retain at its expense an independent audit firm to conduct a compliance
review and/or audit of said contract.
8. FACILITIES
F
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The City shall provide facilities for use by Sheriff in performing this contract. In the
facilities provided by the City for use by the Sheriff, the City hereby agrees to provide for all
routine maintenance, repairs and replacement of existing facilities, and shall provide janitorial
services and, pay all charges for utilities, telephone and other services required for the
operation of the facilities.
The facilities shall be used for the sole purpose of providing the services as defined in
City of Cape Canaveral page 5 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001
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this Contract. Any other use of these facilities shall be negotiated as to cost and extent.
9. EQUIPMENT
All equipment purchased by the Sheriff, for use in performance of this agreement,
which purchases are funded with monies from this contract shall remain in the exclusive
possession of the Sheriff until the contract terminates. Ownership, of such equipment shall
remain with the City at all times and possession shall be surrendered to City upon termination
hereof All equipment leased to the City shall remain the property of the Sheriff, upon
termination hereof. The Sheriff shall maintain an inventory of equipment, continually updated,
and shall, upon request, provide written inventory reports to the City Manager.
10. FINES, FORFEITURES AND FEES
A. All fines, forfeitures and fees collected by the County Court on cases made by law
enforcement officers within the City limits, will continue to be returned to the City
in accordance with the existing law of Florida.
B. Sheriff agrees that within the provisions of Florida Statute Chapter §932, money
collected from operations where the officers employed by the City are assigned will
be distributed pro rata to the Sheriff, held in trust for the Cape Canaveral Precinct
in direct relationship to the percentage contribution of City assigned personnel are
as a proportion of the total law enforcement officers involved in the operation from
which money is collected. These proceeds shall be dedicated solely for the
Sheriff's law enforcement function within the City, in accordance with Florida
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Statute Chapter §932. Funds not expended by September 30 of each fiscal year
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City of Cape Canaveral page 6 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001
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will be returned to the Sheriff.
C. Properties taken in contraband forfeiture cases within the City of Cape Canaveral I
shall be forfeited to the use of the City. Should the City accept the forfeited
property, the City shall assume all legal costs related to the forfeiture. Should the
City refuse to accept the forfeited property, the Sheriff may elect to transfer the
property to the Sheriffs Office or may sell the property, where upon all proceeds
will be the sole property of the Sheriff.
D. Sheriff shall apply to the Court to recover investigative fees upon successful
prosecution of active cases and shall remit recovered fees to the City in January,
April, July, and October of each year Sheriff will also provide copies of all cost
affidavits monthly.
11. TRAINING
In October of each Fiscal year, the City will transfer up to $10,000 of Police Education
Income Funds (Second Dollar) when available, to the Sheriff for the sole purpose of training
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deputies and support staff assigned to the City.
12. RULES AND REGULATIONS'
The Sheriff will have sole authority to promulgate rules and regulations for the
operation of the Brevard County Sheriffs Office law enforcement officers who function within
the City.
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13. CONTRACT PURCHASES
The Sheriff will have sole power to determine and to contract for or purchase services,
equipment, supplies, facilities, and other property for law enforcement needs within the City,
City of Cape Canaveral page 7 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001
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provided Sheriff can do so with funds allocated to him pursuant to this agreement.
14. FEDERAL OR STATE AID
The City will determine when to apply for, with assistance and cooperation from the
Sheriff, federal or state grants, aids, loans, assistance or other acquisition for law enforcement
needs within the City. Responsibility for accounting and administration of approved Federal
and State grants shall be the responsibility of the City.
15. INSURANCE
Sheriff agrees to provide law enforcement officer's professional liability insurance
coverage for bodily injury and property damage caused by an occurrence arising out of the
scope and performance of duties by law enforcement officers and support personnel covered by
this agreement. The Sheriff will provide automobile liability insurance for bodily injury and
property damage for vehicles used by the Sheriffs Office under the terms and conditions of this
agreement.
Alternatively, the Sheriff at his election, may become part of a recognized self-
insurance program with other law enforcement units to provide such protection. Costs of such
protection described above will be part of the funds provided by the City.
The City will provide for its own fire, storm, flood, and property damage and public
liability insurance for bodily injury and property damage, for the facilities furnished by City to
Sheriff, and shall name the Sheriff as an additional insured, at no cost to the Sheriff. Each,
Sheriff and City, will upon request, provide the other with a copy of each insuring agreement
mentioned in Paragraph 15.
City of Cape Canaveral page 8 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001
16. DISPUTES OR DISAGREEMENTS
During the duration of this agreement, all disputes or disagreements between the
parties relative to either party's performance under the terms 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 fifteen
(15) 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. The parties will choose a retired circuit judge as
arbitrator. If the parties cannot agree on an arbitrator, then an arbitrator will be selected by the
court pursuant to Florida Statute §682.
17. HOLD HARMLESS CLAUSE
To the extent provided by Florida Statute, the City and Sheriff each indemnify and will
hold the other whole and harmless from any and all manner of action and actions, cause and
causes of action, suits, trespasses, judgments, executions, claims and demands and losses and
damages, cost and expenses of any kind whatsoever, including reasonable attorney's fees and
court cast which may be claimed by any third party to have resulted from or arise out of the
intentional or negligent acts of the employees, officers or agents of the other, whether
occurring before or after the City and Sheriff assumed the obligations of this Agreement.
18. NOTICE
Notice or other writings required or permitted under this agreement shall be given to
the Sheriff at 700 Park Avenue, Titusville, Florida 32780; and to the City at 105 Polk Avenue,
Post Office Box 326, Cape Canaveral, Florida 32920.
City of Cape Canaveral page 9 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001
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19. MODIFICATIONS
This agreement shall be subject to modifications at any time upon written mutual
consent of the parties hereto.
20. MARKINGS
The City shall have the right to mark the Sheriffs cars used in Cape Canaveral with a
specific Cape Canaveral designation provided that the markings are not contrary to any Statute
or Regulation for marking Sheriff Office vehicles.
21. TERMINATION
Either party may terminate this Agreement without cause or further liability to the
other, upon written notice to the other party, said written notice to be given not less than 180
days prior to the requested termination date, said notice to be deemed delivered when a copy is
delivered to the other parties and receipted for. Upon any such termination all further
obligations shall cease, except for those related to payment for services rendered prior to the
effective date of such termination.
22. LEGALITY OF AGREEMENT
Any obligations created by this agreement, which are hereafter determined by court of
competent jurisdiction to be illegal are void, and neither party will be obligated to further
perform as to such obligations. t.
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23. TOTALITY OF AGREEMENT
There are no other agreements or conditions, written or oral, between the parties.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day
and year first written above.
City of Cape Canaveral page 10 of 11
Law Enforcement Contract rev: 09/20/00
AMFiscal Year 2000 -2001
Attest: SHERIFF OF BREVARD COUNTY, FLORIDA
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Sheriff Philip B. Williams
Attest: CITY OF CAPE CANAVERAL, FLORIDA
Mayor M. R. "Roc ' Randels
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City of Cape Canaveral page 11 of 11
Law Enforcement Contract rev: 09/20/00
11:54 AMFiscal Year 2000 -2001