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HomeMy WebLinkAboutResolution No. 1986-52MICROFILMED AUG 87 RESOLUTION NO. 86 -52 A RESOLU`T'ION 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 immediate- ly upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of August , 1986. M yor ATTEST: ity Clerk YES NO Approved as to Form: X FX Lx X City Att9,rne'y x LAW ENFORCEMENT CONTRACT THIS AGREEMENT dated this SST day of October. 1986, 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 boundarleal and WHEREAS, the Sheriff is desirous of performing those servicesl NOW, THEREFORE, for good and valuable consideration, it is mutually agreed as followse 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 which they would enjoy with a,Municipa,l 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 data 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 Attachment to Resolution No. 86 -52 Page 1 of 7 —rvice. 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 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 thereto, a) There shall be two care 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 (B) hour night shift ,inthe 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. Attar mart to Resolution No. 86 -52 Page 2 of 7 t) There shall be two additional deputies to be assigned duties as determined by the Sheriff with input and recommendations from the City Manager. 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. Deputies assigned to Cape Canaveral will remain: assigned to duty 'in Cape 'Canaveral unless they leave the employment of the Sheriff, or unless reassigned by the Sheriff after notification to the City Manager. The parties recognize that the final decision concerning the assignment of personnel Is the responsibility of the Sheriff. 5. PAYMENT The City shall pay to the Sheriff, the sum of $530,000.00. This payment shall be made in twelve monthly installments payable on or before the fifth day of each month, beginning October 1, 1986. 6. TERMS OF AGREEMENT This agreement shall commence, on October 1, 1986, and shall terminate' on September 30, 1967t 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. S. FACILITIES In the space provided by the City for use by the Sheriff, the Sheriff hereby agrees to provide for all routine maintenance, repair* and replacement of existing, facilities, Attachment to Resolution No. 86-52 Page 3 of 7 r•pnir 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 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 shoots 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 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. 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 coat remains within the budget allocation. Attachment to Resolution No. 86-52 Page 4 of 7 13. FEDERAL OR STATE AID The Sheriff will determine when t_o 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. 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 bylaw 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 'ofthe 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 lose 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 h. 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 Attachment to Resolution No. 86 -52 Page 5 of 7 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 be, given to the Sheriff at 700 Park Avenue,' Titusville# Florida 327001 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 dny,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 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 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 Attachment to Resolution No. 86 -52 Page 6 of 7 v MICROFILMED AUG 87 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: Attest: ty Clerk SHERIFF OF BREVARD COUNTY, FLORIDA CITY OF CAPE CANAVERAL, FLORIDA BY: Mayor APPROVED /BY THF,� $OARI) OF COUNTY COMMISSIONERS ON October 28, 1986 LU BY THAD ALTMAN, CHAIRMAN Attachment to Resolution No. 86 -52 Paqe 7 of 7