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HomeMy WebLinkAboutResolution No. 1981-50 MICROFILMED 1-18.83 ..„,„ , . ...e...• -a\ so •‘- ?Rl,0 T.v(9 44?j_k,7 • , • • RESOLUTION NO. 81-50 es o A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH THE SHERIFF • OF BREVARD COUNTY, FLORIDA, TO PROVIDE POLICE SER- VICES 'TO THE CITY OF CAPE CANAVERAL, FLORIDA; PRO- VIDING .AN EFFECTIVE DATE. I BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION :. The Mayor and the City Clerk are hereby authorized to execute an agreement with the Sheriff of •Brevard County, Florida, for the provision of 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. t• -1. SECTION 2- This Resolution shall become effective immediately upon its . , • 1 ' - adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this . . . '1 _ day of September 1981. . • 4 ..t.....9 4:. ft i • I _____ ____ •_, ' h Ma or/ f / _ _ -----:%-vmer T,•1, ,,; :!4•,fil• ••,, - !.r' '421,454: '... 41Yr.0,2t4p .10 .0, ,fitiOlAY 'fll'ii61.19,%.:Vrirk4';'‘ 3j :-..,...00 ,AX-10. 444, .46ega„,. pz-..4,,,,,I .,41,,,,,r,,,-•.,,,o,,, ,.., ' C i •1"17,X. 111... ,ifltiArf 04944-' fm'ep," ,101.‘ t% N ;,,la,far ,;s11)4371 f Tr k e, ts,x;d•', -t NAME YES NO ,..i.n.,.`"5.-1'"',:lr,e,V1,..O"4'‘.,0 " "•:N-2t..' 6,,,:, 4%4'4' 11,:i•. t4-',"ei, ".fg'" BOYD A 1,/ App6ved 5VA a.2Wg'to Form: 0" CALVERT • , LEE .. Ol;. ''r7'./ Z ,. , ly MURPHY f04 e/ RUTH ERFO, X 1 .y• At"- rae.y • 0 . • • . .1, . , • - • , • • • - LA.• ‘M1:1 {� LAW ENFORCEMENT CONTRACT. cat, I `LSD THIS AGREEMENT dated this day of , 1981, by and between the Sheriff of Brevard County, hereinafter referred to as "Sheriff", and the City of Cape Canaveral, Florida, a municipalcorporation, hereinafter re- referred to as "City". WITNESSETH, WHEREAS, the City wishes to purchase 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 Brevard 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 ser- vice 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. PERFORMANCE OF CONTRACT The Sheriff will perform this contract as em- powered 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 of- ficer'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 • • _ I. C� _ • . M ICROFI G MED (+ 1.18.83 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) . 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) There shall be a law enforcement officeravailable at all regular meetings of the City Council. 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 $305,437.00. This payment shall be made in twelve monthly installments payable on or before the fifth day. of each month beginning October 5, 1981. 6. TERMS OF AGREEMENT This agreement shall commence on October 1, 1981, and shall terminate on 'September.30, 1982, without further notice. This agreement may be renewedforadditional 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. EQUIPMENT All equipment purchased by the Sheriff with mbnies 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 contract be 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 * Patrol 'shall be construed to mean the actual patrolling of the City's streets or investigation or attending to an observed or reported incident. MICROFILMED .,.1-18,83 s will continue`' to be returned to the City in accordance with the existing law of Florida. 10. R4LES 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. 11. CONTRACTS AND 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. 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 acquisitions for law enforcement needs within the City. 13. INSURANCE Sheriff agrees to provide law enforcement officer's profes- sional liability insurance, coverage for bodily injury and property damage caused by anoccurrence 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 con- ditions 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 providedby the City. Sheriff will provide and will reimburse City for reasonable and ordinary pre- miums 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, furni- ture, equipment, supplies and other tangible property owned by the City and used by the Sheriff inperformingthis 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 (3) • under the terms of this agreement, will be presented specifically, in writing, by the party claiming dispute. Thereafter, the responding party will answer, specifi- cally 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. 15. 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 a.ed causes of action, suits, trespasses, judgments, executions, claims and demands and_ . losses and damages, costs and expenses of any kind whatsoeverincluding reasonable attorneys feesand 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 agree- ment 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. 20. TOTALITY OF AGREEMENT There are no other agreements, written or oral, between the parties, and there are no conditions precedent to performance, oral or ; 1Svc.. .J '_ �. - .. �, , ... �. • m„._ MIC__ R V F 1 E - 1-18-83 i 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 ninty (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: SHERIFF OF BREVARD COUNTY, FLORIDA • ,r Attest; � (� CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA • ,,.(/ i CA:112-. Pt al fX)-/r3 '/I City Clerk ”' gy:r— / I i/' V Mayor (s //, - - - - 1 ':1,U0; • - � • • 1