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Home My WebLink AboutResolution No. 1976-61 • MICROFILMED 4-10-80 RESOLUTION NO. 76-61 A RESOLUTION AUTHORIZING CITY OF CAPE CANAVERAL TO ENTER INTO AGREEMENT WITH SHERIFF OF BREVARD COUNTY AND BOARD OF COUNTY COMMISSIONERS OF B REVARD COUNTY FOR CONFINEMENT OF PRISONERS IN COUNTY JAIL; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: i • SECTION 1. That the City Council hereby authorizes the Mayor and City Clerk to execute an agreement among the City, the Sheriff of Brevard County and the Board of County Commissioners of Brevard County, Florida, for confinement of prisoners for violation of the City's municipal ordinances in facilities owned by the County, at Titusville, Florida, a copy of said agreement is attached hereto and made part hereof by reference. SECTION 2. This resolution shall become effective immediately upon its adoption. ADOPTED by the Ci ty Council of the City of Cape Canaveral, Florida, this- / .:7 day of November , 1976. A.//sit ayor 12 5 d ,1, y> ::- ty:Clerk - s A. roved` norm: AGREEMENT THIS AGREEMENT, made and entered into this -7'tr day of -November; 1976, by and among the City of Cnpe Canaveral, a municipal corporation organized and existing under the laws of the State of Florida, herein called "City", Leigh S. Wilson, the duly qualified Sheriff of Brevard County, Florida, herein called "Sheriff ", and Brevard County, acting by and through its governing body, the Board of County Commission- ers of Brevard County, Florida, herein called "County ", wITNESSETII: That for and in consideration of the sum of Ten and No /100 Dollars ($10.00) and other good and valuable considerations and in further consideration of the mutual promises and covenants herein contained, the City and County agree as follows: 1. That the City shall be allowed to confine prisoners for violation of the municipal ordinances of City in facilities owned by County at the County jail in Titusville, Florida. 2. City shall pay to County the sum of Two Dollars ($2.00) per day per prisoner as total fees for use of the jail facilities and for care of said prisoners. In computing the number of days the prisoner has been In jail, state procedures shall be used. 3. It is mutually understood and agreed that either party to this Agreement may terminate this Agreement by giving the other party ten (10) days written notice of such Intention to terminate this Agreement. On termination of this Agreement, all City prisoners In custody of Sheriff charged only with violations of City ordinances shall be remanded by Slerlff to the City. 9. The Sheriff agrees to furnish such care to City prisoners as is furnished to County and State prisoners on a uniform, non - discriminatory basis, In accordance with rules and regulations established by the Sheriff of Brevard County; provided, however, that all hospital, doctor and medical bills, including medicine, for City prisoners shall be paid by the Cl ty 4 MICROFILMED 4-10-,80 . except that no charge shall be made to the City for the registered nurse care provided by the Sheriff. 5. The City shall process and book its own prisoners, and City ! shall furnish policemen to escort prisoners to and from City Court. City t agrees not to call employees of Sheriff as witnesses in City Court cases without permission of the Sheriff. City shall not request Sheriff to allow City to remove City prisoners from the jail for use on work crews. • 6. The City hereby agrees to indemnify and save harmless the • County and Sheriff from any and all actions or claims for civil damages (both compensatory and punitive) arising out of and relating to the incar- ceration of City prisoners in the county jail. 7. City shall, in addition to the Two Dollars ($2. 00) per day fee set forth in Paragraph 2 above, at the end of each calendar month, purchase food supplies costing an amount equal to Sixty Cents ($. 60) per prisoner per day (prisoner days) for the calendar month and deliver these food supplies to the Sheriff's designated representative. 8. City officers and employees shall at all times have access to said prisoners for interrogation and other necessary and proper purposes. .F.3, 1,'i? ° .` ESS WHEREOF, the parties to this Agreement have caused litkfix� O itit i be;signed and sealed by the proper officers this day ^1'"' ""7{ ^ r 1� '' c.)•>' ., " CITY OF CAPE CANAVERAL A•t `, .. 6 ,:� ,( 'q ;- 3'.., _4;,,,,19 By: • ttir.c doJ ',, r,t � r e / (.,-1. / v;: -.I I )11. 114u)t .S.. Mayor -PRO-TEM to � -.: j"/9.74%.(s: .e 1_, ].!' S. it son, Sheriff of Brevard gyp_)_ .7 '' ,J i'' County, Florida Wirnes--s / BREVARD COUNTY, by and through its Governing Body, the Board of County Attest:/ i i Commi ioners •4ff'/, %AJ/>1 / Bi By: Lavo,14,0t, urtis R. :"arnes, C er Chairman 2. A G R E E M E N T THIS AGREEMENT, made and entered into this 17 day of February , 1977, uy and among the CITY OF CAPE CANAVERAL, a municipal corporation organized and existing under the laws of the State of Florida, herein called "City ", ROLLIN W. ZIMMERMAN, the duly qualified Sheriff of Drevard County, Florida, herein called "Sheriff ", and DREVARD COUNTY, acting by and through its governing body, the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, herein called "County ", W I T N E S S L•' T II : That for and in consideration of the sum Of TEN AND NO /100 DOLLARS ($10.00) and other, good and valuable considerations and in further consideration of the mutual promises and covenants herein con- tained, the City and County agree as follows: 1• That the City shall be allowed to confine prisoners for violation of the municipal ordinances of City in facilities owned by County at the County jail in 'ritusvilic, Florida. 2. City shall pay to County the sum of TWO DOLLARS ($2,00) per day per prisoner as total fees for use of the jail facilities and for care of said prisoners. In computing the number of days the prisoner has been in jail, state procedures shall be used. 3. It is mutually understood and agreed that either party to this Agreement may terminate this Agreement by giving the other party ten (10) days written notice Of such intention to terminate this Agree- ment. On termination of this Agreement, all City prisoners in custody Of Sheriff charged only with violations Of City ordinances shall be remanded by sheriff to the city. 4. The Sheriff agrees to furnish such rare to City prisoners as is furnished to County and State prisoners on a uniform, non- discrim- inatory basis, in accordance with rules and regulations established by the Sheriff of Drevard County; provided, however, that all hospital, doctor and medical bills, including medicine, for City prisoners shall � MICROFILMED 4-10-80 be paid by the City except that no charge shall be made to the City for the registered nurse care provided by the Sheriff. 5 . The City shall process and book its own prisoners , and City shall furnish policemen to escort prisoners to and from City Court. City agrees not to call employees of Sheriff as witnesses in City Court cases without permission of the Sheriff. City shall not request Sheriff to allow City to remove City prisoners from the jail for use on work crews . ' 6 . The City hereby agrees to indemnify and save harmless the County and Sheriff from any and all actions or claims for civil damages (both compensatory and punitive) arising out of and relating to the incarceration of City prisoners in the County jail. 7. City shall, in addition to the Two Dollars ($2.00) per day fee set forth in Paragraph 2 above, at the end of each calendar month, pay to County an amount equal to Sixty Cents (600) per prisoner per day (prisoner days) for the previous calendar month. 8. City officers and employees shall at all times have access to said prisoners for interrogation and other necessary and proper purposes . IN WITNESS WHEREOF, the parties to this Agreement have caused'. this instrument to be signed and sealed by the proper officers this 17 day of. ,_ February , 1977. . rte q01, : COQ h`r`50, e} �`' ,,,.�„1/ Jf, CITY OF CAPE CANAVERAL ±Attest , p ' y �, v By �c., A47.---e-t,4 o 71 '-- -- -r ems- ri 9 -,', _::,,,;t7;---1_-:-,:;2--C.ity Clerk -_,MIti--, -.,-._ ,,, :.;-.-_-, .,,,...._sLcL.,at j j._,.9.. ._ •o'.. r i irP"--44, — . ,- - eN . - 0 I,) r C ,; .: __ Rollin � Amerman, Sheri f of ' '� `/ Brevard • ' ty, Florida / • Witne les BREVARD COUNTY , by and through Attes : its Governing Body, the Board of County Commissioners R. C. N nstead, Jr. , lerk By (----00.1A"...,...........,- ' Lee Wenner , Chairman 2_ 3_ 77. I -2- • .