HomeMy WebLinkAbout2503 Off Duty, Extra Duty Svcs to Sanford Events AgreementOff -Duty, Extra -Duty Services To Sanford Events Agreement
This Agreement is entered into the last date of execution below between the CITY
OF SANFORD, a Florida municipal corporation, whose address is 300 North Park
Avenue, Sanford, Florida 32771 (hereinafter "Sanford") and the CITY OF ALTAMONTE
SPRINGS, a Florida municipal corporation, whose address is 225 Newburyport Avenue,
Altamonte Springs, Florida 32701, the CITY OF CASSELBERRY, a Florida municipal
corporation, whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707, the
CITY OF LAKE MARY, a Florida municipal corporation, whose address is 100 North
Country Club Road, Lake Mary, Florida 32746, the CITY OF LONGWOOD, a Florida
municipal corporation, whose address is 175 West Warren Avenue, Longwood, Florida
32750, the CITY OF OVIEDO, a Florida municipal corporation, whose address is 400
Alexandria Boulevard, Oviedo, Florida 32765, and the CITY OF WINTER SPRINGS, a
Florida municipal corporation, whose address is City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708 (hereinafter all cities other than Sanford being collectively
referred to in this Agreement as the "Assisting Cities" in the collective or as the "Assisting
City" when referred to as an individual city party).
Whereas, Section 163.01, Florida Statutes, authorizes local governmental units to
make the most efficient use of their powers by enabling them to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and facilities in
a manner (and pursuant to forms of governmental organization) that will accord best with
geographic, economic, population, and other factors influencing the needs and
development of local communities; and
Whereas, the law enforcement agencies of Seminole County have consistently
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collaborated and cooperated in serving the citizens of their respective jurisdictions and
the County, generally; and
Whereas, the parties hereto desire to continue, in the public interest, the
collaboration and cooperation of the parties as indicated by past mutual aid agreements
and agreements of a similar type and nature.
Now, Therefore, In Consideration Of the mutual covenants and promises set
forth in this Agreement, the parties agree as follows:
WITNESSETH:
Section 1. Scope Of Services; Related Matters; No Third -Party
Beneficiaries.
(a). The Assisting Cities shall provide one or more law enforcement officers to
Sanford in order to supplement, from time -to -time, law enforcement staffing as needed
within Sanford for diverse Sanford events such as special events and community events
including, but not limited to, extra -duty or off-duty law enforcement services. The law
enforcement officers of the Assisting Cities agree to provide Sanford with law
enforcement officers who are in an extra -duty or off-duty status.
(b). Law enforcement officers from the Assisting Cities shall wear Sanford
uniforms and while providing law enforcement services to Sanford under this Agreement.
(c). If a vehicle is needed by law enforcement officers from the Assisting Cities
in providing law enforcement services to Sanford, Sanford will provide law enforcement
officers from the Assisting Cities a vehicle to operate while rendering law enforcement
duties for Sanford.
(d). To the extent that may be necessary under controlling law, Sanford will take
action as necessary to commission law enforcement officers from the Assisting Cities to
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accomplish law enforcement functions and activities within Sanford.
(e). Sanford will supervise the law enforcement officers from the Assisting Cities
in their provision of law enforcement services within Sanford, but in no other way.
(f). While performing law enforcement duties for Sanford, law enforcement
officers from the Assisting Cities may, at any time, respond and render assistance outside
of Sanford to engage in other law enforcement duties for another entity in emergency
situations in accordance with the needs and obligations of the Assisting City from which
the law enforcement officer is employed. When doing so, the law enforcement officers
from the Assisting City must immediately notify the Sanford patrol supervisor of the
emergency response.
(g). It is not the intention of the parties to create between themselves a joint
venture, fiduciary or employment or agency relationship for purposes of this Agreement,
or for any other purpose whatsoever. Accordingly, no expression or provision contained
herein, shall be construed or deemed to create, or to express an intent to create a joint
venture, fiduciary or employment or agency relationship of any kind or nature whatsoever
between the parties hereto notwithstanding the Scope of Services set forth herein.
(h). Nothing contained in this Agreement shall authorize, empower or constitute
any party as an agent of any other party in any manner; authorize or empower one party
to assume or create an obligation or responsibility whatsoever, express or implied, on
behalf of or in the name of any other party; or authorize or empower a party to bind any
other party in a manner or make any representation, warranty, agreement or commitment
on behalf of any other party.
(i). Nothing in this Agreement is intended to or shall be deemed to confer any
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rights upon any person who is not a party hereto including, but not limited to, any law
enforcement officer providing services under the terms and conditions of this Agreement.
0). This Agreement is non-exclusive in scope and effect between the parties
and all parties shall have the right to enter into similar relationships with any other entities.
Section 2. Charges And Related Provisions.
(a). The charges for law enforcement officers from the Assisting Cities shall be
the hourly rate for law enforcement officers under the collective bargaining agreement of
the Assisting City which time shall be billed, or the hourly rate paid to the employee of the
Assisting City, as calculated by Sanford, in quarter hour increments with a minimum billing
time of 4 hours.
(b). The Assisting City shall invoice Sanford for the work time of law
enforcement officers from the Assisting City rendered to Sanford and shall cite to the date
of the applicable collective bargaining agreement establishing the hourly rate or the
document which establishes the rate being billed.
(c). Payments shall be made within 30 days of receipt of a valid invoice by
Sanford from the Assisting City.
(d). The Assisting City shall provide Worker's Compensation Coverage for law
enforcement officers from the Assisting City and withhold Federal Income taxes and all
Social Security taxes for the law enforcement officers from the Assisting City.
Section 3. Employee Status. Persons employed by one party to this
Agreement in the performance of services and functions pursuant to this Agreement will
not become the employees or agents of any other party to this Agreement, nor do these
employees have any claims to pensions, worker's compensation, unemployment
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compensation, civil service, or other employee rights or privileges granted to the officers
and employees of any other party, either by operation of law or by the acts of the other
parties.
Section 4. Notice and Authorized Representatives.
(a). Any notice delivered with respect to this Agreement must be in writing and
will be deemed to be delivered (whether or not actually received) when:
(i) hand- delivered to the persons designated below, or
(ii) when deposited in the United States Mail, postage prepaid, certified mail,
return -receipt requested.
and addressed to the person at the address for the party as set forth below:
As to the City Of Altamonte Springs:
James F. Riggs
Chief of Police
225 Newburyport Avenue
Altamonte Springs, Florida 32701
As to the City Of Casselberry:
Larry D. Krantz
Chief of Police
95 Triplet Lake Drive
Casselberry, Florida 32707
As to the City Of Lake Mary:
Michael Biles
Chief of Police
100 North Country Club Road
Lake Mary, Florida 32746
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As to the City Of Longwood:
David Dowda
Chief of Police
235 West Church Avenue
Longwood, Florida 32750
As to the City Of Oviedo:
Dale Coleman
Chief of Police
300 Alexandria Boulevard
Oviedo, Florida 32765
As to the City Of Winter Springs:
As to the City of Winter Springs:
Matthew Tracht
Chief of Police
300 North Moss Road
Winter Springs, Florida 32708
As to Sanford:
Cecil E. Smith
Chief of Police
815 Historic Goldsboro Boulevard
Sanford, Florida 32771
(b). A party may provide such other address or to such other person as the party
may have specified by written notice to the other parties delivered according to this
Section.
Section 5. Governing Law, Jurisdiction, and Venue. The laws of the State of
Florida govern the validity, enforcement, and interpretation of this Agreement. The sole
jurisdiction and venue for any legal action in connection with this Agreement will be in the
courts of Seminole County, Florida.
Section 6. Parties Bound. This Agreement is binding upon and inures to the
benefit of the parties to this Agreement, and their successors and assigns.
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Section 7. Conflict of Interest.
(a) The parties shall not engage in any action that would create a conflict of
interest in the performance of its obligations pursuant to this Agreement with the other
party or that would violate or cause third parties to violate the provisions of Part III,
Chapter 112, Florida Statutes, as this statute may be amended from time to time, relating
to ethics in government.
(b) Each party has the continuing duty to report to the other parties any
information that indicates a possible violation of this Section.
Section 8. Dispute Resolution. Any party to this Agreement may notify any
other party that it wishes to commence formal dispute resolution with respect to any
unresolved problem under this Agreement. The affected parties agree to submit the
dispute to a Florida Certified Circuit Court Civil Mediator for mediation, within 60 days
following the date of this notice. If any dispute cannot be resolved by mediation, it may be
filed as a civil action in the Circuit Court of the Eighteenth Judicial Circuit of Florida, in
and for Seminole County. The parties further agree that any such action will be tried to
the Court, and the parties hereby waive the right to jury trial as to such action. All parties
shall pay their own attorneys fees and legal costs.
Section 9. Effective Date. The Effective Date of this Agreement will be the date
when the last party has properly executed this Agreement as determined by the date set
forth immediately below the respective signatures of the parties.
Section 10. Public Records Law.
(a). The parties acknowledge each other's obligations under Article 1, Section
24, Constitution of the State of Florida, and Chapter 119, Florida Statutes, as the said
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statute may be amended from time to time, to release public records to members of the
public upon request. The parties acknowledge that each and every party is required to
comply with the aforestated controlling as such law may be amended from time to time,
in the handling of the materials created under this Agreement and that this statute controls
over the terms of this Agreement.
(b). Failure to comply with this Section will be deemed a material breach of this
Agreement, for which any of the non -breaching parties may terminate this Agreement
immediately upon written notice to the breaching party.
Section 11. Equal Opportunity Employment. The parties shall not discriminate
against any employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age, disability, or national origin. The parties shall
take steps to ensure that applicants are employed, and employees are treated equally
during employment, without regard to race, color, religion, sex, age, disability, or national
origin. Equal treatment includes, but is not limited to, the following: employment;
upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
Section 12. Indemnification.
(a). No party hereto shall be liable for any damages proximately resulting from
the negligent or wrongful acts or omissions of the other party in the performance of this
Agreement.
(b). By execution of this Agreement no party waives the protections afforded to the
party under the laws of sovereign immunity to include, but not be limited to, the provisions of
Section 768.28, Florida Statutes.
(c). Nothing in this Agreement creates any relationship of trust or other fiduciary
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relationship between the parties hereto or to any law enforcement officer.
Section 13. Assignment Of Rights. Neither this Agreement, nor any of the
parties' respective rights or obligations hereunder, may be assigned or transferred,
directly or indirectly, by operation of law or otherwise, by any party without the prior written
consent of the other parties.
Section 14. Term; Termination; Survival; Renewal.
(a). The term of this Agreement is one year from the Effective Date and will
automatically renew for another term on each subsequent anniversary of the Effective
Date, unless all the parties elect to terminate this Agreement.
(b). One or more parties may terminate their participation this Agreement at any
time by providing 60 days' notice to the non -terminating parties.
(c). This Agreement shall continue in effect between the non -terminating parties
as long as at least 2 parties continue to operate under this Agreement.
(d). No termination or expiration of this Agreement shall affect the rights and
obligations of the parties accruing prior to the effective date of termination or expiration.
(e). This Agreement is subject to automatic renewal on an annual basis.
Section 15. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement
and may not be used to define, describe, interpret, or construe any provision of this
Agreement.
Section 16. Severability. If any provision or application of this Agreement to any
person or circumstance is held invalid, then it is the intent of the parties that the invalidity
will not affect other provisions or applications of this Agreement that can be given effect
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without the invalid provision or application, and to this end the provisions of this
Agreement are declared severable.
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Section 17. Entire Agreement; Amendment.
(a). This Agreement constitutes the entire agreement of the parties which
supersedes all oral agreements, negotiations, previous agreements, dealings and
understandings, whether written or oral, between the parties relating to the subject matter
of this Agreement.
(b). Any modifications, alterations, amendments, deletions or waivers of the
provisions of this Agreement will be valid only when expressed in writing and duly signed
by both parties, except as otherwise specifically provided in this Agreement.
(c). No person has authority to make any representations or promises on behalf
of a party and no person has authority to make any representations or promises about a
party's Intentions or expectations of renewing or extending this Agreement or with reg any
implementation of this Agreement.
Section 18. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, constitutes an original, but all
counterparts together constitute one and the same instrument.
In Witness Whereof, the parties have made and executed this Agreement for the
purposes stated above.
SIGNATURE BLOCKS FOLLOW:
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Witness or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
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City of Altamonte Springs:
James F. Riggs, Chief of Police
City of Casselberry:
Larry D. Krantz, Chief of Police
City of Lake Mary:
Michael Biles, Chief of Police
City of Longwood:
David Dowda, Chief of Police
City of Oviedo:
Dale Coleman, Chief of Police
City of Winter Springs:
Matthew Tracht, Chief of Police
ADDITIONAL SIGNATURE BLOCK FOLLOWS:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
Witness or City Clerk Attestation:
Printed Name:
Printed Title:
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me Springs:
James F. FAggs, Chief of Police
Franklin ww
City Manager
City of Casselberry:
Larry D. Krantz, Chief of Police
City of Lake Mary:
Michael Biles, Chief of Police
City of Longwood:
David Dowda, Chief of Police
City of Oviedo:
Dale Coleman, Chief of Police
City of Winter Springs:
Matthew Tracht, Chief of Police
Witness or City Clerk Attestation:
City of Altamonte Springs:
Printed Name:
James F. Riggs, Chief of Police
Printed Title:
Witness or City Clerk Attestation:
City of Casselberry:
Printed Name:
Larry D. Krantz, Chief of Police
Printed Title:
Witness or City Clerk Attestation:
City of Lake Mary:
Printed Name:
Michael Biles, Chief of Police
Printed Title:
Witness or City Clerk Attestation:
City of Longwood:
Printed Name:
David Dowda, Chief of Police
Printed Title:
Witness or City Clerk Attestation:
City of Oviedo:
Printed Name:
Dale Coleman, Chief of Police
Printed Title:
Witness or City Clerk Attestation:
City of Winter Springs:
PrintedName'. a Matthew Tracht, Chief of Police
Printed Title: /
AD ITIONAL SIGNATURE BLOCK FOLLOWS:
121Paae
Norton N. Bonapafe-d ., CMA - CM
City Manager
City of Sanford
City of Sanford:
(A
Cec . Smith, Chief of Police
/C
Attest:
Traci H uchin, MMC, FtRM
f'�itv Clerk.
App ed as to form and legality.
By:
Wi am . Colbert, City Attorney
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; �ST. 1b�
SjkNFORD
CITY OF ��j�(��j� WU If W � 3 WS _ RM X
FLORIDA �
Item No.
CITY COMMISSION MEMORANDUM 23-023.0
FEBRUARY 13, 2023 AGENDA
To: Honorable Mayor and Members of the City Commiss
PREPARED BY: Jennifer Caldwell, Police Department Admini2ager
r�t've r�Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City M
SUBJECT: Memorandum of Understanding; Off-Duty/Extra-Dut aw Enforcement
Services; Special Events
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Approval of Memorandum of Understanding (MOU) relating to off-duty/extra-duty law
enforcement services to provide supplemental law enforcement presence at Sanford Events, is
requested.
FISCAL/STAFFING STATEMENT:
Payment for the services of law enforcement officers providing assistance to Sanford will be paid
from detail funds.
BACKGROUND:
The Police Department is proposing the MOU in order for law enforcement officers of the cities
of Altamonte Springs, Casselberry, Lake Mary, Oviedo and Winter Springs to assist the Police
Department as needed for diverse Sanford events such as special events and community events.
The Police Department staffing levels do not always provide the Police Department with enough
law enforcement officers to staff intermittent events such as special events and community events.
The MOU provides the Police Department with a tool to supplement its force with well- trained
local law enforcement officers familiar with the area when needed for intermittently occurring
events.
LEGAL REVIEW:
The Assistant City Attorney has assisted in this matter and has no legal objection to the action.
RECOMMENDATION:
Staff recommends that the City Commission approve the MOU relating to off-duty/extra- duty law
enforcement services to supplement Police Department personnel requirements for Sanford
intermittent events such as special events and community events.
SUGGESTED MOTION:
"I move to approve the MOU, as proposed."
Attachment: MOU relating to off-duty/extra- duty law enforcement services.