HomeMy WebLinkAbout1366 Sem Co Sheriff/S. Harriettr
e�
firs
M EMORANDUM
Stenstrom, McIntosh, Colbert, W v ioWm & Pa rtf ow, P.A. v
looi Heat row Park Lane, Suite 4001
c ;ti
Lake Marv, Floriba 32746
(4 322 -2171
To: Tom George, City Manager
From: Lonnie N. Groot, Assistant City Attorney
Date: January 12, 2011
Re: Agreement with Seminole County Sheriff
Please find attached hereto the fully executed original copy of the Intergovernmental
Agreement Between Seminole County Sheriff and the City of Sanford Relating to City
Police Department.
Should you have any questions please call me anytime at the office (407- 322 -2171)
or at my cell phone (386- 748 - 3685). If long distance, the office's toll free number is. 800-
247 -5225. My e-mail address is: I rq oot(a),stenstr
INTERGOVERNMENTAL AGREEMENT r,
BETWEEN SEMINOLE COUNTY SHERIFF AND THE CITY OF
SANFORD RELATING TO CITY POLICE DEPARTMENT
THIS INTERGOVERNMENTAL AGREEMENT, is made and entered into this 3rd
CC
day of January, 2011, by and between the SEMINOLE COUNTY SHERIFF, the T.r
r`4
Honorable Don Eslinger, an elected independent constitutional officer of the State of
Florida, whose address is 100 North Bush Boulevard, Sanford, Florida 32773 -6706
(hereafter referred to as the "SHERIFF ") and the CITY OF SANFORD, a Florida
municipal corporation, whose address is 300 North Park, Sanford, Florida 32771
(hereafter referred to as "CITY ").
WI TNESSETH:
Whereas, Section 4.01(c) of Article IV of the City Charter of the City of Sanford
provides as follows:
Chief of police to be appointed by city manager. There shall be a chief of
police who shall be appointed by the city manager from eligible lists to be
furnished by the civil service board. The chief of police shall be the head
of the police department, and as such shall appoint subordinates from
eligible lists to be furnished by the civil service board. The chief of police
shall have power, for cause, to discipline any officer or employee of the
police force and shall perform such other duties as may be required by
this act [charter], by the laws and ordinances of the city or by the city
manager. The chief of police shall be responsible to the city manager for
the proper functioning of the police department. The chief of police and
other police officers or patrolmen shall receive such compensation as may
be fixed by the city commission.
; and
Whereas, a vacancy in the position of CITY Police Chief currently exists and the
CITY is in the process of recruiting and employing a new Police Chief; and
Whereas, the CITY and the SHERIFF have worked together in the past in a
cooperative manner relating to the provision of law enforcement services to the citizens
1IPage
of the CITY and Seminole County and the SHERIFF has agreed to provide operational
and administrative supervision of the CITY's Police Department during the period in
which the CITY is recruiting and installing a new Police Chief into the position of Police
Chief in order to provide consistent and high quality law enforcement services for the
benefit of the CITY.
NOW, THEREFORE, in consideration of the promises, covenants and
commitments contained herein and other good and valuable consideration, the receipt,
adequacy, and sufficiency of which are hereby acknowledged as to both parties, the
parties agree as follows:
Section 1. Purpose of this Agreement.
The purpose of this Agreement is to allow for the SHERIFF to provide to the
CITY administrative and operational supervision in the nature of those provided by a
Chief of Police over the CITY's Police Department on an interim basis.
Section 2. Obligations of the Parties.
The Sheriff agrees to allow the Chief Deputy, Steven D. Harriett, to administer,
oversee and supervise the operational and administrative functions of the City's Police
Department, in accordance with the City Charter of the City of Sanford and City of
Sanford's Police Department policies and procedures in the nature of the Chief of
Police, during the period while a new Police Chief is recruited and installed by the CITY.
The CITY agrees that Chief Deputy Steven D. Harriett, while reporting to the City
Manager as would an employed Chief of Police with regard to subjects and matters that
are within the jurisdiction of the CITY. Chief Deputy Harriett shall continue to report to
and be under the direction and control of the SHERIFF as to subjects and matters that
are within the jurisdiction of the SHERIFF.
21Page
Section 3. Assignment.
This Agreement shall not be assigned by either party with the prior written
approval of the other.
Section 4. Public Records.
The parties shall allow public access to all documents, papers, letters or other
materials which have been made or received by the parties in conjunction with this
Agreement.
Section 5. Records and Audits.
The parties shall maintain any and all records, documents, papers, and other
evidence pertaining to the work performed under this Agreement. Such records shall be
available at reasonable times and places during the term of this Agreement and for so
long as such records are maintained thereafter. Records shall be maintained in
accordance with State law, including but not limited to Chapter 119, Florida Statutes,
and generally accepted accounting and auditing principles.
Section 6. Notices.
(a) Whenever either party desires to give notice to the other, notice may be
sent to:
For the SHERIFF: Chief Penny Fleming
Administrative Services Department
100 North Bush Boulevard
Sanford, Florida 32773 -6706
For the CITY: City Manager
300 North Park
Sanford, Florida 32771
(b) Either of the parties may change, by written notice as provided herein, the
addresses or persons for receipt of notices or receipt of invoices. All notices shall be
effective upon receipt.
3 1Page
Section 7. Standards Of Conduct/Public Records.
(a). The parties shall not discriminate on the grounds of race, color, religion,
sex, or national origin in the performance of work under this Agreement or violate any
laws pertaining to civil rights, equal protection or discrimination.
(b). The parties reserve the right to unilaterally terminate this Agreement if
the other party refuses to allow public access to all documents, papers, letters, or other
materials subject to provisions of Chapter 119, Florida Statutes, and other applicable
law, and made or received by the party in conjunction, in any way, with this
Agreement.
(c). The parties shall not engage in any action that would create a conflict of
interest or which would violate or cause others to violate the provisions of Part III,
Chapter 112, Florida Statutes, relating to ethics in government.
Section 8. Insurance And Indemnification.
(a). The parties shall maintain their respective insurance programs and
policies in effect during the term of this Agreement.
(b). To the fullest extent permitted by law, each party shall indemnify, hold
harmless and defend the other party and its agents, servants, officers, officials and
employees, or any of them, from and against any and all claims, damages, losses, and
expenses including, but not limited to, attorneys fees and other legal costs such as
those for paralegal, investigative, and legal support services, and the actual costs
incurred for expert witness testimony, arising out of or resulting from the performance or
provision of services required under this Agreement.
(c). In accordance with Section 725.06, Florida Statutes, adequate
consideration has been provided, if necessary, for the undertaking of this obligation, the
receipt and sufficiency of which is hereby specifically acknowledged.
41Pa -e
(d). Nothing herein shall be deemed to affect the rights, privileges, and
immunities of either party as set forth in Section 768.28, Florida Statutes.
Section 9. Controlling LawsNenue /Interpretation.
(a). This Agreement is to be governed by the laws of the State of Florida.
(b). Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
(c). This Agreement is the result of bona fide arms length negotiations between
the SHERIFF and the CITY and all parties have contributed substantially and materially
to the preparation of this Agreement. Accordingly, this Agreement shall not be
construed or interpreted more strictly against any one party than against any other
party.
Section 10. Termination.
(a). This Agreement may be terminated by either party at any time by the
terminating party providing written notice to the other party of the termination.
(b). This Agreement shall terminate upon a new Chief of Police being
employed by the CITY and commencement of the new Chief of Police's employment,
Section 11. Waiver.
The failure of a party to insist in any instance upon the strict performance of any
provision of this Agreement, or to exercise any right or privilege granted to the party
hereunder shall not constitute or be construed as a waiver of any such provision or right
and the same shall continue in force.
Section 12. Severability.
Each provision of this Agreement is intended to be severable. If any term or
provision hereof is illegal or invalid for any reason whatsoever, such illegality or
invalidity shall not affect the remainder of this Agreement.
51Page
Section 13. Entire Agreement/Integration.
This Agreement constitutes the complete and entire agreement between the
SHERIFF and the CITY with respect to the subject matter hereof, and supersedes any
and all prior agreements, arrangements or understandings, whether oral or written,
between the parties relating thereto, all of which have been integrated herein.
Section 14. Headings,
All sections and description headings in this Agreement are inserted for
convenience only, and shall not affect the construction or interpretation of this
Agreement.
Section 15. Counterparts.
This Agreement may be executed in any number of counterparts, each of which,
when executed and delivered, shall be an original, but all counterparts shall together
constitute one and the same instrument.
Section 16. Modification.
This Agreement may not be amended, changed, or modified, and material
provisions hereunder may not be waived, except by a written document, of equal dignity
herewith; provided, however, that this Agreement anticipates the entering of
memoranda of understanding as set forth herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
ATTEST..
9a
City Clerk
CITY OF S FORD
LINDA KU N, i y r 1
Date:
61Page
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
illiam L. Colbert, Ci y Attorney
ATTEST.•
Chig Penny J. ming
Administrative Services Department
SHERIFF OF SEMINOLE COUNTY, FLORIDA
A �
For the use and reliance of the
Seminole County Sheriff only.
Approved as to form and legal
sufficiency.
Ok a 4
April tloane Kirsheman
General Counsel
71Page