HomeMy WebLinkAboutResolution No. 1983-59RESOLUTION NO. 83 -59 1CF F'L �
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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 the 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 6th day of September , 1983.
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ATTEST:
city Clerk
Approved as to Form:
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LAW ENFORCEMENT CONTRACT
THIS AGREEMENT dated this 1,cC day of ULG_ (�`T^
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1983,
by and between the Sheriff of Erevard 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 wish:s to purchase municipal law, enforcement
services for that area of land within its municipal boundaries; and
Ir WHEREAS, the Sheriff is desirous of performing those services;
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 arc 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 Drevard County.
It is expressly understood that at the end 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 unsatisfactory, the City shall determine if the Sheriff can
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. PERFOP -MANCE 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 Drevard County, the
(1) Attachment to
Resolution No. 83 -59
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 call has been dispatched and the deputy is available.
3. SERVICE LEVEL The Sheriff shall provide the City with the
specified level of servica and all support services incident thereto:
a) There shall be two cars with deputies on patrol within
the corporate limits at all times (24 hours per day,, 7 days
per week. Patrol shall be construed to mean the actual
.patrolling of the City's streets or investigation 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 40 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. .
e) There shall be an additional deputy to serve an eight (8)
hour night shift in the evenings five nights a, week.* The
patricular 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.
5. PAYMENT The City shall pay to the Sheriff the sum of
$356,198.00,. This payment shall be ,made in twelve monthly installments
payable on or before the fifth day of each month beginning October' 1,
1983.
*Tao of those five nights shall be weekend nights, Attachment to
and holidays shall also be covered.. Resolution No. 83 -59
(Mended 9-6 -831 (2)
. 0, .TERMS OF AGREEMENT This agreement shall commence on
October 1,
1983, and shall terminate on.September 30, 1984, 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 time, may request.' the Sheriff with
8, EQUIPMENT All equipment purchased by
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 and upon termination of the
delivered to the City. The Sheriff shall maintain an inventory
sheet, continually updated, and shall provide inventory sheets to
the City Manager.
9. 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
law of Florida, with the exception that
accordance with the existing
one dollar ($1,00) which has been earmarked for the Sheriff's Law
Enforcement Education Fund pursuant to Brevard 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.
10. RULES AND REGULATIONS The Sheriff will have so
to to promulgaterulesand regulations for the operation of the law
C enforcement officers and functions within the itysole power to
11. CONTRACTS PURCHASES The Sheriff will h lies,
determine and to contract for or purchase services, equipment, .supp
facilities, and other property for law enforcement needs within the
City, provided the cost remains within the budget allocation.
12. FEDERAL OR STATE AID The Sheriff will determine when to
apply for, with assistance and cooperation from the City, federal or
state grants, 'aids, loans, assistance or other acquisition for law
enforcement needs within the City. Attachment to
Resolution No. 83 -59
(3)
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13. INSURANCE Sheriff agrees to provide .law 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 City for reasonable and
ordinary premiums paid, for coverages in an amount not greater
fair market value of covered property, for fire, theft and compre-
hensive insurance coverage for all books, furniture, equipment,
supplies and other tangible property owned by the City and used by
the Sheriff in performing this agreement, and 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 13.
14. 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 thisagree-
ment, 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 paragrpah refers to all disputes other than monetary disputes.
Attachment to
(4) Resolution No. 83 -59
15. HOLD II ARMLESS CLAUSE The City and Sheriff each indemnify
and will hold the other whole and harmless from any and all manner of
asses,
action and actions, cause and causes of action, suits, tresp.
judgments, executions, claims and demands and losses and damages,
costs and expenses of any kind whatsoever including reasonable
attorneys fees and court cost 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 City and Sheriff assumed the
obligations of this Agreement.
16. NOTICE Notice or other writings required or permitted
under this agreement shall be given to the Sheriff at Post. Office
Drawer T, Titusville, Florida 32780; and to the City at 105 Polk
Avenue, Post Office Box 326, Cape Canaveral, Florida 32920.
17. MODIFICATIONS This agreement shall be subject to modifications
at any time upon written mutual consent of the parties hereto.
18, MARKINGS The City shall have the right to mark the Sheriff's
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 Department vehicles.
19. 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. 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.
C are no other agreements, written
2p. TOTALITY OF AGREEMENT There
or oral, between the parties., and there are no conditions precedent
to performance, oral or written, agreed to by the .parties.
21. NOTICE OF TERMINATION OF AGREEMENT During the term of this
contract, this contract may be terminated by mutual agreement by
providing ninety (90), days written notice to both parties.
(5)
Attachment to
Resolution No. 83 -59
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