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2010-35 2010 - 2015 AGREEMENT BETWEEN GARY S. BORDERS, AS SHERIFF OF LAKE COUNTY, FLORIDA AND THE CITY`OF"CLERMONT FOR THE RENDITION OF LAW ENFORCEMENT DISPATCH SERVICES 2 2010 — 2015 AGREEMENT BETWEEN GARY S. BORDERS, AS SHERIFF OF LAKE COUNTY, FLORIDA AND • THE CITY OF CLERMONT FOR THE RENDITION OF LAW ENFORCEMENT DISPATCH SERVICES This Law Enforcement Dispatch Service Agreement ( "AGREEMENT ") 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 ( "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 ( "CITY ") (collectively the "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 3 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 ", on October 1, 2010, the City Council of the "CITY" enacted Resolution No. to request and to authorize the "SHERIFF" to continue to render law enforcement dispatch services within the corporate limits of the "CITY" by the "SHERIFF "; and WHEREAS, actual implementation of said dispatch services can not immediately begin on the dates this agreement is signed by the "PARTIES ", therefore the "SHERIFF" has agreed to render continuing professional law enforcement dispatch services to the "CITY" as soon as possible after October 1, 2010 and at Least by January 1, 2011; and the "CITY" desires t� contract for such services upon the terms and conditions set forth within this "AGREEMENT ". 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 Service. The "SHERIFF" shall provide to the "CITY ", for the term indicated or as it may be extended in accordance with the provisions of 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 the year on a 4 twenty -four (24) hour per day basis as soon as possible after October 1, 2010 and at least by the • January 1, 2011. Section 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 "AGREEMENT ": A. The sum of at least Three Hundred Ninety Six Thousand Four Hundred Twenty Six Dollars And Forty Six Cents ($396,426.46) 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: a. Ninety Nine Thousand One Hundred Six Dollars And Sixty Two Cents ($99,106.62) to be paid on or before October l of 2010, however, if actual implementation of said dispatch services by the "SHERIFF does not begin until a date after October 1, 2010 as provided for herein, the aforesaid payment of Ninety Nine Thousand One Hundred Six Dollars And Sixty Two Cents ($99,106.62) shall be reduced as prorated to accurately reflect the actual implementation of said dispatch services by the "SHERIFF" and such prorated reduced payment shall be paid on or before the actual implementation date of said dispatch services. b. Ninety Nine Thousand One Hundred Six Dollars And Sixty Two Cents ($99,106.62) to be paid on or before October 1s of 2011, 2012, 2013 and 2014; 5 c. Ninety Nine Thousand One Hundred Six Dollars And Sixty Two Cents ($99,106.62) to be paid on or before January l of 2011, 2012, 2013, 2014 and 2015; d. Ninety Nine Thousand One Hundred Six Dollars And Sixty Two Cents ($99,106.62) to be paid on or before, April 1 of 2011, 2012, 2013, 2014, and 2015; and e. Ninety Nine Thousand One Hundred Six Dollars And Sixty Cents ($99,106.60) to be paid on or before July 1st of 2011, 2012, 2013,20 -14 and 2015. f. The "PARTIES" agree that they may attempt in good faith to renegotiate the above stated $396,426.46 total payments for the 2nd 3` 4` and 5` years of this agreement (i.e. quarterly payments beginning October 1, 2011 and continuing through a final quarterly payment due on or before July 1, 2015), however, unless otherwise agreed to in writing, all payments stated in this "AGREEMENT" shall remain due as stated herein. B. The following additional sums for needed dispatch equipment that shall be the property of the "SHERIFF" and that the parties agree some or all of which will be purchased by the "SHERIFF" in 2010 and some of which may be purchased by the "SHERIFF" in 2011, 2012, 2013 and 2014: a. The following one -time payment of $102,713.60: i. One Hundred Two Thousand Seven Hundred Thirteen Dollars And Sixty Cents ($102,713.60) to be paid on or before the 6 earlier of October 1, 2010 or ninety (90) days prior to actual implementation of said dispatch services. b. The following four (4) reoccurring payments of $10,626.00: i. Ten Thousand Six Hundred Twenty Six Dollars And No Cents ($10,626.00) to be paid on or before October 1, 2011, ii. Ten Thousand Six Hundred Twenty Six Dollars And No Cents ($10,626.00) to be paid on or before October 1, 2012, iii. Ten Thousand Six Hundred Twenty Six Dollars And No Cents ($10,626.00) to be paid on or before October 1, 2013, and iv. Ten Thousand Six Hundred Twenty Six Dollars And No Cents ($10,626.00) to be paid on or before October 1, 2014. v. 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 1 of 2011, 2012, 2013 and 2014, however, unless otherwise agreed to in writing, all payments stated in this "AGREEMENT" shall remain due as stated herein. Section 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 • 7 • 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. 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" Police Department and the "CITY" prior to the inception of this "AGREEMENT ". Nothing contained in this "AGREEMENT" 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 as it applies to the "CITY" and to the "SHERIFF ". Section 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 "AGREEMENT ". Nothing in this "AGREEMENT" shall be construed to mean that the "CITY" is contracting away its constitutional authority. However, the "SHERIFF" shall remain responsible, and to the extent provided by law, hold "CITY" harmless and defend "CITY ", 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 dispatch services and administrative actions concerning law enforcement dispatch services taken by the "SHERIFF" during the term of this "AGREEMENT ". Nothing contained in this "AGREEMENT" 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 as it 8 applies to the "CITY" and the "SHERIFF ". 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. i' Section 6. Sovereign 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 of Florida, particularly with respect to Chapter 768, Florida Statues. The "PARTIES" agree that the determination of the "CITY" to provide police dispatch - services by this "AGREEMENT" 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 "AGREEMENT ". Section 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. Section 8. Term. This "AGREEMENT" shall take effect on the October 1, 2010 and shall terminate at midnight on September 30, 2015 regardless of the dates on • which this agreement is signed by the "PARTIES" and regardless of whether actual implementation of said dispatch services by the "SHERIFF" begins on a date after October 1, 2010 as provided for herein. 9 Section 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 "AGREEMENT" past September 30, 2015 subject to negotiations relative to the terms, conditions and consideration between the "PARTIES ". If the "PARTIES" elect to extend this "AGREEMENT ", an agreement to do so shall be executed by the "PARTIES" ninety (90) days prior to September 30, 2015 or later as scheduling may permit., Section 10. Governing Law. This "AGREEMENT" and all of the rights and obligations of the "PARTIES" hereto shall be govemed both procedurally and substantively by 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, whether by arbitration or otherwise, shall be venued in the Fifth Judicial Circuit in and for Lake County, Florida. Section 11. Notices. A. All notices, demands or other writings required to be given or made or sent in this "AGREEMENT ", 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 Wayne Saunders, City Manager Lake County Sheriff's Office City of Clermont 360 West Ruby Strcet 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 10 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. Section 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 "AGREEMENT ". Section 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 "AGREEMENT" that are not contained in this document. Accordingly, it is agreed that no deviation from the temis hereof shall be predicated upon any prior representations or agreements whether oral or written. 11 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 City Manager, authorized to execute same by council on the day of 1�!Z([ce5/ , 2010, and Gary S. Borders, as "SHERIFF" of Lake County, Florida. "CITY" /tit /J "SHERIFF" On this; day of AL tS f, 2010 On this 26day oof� G , 20 BY: s s"' "►I ` UUU /--c/ BY: ,4 ik/,6k -Y/` _o ✓ Harold Turville, Mayor, Gary S. ig orders, as Sheriff City of Clermont of Lake County, Florida Attest: iii /. / a a. Tracy Ac'-----k "yd , City Clerk A c roved as to form and legality: Approved as to form and legality: c mel Mantzaris, Patricia T. Gross, Esq. City Attorney for General Counsel for The City of Clermont Lake County Sheriff's Office a',-- . a