HomeMy WebLinkAboutResolution 2011-15 RESOLUTION NO 2011 -15
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 J.R. "JACK" PARKER, AS SHERIFF OF
BREVARD COUNTY; PROVIDING FOR 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 two (2) year term commencing on October 1,
2011 and ending September 30, 2013, and provides the City and the Sheriff shall
renegotiate the contract price each year for the term of the contract.
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 agreement
for Municipal Law Enforcement Services between the City of Cape Canaveral and the
Sheriff to provide services for the contract year October 1, 2011 through September 30,
2013. A copy of said agreement 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.
ADOPTION PAGE FOLLOWS:
City of Cape Canaveral, Florida
Resolution No. 2011 -15
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20
day of September, 2011.
Rocky Randels, M yor
ATTEST:
Name For Against
Angela M. Apperson, City Clerk
Robert Hoog Motion
Jim Morgan Seat Vacant
Buzz Petsos Secnnrl
Rocky Randels x
Betty Walsh
Approved to F
pp as o rm: 0
Al Ail •
A thony A. Garganese, City Attorney
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CAPE CANAVERAL LAW ENFORCEMENT CONTRACT
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FY 2011/2012 — FY 2012/2013
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This Agreement made and entered into this 28th day of September , 2011
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 J.R. "Jack" Parker, in his capacity as the Sheriff of Brevard
4 County, Florida, a county constitutional officer and a county charter officer,
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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
the 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:
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ARTICLE I, DEFINITIONS:
The following terms shall have the respective meanings hereinafter set forth for
the purposes of this Agreement:
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1. Administrative Assistant: A non -sworn exempt employee of the
SHERIFF whose primary duties are of an administrative role and
1 management of the administrative functions of the Commanding Officer.
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2. 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
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personnel under their command, and to act as liaison with the City
Manager, Cape Canaveral.
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3. 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 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.
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4. Deputy or Deputy Sheriff: A sworn law enforcement officer employed
by the SHERIFF. The primary duties of this position are responding to
emergencies, crimes, public service, accident investigation and pro- active
patrol of a designated geographical area
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5. Effective Date: October 1, 2011.
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6. Fiscal Year A period of time beginning on October 1 of the designated
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year and ending September 30 of the following year.
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7. General Crimes Agent: A sworn law enforcement officer employed by
the SHERIFF whose primary duties include investigation of felony crimes,
such as Burglary, Grand Theft, Robbery, Aggravated Assault, Aggravated
Battery, Forgery, Fraud and other crimes designated by the Commanding
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Officer, Canaveral Precinct.
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8. K -9 Unit: A sworn law enforcement officer employed by the SHERIFF
teamed with a trained K -9. Primary duties include routine active patrol,
tracking and apprehension of suspects, search of buildings or grounds
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and detection of narcotics.
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I 9. Lieutenant: A sworn law enforcement officer of managerial rank
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employed by the SHERIFF. This position is responsible for the
administration of precinct operations, facilitation of continuing training of
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precinct personnel, coordination of emergency and tactical operations and
may serve as acting commander in the absence of the Commanding
Officer.
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10. Office Assistant/Desk Clerk: A non -sworn employee of the SHERIFF,
1 whose primary duties include routine office tasks, greeting the public in
person and on the telephone, and initiating case reports.
11. Patrol: The actual patrolling of the jurisdictional area of the CITY by
the SHERIFF through his deputies, and attending to an observed or
I reported incident or availability to provide law enforcement services.
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12. Public Service Aide: A non -sworn employee of the SHERIFF whose
primary duties are to augment road Deputies by handling non - emergency
and non -in- progress calls.
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j 13. School Resource Officer: a sworn law enforcement officer employed
by the SHERIFF. This program is designed to foster the development of
positive attitudes by the youth toward the law and law enforcement officers
in the school environment. Duties include crime prevention, counseling
and teaching gang resistance and substance abuse prevention.
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14. Sergeant: A sworn law enforcement officer of supervisory rank, whose
primary duties include the direct supervision of a shift of deputies or
specialty unit, generally assigned to a particular shift. This position is also
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responsible for the same duties as listed for a Deputy Sheriff in Paragraph
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1.4 of this Agreement.
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15. Service: Comprehensive professional law enforcement and protection
4 1 on a twenty -four (24) hour per day basis, except hereinafter stated,
including reactive patrol to enforce State Laws and, to the extent allowable
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I by law, City Ordinances of the CITY; pro- active patrol to deter criminal
i activity; and traffic patrol to enforce traffic laws and prevent traffic
accidents.
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16. Shift: Service provided on an eight, ten or twelve hour basis (assigned
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1 at the discretion of the SHERIFF or designee) based on operational
needs.
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17. Special Investigations Agent: a sworn law enforcement officer whose
primary duties are the investigation of crimes related to narcotics,
I controlled substances, prostitution and gambling.
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18. Special Operations Officer: A sworn law enforcement officer whose
primary duties consist of crime prevention, special community projects,
directed patrol, supervision and administration of the Citizen Observer
Program and problem solving within the community.
19. State of Emergency: The facts, events and circumstances which result
in a declaration of disaster or other state of emergency by the Governor of
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the State of Florida or the United States government.
I 20. Traffic Enforcement Deputy: a sworn law enforcement officer
employed by the SHERIFF. Primary duties consist of traffic enforcement,
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accident investigation, directed patrol and special community projects.
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ARTICLE II, LEVEL OF LAW ENFORCEMENT SERVICE:
As a nationally 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 Order
4 200.01. 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. The 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:
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1. Provide 24 -hour law enforcement services to the CITY and enforce all
j laws for which BCSO has jurisdiction to enforce.
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j 2. There shall be a minimum of two deputies on patrol within the
1 jurisdictional boundaries of the 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
4 services may be augmented by mutual aid service. Patrol shall be
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construed to mean, the actual patrolling of the jurisdictional area of the
CITY, or attending to an observed or reported incident or availability to
I provide law enforcement services. Service shall include reactive patrol to
enforce State laws and, to the extent allowable by law, City Ordinances of
the CITY, proactive patrol to prevent and deter criminal activity and traffic
patrol to enforce traffic laws and prevent traffic crashes.
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3. A representative of BCSO shall be present at City Council meetings or
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other public meetings when so reasonably requested by the City Manager
or his /her designee.
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I 4. Commencing on the Effective Date, staffing provided by this Agreement
will be as follows:
1 Commander (shared position with BCSO)
I 1 Lieutenant
6 Sergeants
1 15 Deputies
2 General Crimes Agents
1 School Resource Officer (SRO) at Cape View Elementary
1 Traffic Enforcement Deputy
1 Special Investigations Agent (shared position with BCSO)
1 Administrative Assistant
1 Public Service Aide
3 Office Assistants /Desk Officers
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5. BCSO shall make all good faith efforts to provide full staffing for all
contracted personnel listed within this contract on the Effective Date.
6. BCSO shall make all good faith efforts to promptly fill any personnel
vacancy occurring throughout the duration of this contract.
ARTICLE I11. ANCILLARY SERVICES
In addition to those services and responsibilities hereinabove described, BCSO
shall provide the CITY, with the following expertise, services and facilities as the
same might be required from time to time on an availability /priority basis as
determined by the SHERIFF.
1. Countywide Selective Enforcement Unit;
2. Aviation Unit;
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3. Prisoner and Detention Center Services;
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4. Homicide /Major Crimes Unit;
5. K -9 Services;
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6. Crime Scene Unit;
7. Watercraft/Boats and BCSO Dive Team;
8. BCSO attendance of meetings of the CITY, when requested;
9. Any Other Unit or specialty service developed by BCSO during the
term of this Agreement.
ARTICLE IV. MAINTENANCE OF ABILITY
All Capital Equipment purchased by the SHERIFF for use in the performance of
this Agreement shall remain in the exclusive control of the SHERIFF. Ownership
of such equipment shall remain with the SHERIFF at all times. Ownership of
vehicles purchased prior to the execution of this Agreement shall remain with the
CITY. Upon termination of this Agreement or the surplus of any vehicle
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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.
The CITY shall provide facilities for use by SHERIFF in performing this
Agreement. 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 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 this Agreement. Any other use of these facilities
shall be negotiated as to cost and extent.
ARTICLE V. EMPLOYMENT RESPONSIBILITY
All Deputy Sheriffs, supervisors and other 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 the CITY for the purpose of
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1 pension, benefits, insurance benefits, civil service benefits, compensation or any
status or right. Accordingly, the CITY shall not be called upon to assume any
liability for or direct payment of any salaries, wages or other compensation,
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contributions to pension funds, insurance premiums, worker's 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 the CITY or any other liabilities
whatsoever, unless specifically provided herein. Likewise, unless specifically
provided to the contrary herein, the 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.
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ARTICLE VI. EMPLOYMENT: RIGHT OF CONTROL
The 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.
4 1. T he CITY, by its City Manager, shall have the right to request BCSO to
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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. The CITY agrees to cooperate with BCSO, its Deputy Sheriffs and
other departmental personnel in all reasonable ways in order to effectively
I 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 the SHERIFF; provided, however, BCSO agrees that it will
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cooperate with the CITY so as to concentrate its efforts in particular areas
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or incidents called to the attention of the Commanding Officer, Canaveral
Precinct by the City Manager or his /her designee.
ARTICLE VII. CONSIDERATION
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1. The compensation to be paid by the CITY to BCSO for Fiscal Year
2011 — 2012 shall be the sum of Two Million Four Hundred Fifty -Seven
Thousand, Seven Hundred Seventy Eight Dollars ($2,457,778), to be
calculated as follows: Fee amount for services of $2,577,778 less credit
for Avon -by- The -Sea of $120,000 for a total of $2,457,778.
2. Payments shall be made to BCSO by the CITY in twelve equal monthly
installments of $204,814 payable on or before the first day of each month.
3. The Consideration Clause of this Agreement shall be negotiated
I annually through the budgetary process between the CITY and the
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SHERIFF.
4. Written agreement as to the compensation paid by the CITY to BCSO
1 for each subsequent year shall be in force by October 1 of the affected
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year Should a mutually agreeable fee not be reached by September 30,
j 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 the CITY approves a
budget.
.. 5. Any request for modification of service levels contemplated within this
I Agreement shall be accomplished by written request to the SHERIFF, and
if necessary, amendment to the fee then in effect.
6. Should the CITY desire that the SHERIFF provide services at a
higher level than contemplated herein, the CITY, through its City
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Manager, may negotiate with the SHERIFF regarding modification of
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this Agreement and shall bring such modification to the City Council
for their consideration and appropriate action.
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7. Cost of Investigation funds received by BCSO shall be remitted to
the CITY on a quarterly basis.
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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.
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ARTICLE IX. NATURAL DISASTERS AND EMERGENCY OPERATIONS
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I 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 the CITY and the SHERIFF, the
CITY agrees to fund the additional personnel, overtime, capital and
operational expenses, incurred by BCSO during the declaration period for
the benefit of the CITY.
t 2. Any State or Federal aid sought in relief for such disasters or
emergencies shall be the responsibility of the 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 the
SHERIFF, and employees in all precincts /offices performing non-
essential functions on a county -wide basis are granted paid
administrative leave by the SHERIFF to return home, those
1 employees of the SHERIFF required to work during the emergency
conditions, in lieu of the paid administrative leave, shall receive
1 compensatory time for all normally scheduled hours worked (hour
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for hour basis) in which non - essential employees of the SHERIFF
are granted paid administrative leave and, in addition, shall be paid
as follows:
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(1) Employees of the SHERIFF shall be paid at time and
one -half for all hours worked during the declared emergency
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(2) Upon approval from the SHERIFF, Commanders, Majors,
14 Directors and Managers may receive compensatory time for
hours worked outside their normal work hours during the
declared emergency conditions.
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(3) Temporary employees of the SHERIFF shall not be
eligible to receive paid administrative leave during a
declared emergency. In the event a temporary employee is
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required to work during the declared emergency they shall
be paid time and one -half for working the emergency event.
(b) Employees of the SHERIFF who are required to work during the
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recovery effort period, as established by the SHERIFF shall be paid
time and one half for all hours worked during the recovery effort
period.
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(c) Employees of the SHERIFF who are on a pre- approved leave or
regularly scheduled day off during the declared emergency period
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are not eligible for administrative leave.
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ARTICLE X. GRANTS
The 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
1 enforcement operations at Cape Canaveral. The CITY shall be responsible for
the application, administration and disposition of any and all such grants.
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ARTICLE XI. INSURANCE
The 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. The
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 1. The 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 the CITY.
2. The CITY shall provide its own fire, storm, flood, property damage and
public liability insurance for bodily injury, for the facilities furnished by the
CITY to the SHERIFF and shall name the SHERIFF as an additional
1 insured, at no cost to the SHERIFF.
3. The CITY assumes all risk of loss not covered by insurance.
ARTICLE XII. FORFEITURE FUNDS
1. The SHERIFF agrees that within the provisions of the Florida
Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida
Statutes), proceeds collected from operations originating by Deputy
Sheriffs assigned to and within the jurisdictional area of the CITY pursuant
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to the Florida Contraband Forfeiture Act will be utilized to enhance law
enforcement operations within the CITY.
2. Proceeds, including monies, collected by the SHERIFF in accordance
with the provisions of Paragraph 12.1 of this Agreement shall be
distributed as follows:
(a) Proceeds of not more than $50,000 in value seized pursuant to
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BCSO law enforcement operations within the jurisdictional area of
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the CITY, upon forfeiture, will be awarded to the CITY, Tess the
j attorney fees and other direct costs of the forfeiture proceeding.
Such proceeds awarded to the CITY shall be utilized for law
4 enforcement services, as specified by Florida Statute 932.7055,
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within the CITY.
j (b) Proceeds exceeding $50,000 in value seized pursuant to BCSO
law enforcement operations within the jurisdictional area of the
CITY shall be disbursed, less attorney fees and other direct costs of
the forfeiture proceeding, as follows: (1) Upon forfeiture, the first
j $50,000 of proceeds as to value shall be awarded to the CITY; and,
(2) Proceeds in excess of $50,000 of value shall be distributed pro
1 rata in relationship to the percentage of the assigned Deputy
Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs
funded by Brevard County who are assigned to the operation. Such
proceeds awarded to the CITY shall be utilized for law enforcement
1 services, as specified by Section 932.7055, Florida Statutes, within
the CITY.
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s (c) Proceeds exceeding $10,000 in value seized pursuant to BCSO
law enforcement operations outside the jurisdictional area of the
CITY with the participation of Deputy Sheriffs assigned to the CITY
shall be distributed pro rata in relationship to the percentage of the
assigned Deputy Sheriffs from Canaveral Precinct to the number of
Deputy Sheriffs funded by Brevard County assigned to the
3 operation. Such proceeds awarded to the CITY shall be utilized for
law enforcement services, as specified by Section 932.7055,
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Florida Statutes, within the CITY.
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3. If property other than cash or currency is seized in contraband
forfeiture cases within the jurisdictional area of the CITY, the CITY shall
advance all legal costs related to the forfeiture. Should the CITY refuse to I
advance such costs, the SHERIFF may elect to fund the legal costs of the
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forfeiture proceeding whereupon the property or any proceeds from the
sale of such property shall be the sole property of the SHERIFF.
4. The 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 the SHERIFF will be made to the 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 the SHERIFF.
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ARTICLE XIII. TRAINING
The CITY upon request of the SHERIFF, shall disburse when available, Police
Education Income Funds (Second Dollar) to the SHERIFF, for the continuing
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4 professional education of personnel assigned to Canaveral Precinct.
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1 ARTICLE XIV. HOLD HARMLESS CLAUSE
The CITY and the SHERIFF each will be responsible for any and all manner of
action and actions, cause and causes of action, suits, trespasses, judgments,
1 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 the CITY and the SHERIFF assumed the
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obligations of this Agreement. Each party will be responsible for defending any
1 actions, claims or suits arising from any act or omission of its own employees,
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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
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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.
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1 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: J. R. "Jack" Parker, Sheriff
700 Park Avenue
Titusville, Florida 32780
To The CITY: City of Cape Canaveral
Attn: City Manager
105 Polk Avenue
Cape Canaveral, Florida 32920
ARTICLE XVII. TERM OF AGREEMENT
This Agreement shall have an effective date of October 1, 2011, and shall remain
I in effect through September 30, 2013, with an option to renew annually
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thereafter, based upon mutual agreement between the CITY and the SHERIFF.
1 ARTICLE XVIII. MODIFICATION:
1 This Agreement shall not be modified except by a written Modification
Agreement, signed and properly approved by both parties hereto.
ARTICLE XIX. TERMINATION
I Either party may terminate this Agreement without cause or further liability to the
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other, upon written notice, to the other party. Written notice for the termination
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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 the City and Owner as to the
subject matter hereof.
THE NEXT PAGE IS PAGE 17, THE SIGNATURE PAGE.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and the year first written above.
ATTEST: ` OF BREVARD COUNTY, FLORIDA
latallt
J R. ack" Parker, Sheriff
ATTEST: MAYOR OF THE CITY OF
CAPE CANAVERAL, FLORIDA
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� � i Rocky a.c.)g,, c?,‘„,,ci„Q„__
Randels, Mayor
Approved as to f and content:
Charles Ian Nash,
I General Counsel for SheriffJ.R. "Jack" Parker
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Date:
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