MN ADDENDUM £0 SECOND AGREEMENT COMES NOW the gure: herew and enter jnve lois Werk Added a) to cae by and between ke Soult, Shox ff, Leo Coumy, Seced Agrees, (he Ag: leosida anl the City of Bomtta Sorings, Tied For enhancec Lew enfireemsn! cer catod Ostober 1. 2010, and agree as Falls ‘WITERRAS, she Perties aeveto may 2tsens sis & pursuant to Autielo XX (20.5, athe Agr cent, WHLEREAS, ths Prctios hereto dasive to anon the Agreemem in the follows NOW TIHEREKORE, is considesiion of the rautua! axcaalses aad cousitions vt focth bsasin. which 2 Parton mera ds and ceknowiedge sufficient coméderation, the Parties agree as follows: 1 The Recwal lated. Exhibit “a ove aro kop an ineosporatedloes’n tf Fally she Agreercent is doled its enti ame sepleued wit he io ia FISCAT. VPAR 189 Funding for Community Policing csrblishod i en sunt se? S1,A78,052.00. ‘Lue tacdisg 196 pay for 2 Sergeus's ana Mt Deputies b, Aciount is effective Ocluter 1, 2018 thrsueh 8 st for Lipase Jes, ron wekiclas and a. cquipuzent sts include ity and Serge 4 Allo er lens and conditions of the Agiwemeet, ay ici, wo insoesisien! with hie addendum, sll semain i fll free wud eect IN WYER LSS WEREOR, the Pu aba caused choir nspeasive ‘neu ox the dates sot fotts ek agents w excouts ts insaament 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, (238) 477-1200, 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 ® ake Secs Apert