An Overview of the Contract with the Florida Sheriffs Association
An Introduction to the Florida Sheriffs Association
The Florida Sheriffs Association is a not-for-profit association incorporated in 1893 as the "Florida Division of the International Association of Chiefs of Police." When it was formed, FSA’s member were comprised mostly of Florida’s sheriffs. In fact, they alone elected FSA’s first president, and association bylaws mandated that FSA members could be active or retired sheriffs, deputy sheriffs, or honorary members. It was not until 1972 that an amendment to its bylaws broadened FSA membership to include current and former sheriffs’ office employees, including administrative and clerical staff . The members-only requirement has been further relaxed since the 1990s, when FSA began to accept former sheriffs and exhibitors of the association licensing Web site.
FSA is now the premier professional association dedicated to fostering better working relationships between Florida’s 67 elected sheriffs and various governmental and non-governmental agencies and individuals. FSA is also influential on issues of state law and policy involving law enforcement, correctional and civil processing officers. FSA helps guide the state on law and policy involving officers through legislative advocacy, education, training, and other programs.
Purpose and Structure of the Contract
The Florida Sheriffs Association facilitates several types of contract purchasing vehicles that are available to the public sector. These cooperative contracts may be used by eligible Florida municipalities, the State of Florida, or even other states. The main categories for products are Public Safety, Law Enforcement, and Correctional products.
Products that fall under the categories above include fire, sheriff, police, and correctional equipment, gear, and many other products in the public safety industry. Public Safety Vehicles are also offered through this contract. Other categories for The Florida Sheriffs Association contract include construction equipment, street maintenance equipment, traffic control fleet equipment, road maintenance equipment, heavy equipment, and other classifications within public works. Further categories include emergency management products such as medical equipment; safety lighting and auxiliary equipment; radio equipment and accessories; and other electronic equipment, including computer hardware and software.
The primary purpose for the Florida Sheriffs Association contract program is to reduce the overall cost of procurement to the local government by leveraging the purchasing power of the entire membership. In addition to lowering the cost of public purchasing, the program also provides more competitive pricing from contractors, detailed contract specification, the bidding process, a stable and consistent source of supply, accessibility, and financing options.
Terms and Conditions
The Florida Sheriffs Association Contract, like many state-specific contracts, contains specific terms and conditions that govern its unique application in Florida. Generally speaking, the contract will have important provisions such as:
Termination Clauses
Termination clauses are always an important way to limit your risk. In the case of the FSA Contract, there are clear procedures on what happens if a breach occurs. This clause can usually be exercised unilaterally by the sheriff with no specific damages having to be proved.
Payment Terms
As with most contracts, there is a specific payment provision in the FSA Contract. The parties agree to a specific schedule for payments and any potential price increases will be due with 30 days’ notice.
Performance Standards
The FSA contract is very specific about the minimum standards that must be used in order to ensure compliance with the terms of the contract. However, these can be valuable to include anyway so that there are no questions about which standards are being used.
Default and Remedies
While mostly covered under the termination clause, this part of the Florida Sheriffs Association Contract may contain additional helpful information. If you have specific remedies in mind if a party to the contract does not perform their duties, this is where it should be detailed.
Indemnification Terms
If an FSA Contract also involves a municipal entity, indemnification terms can be incredibly important. These terms can be used to ensure that if any liabilities occur, they will be handled with the appropriate funds from the city or county.
Effects of the Contract
The arrangement and agreements between the Florida Sheriffs Association and law enforcement agencies can significantly affect the way deputies carry out their duties. By securing insurance coverage through the Association, deputies are assured of legal representation should they face lawsuits alleging a violation of civil rights or law enforcement malpractice.
For instance, the Contract between Screven County Sheriff Mike Kile and the FSA sets forth the services to be provided and at what cost. Section 5.06 of the Contract provides that the "Association shall represent…(b) Officers and Employees in their private and official capacity with respect to any law enforcement malpractice or constitutional torts which arise from actions taken under color of state law." Please note that the Contract assumes that you were acting within the scope of your work and "under color of state law". This also means that the Association will not represent you if you are not acting within the scope of your employment.
The impact of the Contract from an operational point of view is clear. If, for example, a Deputy Sheriff feels that he or she has violated a statute, probably constituting criminal misconduct, that Sheriff would be required to cover the legal costs associated with the criminal matter. Whereas, the Association can choose whether to represent you depending upon whether the Association believes that you have violated a statute resulting in criminal misconduct as opposed to you making an innocent mistake acting within the scope of your employment.
In essence, the Florida Sheriffs Association Contract is a vehicle that allows each Sheriff’s office to receive coverage for their officers from the most serious of claims while contractors provide various services.
Legal and Regulatory Issues
The Florida Sheriffs Association encompasses each of the 67 elected sheriffs across the State of Florida. Each of the sheriffs are independently elected and are subject to the Florida Constitution, laws, and ordinances. The Florida Sheriffs Association is subject to the legal framework set forth by the legislature and executive office of the State of Florida. The goods and services provided under the Florida Sheriffs Association contract are subject to bid requirements set forth in Florida law.
On April 12, 2013, Florida Governor Rick Scott signed into law the "Florida Sheriffs Association Law Enforcement Mutual Aid Plan." The purpose of the "Florida Sheriffs Association Law Enforcement Mutual Aid Plan" is to authorize Florida Sheriffs to render assistance to other Florida Sheriffs , while providing a mechanism to reimburse Sheriffs for the costs of such assistance. The Florida Sheriffs Association Plan provides that any agreement to provide mutual aid under this section shall be in writing and shall not create a fiscal or contractual obligation for a Sheriff’s office beyond a one-year period or one budget cycle if the utilization or expenditure of state tax funds is required, unless supplemental appropriations are made or private funds or other sources supplement the costs.
The Florida Sheriffs Association Plan further provides:
(2) An agreement made pursuant to this section shall provide for termination for noncompliance with any of its terms, requirements, or conditions and may provide for termination for any other reason on a specified number of days’ notice before the end of the term of such agreement to all parties to the plan whose offices are signatory to the plan.
The Florida Sheriffs Association Plan also provides that any contract to provide such mutual aid and assistance shall be agreed to between and within the terms and conditions of s. 287.062, notwithstanding s. 287.057.
Examples and Case Studies
In 2014, Sheriff Grady Judd conducted public presentations on the subject of the Florida Sheriffs Association Contract and how it operated in his own office. These presentations generated numerous positive press coverage and were always well attended by citizens and local leaders. Sheriff Grady Judd is known for his tough stance on crime as the Sheriff from Polk County, but in these presentations he let the audience know that even in times of budget crisis, the contract has helped the people of Polk county.
In one police involved shooting, a Deputy had been serving a warrant when a subject began firing at him. He returned fire killing the subject. Sheriff Judd credited the FSA contract for allowing the Deputy to get the job done right: "We send those deputies out there and they’re well-trained in all other areas and served on the special operations unit," he said. "You just don’t slide into any of the sheriffs’ offices in the state of Florida and say I want to be on the S.W.A.T. team. You have to go through rigorous testing, training, and if you make that list, you can become part of the S.W.A.T. team." Judd said the victim was doing a terrific job and that the incident would not have been possible without that level of training.
Future Trends
As law enforcement agencies across the country continue to face greater scrutiny and accountability, the management of contracts for goods and services will likely take on increased importance. With a larger emphasis than ever on procurement policy and the management of contracts, the Florida Sheriffs Association contracts are likely to be restructured to ensure that contracting entities and subcontractors are fully compliant with any applicable state and federal laws and regulations . In particular, the employment practices and internal compliance programs of subcontractors will likely evolve so as to proactively address certain issues, such as equal employment opportunity laws, sexual harassment policies, drug and alcohol testing programs, and other matters identified in the policies of many large employers. Understanding the employment policies of subcontractors could prove to be one of the most important parts of becoming a qualified contractor for the Florida Sheriffs Association contracts.