Contract 2023-100ADocuSign Envelope ID: 12162C50-327F-4EBE-82BE-7731CA0444A4 - - —
2023-100A
AGREEMENT FOR LAW
ENFORCEMENT DISPATCH SERVICES
This Agreement for Law Enforcement Dispatch Services (hereinafter "AGREEMENT") is
made and entered into by and between Peyton C. Grinnell, as Sheriff of Lake County, 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 SHERIFF and the CITY being the "PARTIES").
WITNESSETH:
WHEREAS, the CITY has sought to maintain a high level of professional police
telecommunication services for the benefit of the citizens of the CITY; and
WHEREAS, the CITY recognizes the continued escalation of costs to the CITY for the
provision of such services and wishes to continue to minimize the cost of government for the
benefit of the citizens of the CITY; and
WHEREAS, the CITY desires to continue to maintain competent professional law
enforcement dispatch services in conjunction and in harmony with its program of fiscal
responsibility; and
WHEREAS, the CITY desires to contract with the SHERIFF for performance of law
enforcement dispatch services within the corporate limits of the CITY; and
WHEREAS, the SHERIFF is willing to augment his telecommunications staff to provide
such services to the Clermont Police Department and the citizens of Clermont; and
WHEREAS, having a desire to contract for such services upon the terms and conditions
set forth within this AGREEMENT, the City Council of the CITY authorizes the SHERIFF to
render law enforcement dispatch services within the corporate limits of the CITY by the SHERIFF;
and
NOW THEREFORE, in consideration of the mutual promises, covenants, conditions and
payments hereinafter contained, the PARTIES agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated herein.
Section 2. Law Enforcement Dispatch Services. The SHERIFF shall provide to the
CITY, for the term indicated in this AGREEMENT, 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
DocuSign Envelope ID: 12162C50-327F-4EBE-82BE-7731CA0444A4
the year on a twenty-four (24) hour per day basis. The SHERIFF shall provide a dedicated
channel solely for the CITY'S law enforcement dispatch services. Throughout the term of this
Agreement, the CITY shall maintain its own phone line dedicated to and for after-hours
emergencies and issues not requiring law enforcement services including City building, right-
of-way, and utility issues (i.e., power, water, and sewer disruptions in service).
Section 3. Compensation. The CITY will pay SHERIFF the annual amount of
four hundred eighty-four thousand two hundred dollars and no cents ($484,200.00) for the term
for dispatching services provided pursuant to this AGREEMENT. Such compensation shall be
invoiced by SHERIFF in equal quarterly installments of $121,050.00 beginning October 1,
2023.
Section 4. Personnel. 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 AGREEMENT for the benefit of the
CITY and its residents or any other liabilities whatsoever unless otherwise specifically provided
herein. This provision shall in no way be construed as being for the benefit of any third patty or
as a waiver of sovereign immunity on the part of the CITY.
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Section 5. Performance of Services by SHERIFF. Beginning on October 1, 2023, the
SHERIFF shall have and maintain the responsibility for the control and rendition of all law
enforcement dispatch services, duties and responsibilities described and
contemplated in this AGREEMENT.
Section 6. Sovereii ri Immunity. The PARTIES agree that nothing contained herein
shall in any way waive the sovereign immunity that they enjoy presently under the Constitution
and statutes of the State ofFlorida, particularly with respect to Chapter 768, Florida Statutes. The
PARTIES agree that the determination of the CITY for the SHERIFF to provide police dispatch
services by this AGREEMENT is an exercise of the legislative planning function of the CITY and
that at no time after the Sheriff employs the dispatchers 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 AGREEMENT.
Section 7. Liability Insurance for Official Acts. Upon employment, the personnel
appointed and employed by the SHERIFF shall be covered in all respects, as are other members
of the SHERIFF'S office through the SHERIFF'S insurance.
Section 8. Term. This AGREEMENT shall take effect on October 1, 2023 (effective
date of this agreement) and shall terminate at midnight on September 30, 2024. This
AGREEMENT may be unilaterally terminated by the SHERIFF or by the CITY with or without
cause or reason so long as the effective date of termination is preceded by a one hundred and
twenty (120) day written notice to the other party.
Section 9. Renep-otiation. The PARTIES agree that if substantial change(s) occur
during the term of this AGREEMENT the PARTIES may attempt in good faith to renegotiate the
terms of this AGREEMENT, however, unless otherwise agreed to in writing, all terms stated in
this AGREEMENT shall remain as stated herein.
Section 10. AGREEMENT. For and in consideration of the mutual benefits herein
contained, the sufficiency of which is hereby acknowledged, the PARTIES agree the SHERIFF
and the CITY may extend the term of this AGREEMENT subject to negotiations relative to the
terms, conditions and consideration between the PARTIES. If the PARTIES elect to extend this
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AGREEMENT, it shall be reduced to writing with same formality and equal dignity as this
AGREEMENT.
Section 11. Governing Law. This AGREEMENT and all of the rights and obligations
of the PARTIES hereto shall be governed and construed according to the laws of the State of
Florida. The PARTIES further agree that jurisdiction regarding the rights and obligations of either
party under this AGREEMENT and any litigation resulting therefrom shall be exclusively in the
Fifth Judicial Circuit in and for Lake County, Florida.
Section 12. Notices.
A. All notices, demands or other writings required to be given or made or sent
pursuant to this AGREEMENT, or which may be given or made or sent by
either parry to the other, shall be deemed to have fully been given or made or
sent when in writing and addressed as follows:
CI
Peyton C. Grinnell, Sheriff
CITY
Brian Bulthuis, City Manager
Lake County Sheriff's Office City of Clermont
Attn: General Counsel 685 W. Montrose St.
360 West Ruby 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. Any notice shall also be sent by email to the City Manager and the
Sheriff's General Counsel.
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.
DocuSign Envelope ID: 12162C50-327F-4EBE-82BE-7731CA0444A4
Section 13. 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 AGREEMENT.
Section 14. 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 AGREEMENT 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 AGREEMENT on the
respective dates under each signature. The CITY, through its City Council, signing by and through
its Mayor, authorized to execute same by council on the 10 day of October 2023, and
Peyton C. Grinnell, as SHERIFF of Lake County, Florida.
CITY
On this lot October of October 2023
E-
TimocuSigned by:
BY: Murry, as Mayor
of City of Clermont
DocuSigned by:
ETA d H,-wt
Attest: City Clerk: 3AD7F34905B344A..
Tracy Ackroyd Howe
SHERIFF
On this day of AW , 2023
BY: 21//$
Peyto C. Grinnell, as Sheriff
of L?' aunty, Florida