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HomeMy WebLinkAboutResolution No. 1988-69 MICROFILMED JUNE 89 RESOLUTION NO. 88-69 A RESOLUTION REPEALING RESOLUTION NO. 88-41; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A NEW 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. Resolution No. 88-41 is hereby repealed. SECTION 2 . 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 3 . This Resolution shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of December , 1988. ':'",:-II*CAMINfiL (I- V1-11a1_414,044-42..._d__. ,v. a,waa.se $ sk'fk yor eon t Yt:.I�A V , pQh ,, �1, ou �. A �f '"'l. ;:,'(4 Lr ,* 4W 'r NAME YES NO ' I I y F HOOG X 11 Af t lerkz 4 KIDD X ,�'f..tl! i� tp„p4L` 'a ,",,:;: MILLER X Approved as to Form: RANDELS X SALAMONE X -----11:1:---(/' \------- . w I/ .. City Attorney . LAW ENFORCEMENT CONTRACT THIS AGREEMENT dated this 15th day of December , 1988, 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 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 which 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 end of three months from the effective date of this contract, the City shall review 1 the status of the working relationship between the Sheriff and the City, and the City shall ascertain if the 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. However, this is not to be construed to relieve the Sheriff of the obligation to provide normal services of the Department as provided to the rest of Brevard County, nor is the City to be charged extra for these normal services. 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. This response time may be extended during periods of mutual aid service with other entities. 3. SERVICE LEVEL The Sheriff shall provide the City with the specified level of service and all support services incident 2 thereto: a. There shall be two cars and two deputies on patrol within the corporate limits at all times in accordance with accepted law enforcement practices. During any exception — -- foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. 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 full time desk records clerk. C. There' shall be one full time agent 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. a. There shall be an additional deputy to serve an eight (8) hour night shift in the evenings, five nights a week. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. 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. f. 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, 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. 4 However, in the event the City considers any of the personnel assigned under this contract to be contrary to the best interest of the City, the Sheriff agrees to reassign that (those) person(s). 5. PAYMENT The City shall pay to the Sheriff, the sum of $582,190.00. Any surplus monies remaining from the previous fiscal year's contract shall be applied towards the price of the contract, and specifically will reduce the first installment payment due October 1, 1988. Payments shall be made in twelve monthly installments payable on or before the fifth day of each month, beginning October 1, 1988. 6. TERMS OF AGREEMENT This agreement shall commence on October 10 1988, and shall terminate on September 30, 1989, 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. The facilities shall be used for the sole purpose of providing the services as defined in this Contract. Any other use of these 5 facilities shall be negotiated as to cost and extent. 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 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. 6 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. 17. 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. 14. INSURANCE Sheriff agrees to provide law enforcement officer's professional liability insurance coverage for bodily injury and property damage caused by an occurrence 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 coverage 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 7 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. 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, judgements, executions, claims and demands and losses a and damages, costs and expenses of any kind whatsoever, including reasonable attorney's fees and court cost which may be claimed by any third party to have resulted farm 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 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 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 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, 9 MICROFILMED' JUNE 89 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 This contract may be terminated by either party by providing thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first written above. Attest: SHERIFF OF BREVARD COUNTY, FLORIDA 4;-/-)( 4)1,61--"' Attest: CITY OF CAPE CANAVERAL, FLORIDA IOW—" Irk� Lim e / • 10