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Law Enforcement Services Agreement - Draft %.1, -(---.s.)1" iii/ „,..--"----- —1115 15 ilk% LA- I D —w i M 1a -- _ C J 11(-A-CIT - ) 7 2 isL- t-th — L SI OJc1. )4)4 Ft))1°) AV--11 Z51 LAW ENFORCEMENT , :, , . _ AGREEmENT , _ . 09/13/41 (2124\WPDd1 KONIRAC1 S58) • t COLT 1R COUNTY SHEKtrr 'vrr1%.c LAW NEURCEMENT SERVICES t-b•;REEMENT. 1 by and between the THIS AGREEMENT, entered into this T of of • lier waif, Naplgs, Florida, Collier County Sheriffs Office, DON �� ��,� hereinafter referred to as CCSO and ---Ftefide, hereinafter referred to as 'CON RACTOR', both of om sh- I be referred to as th9 'PARTIES'. o�p,u.-rh nn�ri S �> WITNESSETH: '� ���e - Ih toi P Mt. sit u/L-! ,4 � ..,4 St �►� (,t,,A��Ti" 'It'll/Etli WHEREAS,the CONTRACTOR desires to obtain additional Law Enforcement Services;and r ,;,Lw WHEREAS, the CCSO has agreed to render to the CONTRACTOR additional law enforcement services, and the ei ONr set forth; is desirous esirous of contracting for such services upon the terms and conditions WHEREAS,the CONTRACTOR is desirous of providing additional Law Enforcement Services through a contractual relationship with CCSO; NOW,THEREFORE,in consideration of the,stans hereinafter set forth and for outer ,. a_ nd valuable considerations, the receipt and legal �sufcie of which are hereby ac , it is hereby agreed as follows: DEn NS For the purposes of this Agreement, the following terms shall have the respective meanings hereinafter set forth: 1.1 Sheriff means the elected Sheriff of Collier County or his Deputy or designee(s)as the context indicates, for the performance of this Law Enforcement Services Agreement 1.2 Communications Oceretor shall mean a CCSO member specially trained to staff any one of the following positions in the Communications Center E-911 (police,fire, and EMS), complaint operator, dispatcher, teletype operator, and duty officer. 1.3 Community Service OeC shall mean a CCSO uniformed civilian member who performs non-law enforcement support duties. 1.4 Deouty Sheriff shall mean 30 07 andwho has executed any yr�eeee�y oath �-,z.._ accordance with Florida Statute -his required by law. 1.5 De___25P Sheriff Invest for shall mean an appointed Deputy Sheriff whose current assignment within CCSO enables the Deputy Sheriff to specialize in the investigation of criminal activity. Work assignments are determined by the Criminal Investigations Division supervisor. t.6 D,outV Shadf NIMBI shall mean an appointee wee icy °norm none um I sr m vi sergeant who In a supervisory capacity. 1.7 DIouW $hem Ueut-enW! shall mean an appointed Deputy Sheriff holding the rank of Lieutenant. The Lieutenant supervises assigned sergeants and Deputy Sheriffs, as well as attending to the daily administrative duties of CCSO. 1.8 Special Services Lieutenant shall mean the supervisor, assigned to coordinate and manage the Special Services Bureau, who serves as the liaison between the CONTRACTOR and CCSO. 1.9 District Supervisor shall mean an appointed Deputy Sheriff holding the rank of lieutenant, and assigned to supervise activities of a CCSO Patrol District. The duty of the District Supervisor is to act as liaison between the Deputies assigned to their district, which involves the area defined by this Agreement, and the Special Services Bureau Lieutenant. 1.10 Patrol District is a specified geographic area of the county which contains the Law Enforcement Service CONTRACTOR's area, and regular CCSO patrol zones and grids. 1.11 Patrol 2one/Gri4 is a specific geographic area within Collier County that is assigned a patrol unit for each shift of duty. 1.12 �...0 shall mean.one (1) ed patrol vehicle prominenhIy displaying CCSO and shall be manned bone (1) sworn Deputy and conta1� all required support and emergency equipment. 1.13 S1Morn Oe���[ shall mean anY {i 4 = ed Deputy of the Sheriff,irrespective of rank � ,e Sheriff, Deputy S ed ergean� Deputy Sherri! Lieutenant). .• Deputy ._-- 1.14 shall includes wages, empbyer expenses (FICA), and em bpyee benefits inducing, but not limited to, retirement benefits, health and We/dismemberment insurance benefits, workers compensation, vacation, compensatory time, sick leave benefits, incentive pay, and any other salary increment regularly paid to Deputies. 1.15 Fiscal Year is defined as the period of time between October 1 through September 30, each year. Min LEZ TERM /RENEWAL 2.1 This Law Enforcemen Services Agreement shall r force and effect co mencing the 1 Sfda •f Le , 19 through the ay of 1 ' /`. 2.2 This Law nforcement Services Agreement may be terminated in accordance with thy_ x/ < _ Article 14ktjtt.n 2.3 The CONTRACTOR shall be entitled to renew this Law Enforcement Services Agreement for a one (1) year period with the consideration to be paid by the CONTRACTOR to be equivalent to CCSO's costs for the renewal period. 2 i 2.4 The CONTRA..I'OR shall announce such intention to(U-flew by providing written notice of its intent to do so no later than ninety (90) days prior to the expiration of this Law Enforcement Services Agreement. The written notice shall be accompanied by any other documentary evidence indicating the authority of CONTRACTOR to renew. 2.5 is law En yen t pedal Services Agreement expires on the day of 1 t AM/PM), unless mutually agreed in wrrtinq thereto. 2.6 If any term osion of this Agreement is determined to be invalid by any court of competent jurisdiction, the remaining terms and conditions hereof shall remain in fun force and effect. ARTICLE 3 LAW ENFORCEMENT SERVICES AGREEMENT • MISSION 3.1 The CCSO Deputies assigned pursuant to this agreement shall perform normal law enforcement duties, including the enforcement of applicable county ordinances and Florida State statutes, and other services now normally provided by CCSO. 3.2 The PARTIES agree that the services provided for herein are not a guarantee of the health and safety of the residents/citizens of the area serviced by this Law Enforcement Services Agreement. It Is the provision of additional regular law _in .. ;.,. r,_ . by the HERJFF to the,citizens of Collier County according to pclides",,,•,, ''1 ,. by the SHERIFF. -'5'.:,:• . PERFORMANCE OF ;� 11Z ES AUTHORITY TO ACT 4.1 It is the Went of CCSO to provide loo the CONTRACTOR Law Enf a Services and throughout , boundaries to wit rigs—. t..V..`' - t r c1 i A. Designated boundaries are described as follows:, 4.2 CCSO agrees to provide v Deputies for the purpose and duration of this •nal equipment or services being provided include: Agreement. Add' , I II lAk • 4.3 It is the responsibility of the CCSO to assign personnel to adequately provide Law Enforcement Services to the CONTRACTOR, pursuant to this Law Enforcement Services Agreement 4.4 At all times the Deputies governed by this Agreement shall be assigned by and remain under the control of the Office of the Sheriff of Collier County, Don Hunter, Sheriff. Deputies shall perform Law Enforcement Services in accordance with the applicable laws of the State of Florida and perform within current CCSO Operations Manual Written Directives. 3 4.5 Patrol service hall be supervised within the°mai " or t:t:5v. vv v rewns me authority to c.,.cermine the priority of any servict cap, especially where a life- . threatening emergency exists. Any response to in-progress or life saving calls shall be accomplished according to CCSO Written Directives. ARTICLE 5 RIGHT OF CONTROL, 5.1 CCSO shall have and shall maintain sole responsibility and control over all CCSO personnel, services rendered, training, standards of performance, discipline of personnel, and other matters incident to the performance of services, duties, and responsibilities described and contemplated herein. 5.2 The parties acknowledge that it is desirable for the CONTRACTOR to have CCSO personnel who are acquainted with the general make-up of the CONTRACTOR area including its geography, its industrial, business, and residential composition, and its crime problems. In order to balance the interests of CCSO in controlling personnel assignments and the interest of the CONTRACTOR in maintaining a law enforcement presence, the members of which are known to it, the following procedures shall apply to the assignment of CCSO members to this Agreement. However; a. Reasonable attempts shall be made to assign specific Deputies for this Agreement. b. CCSO members assigned to this Agreement shall be at the discretion of the Sheriff for the benefit of CCSO, its member and the CONTRACTOR. c. ,;' the_discretion to redeploy Deputies from the services herpn emergency,n c without set off in the considerations "herein a• . fib total community challenge to combat 5.3 CCSO requires social in conditions. Therefore, the CCSO shall have the discretion to crime and other soc�a�t pond' determine patrol staffing levels to provide adequate taw enforcement services to CONTRACTOR as may be required by the terms of this agreement 5.4 CCSO shall provide to the CONTRACTOR all services and facilities which CCSO normally provides to all areas of Collier County. ARTICLE 6 EMPLOYMENT RESPONSIBILITY. 6.1 Any CCSO member utilized by CCSO to fulfill the terms and conditions of this Agreement shall be members of CCSO in all respects and not employees of the CONTRACTOR. CONTRACTOR shall not attempt to exercise any control over CCSO Deputies. 6.2 Complaints concerning the execution of this Agreement shall be addressed only to the Special Services Lieutenant, Captain of the Uniform Patrol Division, the Undersheriff or the SHERIFF. 4 i • 6.3 In the event f'` CQNTRAGT VK Deoomes orssaosi' wive uw pvrivnnsna cn oily CCSO memo.. Assigned to perform under this Law E. cement Services Agreement, the CONTRACTOR shall provide written notification to CCSO detailing the reasons for such dissatisfaction. Thereafter,a representative(*)of CCSO and the CONTRACTOR shall meet to discuss possible remedies. 2-.._ . --GONTTRkOTQR (Av.i._. act in good faith in resolving any problems experienced by the CONTRACTOR. l :' I r ARTICLE 7 CONSIDERATION 7.1 The CONTRACTOR shall pay to CCSO,in consideration for the above stated services and responsibilities, the following amounts, monthly in advance: Fiscal Year Annual Payment Monthly Payment ,1994/9 1996/97 $___._._ $ 1997/98 $ shall beU dbe ar d• before first day of each tfi , 7.2 Each monthly installment pays► 4� 7.3 Should the CCSO and the CONTRACTOR mutually agree to a change in scope of thisID Agreement during the Agreement term, CCSO shall adjust the Agreement price ` accordingly. shall be required to perform the 7.4 CCSO has determined that the following expenditures eq pe 60'r" terms hereof. CONTRACTOR shall pay for such expenditures as fol lows: 0101,1' Expenditure Amount Payment Date ■5 (idi 4 1.of oo o' 30(70 �` Vic--- , 043 (01000 RA) 1 ' ' ' NCP19-A) i , • Ca' o� 000 5 i i 3' 1 _.j .Li 8.1 At the end of each fiscal year In which this Agreement is in effect, CONTRACTOR agrees to pay CCSO for any government mandated costs or increases, including but not limited to the following, salary and benefit adjustments: a. Salary adjustments approved by the County Commission; b. Retirement rates as determined by the Florida Retirement System; c. FICA rates; d. Health, Life/Dismemberment insurance rates; e. Worker's Compensation rates; f. Incentive pay. ARTICLE ! • AUDIT OF RECORDS, 9.1 CCSO shall maintain an accurate record of all CCSO members providing services under the Law Enforcement:$e1 Agreement. •s- < - _ a. CCSO agrees to provide the CONTRACTOR with a bailor services in advance on a monthly basis • b. Service Agreement records for services provided under this Agreement shall be made available for CONTRACTOR audit. FINES. FORFEITURES PAYMENT, eca y 10.1 The CONTRACTOR bears no entitlement to the disposition of'fines and forfeitures, pursuant to dtgeptegalfka0 Florida Statutes,and any proceeds or forfeitures arising from the sale or disposition of unclaimed property or other statutory or common law proceedings shall remain the sole property of CCSO. 10.2 CONTRACTOR shall have no claim to property confiscated and forfeited by CCSO pursuant to Chapter 932, Florida Statutes. ARTICLE 11 INSURANCE 11.1 CCSO maintains for its benefit liability insurance. The insurance coverage shall be in the amounts hereinafter described: a. General Professional Liability $2,200,000 any one incident or occurrence 6 f Zr3AA).WN W' 1Nit WWI%yaw p+m s l Iva nmow b. Automobile Liability $100,000/200,000 11.2 CCSO shall maintain these coverages throughout the term of this Law Enforcement Service Agreement, as the same may be extended in accordance with the provisions hereof. 11.3 The information in this Article (#11) is for information only, and shall not be interpreted to provide any benefit of any kind to the CONTRACTOR. ARTICLE 1Z SECURITY 12.1 Throughout the term hereof,CONTRACTOR shall provide a performance and payment bond, in form and with surety acceptable to CCSO, which shall provide guaranty of payment of all sums herein agreed to be paid by CONTRACTOR. Payment for such bond shall be by CONTRACTOR. ARTICLE 13 INDEPENDENT CONTRACTOR, t atQCSO is an indeeendent • � �,,� . 13.1 The CONTRACTOR eWr nf�.. ��',''. r` �•> ,- ,.. - ,' . • shah be construed to create'an ' 'l and nothing in this f ,.:7 ,^a� venom relationship or any r818ti0nshipr an. -� elationshiP allowing the •;fit-�}I o to exercise control or discretio ,gver other! . w11 tt ∎'e-... . _' ` =hereunder;and such status doOS,not manner or method by ��s>MOm officers pursuant to Article 4, all r c-.~i ?t afl`ect_t�power-and i_. , _,� . �. _ _ hereof, or any.other law of the , Magian TERMINATION 14.1 This Agreement may be terminated only by Its terms,or by written agreement signed by the PARTIES. 14.2 If this Law Enforcem= ._-- Agreement is terminated by the CONTRACTOR prior to September 30, 19 wit. the CONTRACTOR agrees to pay CCSO the following additional considers' • . - _. upon the year of termination: Fiscal - Year of Termination Additional Consideration ct99419s $ limas; TO 06 60" 1996/97 $ i:1 o' O. • MthAL 1997/98 s 7 14.3 in the event sNI ruination, both PARTIES shall row"( such aid, coordination, ana • cooperation the( might be required for an expeditions and efficient termination or transition of service. AR11CLE 16 MNSITIOt4 15.1 In the event of the termination or expiration hereof, CCSO and CONTRACTOR shall cooperate in good faith in order to effectuate a smooth and harmonious transition from CCSO to CONTRACTOR and to maintain during such period of transition the same law enforcement protection otherwise afforded to the residents of the CONTRACTOR pursuant to the terms hereof. In the event of such termination or expiration and in the further event that the CONTRACTOR is unable to provide the same level of law enforcement protection at the time of such termination or expiration, the term of this Agreement shall be deemed automatically extended for a period of ninety (90) days, and CONTRACTOR agrees to continue to pay the additional costs thereof. &rne� _ 15.2 Payments to CCSO during transition period shall be based upon a prorated rate- of the annual costs of providing such services during the transition period. T1CLE 1 ATTACHED/ENFORCEABLE ADDENDUM 16.1 Addendum I, District Office Q_ (1S NOT) a part of this Law En S01 rIVQa ef1t. 16.2 Addendum 11,x E4om e y r (I NO ) apart of WOO!Enfo rcement services ' . +.,,.... t..i .. 16.3 Addendum Ill, Use/Requesting Additional Services (S) (IS NOT) a part of this Law Enforcement Services Agreement. ARTICLE 1Z AUTHORITY TO EXECUTE; NO CONFLICT CREATED, 17.1 The Sheriff,pursuant to the powers under Article 8,Section 1 of the Constitution of the State of Florida and full power and exists to execute this Law Enforcement Service Agreement. However nothing herein contained nor any obligation on the part of CCSO to be performed hereunder sb�ondnrequired of CCSO�rsuant to Laws of the State of of insurance surety Florida. ■ 4 a�- a duly authorized representative of the 17.2 C e� RACTOR, hereby represents to CCSO that they have full pt oe on behalf on y to ake and execut=1 i Law_Enforce = t Service CONTRACTOR,: M�,i(E�l� =-" / =�'" . CCSO may reasonably demand any other = . = = of authority t it's sol- i isc retion. 8 ARM" 18.1 M notices required hereunder shall be by Certified US Mail, return receipt requested, any notice required hereunder shah be addressed to the party intended to receive same at the follows• • addresses: � 2Q CONTRACTOR: I r���•���..� �'" CCSO: Don Hunter, Sheriff Attn: Special Services Bureau Lieutenant Collier County Sheriff's Office 3301 East Tamiami Trail, Bldg. 'J' Naples, Florida 33962 ARTICLE 19, ASSIGNMENT, either PARTY.v�ii r tebsent o 19.1 This Agreement may not be assigned by �'�- titQ d +• 20.1 This Agreement constitutes the er,itiggiareement of the PARTIES and is intended as a complete and exclusive statement of the promises. representations, negotiations, discussions, and agreements that have been made in connection with the subject matter hereof. 20.2 No waiver or modification hereof by either PARTY shah be valid to alter, amend or modify this Agreement unless set forth in writing and signed by both PARTIES. ARTICLE 21, BINDING EFFECT, 21.1 This Agreement shah inure to the benefit of andA be binding upon the respective parties' successors: wj., .ar,�t G-fi o' '� 21.2 The PARTIES agree that this is a Florida contract to be performed in Florida, and further that any litigation arising hereunder shah be brought and completed in Collier County,Florida and other pertinent Florida courts,and further that neither PARTY shall seek to remove such litigation from Circuit Courts or Appellate Courts of the State of Florida be application of conflict of law or any other removal procedure. 9 IN WITNESS WHEk_JF,the PARTIES hereto execute this ,trument on their behalf, at the dates set forth below: COLLIER COUNTY SHERIFF'S OFFICE DON HUNTER Date Sheriff of Collier County Approved as to form and legal sufficiency subject to execution by the PARTIES: BY: Date M. W. SCHRYVER Counsel to the Sherjtf: _• ma {t CONTRACTOR:` : f�! BY: Signed Name Date Typed Name Street Address City State ( I Telephone Number 10 - I.Vlli CONTRA'"''OR shall insure during the term nereritwv.ssc Turin, au as porn cvsi and expo ., the District Office against any and oss or damage including, but not limited to, firs, water damage, and windstorm. CONTRACTOR agrees to insure against any and all injuries to persons and property in, on, or about the Public Safety Facility and its common areas. CONTRACTOR agrees to maintain General Liability Insurance in an amount not less than One Million Dollars (51,000,000.00)per occurrence. The CONTRACTOR reserves the right to provide this insurance through a self Insurance plan which includes standard general liability policy provisions. The CONTRACTOR agrees that any insurance plan will at all times provide CCSO with the same above-stated coverage. Such insurance shall list CCSO as an additional insured and be written in a company or companies licensed In the State of Florida. Certificates of Insurance evidencing the above-stated insurance shall be delivered to CCSO. Should any of the required insurance policies be cancelled or not renewed before the expiration data of this Agreement, the issuing company will provide sixty (60) days prior written notice to CCSO. Notification of cancellation, non-renewal, or renewal must be issued directly by the Underwriting Department within the Insurance Company and not by the Insurance Agency, regardless of authority or agreement between Insurance Agency or Insurance Company. COLUER COUNTY SHERIFFS OFFICE • DON HUNTER Date Sheriff of Collier County Approved as to form and legal sufficiency subject to execution by the PARTIES: CONTRACTOR • BY: Date Signed Name Typed Name 12 ' - ce�IPeYEfNT�R�t'�.t�i In the event of the prior termination or upon the expiration of this Agreement, 11.1 from CCSO any equipment, including police CONTRACTOR may purchase or in Wi connection y the services vehicles, directly attributable contemplated herein and listed In Article 7.4 hereof. 11.11 The value of the equipment shall be determined as follows: a. VEHICLES: At the average of three (3) bids derived from established used police vehicle dealers. b. COMMUNICATIONS EQUIPMENT/MOBILE a MOBI life, PORTABLE�IOS:t the cost, less depreciation by the State Division of Communication. c. OTHER EQUIPMENT: Which C1e light bars, office furnishings ngs and other law emergency equipment, enforcement related equipment. At cost less depreciation over their useful life. The CONTRACTOR shall pay to CCSO any and all monies due at the time of 11.111 transfer of said equipment. a. Upon yreceipt'of the CONTRACTOR'S payment described in ihe above provision,CCSO shad convey all Its rights,title and Interest in the above- descrbed to the CONTRACTOR by Bill of Sale Absolute or Certitkatjon�of TM,itS4Pplicable. COLLIER COUNTY SHERIFF'S OFFICE DON HUNTER Date Sheriff of Coiner County Approved as to form and legal sufficiency subject to execution by the PARTIES: CONTRACTOR BY: Date Signed Name Typed Name 13 ADDENDUM IN ‘_.,/REQUEST FORADDmONAL SE, ACES. 111.1 The CONTRACTOR,may request additional Law Enforcement Services necessary to the CONTRACTOR during the tenure of this agreement. 111.11 CCSO agrees to provide these additional services unless resources are unavailable. 111.111 The cost of additional services shall be borne by the CONTRACTOR on an actual cost per unit basis, and shall be payable in the same manner as described in Article 7 of this Law Enforcement Services Agreement. The actual cost per unit shall be determined based upon actual cost figures at the time of the request. If the request Is received during a particular month, the cost for additional services for that month shall be pro-rated based upon the ratio by which the remaining days in the month bears to the total number of days in the month. III.IV Upon the implementation of such additional services, all other provisions of this Law Enforcement Services Agreement shall apply equally and to the same effect as if such additional services was specifically described herein. COLLIER COUNTY SHERIFF'S OFFICE DON HUNTER Date Sheriff of Collier County Approved as to form and legal sufficiency subject to execution by the PARTIES: CONTRACTOR BY: Signed Name Date Typed Name • 14