Fort Walton Beach Council agenda — 02-28-12 regular — reading text

agreement or other acts of law enforcement personnel of the SHERIFF. The CITY shall not be liable, in any manner, for any activity of any employee of the SHERIFF. ARTICLE IV RIGHT OF CONTROL The SHERIFF shall have and maintain the responsibility for providing the level of service determined by the CITY COUNCIL. The discipline of personnel and other matters Page 2 of 7 pertinent to the performance of the services, duties and responsibilities shall be the responsibility of the SHERIFF, and if germane, results may be made available to the CITY MANAGER. Nothing herein contained should be construed to mean that the CITY is contracting away its constitutional authority. ARTICLE V AUTHORITY TO ACT The CITY does hereby vest in each sworn deputy of the SHERIFF, to the extent allowed by law, the police powers of the CITY, which are necessary to implement and carry forth the services, duties and responsibilities imposed upon the SHERIFF.7rereby, for the sole and limited purpose of giving official and lawful status and validity to : e, erfomranee thereof by such sworn officers. Any sworn deputy sheriff duly appointed asprovided by law, shall have the authority and by this agreement is vested with the povye t`to: " Enforce the laws of the State of Flondi,; ",' Enforce the ordinances of Okaloosa County that are apphcable__ i> cthe CITY; however to the extent should an ordinance of theCm my bp`ih,conflict with an ordinance of the CITY, the CITY' s ordinance shall prevad no Enforce the ordinances ofvthe CITY and provr equent patrols at CITY facilities and parks during special and'spoiti i events aad "activities; and Provide any otherrlaw enforcement activ>tiyIas_amhonz lld or directed by the City Council. ti, s / 1 W. v r ARTIftE VI UNIFORMS- ANDLEHICLES The SHERIFF S shall havcthe total responsibility for the selection of uniforms for the deputiespe ;forming duties and serves pursuant' tb this agreement and the marking of patrol vehicles ` AEI marked vehiclesto be used by contracted deputies within the CITY shall be marked witht(te seal of the Cftyof For[ * slim Beach. The SHERIFF agrees to enhanced identification o Ili City of FortWalton Beach through vehicular decals, uniform insignia and substation bulding' sr nage, th; tent of which shall be mutual] y agreed gr upon p b y the CITY and the SHERIFF prior td implemep[ation. ARTICLE VII LIAISON A liaison shall be maintained between the CITY and the SHERIFF and/ or his designee. The CITY' S liaison shall be the CITY MANAGER or designee; who shall meet and confer with the SHERIFF and/ or designee and other law enforcement officers on a regular basis to review law enforcement activity and other CITY related activities. Provided, the SHERIFF, shall consult only with an authorized representative of the CITY in carrying out the terms and conditions of this contract. The focus of the SHERIFF' S liaison is to improve and maintain optimum Page 3 of 7 communications between the organizations identified in this agreement. The liaison will attend weekly City staff meetings, if requested, and remain directly involved in issues of the CITY related to public safety within the City of Fort Walton Beach. The liaison will ensure the CITY is provided reports containing information on activity generated within the corporate limits of the CITY: Complaints received departmental responses, citations /summons issued and disposition, by date, address, uniform crime reporting, response times and including any other useful information that describes nature of incident. The SHERIFF' S liaison will provide direct and timely notification to the CITY MANAGER of any major incidents occurring within the City limits. Major incidents include those in which there is loss of life, significant property damage o; which have the potential to generate high profile media coverage. The personnel appointed and t pursuant Sq.''this agreement shall be covered in all respects as are other i' S office eitfie through the SHERIFF' S Self -Insurance Fund or -tt with comparnble.coverage to minimally include workers compensi cover replacement costs of rented, borrowed or used equipment, IERIFF shall provide the same insurance coverage for the vehii re terms of this agreement as is used for like vehicles inft SHER] IX am-ipyfu,11 for'c'e and effect for the term commencing the 1 st 30th d`a`yof September, 2013, inclusive, unless red in accordance with the terms hereof. x Ra -'fN0Dw OPTION TO RENEW For, and in consideratibn of, the mutual benefits herein contemplated, the sufficiency of which is hereby acknowledged, the SHERIFF does hereby extend to the CITY a continuing option to renew this service agreement upon the same terms and conditions described herein, subject, however, to the provision that the contract price shall be negotiated between the parties each year. Any such contract price negotiations shall be completed with the City Manager sixty 60) days prior to the end of the then -current contract year to allow for inclusion of the contract sum in the CITY'S proposed budget, contingent upon an annual appropriation by the City Council. This contract represents the recovery of costs associated with the delivery of exclusive law enforcement services to the CITY. Included in this recovery is the allocation of costs for specific support service functions assigned to support each sworn member of the agency. In Page 4 of 7 addition several direct cost factors for each swom position are recovered and identified as; professional liability insurance, capital vehicle replacement plan, vehicle insurance, repair and maintenance, fuel, uniforms. The cost allocation methodology is illustrated by the Cost Summary Worksheet The SHERIFF hereby commits to the CITY that this cost recovery methodology will not change from year to year, and so long as this agreement is renewed without a lapse will remain in effect. ARTICLE XI Any party hereto shall have the right to cancel this coAtirki at any time during its existence upon giving ninety ( 90) days advance notice of it's* tention to cancel. Upon the termination of the ninety (90) day period, this contract sha7ftlien:be canceled, terminated, become null and void and of no further force and effeci =The S'HER'IFF agrees to provide any requested assistance with transitioning back to a CitAperated police force should the City Council desire to terminate this agreement The SHERIFF, by his executio n .;: liere hereby rgresent to the CITY that he has full power and authority to make and execdte kice agreement pursuant to the powers vested in him under Article Vill the Consl of the State o €Ronda and Section 125. 0101, Florida Statutes, to theeffect th5f hts making rm6rih c&uhod herepf shall create a legal obligation upon himself as a p01t,,Cal subdivision of [he id as SHERIFF of Okaloosa County, Florida, which shall beYan" y binding upon. I that the same shall be enforceable by the CITY accordinn and to the ereof. Nothing contained herein, nor any ea hereunder, shall in any way be contrary to, surety bond required of the SHERIFF laws of th, The Mayor and/ or City Manager, bypheir respective executions hereof, do each represent to the SHERIH`F,ghat they, co1L6ftivvely, havV'e full power and authority to make and execute this service agreement'on behalf of tf3e :City of Fort Walton Beach, Florida, and nothing herein contained is in anyway contraryto or in contravention of the Charter of the City of Fort Walton Beach or the laws of the,StateofFlorida, ARTICLE XIH NOTICES All notices required hereunder shall be made by Certified Mail, Retum- Receipt Requested, and any notice required hereunder shall be addressed to the party intended to receive same at the following address: SHERIFF: Larry Ashley, Sheriff CITY: Robert Meatus, City Manager Okaloosa County Sheriffs Office City of Fort Walton Beach 1250 Eglin Parkway 107 Miracle Strip Parkway SW Page 5 of 7  Sbalimar, FL 32579 Fort Walton Beach, FL 32548- 6614 ARTICLE XIV NON -ASSIGNABILITY The SHERIFF shall not assign any of the obligations or benefits imposed hereby or contained herein, unless upon the consent of the City Council of the CITY, which consent must be evidenced by a duly passed action of the City Council and produced to the SHERIFF in writing. ARTICLE The parties further agree that nothing in thistl'greement constitutes a waiver of the City of Fort Walton Beach' s rights and immumticsOiud& the common law, Florida Constitution or Florida Statutes 768. 28, as amended from nme`toEime. The SHERIFF shall be legally responsible -for actions of Saerifrs law enforcement personnel performing ernceauhder this agtdemenVLawsuits and' claims that may be filed from time to time shall beltandledby,the SHERIFF1n Accordanoe unite normal procedures and the SHERIFF shall hold the CITY . harmless from anyand all manner of actions, causes of actions, suits, judgments, exeeu%iodss claims and demands of any kind whatsoever, in law or in equity, which mayysresult .., from ora 'se quG o tie Sheriff s use of CITY property or the intentional or negligenYacsaf efiHERIFF, henftsDeputies and Sheriffs employees; and, the SHERIFF shall indemnify the CTI'1' frsom anya4d all damag ,judgments, claims, costs, expenses, including reasonable