HomeMy WebLinkAboutResolution No. 1985-44 MICROFILMED AILI“,1
RESOLUTION NO. 85-44
A RESOLUTION AUTHORIZING THE MAYOR AND
THE CITY CLERK TO ENTER INTO AN AGREEMENT
WITH THE BREVARD COUNTY SHERIFF'S DEPARTMENT
TO PROVIDE MUNICIPAL POLICE SERVICES TO THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Cape Canaveral, Florida, as follows:
SECTION 1. The Mayor and City Clerk are hereby
authorized to execute an agreement with the Sheriff of
Brevard County, Florida, for providing municipal police
services within the corporate City limits of Cape Canaveral,
Florida; a copy of said agreement is attached hereto and
made a part hereof by reference.
SECTION 2 . This Resolution shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 3rd day of September , 1985 .
C f j/1/..
ayor
ATTEST:
' . ✓
e J ty Clerk= ` =111111
FISCHETT X
Approved as to Form: MARCHETTI III
NICHOLAS W
RUTHERFORD,.
WINO JESTER
' 1141111111Lira
/5eputy Cit h°ttorney
0
LAW ENFORCEMENT CONTRACT
THIS AGREEMENT dated this /' day of 0./ 1,
1985, by and between the Sheriff of Brevard County,
hereinafter referred to as "Sheriff", and the City of
Cape Canaveral, Florida, a municipal corporation, hereinafter
referred to as "City".
WITNESSETH,
WHEREAS, the ,City wishes to purchase municipal. law
enforcement services for that area of land, within its
municipal boundariesi and
WHEREAS, the Sheriff in desirous of performing those
serviceal'
NOW, THEREFORE, for good and valuable consideration, it
is mutually agreed as follows:'.
1. PURPOSE The Purpose of this agreement shall be to
provide the citizens of the City with police services by the
Sheriff's office. The Sheriff shall at all times endeavor to
provide the citizens of the City with the service similar to
that they would enjoy with a Municipal Police Department.
It is expressly acknowledged that all services provided
by the Sheriff under this contract are completely paid for by.
the consideration given 'by the City under the terms of this
contract and are completely separate and over and above any
and all ad valorem tax dollars or any other revenues paid by
or received on behalf of the, citizens of the City to Brevard
County.
It is expressly understood that at the and of three months
from the effective date of this contract,. the City shall
review the status of the working relationship between the
Sheriff and the City, and the City shall ascertain if the
level of service is satisfactory. If the service is un-
satisfactory,'tha City s4all detaa�ine if the Rbsrif! sen
Attachment to
Resolution -No. BS -44
Page 1 of a
correct the problems. If these problems cannot be resolved
to the City's satisfaction, then the City shall commence to
determine the feasibility of providing its own police service
and a time -table to implement its own police service. The
Sheriff shall cooperate to the fullest extent possible to
provide ,the necessary data.
2. PERFORMANCE OF CONTRACT The Sheriff will 'perform
this contract as empowered and limited by the Constitution
and Laws of the State ofFlorida, .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.
As a standard of performance, Sheriff's deputy shall
respond to all calls within the City's corporate limits'
within three (3) minutes after a call has been dispatched
and the deputy is available:
3. SERVICE LEVEL The Sheriff shall provide the City
with the specified level of service and all support services
incident theretot
a) There shall be two cars with deputies on patrol
within the corporate limits at all times (21 hours
per day. 1 days per week., patrol ,shall be construed
to mean the actual patrolling of the City's streets
or'1nVestigation or attending to an observed or
reported incident).'
b) There shall be one desk records clerk provided forty
(40) hours per week.
c) There shall be one agent'for 10 hours per week to
investigate crimes within the, City's corporate limits.
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.
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Resolution NO. OS -44
Page 2 of 8
e) There shall be an additional deputy to serve an
eight (6) hour night shift in the evenings, five
nights a week. Two of those five nights shall be
weekend nights. Holidays shall also be covered.
The particular hours shall be determined by the
City Manager and the Sheriff's Supervisor for the
Cape Canaveral deputies, based upon the advice and
recommendations of the City Council and the Sheriff.
4. PERSONNEL All personnel used by the Sheriff in the
performance of such services, functions and 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, personnel policy, insurance
benefits, civil service benefits, compensation, or any status
or right. All deputies shall be fully certified as required
by both the State of Florida and the Sheriff's office. 'Deputies
shall possess a minimum of one year's law enforcement experience
prior to assignment to duty within the City,
5. PAYMENT The City shall pay to the Sheriff, the
sum of $425,000.00. ,This payment shall be made in twelve
monthly installment payable on or before the fifth day of
each month, beginning.October.1, 1985,
6. TERMS OF AGREEMENT This, agreement shall commence on
October 1, 1985, and shall terminate on September 30, 1986,.
without further notice. This. agreement may be renewed for
additional one year periods by written agreement of the parties.
7. DATA ` The Sheriff shall provide to the City, Manager
the monthly activity reports for each month. In addition,
the Sheriff shall provide to the City Manager such other
information as he# from time to tims4 stay ryuest. ' s
.:
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Resolution NO. 85-44
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B. FACILITIES In the space provided by the City for
use by the Sheriff, the Sheriff hereby agrees to provide for
all routine maintenance, repairs and replacement of existing
facilities, repair and janitorialservices and to pay all
charges for utilities, telephone and other services required
for the operation and maintenance of the law enforcement
building 1n the City.,
9. EQUIPMENT, All equipment purchased by the 'Sheriff
with monies from this contract shall remain in the exclusive
possession of the Sheriff until the contract terminates.'
ownership shall remain with the City at All times. Upon.
termination of the contract, all equipment supplied by the
City or purchased by the Sheriff from, monies from this or
previous contracts between the Sheriff and, the City shall be
delivered to the City. The Sheriff shall maintain, an inventory
sheet, continually updated, and, shall provide inventory sheets
to the City Manager.
10. FINES, FORFEITURES AND FEES 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, with the exception that one dollar ($1.00) which
has been earmarked for the Sheriff's Law Enforcement, Education
Fund 'pursuant to Bravard.County Ordinance 77-30 and Brevard
County Ordinance 81-54 shall continue to go to the Sheriff's
Law Enforcement Education Fund. Monies or property taken in
contraband forfeiture seizures within the City of Cape Canaveral,
shall be forfeited to the use of, or to be sold by, the Sheriff,
unless the Sheriff in his discretion decides otherwise, or
unless the seizure was solely carried out by deputies assigned
to Cape Canaveral;
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Resolution no. 85-44
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11. RULES AND REGULATIONS The Sheriff will have
sole authority to promulgate rules and regulations for the
operation of the law enforcement officers and functions
within the City.
12. 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, provided the cost remains
within the budget allocation.
13, FEDERAL OR STATE AID The Sheriff will determine when
to.apply for, with assistance and cooperation from the City,
federal or state grants, 'side, loans, assistance or other
acquisition for law enforcement needs within the City.
14. INSURANCE Sheriff agrees to provide low enforcement
officer's professional liability insurance coverage for bodily
injury and, property damage ,caused by an occurence 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 Sheriff's.
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.
Sheriff will provide and will reimburse the City for,
reasonable and ordinary premiums paid, for coverages in an
amount not greater:than fair market value of covered property,
'for fire, theft and comprehensive insurance coverage for all
books,.,furaiture, equipment, supplies end other tangible.
k�SF
attachment to
Resolution No. 85-44
page 5 of 8
property owned by the City and used by the Sheriff in
performing this agreement, and the City assumes all risk
of loss not covered by insurance.
The City will provide for its own fire, storm and
property damage insurance on the law enforcement building
at no cost to the Sheriff. Each, Sheriff and City, will
provide the other with a copy of each insuring agreement
mentioned in Paragraph 14.
15. 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 an
arbitrator from the American Arbitration Association. If the
parties cannot agree on an arbitrator, then they shall each
select an arbitrator, and those two arbitrators shall select
a third arbitrator.
This paragraph refers to all disputes other than
monetary disputes.
16. SOLD RARNLESS CLAUSE The cityand 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, costs and expenses of any
kind whatsoever, Ocluding reasonable attorneys• fees and court
cost which may be -claimed by say third party to have resulted
from or arise out Of the intentional or negligent acts'of the
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Resolution No. SS -44
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employees, officers or agents of the other, whether occurring
before or after the City and Sheriff assumed the obligations
of this Agreement.
17. 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.
18. MODIFICATIONS This agreement shall be,subject to
modifications at any, time upon written mutual consent of the
parties hereto.
19. MARKINGS The City shall have the right to mark the
Sheriff's carsused in Cape Canaveral with a specific Cape
Canaveral designation, provided that the markings are not
contrary to any Statute or Regulation for marking Sheriff
.Department vehicles.
20. LEGALITY OF AGREEMENTAny obligations created by
this agreement which are hereafter determined by court of
competent jurisdiction to be illegal are void„ and neither
party willbe obligated to further perform as to such
obligations. If a non -material portion of the total obligation
of this contract, such obligation is hereby severed, but the
balance of the lawful portions hereof will continue to be
performed.
21. TOTALITY OF AGREEMENT .There are no other agreements,
written or oral, between the parties, and there are no
' conditions precedent to performance, oral or 'written, agreed
to by the parties.
22. NOTICE OF TERMINATION OF AGREEMENT During, the
term of this contract, this contract may be terminated by
a
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Resolution No. 85-44
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•
MICROFILMED AUG $7
mutual agreement by providing ninety (90) days written
notice to both parties .
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above
written.
Attest: SHERIFF OF BREVARD COUNTY, FLORIDA
47-14y-
Attest: CITY OF CAPE CANAVERAL, FLORIDA
rat... BY: ; !• Mt.. AAW.!:•. • .
/ ity Clerk . Mayer ,
PY
APPROVED BY THE BOARD OF COUNTY COMMISSIONERS
ON Oct ber 22, 1985
BY fj
• THAD ALTMAN, CHAIRMAN
I/
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Resolution No. 85-44
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