HomeMy WebLinkAboutResolution No. 1984-32r.
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M1CROFILPP,IED 4 -15 -85
RESOLUTION NO. 84 -32
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 4th day of September 1984.
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." ATTEST:
✓ +a.f' � - X11 °a�,<. �. �:
c "t1 gi ty Clerk
Apk6ved as to Form:
NAME
YES NO
CALVERT
X1
FISCHETTI
( X1
NICHOLAS
' X
RUTHERFORD I
X,
WINCHESTER
X
LAW ENFORCEMENT CONTRACT
THIS AGREEMENT dated this ';•day of._
1984, by and ,between the Sheriff of Rrevard 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
boundaries; and
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 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 Rrevard 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.
Attachment to
Resolution No. 84 -32
Page 1 of 7
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 of Florida, which grant powers and duties of the
Sheriff as chief executive and law' enforcement officer of 0revard
County,. the Charter of the City, and the transfer of the City's
Police power by reason of this agreement.
As astandard 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
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 investi-
gation 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. 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. Attachment to
Resolution No. 84 -32
Page 2 of 7
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
I 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 $389,886.00. This payment shall be made in twelve monthly
'installments payable on or before the fifth, day of each month
.beginning October 1, 1984.
6. TERMS OF AGREEMENT This agreement shall commence on
October 1, 1984, and shall terminate on September 30, 1985,
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.
8. 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 janitorial services and to pay all charges for utilities,
telephone and other services required for the operation and
maintenance of the law enforcement building in the City.'
9. EQUIPMENT All equipment purchased by the Sheriff with
monies from this contract shall remain in the 'exclusive posses-
sion of the Sheriff until the contract terminates. Ownership
Attachment to
Resolution NO. 84 -32
Page 3 of 7
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 Erevard County Ordinance 77 -30 and Erevard County
Ordinance 81 -54 shall continue to go to the Sheriff's Law
Enforcement Education Fund. Monies or property taken in contra-
band 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.
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, aids, loans, assistance or other ac-
quisition for law enforcement needs within the City.
Attachment to
Resolution No. 84 -32
Page 4 of 7
14. 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 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, furniture, equipment, supplies and other tangible
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
Attachment to
Resolution No. 84 -32
Page 5 of 7
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. HOLD HARMLESS CLAUSE 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, . 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 the City and Sheriff assumed the obligations of
this Agreement.
17. NOTICE Notice or other writings required or permitted
.under this agreement shall he given to the Sheriff at 700 Park
Avenue, Titusville, Florida 32780; and the 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 cars used in Cape Canaveral with aspecific Cape
Canaveral designation, provided that the markings are not contrary
to any Statute or Regulation for marking Sheriff Department vehicles.
Attachment to
Resolution No. 84 -32
Page 6 of 7
20. LEGALITY OF AGREEMENT
MICRT ILA ED 4.15 -85
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.
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 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:
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�� c,tix�'g, City CJ_erk
9,
SHERIFF OF BREVARD COUNTY, FLORIDA
CITY OI' CAPE CANAVERAL, FLORIDA
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Attachment to
Resolution No. 84 -32
Page 7 of 7