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Contract 2021-062A#2021-062-A 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 Peyton C. Grinnell, 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). WITNESSETH: 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 one (1) 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 Dis gar tch Service. The SHERIFF shall continue provide to the CITY, for the term indicated or as it maybe 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, 2021 to September 30, 2022. 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 Eighty -Four Thousand Two Hundred Dollars ($484,200.00) each year for the 1 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 Twenty -One Thousand Fifty Dollars ($121,050.00) to be paid on or before October I' of 2021; ii. One Hundred Twenty -One Thousand Fifty Dollars ($121,050.00) to be paid on or before January I of 2022; iii. One Hundred Twenty -One Thousand Fifty Dollars ($121,050.00) to be paid on or before April 1' of 2022; and iv. One Hundred Twenty -One Thousand Fifty Dollars ($121,050.00) to be paid on or before July 1 ' of 2022. 2 b. No additional sums are needed for dispatch equipment during this agreement term. Any equipment previously 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. 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. 3 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, F1a.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 parry 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, 4 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, 2021 and shall terminate at midnight on September 30, 2022 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, 2022 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, 2022 or later as scheduling may permit. 10. Governing Law. This RENEWAL and all ofthe 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. 1. 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: Peyton C. Grinnell, Sheriff Lake County Sheriffs Office 360 West Ruby Street Tavares, FL 32778 CITY Susan Dauderis, City Manager City of Clermont 685 W. Montrose Street 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 parry 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. 0 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 day of _* 2021, and Peyton C. Grinnell, as SHERIFF of Lake County, Florida. CITY On this � � day of �Q, 2021 BY: Tim Murry, iayoi; City of Clermont Attest: ka,�,4 4----> Tracy Ackroy Howe, City Clerk SHERIFF On this23'd day of tL% , 2021 BY: 4rA Peyton C. Grinnell, as Sheriff of Lake County, Florida 7