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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SANFORD AND THE SANFORD
HOUSING AUTHORITY RELATING TO THE USE OF CITY LAW
ENFORCEMENT OFFICERS
THIS INTERLOCAL AGREEMENT, is made and entered into this e- c,- day of
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, 2009 by and between SANFORD HOUSING AUTHORITY, a dependent
special district operating under the laws of the State of Florida and specifically operating
under the provisions of Chapter 189 and 421, Florida Statutes, whose address is 94
Castle Brewer Court, Sanford, Florida 32771 (hereafter referred to as the "SHAn); and
the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North
Park, Sanford, Florida 32771 (hereafter referred to as "CITY").
WIT N E SSE T H:
WHEREAS, the CITY and the SHA have worked together in a cooperative
manner relating to providing housing to the citizens of the City of Sanford and desire to
continue to mutually cooperate with each other in order to enhance the quality of life of
the citizens of the City of Sanford.
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 Interlocal Agreement.
(a). The purpose of this Interlocal Agreement is to provide for CITY law
enforcement personnel to act on behalf of the SHA in issuing trespass warnings in
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accordance with the controlling provisions of Florida law on behalf of the SHA.
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Trespass warnings shall be accomplished in accordance with the provisions of Sections
810.08 and 810.09, Florida Statutes, and other controlling law.
(b). The purpose of this Interlocal Agreement is also to provide for a means
whereby the CITY would provide private security services on the property of the SHA
and the SHA will compensate the CITY for such services.
Section 2. Effective Date and Term.
(a). This Interlocal Agreement shall become effective upon approval by the
governing bodies of the SHA and the CITY.
(b). This Interlocal Agreement shall be in effect until terminated by one of the
parties consistent with the terms hereof.
Section 3. CITY's Obligations.
(a). Throughout the term of this Interlocal Agreement the CITY shall:
(1). Provide for instructions to its law enforcement personnel to issue trespass
warning notices, as they deem appropriate in their discretion, but in reasonable
coordination and communication with the SHA, with regard to property of the SHA in
accordance with the provisions of Sections 810.08 and 810.09, Florida Statutes, and
other controlling law.
(2). Upon request from the SHA, provide private security services relating to
SHA properties under the terms and conditions set forth herein.
(3). To the extent and limits authorized by law to include, but not be limited to
Section 768.28, Florida Statutes, indemnify and hold the SHA harmless from and
against all liability, claims, demands, attorneys fees (both at trial and on appeal),
judgments and costs relating to personal injuries, including death, and property damage
arising from CITY's acts and omissions in the performance of the CITY's obligations
under this Interlocal Agreement. Nothing in this Interlocal Agreement shall be deemed
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to be a waiver, to any extent, of the CITY's protections under the sovereign immunity
laws of the State of Florida.
(4). Bill the SHA for services provided for the prior month in the month after
services have been provided by the CITY to the SHA.
(b). CITY law enforcement personnel shall act in a manner consistent with
applicable standards and standard operating procedures as determined to exist from
time-to-time by the CITY.
(c). The CITY shall manage and supervise its law enforcement personnel in
accordance with the controlling provisions of State law and its policies, procedures and
contractual obligations.
(d). The CITY shall provide services as an independent contractor and no
provision of this Interlocal Agreement shall be construed otherwise. The personnel of
the CITY shall not be deemed personnel or employees of the SHA. Law enforcement
activities of the CITY shall be accomplished in accordance with the laws of the State of
Florida relative to such matters.
Section 4. SHA's Obligations.
(a). The SHA shall:
(1). Fully cooperate and communicate with the CITY relative to the projects
and programs of the SHA which may require the issuance of trespass notices and
related actions and articulate in writing the needs and requests of the SHA for services.
(2). Pay the CITY for the actual costs of the CITY relating to the provision of
security services on SHA properties and actions relating thereto in accordance with the
provisions of this Interlocal Agreement.
(b). During the initial twelve (12) month period of this Interlocal Agreement,
pay the CITY at the rate of THIRTY AND 00/100THS DOLLARS ($30.00) per law
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enforcement officer hour with each call for CITY law enforcement personnel by the SHA
being subject to a four (4) hour minimum charge per officer called to a SHA property.
Payments shall be made to the CITY within thirty (30) days of the date of the CITY's
invoice to the SHA.
(c). After the end of the initial twelve (12) month period of this Interlocal
Agreement, the CITY may notify the SHA periodically of rate increases which shall take
effect sixty (60) days from the date of notification unless the SHA elects to terminate this
Interlocal Agreement within forty-five (45) days of the date of such notice being issued
by the CITY.
(d). The SHA shall, to the extent and limits authorized by law, to include, but
not be limited to Section 768.28, Florida Statutes, indemnify and hold the CITY
harmless from and against all liability, claims, demands, attorneys fees (both at trial and
on appeal), judgments and costs relating to personal injuries, including death, and
property damage arising from SHA's acts and omissions in the performance of the
SHA's obligations under this Interlocal Agreement and relative to SHA activities.
Nothing in this Interlocal Agreement shall be deemed to be a waiver, to any extent, of
the SHA's protections under the sovereign immunity laws of the State of Florida.
(e). Should the CITY determine that it is necessary or appropriate for the SHA
to provide for an advance deposit for the services referred to in this Section, the SHA
shall make such deposit or deposits with the CITY in advance of services being
provided to the SHA by the CITY.
Section 5. Assignment.
This Interlocal Agreement shall not be assigned by either party without the prior
written approval of the other party.
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Section 6. 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
Interlocal Agreement said obligations to include the requirements of Chapter 119,
Florida Statutes, and Article I, Section 24 of the Constitution of the State of Florida.
Section 7. Records and Audits.
The parties shall maintain any and all records, documents, papers, and other
evidence pertaining to the work performed under this Interlocal Agreement. Such
records shall be available at reasonable times and places during the term of this
Interlocal 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 8. Notices.
(a). Whenever either party desires to give notice to the other, notice may be
sent to:
For the SHA:
Sanford Housing Authority
Attn: Angel Tua
94 Castle Brewer Court
Sanford, Florida 32771
For the CITY:
Sherman Yehl
City Manager
300 North Park
Sanford, Florida 32771
With a copy to:
Brian Tooley
Chief of Police
815 South French Avenue
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Sanford, Florida 32779
(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.
Section 9. No General City Obligation.
In no event shall any obligation of the CITY under this Interlocal Agreement be or
constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem
taxing power of the CITY or a general obligation or indebtedness of the CITY within the
meaning of the Constitution of the State of Florida or any other applicable laws, but shall
be payable solely from legally available revenues and funds. Neither the SHA nor any
other party shall ever have the right to compel the exercise of the ad valorem taxing
power of the CITY
Section 10. Time of the Essence.
Time is hereby declared essence to the lawful performance of the duties and
obligations contained in this Interlocal Agreement.
Section 11. Applicable LawNenue.
This Interlocal Agreement and the provisions contained herein shall be
construed, controlled, and interpreted according to the laws of the State of Florida.
Venue for any legal proceeding related to this Interlocal Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
Section 12. Compliance with Laws and Regulations.
The parties agree to comply with all applicable Federal, State and local law to
include, but not be limited to, fire, health, and other applicable regulatory codes.
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Section 13. Attorney Fees.
In the event it becomes necessary to institute legal action to enforce any of the
terms of this Interlocal Agreement, the prevailing party shall be entitled to recover all
out-of-pocket expenses and costs and all reasonable attorneys fees, paralegal fees and
associated fees and costs from the date of filing until the termination of litigation
whether incurred at trial, on appeal, or otherwise.
Section 14. Nondiscrimination.
The parties agree that they will not discriminate against any employee or
applicant for employment for work under this Interlocal Agreement because of race,
color, religion, sex, age, national origin or disability and will take affirmative steps to
insure that applicants are employed and employees are treated during employment
without regard to race, color, religion, sex, age, national origin or disability. This
provision shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment advertising; layoff or termination; rates of payor their
forms or compensation; and selection for training, including apprenticeship. The SHA,
moreover, shall comply with all the requirements as imposed by the Americans with
Disability Act, the regulations of the Federal government issued thereunder, and any
and all requirements of State law related thereto.
Section 15. Failure to Enforce Not Waiver of Right.
Failure by the CITY to enforce any provision contained herein shall not be
deemed a waiver of the right to do so thereafter as to the same breach or as to any
breach occurring prior or subsequent thereto.
Section 16. Conflict of Interest.
The SHA agrees that it will not engage in any action that would create or cause a
conflict of interest in the performance of its obligations pursuant to this Interlocal
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Agreement with the CITY or which would violate or cause others to violate the
provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government or
create or cause a violation of said provisions of law by and officer, employee or agent of
the CITY.
Section 17. Captions.
Sections and other captions contained in this Interlocal Agreement are for
reference purposes only and are in no way intended to describe, interpret, define, or
limit the scope, extent or intent of this Interlocal Agreement, or any provision hereto.
Section 18. Force Majeure.
The CITY's obligations hereunder shall be subject to the concept of force
majeure. Accordingly, in the event of Acts of God, riot, weather disturbances, permitting,
war, terrorism, civil disobedience, geologic subsidence, electrical failure, malfunctions,
and events of a similar nature, the CITY shall be excused from providing services until
the cause or causes thereof have been remedied.
Section 19. Interpretation.
The CITY and the SHA agree that all words, terms and conditions contained
herein are to be read in concert, each with the other, and that a provision contained
under one (1) heading may be considered to be equally applicable under another in the
interpretation of this Interlocal Agreement. This Interlocal Agreement is the result of a
bona fide arms length negotiations between the CITY and the SHA and all parties have
contributed substantially and materially to the preparation of this Interlocal Agreement.
This Interlocal Agreement shall not be construed more strictly against either party on the
basis of being the drafter thereof, and both parties have contributed to the drafting of
this Interlocal Agreement. All provisions of this Interlocal Agreement shall be read and
applied in para materia with all other provisions hereof.
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Section 20. Modification.
This Interlocal 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, approved by the City Commission of the CITY and the governing
body of the SHA and executed by all parties to this Interlocal Agreement.
Section 21. Severability.
If any part of this Interlocal Agreement is found invalid or unenforceable by any
court, such invalidity or unenforceability shall not affect the other parts of this Interlocal
Agreement if the rights and obligations of the parties contained therein are not
materially prejudiced and if the intentions of the parties can continue to be affected. To
that end, the terms of this Interlocal Agreement is declared severable.
Section 22. Counterparts.
This Interlocal Agreement may be executed in any number of counterparts, each
of which shall be deemed an original, but all of which, taken together, shall constitute
one (1) and the same document.
Section 23. Entire Agreement: Effect on Prior Agreements.
This instrument constitutes the entire agreement between the parties and
supersedes all previous discussions, understandings, and agreements between parties
relating to the subject matter of this Interlocal Agreement. The parties in writing herein
shall make amendments to and waivers of the provisions by formal amendment.
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IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to
be executed on the day and year first written above.
ATTEST:
CITY OF SANFORD
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Date: ! -0% -() f
ATTEST:
SANFORD HOUSING AUTHORITY
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