BSC-18-08-146 Sheriff's Office - Ninth Addendum to Enhanced Services Agreement x

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by  City Of Bonita Springs

MN ADDENDUM £0 SECOND AGREEMENT

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BSC-18-08-146
OND AGREEMENT

SHERIFF OF LEE COUNTY

Ug Hix ye

MuiKE SCOTT, SHERIFF

JOHN! Mad he OPDRATIONS Bee

“Agncoved as bole

RING Adietk

CITY. OF BONITA

PETER SIMMONS MAYOR

PROVED 48°10 LEGAL FORM:

Page?
SECOND
AGREEMENT

BY AND BETWEEN
MIKE SCOTT, LCSO OF LEE COUNTY, FLORIDA AND.
THE CITY OF BONITA SPRINGS FOR
ENHANGED LAW ENFORCEMENT SERVICES

THIS AGREEMENT, by and befwaen the CITY OF BONITA SPRINGS, a municipal
‘corporation organized and existing under ihe laws of the State of Florda, heseinafler
xefotred fo a8 “CITY.” and Mike Scott, Sherif of Lee Counly, Florida, hereinaftarrefarrad (0
colsctvely as "LCSO."

WITNESSETH:

WHEREAS, the CITY is desirous of maintaining 3 high lavet of compatant
professional police sarvica in confurction and harmony with ts fiscal policis oF sound,
‘ceonomical managoment; and

WHEREAS, LCSO and CITY previously agraed on 2 basic services agroement
with a continuing high level of professional patice service, and the CITY is dasious of
enhancing such servicas upon the terms and conditions hereinafter set forth, and

WHEREAS, CITY is desirous of enhancing daily paice services above and beycnd
basic services already rendered through contractual relationship with LCSO.

NOW THEREFORE, in consideration ofthe sums hereinattar set forth ard fercthor
{good and valusbla considerations, the receipt and fegal sufficiency of which are hereby
Acknowladged,i Is hereby agreed as follows:

ARTICLE|

DEFINITIONS.

For the purposes of his Agreement, the following ters shall have the respective
meanings hereinartar eet forth:

1.4 Agreement shell mean this Agreenient far Law Enfortement Services
‘between the CITY and LCSO. This Agreement daes not replace or supplant the taste
sarvices provided by the Sherif but is to provide enhanced serviogs above and heyond the
basic services provided through general ad valorem revenues and ather regufar funding,
However, nothing contained wdihin this definition should profit Cotnraurity Outreach
Program (COPS) funding I avaitable,

a Pate evoe Aeert

aserao 9-138
1.2 {CSO shall mean the duly elected and gu atited Sherif of Lee County,
Florida

1.3 LOSO'S Address shall mean Loe County Sheriffs Office, 14750 Six Mile
Cypress Parkway, Fl, Myers Fl 33942, [phone],

1.4 CITYshall mean the Ciy of Berita Springs, Florida, a municipal corporation
organized and existing under the laws of the Stzta of Florica ard located wihin the
boundaries of Lee County, Flaca.

1.5 _CITYS Address shall mean 9101 Bonita Baach Road, Bonita Springs FL.
24135, (290) $49-6262.

4.8 CITY Boundorias shall mean the area within the municipal boundarles ofthe
cry.

1.7 City Manager shall mean the duly appointed and validly existing Cty
Manager of the CITY. in the absence of the City Manager, the person actlag in the
capacity of City Manager shall hava the same authorty as that of ne Cily Manayer.

4.8 Deputy Sherif shall mean an employee who is appointed by the Sherifin
accordance with Fis, Stat, 0.07 and who has execuled any racessary oath which i
‘aquired by taw. This postion consists of shift related duGes which includes: arrest and
‘talon of violators, crime prevention, irae control ccurttaom testimony, community
policing, high visibility patral, ard others as determined by LCSO,

1.9 District Commander shall mean the indlviduat appointed under Article XV
Who is responsibie for all employees and acdvties of the Bonita Springs Patrol Zone.
‘The district commander shall hold the rank of Depuly Sher Captain. The duties of tha
disttet commander inclucle compliance with provisions of this cantract for law
antorcement service, serve as liaison between the CITY and LCSO, and insure the
maintenance of effective morale, discipline, and law enforcement service.

41.10. Patra! Uni shall mean ona (1) marked ear which shall be manned by one (1)
Uniformed Offcer and containing alf standard sunport @quipment and who is assigned a,
Patrol within the City of Bonita Springs. Any patrol unt purchased by the CTY shall
prominertly display the City of Bonita Springs offcia seal and on the vehicle's exterior the
lagend “pai for by the City of Bonita Springs” in letters af least two (2) inches in height, to
bbe paid for by the CITY.

4.11 Pato! Zone is the incorporeted boundades of the CITY that is par ofthe
South District
4.12, Soleries shal inctude wages, employer exoenses (FCA), and employee
benefits including, but not lmited to, ratterrent benefits, neal insurance benefit,
workers compensation, vacetion, compensatory time. and sick leave benefits,

1.43 Swom Personne! shall mean any appointed deputy of te Shedif, respective
of the rank (Le. Deputy Seerif Sergeant, Deputy Shorif Lieutenant, Daputy Sherif
Captain}

1.15 Uniformed Deputy mesns a Deputy Sherif employed by LCSO who wears
2. LO80 uniform.

ARTICLE J
TERM

2.4 _ This Service Agreement shall remain in ful force ard aMect commancing
‘October 1, 2010 through September 20, 2011, the present tonm for Sheri Mike Sco, al
dates ichisive, condifoned upcn the aarty’s agreement as athe consaration fo be pad
by the City n each appicable fiscal year

22 The CITY shall have the option to extend the Term for four (4) additional

‘one {1} Year terins, spon the same (erms ard conditons contained herein, except that
the Consideration Eayable hereunder sha be subjact to mutual agreement

23. Ethar party may terminate this Service Agreement for any reason by giving
no loss than ninety (50) days prior written nctice (othe other pay.

2.4 _ Inthe event of tomination, both pa'tes shall rencior such aid, coordination,
_ané cagperation that might be required for an expeditious and efficient termination of
service,

ARTICLE I
MANNER OF PERFORMANCE OF SERVICES

3.4 ILis the intent of GSO to provide fo the CITY its curteat, enhancing existing
‘competent professional patica protection within and] throughout the corporate fits of the
CIFY as sat forth in Exhibit 8 to this Agrsement.

32 in recognition of the CITY's ned te be infonned vfLCSO'S actives,

LOSO’S District Commander and the City Manager will develop a mutually agreed upon
‘reporting ormat(s) ard reporting period(s), whereby LCSO wil rapor iis actives tothe
ity Manager. Al any time during the term of tis Agreement, zhe City Manager shall have
fhe right te make reasonabfe modifcations to Tie reporting fonrat(s) and reporting
periods)

33 LOSO will ensure the courtasy and professional demeanor of the assigned
eputles through intereal policies and staff inspactions, in-service training, and diversity
taining,

ARTICLE!
STARFING STRUCTURE

4.1 Commenting Ocioder 1, 2010, the enhanced staffing structure of deputies
of the Bonita Springs Patrol Zone in the South District shall Se as sel forth in Exhibit A
attached hereto.

4.2. Its the reeponsbilty of the Distict Commander or dasignea, in consultation
with the Cty Manager, to properly aselgn pereonnel to adequately provide enhanced ‘ew
enforcement services in the Bonita Springs Patrol Zone, pursuant to this Agreement.

ARTICLE
PATROL UNITS

6.1 Eaoh Uniformed Deputy Sherif patroling the Palrol Zone eal be
assigned by the District Commander and work scheduled time, not to exceed forty-two
hours par Week, excepting holidays, overtime, off-duty dota, vacation leave, requived
‘raining, court appearances, authorized sick leave, and such alhar sbsencas as may ba
authorized by the SHERIFF of hls designee,

52 The parties recognize that a taw enforcement agency requires flexbilty in
‘order to meet sociely’s challenge lo combat crine and other social conditions. Therefore,
the Dismial Commander or his designee shall have the dlsrretion te determine patio!
staffing levels to provide adequale potice services to ine CITY subject o the requirements
of paragraph 84. The LCSO recognizes that the Agreement is for enhanced services end
‘thing inthis paragraph chalf be construed as to replace community policing activites
Unless the circumstances warrant the modification because of luck of regular and bessic
parol staffing lavels in Bonita Springs and the immadiate adjacem areas. Use of tis,
diserelfon should be the exception and rot the rule,

5.3._A professional lavel of service shal be provitied by the patrol services
contemplated by thls Agreement. This professional level of service shall be in accordance
with applicable laws and accopted palica practicas, inciuding LCSO policies and
procedures,
84 _ These patrol services shalt be supervised withia the discretion of tha on-duty
Uniform patrol superviser, with the understanding that the patrol services are enhanced
serves fo provide community policing

8S 1.080. through its Deputy Sherits assigned to the City of Bonita Springs,
at the request of the City Manager, will provide addilonal enhances services as agrecd
tupon with the District Commander.

ARTICLE

GIEY COUNCIL MEETINGS

6.1 __Atthe requesl ofthe City Manager and in conformity with paragraph 6.1, ane
(1) Deputy Sherif shall be present for the purpose of maintaining ordar at each regMar or
‘spacial City Councl| meeting during the reguiar shit of attending deputy,

ELE vil

EMPLOYMENT RESPONGIBILITY

7.1 Anyempioyees utilized by LCSO 1 fulilthe terms and condiions ofthis
Agreement stati be deemed as employees of LCSO, not ofthe GITY.

7.2 Accordingly, the CITY shall not ba responsible for or aesume any lilly
for any employee's salaries, wages, or other compersetlon, cortrloutions to persion
funds, insurance premiums, workers compensation funds (Chapter 441, Florida Statules
£2002), vacation, compensalony time, sick leave benefits or any alher ameritias of
‘employment to ariy LCSO Personnel performing services, dulias and responsibilities
hereurkler for the benefit of satt CITY and the residents thereat or any other liabilities
whatscever.

7.8 Further, unless otherwise specifically pravided in tha onatrary heroin, the
CITY shail not be lable for campensation, contribution, indemnity to LCSO ot the
‘employees theract for any injury or ilnags, of any kind whatsoever, arising out of such
‘employment and the performance ofthe service, duties, and responsibilities contermplatea
herein,

ARTICLE vill
EMPLOYMENT: RIGHT OF CONTROL,

8.1 LCSO shall have and maintain sole resnonetbtiy and: control aver the
rendition of services, training, standards of performance, discipine of personnel, ard
cther matiers incident io the performance ofits services, cules, and responsiliies

5 Poker see cous
described and conteinclated herein, provided said conti! does nat result in a germane
eduction in the stating fevels as providea in Arita i.

8.2 The partes seknowledge that tis important fr the CITY to heve LCSO
personnel who are acquainted with the general make-up of the CITY including ts
gecgiaphy, its ‘ncustial, usted, anid residential exposition, and is law enforcement
issues

ARTICLE IK
EMPLOYMENT: AUTHORITY TO ACT

9.4 The CITY recognizes that LOO shall he required ta appoitt employees 25
depiity sheriis to ect within the City forthe purpose of enforcing this Agreement. Yhe
LCSO wil endeavor fo maintain units as described in Eahibt A atfached hereta in the
Bantta Springs Patrol Zone,

92 The CITY does hereby vest in any LCSO employee, wo is appointed by the
‘Sherif as a deputy sherif and certfied as 2 tow enforcement officer ‘sithin Chapter 943.
Florida Statutes 2002, the police powers which are necessary fo implement and cary forth
the services, dutiag, and raspnnshillles Impese¢ upon LCSO by this Agreement, forthe
sola and timited purpose of ghing official and lawful status and vaidty ta the porforinance
thereof by such swom officers. Every swom affcar of LCSO so empowered hereby and
engaged in the performance af the services, duiias, and responsbbillies described and
contemplated horein shall be daemed lobe a sworn uller of the CITY while performing
such services. ditias, and esponsibillies which consttute municipal functions and are
within the scope of tis Service Agreement

23 Accordingly, such swom officers of LOSO are hereby vested with the power
to enforce the ordinances of the CITY, to take arfesta incident to the enforcernent theraoi,
and tn do such other things and perform such other acts as are necessary with respect
thereto,

ARTICLE X
CONSIDERATION

10.1 The CITY agress (o pay LCSO, in corsideration for the services deserted
hereia, forthe fiscal year 2010/201F, the sum set forth in Exhibil "A" allached hereto.
Exhibit "A" shal be amended from year to year as made necessary by the increased
‘onsts and expenses of staffing and maintaining 3 Deputy Sherif.

10.2. The consideration payable by the CITY for fscal year 2010/2011 shall be
subject fa aa annual percentage adjustment, not ip exceed a ten percent (T0%)
increase of the contractual consideration for the preceding year. Such incrasees shalt

‘ ee Serce Ameer
only be approved aller LOSO has provided detatted financial back-up jusifying ihe
increase to the CITY.

10.3 LOSO shall have the right to temporadly fll any vacancy’ within the Bont
‘Springs District, provided the vacant position is ‘led by a LCSO employee that
possesses skils training and experiance at least aquivalent ta the absent Ecrita
Springs Patrol Zone Deputy.

10.4 The consideration recited nerein constitutes the entire consideration a be
paid hereunder and upon the payment hereof, ia the marmee and atthe times:
descrited herein, the CITY shall have no futher monetary obligations to LCSO er any
thd party providing services descrived in this Servica Agraamert

10.5 Inthe event that the CHTY desives to add additional deputles, this
agreerrent shall be provided fcr in writing, signed by both parties and added hereta as
‘an addendum.

10.8 Capital equipment associated with the patrol units and the Borita
substetion will be replaced on an as needed besis based on the maintenance casts and
factors as deemed necessary by LCSO.

ARTICLE X!
ADDITIONAL SERVICES

11.1. Tha City Manager may requast additional aw enforcament services (La, K-8,
‘motoreyetas, foot patred, special details) nacassary ic tha CITY during the tenure ofthis
Agreement,

11.2 LORO agrees to make every reasanabe effort to provide thesa servioas to
the CITY.

ARTICLE Xt
‘AUDIT OF RECORDS

12.1. LCSO shall mamntain an accurate record af al LCSO personnel employed in
(ho Bonita Springs Patrol Zone, and the'r hours of actual employmant. Upon request of
the Cy Manager, LCSO agrees to provide the CITY with payroll records concerning hours
‘of actual amptoymant for LCSO'S Banita Springs District personnel.

422 _LCSO agrees to provide for inspection and audit any other financial records
relaticg io this Agreamant, eubjact to public records exemptions.
TICLE Xi

FINES, FORFESURES; PAYMENT

$3.4 All aw enforcement education funds levied and calested by the Clerk ofthe
Court pursuant to Section 943.25, Florida Statutes, may be used by tne LCSO for tha law
enforcament education purposes authorized in said Statvtas. Apart ftom suck funds,
LCSO shall have no claim oF rghlto any other monies or things of value whlch the CITY
receives of may hereinafter receive by vay of entitlement programs, grants orctherwise in
connection with law enforcement activities,

18.2 It is hereby acknowtedged between the CITY and LCSO that on ooeasion
LOSO may receive equipment from the CITY pursuant to a grant or some other funding
device which may be ullized af the sole discretion of the CITY. Prior 0 the purchase of
any such equipmant, the City Manager and District Commander snall muiually agree, in
‘writing, to the specifications, maintenance responsibitties, ard disposition procedures
related (¢ such equipment. in af cases, LCSO shall ba responsibfe for sny and all reals
or replacements necossitated by LCSO's abuse or neglect ofthe equipment.

ARTICLE XIV
DISTRICT COMMANDER

44.1 The District Comnmander shall, among ofner specified dutfes, act as liaison
between the CITY and LCSO.

44.2 The parties horeby acknowledge and agres that CSO retains the right to
discipline and ramove from office the Distict Commander or any Deputy Sherif.

ARTICLE xv
INSURANCE
154 LCSO shal be self insured or maintain insurance coverage forthe Habiltles
assumed by LCSO under this Agreement, The insurance coverage shall be ia the
‘amounle Rereinafter described:

General Liabity {$100,0007200,000.00
Automobile Liability $5100,000/200,000.00

152 LCSO shall maintain the respective coverage throughout the term of this

Serica Agreemant, as the same may be extendad in accordancs with the provisions
heteat

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