Contract 2022-137A2022-137A
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.
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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, 2022 to September 30,
2023.
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 1 ' of 2022;
ii. One Hundred Twenty -One Thousand Fifty Dollars (S121,050.00) to be
paid on or before January 1' of 2023;
iii. One Hundred Twenty -One Thousand Fifty Dollars ($121,050.00) to be
paid on or before April 1' of 2023; and
iv. One Hundred Twenty -One Thousand Fifty Dollars ($121,050.00) to be
paid on or before July I' of 2023.
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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.
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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
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,
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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, 2022 and shall terminate at
midnight on September 30, 2023 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, 2023 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,
2023 or later as scheduling may permit.
10. Governin 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.
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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
Peyton C. Grinnell, Sheriff
Lake County Sheriffs Office
360 West Ruby Street
Tavares, FL 32778
CITY
Brian Bulthuis, 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 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.
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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 , 2022,
and Peyton C. Grinnell, as SHERIFF of Lake County, Florida.
CITY �,
On this 1 day of&lip, 2022
BY:
Tim Murry, Mayor,
City of Clermont
Attest:
Tracy Ack oyd Howe, City Clerk
SHERIFF
On this LJ_ day of S0#0/ , 2022
BY: Z/
Peyton C. Grinnell, as Sheriff
of Lake County, Florida
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