2015-67 RENEWAL OF LAW ENFORCEMENT DISPATCH
SERVICES AGREEMENT
This Renewal of Law Enforcement Dispatch Services Agreement(hereinafter
RENEWAL)is made and entered into by and between Gary S. Borders,as Sheriff of Lake
County,Florida,a constitutional officer of the State of Florida(hereinafter SHERIFF)and The
City of Clermont,a municipal corporation existing pursuant to the laws of the State of Florida,
its successors and assigns through its City Council(hereinafter CITY)(collectively the CITY
and the SHERIFF hereinafter the PARTIES).
WITNES SETH:
WHEREAS,the PARTIES entered into that certain 2010—2015 Law Enforcement
Dispatch Services Agreement(hereinafter the AGREEMENT)on August 26,2010 for the
rendition of law enforcement dispatch services;
WHEREAS,section 9 of the AGREEMENT provided for subsequent renewal of the
AGREEMENT between the PARTIES subject to negotiations of relative terms,conditions,and
consideration;and
WHEREAS,the PARTIES mutually desire to renew the AGREEMENT for a subsequent
five(5)year term based upon agreed upon terms.
NOW THEREFORE,in consideration of the mutual promises,covenants,conditions and
payments hereinafter contained,the PARTIES agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein.
2. Law Enforcement Dispatch Service. The SHERIFF shall continue provide to the
CITY, for the term indicated or as it may be extended in accordance with the
provisions of this RENEWAL, competent professional law enforcement dispatch
services within and throughout the corporate limits of the CITY under the authority
given the SHERIFF by the laws of the State of Florida, by providing police dispatch
service each day of the year on a twenty-four(24) hour per day basis from October 1,
2015 to September 30, 2020.
3. Consideration. The CITY shall pay to the SHERIFF the following sums in
consideration of the services and responsibilities to be performed during the term of
this
RENEWAL:
a. The sum of at least Four Hundred Seventy Seven Thousand Forty Five Dollars
and Twenty Cents($477,045.20)each year for the 5 year term of this contract
for salaries and benefits for eight (8) dispatchers employed by the SHERIFF.
This sum shall be payable in advance in quarterly payments as follows:
i. One Hundred Nineteen Thousand Two Hundred Sixty One Dollars and
Thirty Cents ($119,261.30) to be paid on or before October 1st of
2015, 2016,2017,2018 and 2019;
ii. One Hundred Nineteen Thousand Two Hundred Sixty One Dollars and
Thirty Cents($119,261.30)to be paid on or before January 1St of 2016,
2017,2018,2019 and 2020;
iii. One Hundred Nineteen Thousand Two Hundred Sixty One Dollars and
Thirty Cents ($119,261.30) to be paid on or before April 1st of 2016,
2017,2018,2019 and 2020;and
iv. One Hundred Nineteen Thousand Two Hundred Sixty One Dollars and
Thirty Cents ($119,261.30) to be paid on or before July 1 n of 2016,
2017,2018,2019 and 2020.
v. The PARTIES agree that they may attempt in good faith to renegotiate
the above stated total payments for the 2°d, 3'd,4d',and 5d' years of this
agreement (i.e. quarterly payments beginning October 1, 2016 and
continuing through a final quarterly payment due on or before July 1,
2020), however, unless otherwise agreed to in writing, all payments
stated in this AGREEMENT shall remain due as stated herein.
b. Additional sums for needed dispatch equipment. Any equipment purchased
hereunder is and shall remain the SHERIFF'S property. The PARTIES
further agree that the SHERIFF reserves the right to determine when the
dispatch equipment is to be purchased. The amount of the additional sums are
as follows:
i. The sum of Eleven Thousand Six Hundred Eighty Eight Dollars and
Sixty Cents($11,688.60)to be paid on or before October 1,2015.
ii. The following four(4)reoccurring payments of$11,688.60:
1. Eleven Thousand Six Hundred Eighty Eight Dollars and Sixty
Cents ($11,688.60)to be paid on or before October 1,2016,
2. Eleven Thousand Six Hundred Eighty Eight Dollars and Sixty
Cents ($11,688.60)to be paid on or before October 1,2017,
3. Eleven Thousand Six Hundred Eighty Eight Dollars and Sixty
Cents ($11,688.60) to be paid on or before October 1, 2018,
and
4. Eleven Thousand Six Hundred Eighty Eight Dollars and Sixty
Cents($11,688.60)to be paid on or before October 1,2019.
iii. The PARTIES agree that they may attempt in good faith to
renegotiate the above stated four (4) reoccurring payments to be paid
on or before October 1St of 2016, 2017, 2018 and 2019, however,
unless otherwise agreed to in writing, all payments stated in this
RENEWAL shall remain due as stated herein.
4. Appointment of Personnel. The SHERIFF shall retain and/or hire said dispatchers as
employees of the SHERIFF to provide adequate and professional service as he sees fit
and proper. All benefits, training and promotional opportunities for such persons
shall be provided by the SHERIFF. The CITY shall not be required to assume any
liability for direct payment for any salaries, wages or other compensation,
contributions to pension funds, insurance premiums, workers compensation funds,
vacation or compensatory time, sick leave benefits, or any other amenities or
employment to any personnel of the SHERIFF performing the services, duties and
responsibilities pursuant to this RENEWAL for the benefit of the CITY and its
residents or any other liabilities whatsoever unless otherwise specifically provided
herein. However, the CITY shall remain responsible for any and all damages,
actions, suits, claims and demands of whatsoever kind made by or on behalf of any
person or entity which are alleged to have arisen out of, in connection with, or by
reason of all law enforcement services and administrative actions taken by the
CITY'S Police Department and the CITY prior to the inception of this RENEWAL
and the AGREEMENT. Nothing contained in this RENEWAL shall be construed to
limit or modify the provisions of law for the sovereign immunity of the SHERIFF or
the CITY,including but not limited to Chapter 768, Florida statute as it applies to the
CITY and to the SHERIFF.
5. Performance of Services by SHERIFF. The SHERIFF shall have and maintain the
responsibility for the control and rendition of all law enforcement services,duties and
responsibilities described and contemplated in this RENEWAL. Nothing in this
RENEWAL shall be construed to mean that the CITY is contracting away its
constitutional authority. Furthermore, the SHERIFF shall designate a radio channel
as the communications channel for the Clermont Police Department to use and no
other agency shall use said channel unless emergency and/or exigent circumstances
exist where utilization of the channel is for the safety of any deputy or officer. The
PARTIES agree that the determination of the CITY to provide police dispatch
services by this RENEWAL is an exercise of the legislative planning function of the
CITY and that at no time shall the CITY exercise any specific operational control
over the activities of any of the telecommunicators,their supervisors, deputy sheriffs
or other personnel of the SHERIFF nor shall the CITY perform or undertake any acts
that are over and above a planning level function with regard to the administration of
law enforcement dispatch services within the CITY during the term of this
RENEWAL.
6. Sovereign Immunity. The SHERIFF and the CITY are state agencies or political
subdivisions as defined in§768.28,Fla.Stat.,and agree to be fully responsible for acts
and omissions of their own agents or employees to the extent permitted by law.
Nothing herein shall operate as a waiver of the PARTIES' sovereign immunity
pursuant to the Florida Constitution and §768.28, Fla.Stat. There are no intended
third party beneficiaries to this agreement, and nothing herein shall be construed to
grant any person,firm,or other entity which is not a signatory to this RENEWAL any
rights, benefits, or privileges to rely on or demand performance of any provision of
this RENEWAL.
7. Liability Insurance For Official Acts. The personnel appointed and employed by the
SHERIFF shall be covered in all respects, as are other members of the SHERIFF'S
office either through the SHERIFF'S self-insurance fund or through a private
company with comparable coverage.
8. Term. This RENEWAL shall take effect on the October 1, 2015 and shall terminate
at midnight on September 30,2020 regardless of the dates on which this agreement is
signed by the PARTIES.
9. Renewal. For and in consideration of the mutual benefits herein contained, the
sufficiency of which is hereby acknowledged it is agreed between the PARTIES that
the SHERIFF and the CITY may extend the term of this RENEWAL past September
30, 2020 subject to negotiations relative to the terms, conditions and consideration
between the PARTIES. If the PARTIES elect to extend this RENEWAL, an
agreement to do so shall be executed by the PARTIES ninety (90) days prior to
September 30, 2020 or later as scheduling may permit.
10. Governing Law. This RENEWAL and all of the rights and obligations of the
PARTIES hereto shall be governed both-procedurally and substantively by and
construed according to the laws of the State of Florida. The PARTIES further agree
that venue regarding the rights and obligations of either party under this RENEWAL
and any litigation resulting therefrom, whether by arbitration or otherwise, shall lie
exclusively in the Fifth Judicial Circuit Court in and for Lake County,Florida.
11.Notices.
a. All notices, demands or other writings required to be given or made or sent in
this RENEWAL,or which may be given or made or sent by either party to the
other, shall be deemed to have fully been given or made or sent when in
writing and addressed as follows:
SHERIFF CITY
Gary S.Borders, Sheriff Darren Gray, City Manager
Lake County Sheriffs Office City of Clermont
360 West Ruby Street 685 W.Montrose Street
Tavares,FL 32778 Clermont,FL 34711
b. All notices required, or which may be given hereunder shall be considered
properly given if: (1)personally delivered, (2) sent by certified United States
Mail, return receipt requested, or (3) sent by private overnight letter delivery
company.
c. The effective date of such notices shall be the date personally delivered, or if
sent by mail, the date of the postmark, or if sent by overnight letter delivery
company, the date the notice was picked up by the overnight letter delivery
company.
d. The PARTIES may designate other parties or addresses to which notice shall
be sent by notifying, in writing, the other party in the manner designated for
the filling of notice hereunder.
12.Amendments. No modification, amendment or alteration of the terms or conditions
contained herein shall be effective unless contained in a written document by the
PARTIES with the same formality and of equal dignity of this RENEWAL.
13.Entire Agreement. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, or understandings applicable to the
matters contained herein, and the PARTIES agree that there are no commitments,
agreements or understandings concerning the subject matter of this RENEWAL that
are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements
whether oral or written.
IN WITNESS WHEREOF, the PARTIES have made and executed this RENEWAL on the
respective dates under each signature. The CITY, through its City Council, signing by and
through its City Manager, authorized to execute same by council on the i/4—day of
ALISUS+,2015,and Gary S.Borders,as SHERIFF of Lake County,Florida.
CITY SHERIFF
On this 11 day of/4USCCSt,2015 On this day of ucs1-,2015
BY' / BY: �
<lf
,v, Gail Ash,Ma or, ary S. : •rders,as Sheriff
,( City of Clermont of Lake County,Florida
Att .
'• / Tracy Ac yd,City Cl
Jr f ^Y
• Gveira,to fo •• and legality: v A • •ved as to -•nm ; •d legality:
"" W.P r,Esq.
City Attorney for General • el for
The City of Clermont Lake Co • Sheriff's Office
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