HomeMy WebLinkAboutResolution No. 1980-33 M ICROFI LIVED 1-18-83
RESOLUTION NO. 80-33 •
A RESOLUTION AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
SHERIFF OF BREVARD COUNTY, FLORIDA EXTENDING
AN EXISTING CONTRACT WITH SAID SHERIFF FOR
THE CITY OF CAPE CANAVERAL, FLORIDA FOR ONE -
(1) YEAR, COMMENCING OCTOBER 1, 1980 FOR A
CONTRACT PRICE OF $ 351,777.00 ;
PROVIDING AN EFFECTIVE DATE.
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
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extending an existing contract with said Sheriff for the City of Cape
Canaveral, Florida for a period of one (1) year, commencing October 1, 1980 •
for a contract price of $ 351,777.00 . A copy of said Agreement
is attached hereto and made a part hereof by reference. e .
SECTION 2. This Resolution shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida
this 16 day of September, 1980.
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LAW ENFORCEMENT CONTRACT
This contract, sometimes referred to herein as "agreement"entered into this
16th day of SPptembcr , 1980, by and between the Sheriff of Brevard County,
and the City of Cape Canaveral, Florida .
WITNESSETH,
WHEREAS, the City has determined that a more efficient law enforcement is
desired by its citizens; and
WHEREAS, the City believes that such efficiency can be accomplished by the
Office of Sheriff performing law enforcement tasks formerly conducted by the City's
police force; and ti
WHEREAS, the Sheriff of Brevard County has stated that he will provide to the
City a high level of professional law enforcement services formerly done by the City's
police force pursuant to acceptable terms of a service contract; and
WHEREAS,: City recognizes that Sheriff cannot use the funds of the people of
Brevard County to grant any special benefit to the people of the City, and that City
must pay all the costs of Sheriff's service, both direct and indirect.
NOW THEREFORE, in consideration of the premises and the promises and
conditions herein contained, it is mutually agreed between the parties as follows:
1 . PURPOSE The purpose of this agreement shall be to provide a high level
of professional law enforcement services for the City by the Sheriff: Sheriff shall continue
to assume all law enforcement powers and duties within the corporate limits of the City,
including enforcement of all city ordinances and arrests for animal control and school
crossing ordinance violations now in effect and those becoming effective during the term
of this agreement which do not increase operational costs for the Sheriff.
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 enforcememt officer of Brevard,
County, the Charter of the City, and the transfer of the City's police power by reason of
this agreement.
3 . ORGANIZATION The Sheriff shall provide for uniformed deputies to be
assigned to patrol the City around the clock every day. The Sheriff shall provide for
non-uniformed deputies (agents) to be available as he determines them to be needed to
investigate and process complaint reports.;,
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4. PERSONNEL The Sheriff and the City agree that each will follow their
personnel policies as to their respective employees, if such employees are assigned
duties in the performance of this agreement.
(a) All rank, responsibilities, salaries and fringe benefits of personnel
utilized in performing this agreement shall be determined by the Sheriff.
(b) The Sheriff reserves the right to place personnel where he deems they are
needed and can best be utilized.
(c) The law enforcement sworn deputies will be placed into the State high risk
retirement plan if qualified under the state law.. Other personnel will be placed in the
standard retirement plan available to other employees of the Sheriff's Office.
(d) The Sheriff shall designate a law enforcement officer to attend regular
meetings of the City Council of the City of Cape Canaveral . The Sheriff further agrees
that there shall never be less than two (2) police vehicles on duty at all times.
The Sheriff furtheragrees that there shall never be less than two (2) law enforcement
officers on duty at all times in the City. Unless otherwise occupied by their duties,
these officers and vehicles will be on patrol .
(e) All crossing guards and animal control officers shall remian under the
direction and employ of the City.
(f) In the event this contract is terminated for any reason, all former City
law enforcement personnel employed by the Sheriff at the time of the contract termination
will be considered for reemployement by the City on the basis of seniority with the City
and the Sheriff, and their willingness to return.
(g) All City personnel not mentioned above are not employed by the Sheriff.
5. EMPLOYMENT RESPONSIBILITY All personnel used by the Sheriff in the
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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
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persons shall be considered in the employ of the City for the purpose of pension benefits,
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insurance benefits, civil service benefits, compensation or any status or right. Accordingly,
the City shall not be called upon to assume any liability for direct payment of any salaries,
wages, or other compensation, contributions to pension funds, insurance premiums,
workmen's compensation funds, vacation or compensatory time, sick leave benefits, or any
other amenities of employment of appointment to any sheriff personnel performing services,
duties and responsibilities hereunder for the benefit of said City and the residents, thereof,
or any other liabilities whatsoever except as provided in paragraph 24 of this agreement or
otherwise specifically provided herein.
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6. FACILITIES-LAW ENFORCEMENT BUILDING The City will provide its entire
law enforcement building for use by the Sheriff without rental or other capital cost. The
non-structural facilities, and will provide janitorial services and will pay all charges
for utilities, telephone and other service required for the operation and routine main-
taenance
of the law enforcement building in the City. Further, the law enforcement
building shall be open twenty-four (24) hours a day, seven (7) days a week, provided the
Sheriff may change these hours withe the City approval The parties agree that repair
of structural defects including repairs to plumbing other than fixtures (e.g. , a wash
basin) and unexposed wiring, and roof replacement is not the Sheriff's obligation.
7. EQUIPMENT The City will provide Sheriff with all equipment and personal
property utilized by the City for law enforcement as described in Exhibit "A" attached
hereto. The Sheriff hereby agrees to provide for all maintenance of existing equipment
and personal property. Sheriff mayreplace existing equipment and property if, in his li
sole ddiscretion, replacement is cost feasible. Nothing in this contract shall be construed
as a transfer of ownership to the Sheriff of any equipment or personal property described
in Exhibit "A" .
8. 911 COMMUNICATIONS SYSTEMS The _911 Communications Systems is retained
and shallin no way be affected by this contract.
9. FIRE ALARMS AND BUSINESS SECURITY ALARMS The Sheriff shall continue
to permit use of privately owned _fire alarms and business security alarm protection in the City.
10. EQUIPMENT RE-PURCHASING In the event of the termination hereof by either
the Sheriff or City, or the language of the contract, the City shall have the option to
purchase equipment purchased by the Sheriff and used in Cape Canaveral for the perform-
ance of this agreement from the Sheriff. Upon the exercise of such option, Sheriff
shall sell to City, any piece of equipment purchased by the Sheriff for use in the City,
including police vehicles, in use at the time of such termination in connection with the
services contemplated herein. This option must be exercised within 30 days of the
termination of this Law Enforcement contract, by notice in writing delivered to Sheriff.
The purchase price for such equipment shall be determined by:
(a) Mutual agreement, or
(b) When requested by either party, arbitrated appraisal, whereby the City and
the Sheriff shall each select an appraiser within 10 days of the request, and the appraisers
so selected shall within 10 days of their selection select a third appraiser:
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such appraisers shall then, within 30 days appraise the equipment to be purchased,
including police vehicles, and shall specify the fair market value of each item thereof
in writing delivered to the parties within 10 days after completion of the appraisal;
and the final decision of the appraisers shall be conclusive and binding upon the parties
hereto.
(c) Upon receiving the appriser' determination of the fair market value of the
subject equipment, City will pay Sheriff the fair market value of the equipment and the
Sheriff shall convey all of his rights, title and interest thereto, including titles to police
11 . 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.
12. 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.
CONTRACTS AND PURCHASES The Sheriff will have solepower to determine
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and to contract for or purchase services, equipment, supplies, facilities, and other property
for law enforcement needs within the City.
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14. 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-acquisitions for law enforcement needs within the City.
15. FUNDS AND ACCOUNTABILITY The City shall pay to the Sheriff, in con-
sideration of the services and responsibilities to be performed, for the term hereof, as the
samemay be extended in accordance with the terms hereof, the sum of $ 29,314.75
payable monthly, during the terms of this Agreement. In January of each term of this contract,
Sheriff will be paid $ 58,629.50 on request of the Sheriff, or $ 29,314.75 if no request
is made in January. If such a request is made and payment is made, no regular monthly
payment will be made in September of the same year.
Upon approval by the Board of County Commissioners of Brevard County of
additional wages for the Deputy Sheriffs and employees of the Sheriff, the City will
immediately provide a like sum to the Sheriff for the Deputy Sheriffs and employees
utilized to perform this agreement. Such additional sum may be prorated and paid as
provided, in this paragraph "15" unless and to the extent of any obligation Sheriff may
have for retroactive increases approved by the Board of County Commissioners.
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Payroll records for operations under this agreement will be made available at
Sheriff's offices in Titusville, Florida, for City's inspection during office hours, at
City's request on a monthly basis. Sheriff will provide a list of expenditures and costs
associated with performance of this agreement within a reasonable time after the end of
Sheriff's fiscal year.
16. RENOVATIONS AND ADDITIONS TO BUILDING The City hereby retains the
right to provide renovations and additions to said buildings, structures, facilities, grounds
parking area and surrounding grounds. The City shall provide six months written notice
in advance to Sheriff of intent to expand, enlarge, renovate or improve the law enforcement
facilities. The Sheriff shall have the right to approve any expansion, enlargement, re-
novation or improvement to the facilities by the City.
17. 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 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.
It is understood that the Sheriff is a self-insurer on collision, fire, theft and
loss on the motor vehicles.
Sheriff will provide and will reimburse 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,
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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 insurnace.
The City will provide for its own fire, storm and property damage insurance on
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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 17.
18. PURCHASES, DONATIONS AND GIFTS All books, literature, supplies,
equipment, furniture, materials and tangible property purchased with the funds allocated
under this agreement are the Sheriff's property and shall be titled in the name of the Sheriff
and accounted for and disposed of in the manner provided by law for the accounting and
disposal of property by the Sheriff.
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All donations, grants, gifts, or acquisitions of monies, books literature,
supplies, equipment, furniture, materials and tangible property to the Sheriff shall be
deemed property of the Sheriff unless such donation specifies that the donation is made
to the City.
Nothing contained herein shall be construed as a transfer of ownership to
the Sheriff of any property, real or personal, owned by the City or subsequently acquired
by the City with funds separate from those paid to the Sheriff or allocated for the operation
and maintenance of law enforcement under the terms and provisions of this agreement.
19. TERMS OF AGREEMENT The duration of this agreement shall be from and
including October 1 , 1980 and terminating September 30, 1981 without further notice.
Upon expiration of this agreement or any renewal thereof, this agreement may be renewed
for an additional period of one (1) year commencing on October 1st of the applicable year
and terminating September 30th of the following year by writtenagreement of the parties.
This agreement shall remain in effect until the 30th day of September, 1981
unless before that date either the City or the Sheriff unilaterally or mutually terminate
upon 90 days written notice.
20. 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
the dispute. Thereafter, the responding party will answer, specifically in writing within
thirty (30) days to the claimant. Within fifteen (1 5) days thereafter the parties will meet
at the Sheriff's Office at a mutually agreeable time to either settle the dispute or mutually
agree to the facts and issues. Thereupon, if not settled, either party may apply to the
Department of Legal Affairs for an advisory opinion on the issues. Nothing in this paragraph
shall be construed as limiting the parties' rights to terminate this agreement as provided in
1 paragraph 19 of this agreement.
21 . 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 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.
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22. 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, Cape Canaveral, Florida 32920.
23. MODIFICATIONS This agreement shall be subject to modifications at any
time upon written mutual consent of the parties hereto.
24. CONTINGENCY FUNDS The City will maintain $15,350.00 in an account
bearing interest for the City from which Sheriff will be entitled to withdraw funds only as
follows: If within 60 days after the last dayof any month of the term of this agreement,
Sheriff determines that expenditures and costs as reported pursuant to paragraph "15" of
this agreement have exceeded the amount payable for such month by City to Sheriff under
that paragraph, Sheriff is hereby authorized to draw directly from the contingency account
an amount of money equal to such excess. It is the intention of the parties that Sheriff
will perform the services called for by this agreement without risk of loss up to the amount
of the periodic payments described in paragraph 15, plus the amounts of the contingency
funds described in this paragraph.
It is further agreed that an additional contingency of $ 6,460.00 shall..be
maintained by the City, and sums will be paid from this fund to. the Sheriff when needed
by the Sheriff for the actual direct and indirect costs of unemployment compensation and
legal fees and costs necessarilyand reasonably incurred by Sheriff in the ordinary per-
formance of this agreement, but not for any such fees as cost incurred in litigation
between Sheriff and City.
" City liability to Sheriff for contingency funds will continue only as long as
claims covered by special contingency funds can .be made against Sheriff, and City's
liability for such funds is intended to survive any termination of this agreement.
25. 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 protions
hereof will continue to be performed.
• If because of such judicial decision continued performance of the balance of the
obligation of this agreement would cause Sheriff's expense and cost, direct and indirect,
to exceed receipts from City, Sheriff may terminate further performance of this agreement
on thirty days written notice to City, given within. 30 days of the trial court's written
decision. If because of such judicial decision the cost to the city under this agreement
will exceed the amount of periodic payments plus the sum of the contingency funds because of
such a judicial decision, then the City may terminate further performance under
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the agreement on 30 days written notice to Sheriff, given within 30 days of the trial court's
written decision. Such termination by Sheriff or City will not remove any liability of either
to the other incurred before such termination.
26. 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.
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
Attest: =� �,EJt1�;N,�°+� CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA
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DeputyC i ty
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