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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. -DocuSign Envelope ID: 12162C50-327F-4EBE-82BE-7731CA0444A4 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 - DocuSign Envelope ID: 12162C50-327F-4EBE-826E-7731 CA0444A4 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