HomeMy WebLinkAboutResolution No. 1981-67 MICROFILMED 1.18:83
RESOLUTION NO. 81-67
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY
CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD '
COUNTY SHERIFF'S DEPARTMENT,, TO PROVIDE POLICE
\ SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA;
' PROVIDING ANnEFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral,authorized the
Mayor and the City Clerk by Resolution No. 81-50, to enter
^
into an agreement with the Brevard County Sheriff's Department
0 for police services; and
WHEREAS, said agreement has,been amended by additional
language in Paragraph 9, "Fines and Forfeitures"; and
WHEREAS, the City Coundi1 of the City of Cape
Canaveral, Florida, accepts the additional language.
NOW, THEREFORE, BE IT RESOLVED, by the City Council • 1
of the City of Cape Canaveral, Florida, as follows: .:T
SECTION 1. The Mayor and the City Clerk are hereby
authorized to execute an agreement with the Sheriff of Brevard
.0.j
County, Florida, for providing 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.
r
SECTION 2. This Resolution shall become effective •
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape
•
Canaveral, Florida, this 3 day of November, 1981.
lo
i
O
le*rf'° 'At
4• f.,; 1 g'op.i 1�"Jd.'�i
, testr z* fie'.
,F, ':9
.if$ c&. , " '�%` ; NAME YES NO
" � �.
r
` r:: 2M,i _ e' " CALVERT
tX_
fi(l, ;ykfyph�' ,3: t;q,4 sS,Q LEE
: igigiµ�le''g*, A
l ` ��b1CJ'keW'y`� MURPHY
?"c,r� ��t�l RUTHERFOF•)X
Approved as to Form:
`4E. Attor e
1 1
_ • W1CROFILM-ED 1-18-83
LAW ENFORCEMENT CONTRACT
•
THIS AGREEMENT dated this 3 day of November , 1981,
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 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 service is satisfactory. If the
service is unsatisfactory, the City shall determine if the Sheriff can
correctthe 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 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
• Page 1 of 5 Pages
Attachment to Resolution No. 81-67
•
MICROFILMED •1-18.83
Charter of the City, and the transfer of the City's police ,ppwer by
reason of this agreemen.t..,
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 cars with deputies on patrol* within
the c.orpor�te .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 enforcementofficer available 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 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. EQUIPMENT All equipment purchased by... the. Sheriff with monies
* Patrol shall be construed to mean. the actual patrolling of the City's
streets or investigation or attending to an observed or reported incident.
Attachment to Resolution No. 81-67
(2)
•
-
MICROFILMED 1.18-83
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 will continue to be returned to the
City in accordance with the existing law of Florida, with the
exception that $1. 00 which has been earmarked for the Sheriff ' s
Law Enforcement Education Fund pursuant to Brevard County Ordinance
77-30 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.
10. RULES AND REGULATIONS The Sheriff .will have sole authority
to promulgate rules and regulations for the operation of the law
enforcement officers and functionswithin 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. 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.
(3) Attachment to REsolution NO. -
_ : 81-67
b
' MBCRCFI Lith 1-18,83
r
Alternatively, the Sheriff at his election, pay become part of a
• recognized self-in.s.urance. program with. oth.e. . 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 City for reasonable and
ordinary premiums paid, for coverages in an amount not greater than
fair market value of covered property, for f.ire, . 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. 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 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 parites 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 and causes of action, suits, trespasses,
judgments, executions, claims and daiman4,Pand 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
Attachment to Resolution No. 81-67
(4)
M I CROF I•LIVIED 1218.83
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 agreement 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 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 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: � SHERIFF OF BREVARD COUNTY, FLORIDA
14 COP • . - e .eS 44/// - ' "
((r
a !r to�1°yOo pf4e:/ (At oger;; w r
CITY OF CAPE
PE CANAVERAL BREVARD COUNTY,
yf Lr r fI � FLORIDA
P �
}
/
l �> 4 s0
4!ri® .a s
'
r4 *7*%`fC, ,�e` '} dn By Mayor
to /
, � App4:,T,?, ri °° 5• 0�x4 , o°o
. 3e‘ kw.
(5) .
Attachment to Resolution Nn_ R1_ti7