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2503 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 1 1 P a g e 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 21 Page 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 3f Page........ 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 4 1 P a g e 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 5{Page 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. 6 1 P a g e 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 7FPage 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 8 J P a g e 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 91Page__ without the invalid provision or application, and to this end the provisions of this Agreement are declared severable. 101Page __ 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: III Page 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: 121 P age 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: 121 Page 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 131 Page ; �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.