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1366 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