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HomeMy WebLinkAbout2018 AgreementE AGREEMENT FOR TRAFFIC LAW ENFORCEMENTON PRIVATE ROADS IN FISCHER LAKE ISLAND THIS AGREEMENT for traffic control and enforcement on PRIVATE ROADS located in the gated community of Fischer Lake Island is entered into by and between the City of Sebastian Police Department (hereinafter referred to as the "CITY" or "Police Department"), and Fischer Lake Island Property Owner's ASSOCIATION, Inc., (hereinafter referred to as ASSOCIATION", collectively referred to, hereinafter, as the "PARTIES." W ITNESSENTH: WHEREAS, the ASSOCIATION owns fee simple title to all private roadways lying within the gated community known as Fischer Lake Island (hereinafter "PRIVATE ROADS"), more specifically described in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, the PRIVATE ROADS are owned by the ASSOCIATION, of which Board members are fully authorized and empowered to act; and WHEREAS, a quorum of the Board of the ASSOCIATION met, and a majority of the quorum approved the execution of this agreement, the signatures of those Board members appearing below; and WHEREAS, absent a written agreement between the CITY and the ASSOCIATION in compliance with Section 316.006 of the Florida Statutes, the CITY would not enjoy traffic enforcement and control jurisdiction over the PRIVATE ROADS; and WHEREAS, the Florida Legislature, by enacting Section 316.006(3xb) (2) of the Florida Statutes, has authorized municipalities to exercise jurisdiction over any private roads if a municipality and the party owning such roads enter into a written agreement providing for traffic enforcement and control jurisdiction to the municipality, and the governing body of the municipality approves that agreement; and WHEREAS, the City Council of the City of Sebastian, Indian River County, State of Florida, has delegated to and authorized the Chief of Police to enter into such agreements on behalf of the City Council; and, WHEREAS, the ASSOCIATION desires the CITY, through its Police Department, to enforce the traffic laws of the State of Florida over the PRIVATE ROADS; and WHEREAS, the ASSOCIATION approves the exercise of traffic control jurisdiction by the CITY of Sebastian Police Department over the PRIVATE ROADS; and WHEREAS, the parties desire to set forth the terms and conditions of this Agreement. NOW, THEREFORE., in consideration of the covenants, terms and conditions herein, the CITY and the ASSOCIATION hereby agree as follows: INCORPORATION OF RECITALS. The above recitals are true and correct, incorporated herein and form a material part of this Agreement. '_. JURISDICTION. The ASSOCIATION agrees to exercise traffic enforcement and control jurisdiction over the PRIVA"fE ROADS by the CITY, pursuant to the authority provided in Section 316.006(3xb), Florida Statutes, and as amended. Traffic Law Enforcement Agreement RE. FISCHER LAKE ISLAND Page 2 of 6 3. SCHEDULING. The ASSOCIATION and the CITY agree that the CITY shall exercise traffic enforcement and control jurisdiction over the PRIVATE ROADS only during such hours and days as are mutually agreeable to the parties to this agreement. 4. SIGNA E. Prior to any traffic enforcement action, the CITY, in consultation with the ASSOCIATION, shall establish the speed limit for the PRIVATE ROADS. The ASSOCIATION shall be responsible for posting the speed limit and erecting other traffic signs along the PRIVATE ROADS in compliance with State of Florida Department of Transportation requirements. The Police Chief (or authorized designee) shall inspect and approve all signage prior to any traffic enforcement and control. 5. TRAFFIC CONTROL SUPPLEMENTAL TO EXISTING AUTHORITY. The CITY exercise of traffic enforcement and control jurisdiction pursuant to this Agreement shall be supplemental to the authority presently enjoyed by the Police Department over the PRIVATE ROADS, and nothing herein shall be construed to limit or modify such preexisting authority. The CITY agrees to continue to provide such police services as are required by law. 6. COMPENSATION. The ASSOCIATION shall be responsible for compensating the CITY for the services performed under this Agreement at an hourly rate and/or in the manner specified in Exhibit "B'; attached hereto and incorporated herein. Should, during the term of this Agreement, the CITY desire to increase the hourly rate that is required for the ASSOCIATION to pay, the CITY will provide the ASSOCIATION no less than thirty (30) days advance notice thereof. 7. CITY TP RETAIIJ RE NUES. All revenue from the fines, costs, and penalties imposed by the traffic citations issued for violation of traffic laws on the PRIVATE ROADS shall be retained by the CITY and apportioned in the manner set forth in applicable statutes. 8. LIABILITY NOT IACREASED. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the CITY than that which the CITY would ordinarily be subjected to when providing police services. Nothing in this Agreement waives any applicable immunities, including but not limited to the sovereign immunity of the CITY, or the qualified immunity of any police officer. 9. REMEDIES. Although the City of Sebastian Police Department will diligently attempt to provide the ASSOCIATION with the level of extra -duty detail services when such is requested, the CITY's failure to do so does not constitute a breach of the Agreement; nor is there any penalty that may be imposed therefore. This agreement shall not affect the normal police response for other calls for service or routine patrol (see EXHIBIT "B"). 10. INDEMNIFICATION. To the fullest extent permitted by law, the ASSOCIATION shall indemnify, defend, and hold the CITY and its officers harmless from any loss, cost, damage or expense, including attorney's fees, for any action arising out of, related to, or stemming from, either directly or indirectly, any matter, action taken, or the absence of action by the CITY within the scope or furtherance of the CITY's assumption of its traffic control jurisdiction as per this Agreement, as well as, the maintenance, repair and/or reconstruction of any roads, road drainage or signage within Fischer Lake Island. Traffic Law Enforcement Agreement RE: FISCHER LAKE ISLAND Page 3 of 6 11. INSURANCE. To ensure its ability to fulfill its obligation under this paragraph, the ASSOCIATION, as a condition precedent to the CITY's assumption of traffic enforcement and control jurisdiction as per this Agreement, shall obtain/maintain General Liability insurance in the minimum amount of One Million Dollars ($ I,000,000.00); the policy for which shall: (a) name the "CITY OF SEBASTIAN" as an additional insured as it relates to activities conducted pursuant to this Agreement, (b) be issued by companies authorized to do business under the laws of the State of Florida, (c) not exclude police liability, (d) provide for a 30-day advance written notice to the CITY of cancellation, and (e) otherwise be acceptable to the CITY. Further, the ASSOCIATION agrees to maintain insurance of the nature and qualities described herein, uninterrupted, for the duration of the term of this Agreement. Upon receiving notice of the acceptability of said policy, the ASSOCIATION or Fischer Lake Island shall file, with the CITY, all current certificates of the required insurance. 12. ROAD MAINTENANCE. Neither the existence of this Agreement nor anything contained herein shall impose any obligation or duty upon the CITY to provide maintenance on and/or drainage of the PRIVATE ROADS. The maintenance, repay and construction or reconstruction of all roads, drainage and signage within the ASSOCIATION's community shall at all times be solely and exclusively the responsibility of the ASSOCIATION. 13. ASSIGNABILITY. The ASSOCIATION may not assign their rights nor delegate their duties and obligations arising under this Agreement except by the express, written consent of the CITY. The CITY agrees not to unreasonably withhold its consent in this regard. 14. TERM/CANCELLATION. The term of this Agreement shall commence on the date this Agreement is fully and lawfully executed by both parties, and shall extend thereafter through to December 31, 2020. Upon providing a minimum of twenty (20) days written advance notice to the other party, or a lesser period of time upon mutual written consent by either party to this Agreement, either party may cancel the Agreement without incurring any penalty or damages thereof. The provisions of Paragraphs 8 and 10 herein shall survive the termination or expiration of this Agreement. 15. ENTIRE AGREEMENT. This Agreement, including all Exhibits attached hereto, constitutes the entire understanding and agreement between the parties and may not be changed, altered, or otherwise modified except in writing executed in the same formality and dignity as this Agreement; including the approval of the governing body of the ASSOCIATION. 16. NOTICE. All notices contemplated by this Agreement shall be given in writing and sent certified mail, return receipt requested, to the following addresses: FOR THE CITY: J. Michelle Morris, Chief of Police City of Sebastian 1201 Main Street Sebastian, Florida 32958 With a copy to: James D. Stokes, City Attorney FOR THE ASSOCIATION: c/o: Property Manager (or) President Fischer Lake Island POA, Inc. 1500 Eagles Circle Sebastian, Florida 32958 With a copy to: Registered Agent of Record Traffic Law Enforcement Agreement RE: FISCHER LAKE ISLAND Page 4 of 6 IN WITNESS WHEREOF, the parties have executed this Traffic Law Enforcement Agreement for Fischer Lake Island POA, Inc., on the date indicated below. FOR THE CITY OF SEBASTIAN: B �J,ICHELLE �MORRRLS Chief of Police Dated-.N. ATTEST JEANETTE WILLIANS, MMC City Clerk FOR FISCHER LAKE ISLAND PROPERTY OWNERS ASSOCIATION, INC. By: -4 JACK MAITNER President Dated: TfiN(, 61 10 1 S1 ATTEST: _ 1� 4 GINA BIRO Corporate Secretary Traffic Law Enforcement Agreement RE: FISCHER LAKE ISLAND Page 5 of 6 EXH BIT"A" The Agreement for enforcement of the traffic control laws of the State on PRIVATE ROADS located in the gated community of Fischer Lake Island includes the following roadways; Eagles Circle Erica's Way Traffic Law Enforcement Agreement RE: FISCHER LAKE ISLAND EXHIBIT "B" Page 6 of 6 Fischer lake Island Property Owners Association, Inc., shall obtain traffic law enforcement by means of the following: a) during routine patrol as circumstances and staffing permit without any cost or charge, or b) in response to, as circumstances permit and at the discretion of the CITY as to the deployment of staffing, or c) at the request of the ASSOCIATION upon the execution of, and the CITY approval of, an extra -duty detail agreement, employing officers through the Police Department's off -duty program. The rate of pay and other terms shall be as specified in the extra -duty detail application. The terms and conditions may change at the determination of the CITY in accordance with internal policy and notification of any rate change will be provided in advance of the effective date, as per the Agreement. If a resident of Fischer Lake Island wishes to make a traffic complaint or request a traffic law enforcement detail pursuant to this Agreement, he or she shall contact the ASSOCIATION for further action. If a resident of Fischer Lake Island contacts the Police directly with such a complaint or request, he or she will be directed to the Owner, except in circumstances of an instantly occurring offense. The Owner hereby consent to the Police Department conducting routine patrol and special details on the PRIVATE ROADS for law enforcement purposes, such as combating a pattern of criminal activity (e.g., special detail to target persons committing car burglaries in the area) and discouraging crime by establishing a law enforcement presence. ATTACHMENT: Extra -Duty Detail Application setting terms and conditions. NOTE: See paragraph 6 of "Agreement" regarding potential increase of hourly ratelfees.