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FY2009-2014 2nd Amendment 09/21/2011 DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 29, 2011 TO: Sheriff Robert P. Peryam Monroe County Sheriffs Office ATTN: Tamara Snider Grants Administrator FROM: Isabel C. DeSantis, D.C. At the September 21, 2011, Board of County Commissioner's meeting the Board approved the following: Item LI Amendment to the Municipal Police Service Contract with the Village of Islamorada, the Monroe County Sheriff's Office and the BOCC. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Attorney w/o document Finance File SECOND AMENDMENT TO CONTRACT FOR LOCAL POLICE SERVICES This Second Amendment to Contract for Local Police Service between Islamorada, Village of Islands, Monroe County Sheriffs Office, and Monroe County, is made and entered into as of 4 .'�- L 2011, by and between Islamorada, Village of Islands Florida, a municipal corporation of the State of Florida (the "Village "), Monroe County Sheriffs Office ( "MCSO "), a subdivision of the State of Florida, and Monroe County, a political subdivision of the State of Florida ( "County ") WITNESSETH WHEREAS, In October 2009 the Village entered into a five year Contract with Monroe County Sheriff s Office and Monroe County to provide Local Police Services (the "Contract "), a copy of the Contract is attached as Exhibit 1; and WHEREAS, pursuant to Section 21.1 of the Contract, compensation for Local Police Services for each fiscal year shall be set by amendment to the Contract; and WHEREAS, the Village desires to amend the Contract to set the compensation for Fiscal Year 2011 -12 (the "Second Amendment ") NOW THEREFORE, in consideration of the mutual covenants set forth in this Second Amendment, the parties agree as follows: Section 1 . Amendment to Agreement Section 18 of the Contract is amended to read as follows: 18. COMPENSATION 18.1 Islamorada agrees to pay the sum of $1 ,71 0,352 (One M Seven 14un , -ed T-e �� Th ousan d Tl -,&ee Htmdr Fift T D rs) $1,614,360 (One Million Six Hundred Fourteen Thousand Three Hundred Sixty Dollars) for services, equipment and supplies provided during the seeeml third year of this Contract (10/1/204-911 - 9/30/204412). This sum is referred to as the "Contract Price." 18.2 An analysis of the cost is provided on Exhibit " "A- 2011" attached hereto. Care has been taken to include in Exhibits "A- 2011" all personnel cost and every item of equipment and supply necessary to provide services called for in the Contract, including those provided under Section 5 herein. However, any cost item not listed on Exhibit " " "A- 2011" or provided at no cost pursuant to Section 5 of this Contract will be itemized and billed separately to Islamorada. 18.3 Islamorada shall include the total cost shown on Exhibit " " "A- 2011" in the Islamorada municipal budget for FY 204-011-204412 and make timely provision to secure the funds necessary to fund the contract. Islamorada will pay 2/12 of the total contract price to the Clerk of Court no later than October 26, 209911 and thereafter Islamorada will pay 1/12 of the total contract price on or before the first day of each succeeding month until the total contract price is paid. Notwithstanding the preceding sentence, Islamorada's monthly prorated payment shall be based upon the Contract Price in effect for each fiscal year of the term. Section 2. Third Year Payment Terms Exhibit "A' of the Contract is replaced in its entirety with replacement Exhibit "A- 2011" dated May 26, 2011, attached. All references to Exhibit "A" in the Contract shall from October 1, 2011 forward refer to the replacement Exhibit "A- 2011 ". Section 3 . No Further Modifications All other provisions of the Contract, other than as specifically addressed herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Second Amendment upon the terms and conditions above stated on the day and year first above written SIGNATURE PAGE FOLLOWS 2 VILLAGE: By: KEN PHILIPSC?N, VICE MAYOR Date: / -/ 3 "// Attest: By: Village Clerk Date: /r -/ 3 - -// Approved as to form and legal sufficiency for the Use and benefit of Islamorada, Village of Islands: By: Village Attorney Date: / © i 3 . // MONRO OUNTY S T 'S OFFICE: B y Robert P. Peryam, Sh ff Date: Monroe County Sheriffs Office Approved as to fob By: / / / 0//?/ // C' n ai Counsel 3 BOARD OF C UNTY COMMISSIONERS OF MONR RIDA L Mayor / Chairperson Date: 9 1 Attest: Danny L. Kolhage, Clerk of Court By: Deputy Clerk Date: 4 i /II MONROE COUNTY ATTORNEY APPROVED AS TO FORM By: � V 6 t• ?,-Z011 / P urity Attorney N !U is +'1 .J 0 CD rd 26 -May -11 Updated by AH 5.26 -11 (v14) BUDGET - ISLAMORADA 2 YEAR COMPARISON FOR FYE 2011 TO FYE 2012 EXHIBIT A -2011 OPERATING EXPENSES Expenses Other Then Salaries ADOPTED PROPOSED Professional Services COUNTY COSTS' BUDGET BUDGET DIFFERENCE - Health Insurances FYE 2011 FYE 2012 + OR ( -) Travel & Per Diem 16.0 18,0 Communftbons (Telephones) Headcount Transportation (Freight) 374 Total County Expenses T 973,334 960,835 (12,499) Regular Salaries 2100 21,600 Insurance Overtime 10,080 14,279 4,200 Incentive 76,884 76,249 (635) Employer Taxes 219,798 129,174 (90,624) Rstin"ant Contribution 850 Training Total Personal Services 1,301,695 1,202,138 (99,557) OPERATING EXPENSES Expenses Other Then Salaries 2,500 2, Professional Services COUNTY COSTS' _ Other Contractual Services (8'600) - Health Insurances Investigations 50,697 9,974 Travel & Per Diem 9 9,500 Communftbons (Telephones) - County Allocation - Transportation (Freight) 374 Total County Expenses T Utility Services _ Rentals 42,100 42,100 - Insurance 81,800 84,791 3,191 Repairs & Maintenance TOTAL BUDGET Printing 2,050 2,050 Oftke Supplies 10,685 10,885 - Operating Supplies 850 850 Training Total Operating Expenses 129 285 132,478 3,191 CAPITAL OUTLAY Other Building Improvements Automobiles/MachinerylEqulp. _88,969 88,989 Total Capital Outlay 86,969 86,969 TOTAL SHERIFFS BUDGET 1,517,949 1,421,583 (98,368) COUNTY COSTS' 151,680 142 (8'600) - Health Insurances 40,723 50,697 9,974 - Workers Compensation - County Allocation " 192,403 192,777 374 Total County Expenses T 'EaBrrratea 1,710, 1,814,W0 1' 1 TOTAL BUDGET Exhibit 1 FIRST AMENDMENT TO CONTRACT FOR LOCAL POLICE SERVICES This First Amendment to Contract for Local Police Service between Islamorada, Village of Islands, Monroe County Sheriffs Office, and Monroe County, is made aPA entered into as of 2010 by and between Islamorada, Village of Islands Florida, a municipal corporation of the State of Florida (the "Village "), Monroe County- Sheriff's Office ("MCSO "), a subdivision of the State of Florida, and Monroe County, a, y political subdivision of the State of Florida ( "County "). WITNESSETH WHEREAS, in October 2009 the Village entered into a five year Contract with Monroe County Sheriffs Office and Monroe County to provide Local Police Services (the "Contract "), a copy of the Contract is attached as Exhibit "I"; and WHEREAS, pursuant to Section 21.1 of the Contract, compensation for Local Police Services for each fiscal year shall be set by amendment to the Contract; and WHEREAS, the Village desires to amend the Contract to set the compensation for Fiscal Year 2010 -11 (the "First Amendment ") NOW THEREFORE, in consideration of the mutual covenants set forth in this First Amendment, the parties agree as follows: Section 1. Amendment to Aereement. Section 18 of the Contract is amended to read as follows: I 18. COMPENSATION 18.1 Islamorada agrees to pay the sum of $1,559,581 $1,710.352 (One Million One Million Seven Hundred and Ten Thousand and Three Hundred Fifty Two Do llars) for services, equipment and supplies provided during the fPA second year of this Contract (10/1/2004 10 - 9/30/204-0 1 1 . This sum is referred to as the "Contract Price." N 1 Additions to existing text are shown by underline deletions are shown by stAkeea 18.2 An analysis of the cost is provided on Exhibit "A" attached hereto. Care has been taken to include in Exhibit "A" all personnel cost and every item of equipment and supply necessary to provide services called for in this Contra t, including those provided under Section 5 herein. However, any cost item not listed n Exhibit "A" or provided at no cost pursuant to Section 5 of this Contract will be itemized and billed separately to Islamorada. 18.3 Islamorada shall include the total cost shown on Exhibit "A" in the Islamorada municipal budget for FY 2009 -2010 and make timely provision to secure the funds necessary to fund the Contract. Islamorada will pay 2/12 of the total contract price to the Clerk of Court no later than October 26, 2009 and thereafter Islamorada will pay 1/12 of the total contract price on or before the first day of each succeeding month until the total contract price is paid. Notwithstanding the preceding sentence. Islamorada's monthly rorated payment shall be based upgn the Contract Price in effect for each fiscal Year of the term. Secti on 2. Second Year Payment Terms. Exhibit "A" of the Contract is replaced in its entirety with replacement Exhibit "A" dated September 14, 2010, attached. All references to Exhibit "A" in the Contract shall from October 1, 2010 forward refer to the replacement Exhibit "A ". Section 3. No Further Modifications. All other provisions of the Contract, other than as specifically addressed herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated on the day and year first above written. 2 VILL :chael : By: Reckwerdt, Mayor Date r 2-711 o Attest: By: Village Cle c Date: q C - q L I O Approved as to form and legal sufficiency for the use and benefit of Islamorada, Village of Islands: Village Attorney Date: f ;2 MONROE COUNTY SHERIFF'S OFFICE: By: 0' Robert P. Peryam, Sheriff Date: 0r-' /o Monroe County Sherriff's Office Approved as to form COUNTY /gTOPNEY & D AS M: ERCADO ISTANT C NTY ATTORNEY ! BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:—' 11111:t .......... Mayor/QhgjXpqson [SEAL] Clerk 6f Court MONROE COUNTY ATTORNEY APPROVED AS TO FORM 0 2010 By: rti h U WNWA\First Amendment to Village's p S erv i ces Contract -9-16-200. DOC 4 Date: Exhibit A 14 -W -10 Ei H";loount Repuler Sdacies Overtime Inmtve Empbyw Tsxm Total Pec w Ssrvlces OeKB&M Other Tha Sa= rks Prof ssional Servk M OdW Cocdraclual Ssrvloss inves89900" Travel & Per Diem commwximwm (Talsphaw) Tmrrporta w (FMVM) usky services R WftW Insurance Repairs 314hin mnoe P*09 Ohba Suppilas Op S*V Supplies Training Told Opsraling ExPens" Other 9uldNq Irnpmmnw" Told C p tal Outlay 2e. TOTAL SH91 "s BUDGET COUNTY COSTS:* - HooM Insurmas - Wsckers CGMPWWIU ^ . Cp M AllwAtlon Tow County Expenses Vollosted TOTAL BUDGET pmWm d by AnW FNaVMM, CPA - MA SI32110 (v12) SUDGET - IMAWRADA 2 YEAR COMPARISM FOR ra 2010 TO In 2011 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FYE 2M O FYE 2011 + OR 18.0 18.0 ' 92x,718 873,334 44,615 20,799 21 AM 831. gAw 10,080 480 73,370 761884 3,513 16203 214,7% 36 1,215,451 1,301,695 86' 2,500 2,500 9,500 9.500 - 32,774 42,100 9,326 16,000 81,600 45,600 2 2,050 - 10,665 10,666 - 650 830 - 74.339 120,285 54.926 66.969 86,969 86,969 8609 1,378,779 1,517,949 141,170 142AN 151,680 9600 40,723 40,723 182 .803 182,403 1 � � 1�0,�� 17 150 Attachment B Contract for Load Police Services Monroe County Shej£f's 0ffke and yl Village of Islands FY 2009 -2914 1. �1Lia� 1.1 This is an agreement between islatnorada, Village of Islands C`the "Villager Of oIslanwrnda ") a Florida municipality, the Monroe County Sheriffs Office C`MCSO'), a subdivision of the State of Florida, and Monroe County, a political of Florida C`County ,). The patties have herein agreed that subdivision of the State the Village will purchase. and MCSO will provide, local law enforcement services to Islaawrada in addition to the regional police services re provided to the sidents of the unincorporated areas of Monroe County. The County as fiscal auftrity shalt provide the appropriate budget allocation for the MCSO and eve payments from the Village. This Contract states the terms of the agreement between the patties. 2. p�rNes/Nodce 2.1 The parties to this Contract are the Village, the County, and MCSO. Any and all communications required to be provided shall be directed to the parties as follows: Islamorsde, Village of Islands V IIage Manager, Ken Fields 81990 Overseas Highway P.O. Box 568 Islsmorads, Florida 33036 Telephoto: (305) 664.6400 Facsimile: (305) 664 -6464 Monroe County Sheriff s Office Sheriff Robert P. Peryam 5525 Coilogo Road Key West, Florida 33040 Telephone (305) 292 -7001 Facsimile: (305) 292 -7070 Monroe County County Administrator Roman Gestesi 1100 Simonton Street Key West, Florida 33040 (305) 292 -4441 (305) 292 -4544 3. 4. _TSa� I The term of this Contact begins October 1, 2009 and ends September 30, 2014. 3.1 TenWAado ana R :m� 4.1 In the event that either party breaches a material farm or st fro�m the non, of to b uPOa receipt of a written request ContrIack the g PAY, shall remedy the breach within 30 days of receipt Of the request. If the breach is not cured within the specified time period, the nonbreachlnB party may utilize the remedies of declaratory judgment, specific Performance, mandamus or injunctive relief to compel the breaching PartY to remedy the breach. y written notice of at 4.2 Either party may terminate this Contract at any time b giving th ev ot that this least one (1) year prior to the effective date of t eraainati� r�tiain agrad Contract is wraiinated for convenience, compensation extend into a new upon amount provided herein. Sbould the termination peri fiscal year, the terms of compensation shall be made in accordance with Section 21.1. 4.3 The parties reserve all available remedies aPfOrded by !aw to ouforce any term of condition of this Contract. The parties shall submit to the disput procedures of CWW 164, Florida Statutes prior to the filing f an e8 al pmcceding. j of Pu 'hued Ste MCSO shall provide professional police road patrol services throughout (the "services ) Village. Services shall be Provided by a contingent (the Islamorada District) consisting of: 5.1 One (1) Captain who serves as Village PAlice Chief; One (1) Lieutenant; Four (4) sergea#s; Ten (10) contract deputies, who shall serve as road patrol officers, marine officers and gesaeral case detectives; and Addition&ayy, MCSO slash provide, at no cost to the Village, two (2) regiOWlY funded road parol deputies with regional responsibilWes. 5.2 Road patrol services shall be provided 24 -hours per day on every day of the term of the Contract_ The Islaniorada District Captain, in close cooperation with the Village Manager (the "Manager, ") shall plan schedules for the 'Islamorada District. The Captain will provide the Manager with the planned schedule and monthly reports containing the =eS, hours worked by every member of the Isiamorade District as wel g� c act breakdown of incidents and activity occurring in Islam during the re ortin period.. p lan for this Contract is designed to utilize the proper number of 5.3 The staffing p coverage considering planned and unplanned absences officers to maintain shift and fanul medical leave. The staffiing due to injury, illness, vacation, �trai'nMing Manager in with the Is schedule shall be deterrriin by District Captain, The Captain shall make all reasonable effmts to ti training, sick leave, annual leave and administrative leave, to provide o P a►urn services to 131morada. If, despite these efforts, a shift remains unfilled of falls below minimal staffing levels, the Captain shall notify the Manager. The Manager may choose to fill any staffing shortage by either of the following methods. a Request that an officer from inside the Islamorada District be assigned to work on an overtime basis. In this case, the village shall pay the actual cost of the officer's tour of duty. . b. Request that an officer from outside the Islamorada District be hired to work on a special detail. In this case, the Village shall pay the prevailing special detail rate under the same terms and conditions as special details are offered to the public. 5.4 Canine Unit. At anytime during this Contt�act, the Village tnay oleo to have canine unit in order to enhance the services provided herein. To this end, the Manage; through the District Captain, may authorize the use of a canine unit, with the actual costs to be bomc by the Village and the Village shall reimburse MCSO should the canine unit costs exceed the budgeted amounts specified in this Contract. 6. Oyerthne /Off Duty Detaik 6.I In addition, the• parties recognize that a law enforcement &K=y requires flexibility in order to meet its obligations to the public. The village hosts several special events each year for which supplemental law enforcement Personnel are needed, as wall as any other instances when the Village may with to enhance services to address a particular issue or to provide adequate p9ml staffing levels. To this end, the Manager, through the District Captain, may authorize the use of paid overtime hours based on actual personnel costs to provide for this enhancement of service. The cost of these overtime hours will be borne by the Village and the Village shall reimburse MCSO should the overtime hours exceed the normally budgeted overtime figure specified in this Contract �,2 Noosing in this Contract shall require MCSO to take any action contrary to any to which agreement MCSO is a party, to the collective collective bargaining 13�m e, or federal, state, or local employment �� rights of any MCSO employe or civil rights law- ee shall attend the Managers weekly staff meetings and 6,3 The Captain or his sesng ha M ana ger shalt reasonably request, e.g. those of the such other meeting Village Council. 7. 7.1 MCSO shall provide such professional policy services which shall encompass all those duties and functions of the type coming within the jurisdiction o£ and customarily rendered by municipal police departmetats and the Office of the Sheriff of Monroe County, in accordance with the Charter of Islamorada, Village of Islands and with Florida Statutes. MCSO shall al provide the same services to the Villa diti Village at no additional Charge or es� County -wide lases they are provided to all residents of Monroe County pay for these services: L Aviation / Air w=na transport b. Mobile Command Post c. gaillffs and other court personnel d. Bomb squad C . Civil process services f. Crime scene investigative / processing services g. Crime Analyst services h. Dive team services i. Finance services j. Hostage negotiation services k. Human resources services 1. information teamloSY in. Intemah investigations a juvenile offender diversion services ve services, including homicide, arson, o. wor crimes detectives and sexual crimes, child abuse and neglect, narcotics and coordination of regional, statewide and national investigations and all other investigations as outlined in MCSO policy. P. Nei&Wfhood sad business Crime Watch services q. Pollee canine services (if available) r. Police dispatch, including 911 services S. Police legal advisor t. Prisoner detention and transport op u. prerty and evidence p ro cessin g and storage v. Public Information Officer services S. w. Records and data entry functions for a ll MCSO records, including traffic tickets Officers and DARE i0tructors X . Sckool Resource y. SWAT team services Z_ Traffic enforcement unit services a& Training bb. Field Force Unit Ass ers n s do of t ads. the desire of the Village that the Ialanaorada District be 8.1 MCSO recognizes com p o sed of otTiccrs wlio are well acquainted with the Village ��� � and with whom the residents can tho obligation off MCSO to treat all of$cecs relationships. The Village recognizes fly concerning request for transfer and. career advanecment, end to m Main order and discipline. MCSO shall en to establish and maintain contingent of officers in the Islamorada District. 8.2 The Village Manager shall play an integral part in the selection of officers for assignment to and promotion within the Islamorada District. The Manager shall rtunity to review perso�aael records, training records a be afforded the oppo and t to the discigliaery records of those officers assigned to or requesting assigmm Islamorads District and shall be a member of thaw selection and promotional boards. 8.3 in addition MCSO shall make every effort to keep budgeted Contract positions in the Islamorada District staffed and, when a vacancy does occur, will seeY to fill that vacancy as expeditiously as possible in compliance with MCSO's guidelines, ocedures and practices, as well as complying hiring and promotional policy, pr licable to said positions, p rovided With any collective bargaining agreements app that such vacancy shall be filled within 60 days. of D ix RDA LkWORM& 9.1 Should the need arise for the selection of a District Captain or Lieutenant, the Selection procedure is as f er and MCSO shall jointly evaluate all pmHminaty candidates a. The village Manes Lieutenant. In keeping with the terms for consideration for District Captain and outlined in Section 8.1 herein, the Village Manager shall have d w opportuaitY to participate in the process whereby MCSO deterrninos the list of qualified applicants from which the Village Manager shall make his selection for District Captain and Lieutenant. " b. MCSO shall present to the Manager a list of at least three and no more than five qualified applicants who, in accordance with MCSO policy, an qualified and lie in the desired capacity. The names of these officers, have wed to serv ith their perso nnel files, training records, and disciplinary records will be provided to the Manager for review, The personnel files of any MCSO officer shall be made available upon request for review by the Manager. interview each candidate, separately or together. Each C The Manager may candidate must be given comparable oppo ctunitics for interviews and motions. d. MCSO shall appoint the - candidate selected by the Manager to fitl the vacancy in compliance with MCSO promotional Poli 10. 11. 12. O e a high standard of conduct and MCSO is committed to maintaining officers shall be promptly pro{,easiohaIism for its officers• MCSO. BBlect officials saes employees of and thoroughly investigated by Islamorada shall not undertake investigations of any MCSO personnel. Any complaint against an officer in the: Islamorade District must be directed to the Captain• The Captain shall inform the Manager of the nature of the comply M advise the Manager of action taken and provide a_ written report of the investigation and resolution of the matter upon completion. if the complaint concerns the Captain, t h e Manager may take the matter dh=dy to the Undersheriff. 10.1 11.1 The Village understands, acknowledges and agrees that MCSO must, at all times, have and maintain the sole responsibility for, and control of all services hereunder, including without limitation, the establishment of standards of performance and conduct, Kirin& promotion, discipline and termination, labor relations, as well as all other matters necessary or incidental to the performance of such services. 11.2 Consistent with the Isdamorada Charter, no elected official or employee of Ielamorada may direct the actions of any officers of the IslameaAai District. Direotion fzom islamorada to members of the Islamoreda District shell be given by and through the Manager to and through the District Captain in accordance with rho terms of the Contract• 12.1 MCSO shall work together with Idam to direct police services to meet the the expressed needs Of too learn residents ommunity concerns and shall shall meet work closely th Manager freq 13. 14. the Manager to devise plena and_ methods best suited to respond tthos a oncems. The Captain shall be a member of the Manager's Senior Management personne employed by MCSO to perform• services under I3.1 All officers � other employment this Contract are and shad remain in the sole of MCSO and no such for the purpose of any person shall be considered in the employ of Islamorsda i pension, insurance, civil 9ervcc, workers' compensation Pay will o ot have MCSO officers are not agents or employees .of lslamarada, authority to enter into agreements or make policy on beW of Islarnorads. Accordingly, the Village shall not be called upon to assume l or direct payment of any salaries, wages, contribution to pats premiums compars.ation benefits under Chapter 440, or paymcats, workers Florida Statute, or any other am �� ties p Monroe ursuant to this personnel per forming services, Contract. E fore i Islamorada does hereby vest in eacb sworn offices of MCSO who, from time to time, may be assigned to the Islamocads District of MCSO, to the extent allowed b law, the p olice p of Islamorada which are necesmoy to impletnent and forth the services, i duties and respon,ibilities imposed upon MCSO carry hereby, for the sole and limited Purpose of giving official and lawful statues and validity to the performaaae thereof by such sworn officers. Each sworn officer of MCSO so empowered hereby and engaged in the Pexfotrnanee of the services; duties and raponsibiliaes described and contemplated services, sh ,+ dbe dww to be a responsibilities officer of Islamorada while perforrninB a of this Contract• which constitute municipal functions and are within the soop Accordingly, such swom of MCSO an hereby vetted with the power to enforce the ordinances of Islamorada, to mak eat i o� a o as a nec such thereof and to do such other things and Perform with respect thereto: The Village agrees to Provide MCSO six (6) copies and every member of the Islamorsda District one (1) copy of such ordinances as enacted by Islla M Further, Islamorada agrees to provide the Captain, the Underskeri a rreneral Counsel the text of proposed ordinances in time suf5aicnt for review and discussion with the Manager. MCSO will provide the Manager advice from a practical law enforcement perspective concerning any proposed criminal ordinance and whether MCSO can enforce the ordinance prior to the Village's adoption of the draft regulations. 14.1 14.2 15. 1 6, 17. 18. Cis A t t5 . es shall provide each other with complete and prompt notc$ cation of any 15.1 The Patti legal claim, notice of suit, or lawsuit that involVO3 hereunder, and shall coopera in the mutual defense of any such claim minces U 's V and MCSO shall ensure that every member of the islamorada District is provided with a fully equipped marked patrol vehicle, as well as uniforms. perecm al am*cd to Islemorada shall be provided untforms consistent with those uniforms issued to other MCSO uniform pemnnel including specialty uniforms for marine and bicycle patrol with the following exception. In lieu of the standard MCSO deputy rada District will wear a patch on the left patch, officers assigned to the Islamo Village of Islands Official Village Seal. shoulder depicting the Islamorada, ag 16.1 t . 17.1 MCSO shall keep records with respect to the expenditura of finds paid by the Village and the services provided to the Village under this Contract All of these records shall be retained by MCSO for a minimum of five (5) years from the date of termination or expiration of this Contract. MCSO shall maintain accounting on expenditures under this records Contract in aceordame with generally accepted atxoua� standards, generally aoccepted governraeat acxounting standards, MCSO policies and prod, state rCtention schedules and other applicable standards• 17.2 The Village Manager, or his or her designee, may Inspect and audit the records upon reasonable notice to MCSO. Reasonable notice should Include a written request no less than seven working days prior to the k4ended site visit and the identification of the spedf le records to be inspected. 173 MCSO shall pro vide access to the Village Manager or his, or her, desipee to the records during regular busimm hours. MCSO agrees to provide the sssittsace, as may be necessary, to facilitate the inspection or audit by the Village to ensure compliance with applicable wco= ting and financial standards. 18.1 Islamorada agrees to Pay the sum of 51,559,581(one Million Five Hundred Fifty - Nine Th �Fi d Hundred � �� Dollars) f Service � supplies Pmvs du ring This sum is referred to as -the "Contract Price." 18.2 An analysis of the cost is provided on Exhibit "A" attached hereto. Care has been taken to include in Exhibit "A" all personnel cost and every item of equipment and supply, accessary to provide services called for in this Contract, including those provided under Section 5 herein. However, any cost item not listed on exhibit 6 W) or provided at no cost pursuant to Section 5 of this Contract will be itemized and billed separately to Islamorada- lude the total cost r a d tat timely provision o i slamorada 18.3 Islarnorada shall inc secure the municipal budget for FY 2009 -201 wi 2112 of the total funds necessary to fluid the ConttaFt. Islamorsda Pay contract price to the Cleric of CC con act p on or lxforeth o and thereaRe f Islamorada will pay 1/12 of th each succeeding month until the total contract price is paid. 18.4 MCSO will provide a fully marked and properly equipped police vehicle for each member of the Islamorada District. Islamorsda will pay all monthly vehicle lease and will pay for any fuel, maintenance and other operating costs actually tn by the County on the Village's behalf, as outlined in this Contract. 18.5 Vehicles currently assigned to the Village by the Sheriffs Office shall be amortized over a five - year replacement cycle. At the end of each replacement cycle, the Village shad! have the option, in its soli discretion, to take title to the vehicles. 18.6 The Village shall have the right to participate in MCSO periodic vehicle fleet review in connection with any vehicles to be acquired or replaced for use within the Islamorada District, in order to select the type of vehicles to be used, including the use of patrol cruisers, SWs, hybrids, etc., in accordance with MCSO vehicle specifications. t 18.7 At the sole discretion of the Villa he Village may elect to purchase vehicles as they may ehaage from time - to- dis+esctly using MCSO vehicles sp e ci ficatio n s, the vehicles, the Village will notify tune. If the Village so elects to p=6= MCSO in order for MCSO and the Village to coordinate the � n of the existing vehicles with the Village for the following Sscal y elects to directly piuu'chase these vehicles, the title for these vehicles purchased by the Village will be subseyucntty n Mferred to MCSO for the sum of one dollar on of the Centered. The Village will pay for any No% for each and for the durati costa actually incurred by the County on the maintar�atLCe and other operating on or tettYlinatl0n Of Village's behalf, as outlined in this Contract. After ex O to transfer the Contract, and if then is no f with Village back to Village for title co all vehicles originally pur w vim the Village with copies of all current the surn of one dollar for each and pro maintenance records. The sale of these vehicles back to the Village will be phased in during the transition period as provided in Article 25. MCSO will con6= to own, operate and maintain possession of any of these vehicles during the transition period when necessary to supply patrol officers with vehicles in order to maintain services pint to this Contract. in the event that a titled v ehicle to Mhat0 is originally purchased with Village funds And subsequently criteria or "totale o according rding such vehicle will dged beyond repair Seer that is similar in germs of make, be replaced with a vehicle from the existing these vehicles that was model, age, mileage, and condition. Furttrcamorc, h&sed with Village funds wad subsequently titled to MCSO will be originally 1� retired according to MCSO policies. The Village will be respon for replacing of these vehicles as they are retired- MCSO will notify the Village of the bnu the vehicles anticipated for retirement Rdired vehicles wilt be t Village for the sum of one dollar for each vehicle. 19. ,. _ n ehad & Q • j p Ealamorada monthly finaucisl reports inehtding ADP payroll reports detailing 19.1 CSO shall p All cost incurred by MCSO to provide services under this re Contract. 19.2 If incurred costs equal ninety-five per cent (950/'1) of the total cost recited in this Contract, then: a. MCSO may stop providing anY of the services in order not to excced the contract price or Islamorada ma issue w written commitment to MCSO to pay for continution of services as agreed to by W morada and MCSO. 20. yn_ - End 2fign dl_III1[QII. 20.1 At the end of each MCSO extemal w&tors will re etermine the final payments made by Islamo Islamorada will reimburse balamx. If incurred costs exceed total meats, incurred co" MCSO shall MCSO far the excess cost. It total paym nt amount. This reconciliation shall reimburse Istamorada for the excess pa o of the annual budget. include both MC50 and County cost portions 21. Futur• Vpfr Prialm and MCSO shall negotiate payment for the second, third fourt and 21.1 isiamarada on of fifth years of the Tcna of this Contract rear � the aManaga �sE1 preper+e a budgets and tax rolls. When agi memorandum stating the new terms and acimowledging !' be sufficient of them. An ameaidment of this Contract signed by parties to amend the fmaaoial terms of this Contract, subject to all required approvals by the governing bodies of the parties to this Contract. 21.2 If the parties are unable to agree on paymmtta f future years on a timely basis, this Contract will terminate on September 30 of the current Contract year by written notice. to 22. Trot a d iturm 22.1 The parties acknowledge the Village's entitlement to fines and forfeitures , as amcndod from time to pursuant to Section 318.2 1, Florida Statutes (1008) time. . 2 F 3 . ! .s.r e r. bsad orfeiture Ai P — eePa. . — The Parties shall determine an equitable sleaze for the Village of proceeds of any forfeiture pursuant to the Florid�Co the I�latnorada District. This share shall be participation of officers assign based upon the rat law that the Islamorada District's � c in a tho criminal case, participation of all law enforcement agencies p p sited b MCSO into the seizure and subsequent forfeiture, This share shall be d epo y Sheriff's Law Enforcement Trust for the am of such fund consistent the Islamorada may apply to the W submit such limitations of the Contraband go�d County Cornm� aexs for appropriation, request to the Monroe County u and upon appropriation, will use the funds for the intended p ur p ose- 23.2 The parties agree that the decision to use or dispose of personal or real property, S0. If or currency, seized within lslarno shall be in the off I9lamorada MC a sell MOO etects to use seized personal property outside seized real estate within ��uut t Fslamorsda's equitable share o market value of the property Enforcement Trust Fungi lions, mortgages, encumbrances and cost to MCSO for the seizure and forfeiture. Ind cases the allocated share shall be earmarked for use by MCSO within Islamo 23.3 MCSO will make every possible good faith effort to provide the Vilwithin periodic reports detailing all pending forfeiture or seizure cases t h e Village, the status of such cases, and all real or personal property, and currency or fu>ida forfeited or seized- 24. Indam 24.1 To the extent permitted by law, and as limited by Section 768.28, Florida Statutes, the Village shall defend, indemnify and hold harmless the County, MCSO and its officers, employees, or agents from any sari all liability, losses or damages its including attorneys` fees and costs of defense, which the County, officers, employees, or agents may incur as a result of any claim, demand, fit' or or of any kind or nature arising out of, relating cause of action or proceeding � of this Contract by the Village, its resulting from the negligent Performan Promptly the Village of each employees, officers and agents. MCSO shall p ptly claim, cooperate with the Village in the defense and resolution of each claim, and not settle or otherwise dispose of the claim without the Village's participation. W law and as limited by section 768.28, Florida Statutes, M 24.2' the extent permitted and hold harmless the Village and its officers, MCSO shall defend, inddee mnify "d ,U li lose, or damages• inncluding employees, or agents from any attorneys' fees and costs of defense, whioh the Village or its officers, employees, riciu as a result of any claim, demand, suit, or cause of action or l or agents may ' out oli relating to, or resulting from the proceeding of any kind or nature an-dug MCSO, its employees. officers, and negligent performance of this Contract by a with agents. The Village shall promptly notify MCSO of cash claim, caoperat Mao in the defetise and resolution of each claim, and not settle or otherwise dispose of the claim without MCSO's.participation 24.3 The indemnification provisions of this Contract shall survive termination of this Contract for any claims that may be filed after the termination date of the Contract provided the claims are based upon actions that occurred during the performance of this Contract. 25. tioa or expiration of this Contract, MCSO and the 25.1 [n the event of the te:rnina faith is order to effectuate a smooth a�ad Village shall cooperato in good harmonious transition and to maintain during the transition period, the same high quality of police protection prescribed by this Contract for the residents, businesses and visitors of the Village- 25.2 Upon the termination or expiration of this Contract, the transition period shall be no leas than 12 months. 25.3 Upon completion of the transition period and in the further event that the Village is unable to provide the same level of local police protection tluough its own Contract Police force at the time of the termination or exp in day "I be extended upon the written request increments or until the Village is capable of re ulering the police service- 25.4 The compensation to be Maid to MCSO during the phase -out period shall be a pro rated at the time of tenon or expiration, and shall be in an amount agreed to by the pasties. 26. 5 26.1 The Village shall provide station facilities for the lsWwmda District to operate. Currently, the Lgamorads District Operates a0tl0` a location at 87000 Overseas Highway, W maw, Florida. The Village is in the process of constructing a new Administration Center and Public Safety Headquarters, =4 upon completion, the Village will provide station facilities within the new Administration Center and Public Safety Headquarters, gay consisting of office space for command sta$ work -arca for patrol offioers, and meeting and training sP�• shoes on Exhibit ` °B" attached hereto. MCSO shall pay the Village $25,000.00 towards the 12 27. 28. 29. and equipment for the proposed station facilities within the costs of fiuYtishusgs Headquarters, as previously Village's Administration Center and Public Safety agreed to by MCSO, by the earlier to occur of December 31, 20x9 or vccupancY of the proposed station facilities by the Islamorada District. The village shall provide a qualified civilian administrative assistant employed by lslamorada to assist the District Captain. When not engaged in performing the work of the Islarnorada District, the administrative assistant shall perform other duties as directed by and for Islamorada. MCSO personnel will be responsible for the entry of traffic ticket data o 27.1 All law enforcement educat funds levied t end o e n 943.25 od& o Court and earmarked for Isl=Orada Purs shall be asslgried to and / or specifically allocated to the Islamorada District and used by the islamorada District for law enforcement education and training purposes authorized by statute. 28.1 their obligation to provide emergency agsistancc to other The parties recognize the Cities of Key West, Marathon, jurisdictions (including without limitations Key Colony Beach, Layton, the Ocean Reef Public Safety District, unincx>rpomtcd Monroe County and any municipalities incorporated in Monroe County after the effective date of this contract) pursuant to the Florida Mutual Aid Act and in the event of a catastrophe. MCSO may direct Islamomda District o ffi ce rs to render aid in either case in. a manner consistent with the deployment by MCSO of other MCSO officers without fmancisl set -off or deduction by the Village, provided that such deployment does not exceed 24 hours. Should MCSO's deployment of Islamorada District officers to other jurisdictions exceed 24 hours, the Village shall be given a credit for such offl� '�� Pam to costs. Should MCSO bring in officers from other j emergency or catastrophe assistance to the Village, and such deployment exceeds 24 hours, then MCSO shall invoice the village for such officers' actual Personnel costs. The Manager shall be given all possible notice of such a deployment and written reports of the actions of officers so deployed. N %1NO811116. The parties agree that the headings given the paragraphs and other subdivisions of this Contract are for ease of reference only and are not disPositive in the interpretation of Contract language. 29.1 13 :e inst DTI has been f ly negotiated by both parties, Rod 30.1 The parties age that this Contract validi or =no of that in any disputc over the meaning, in"' et o � id i l be no praaumption this Contract or any of its terms or provisions, this Cantr'act or var against either party by virtue of their having drafed any portion thereto- 31. ire Agreement of the parties and suparceda any prior 31.1 This writing contains the ent entations were made or relied upon by oral or written np�entations. No repres set foithhereia. either party, other than. those that are exp y 31.2 No agent, empl or other representative of either petty is cMW to modify or amend the terms of this Agreerneut, unless executed with the same formality as this docomenL 31.3 This Contract may be modified at anytime during the term of mutual written consent of both parties. IN y4+1 rMS WHEREOF, the patties have executed this Contract as of the dates indicated below. (SIGNATURE PAGES TO FOLLOW] 14 [SEAL] MONROE COUNTY r.�'S OFFICE , r _ sue.•, ''' By heriff Robert P. PeiM - Date Executed: 2009 MONROE COUNTY SHERIFF'S OFFICE APPROVED AS TO FORM BT COl]rl8eL MONROE COUNTY SHERIFFS OFFICE TO FOAM: /..MARK L WILLIS GENERAL COUNSEL DAH'. 4i?_9=12th. 1 5 ISLAMORADA, VILLAGE OF ISLANDS, a Florida Municipal Corporation By pate Fxecuted: 2009 By: V erk [SEAL] APPROVED AS TO FORM AND LEGALI'T`Y FOR THE USE AND BENEM OF ISLAMORADA VILLAGE OF ISLANDS 1 I Vium- AttorM 16 ATTEST: BOARD OF COUNTY COMMISIONLRS OF MONROE COUNTY, FLORIDA By. Mayor /Ct�irpetson Date Executed: OCT 2 1 2009 : L.KOLHAGE, .._�tt�at: DANNY CLERK OF COURT B�. Clerk (SEAL] MONROE COUNTY ATTORNEY AppR.OVED AS TO FORM . j B '44 Ao i s +�' �a tY AttornCy 10 P:WWo36206"M C"W'dtC°eaa 6* Lao for l Mx_ads r_ 200920 f 4 " v4947-09 MMALdw 17 Exhibit A 10•Jur MONROE COUNTY SHERIFFS OFFICE — V25 BUDGET.ISLAMORADA 2 YEAR COMPARISON FOR FYE 20% TO FrE 2010 9 ADOPTED PROPOSED BUDGET gUpQR E?I R FY 2009 FY 2010 + 0 R -1 -I ( ( PERBON ALA UMM 16. 18.0 Koodoouat 950.870 928.718 (21.951) R"War 3slades 20.160 20 (01 Overtone 9,60.0 9.800 Inds p 73,049 73:370 &,010yar Taxes 188.198 182.983 15,2041 Rstlrr M4Contribution 1,244.208 (.213.151 (20.(361 TOW Personal services e $alb 2s00 2s00 � COW Com $*moss - Tr9v4A Pet Diem 9,500 Coerrlw►1r.�Ibns (Teispllonasl ' Trsn�pot►Nlon (FniOht) _ - UWBy slrwioss R enbIS 52,774 32.774 - Insuranoa 16006 18,000 Repairs 6 Msintaasnos Pk** 2.056 2.050 ' ONta supp8es 10.883 10.888 OperaBccp.9uppiiss 830 bS' p - Tt*Wrq - 71,359 _�- Totsi 000rak4f0 F.xQsnses c ore L Q T Y 5t11er Euk" ovrovec'enb 88,E MAN - . AulorrcebkWMathW*g 88.989 86.9 - Total CSP9111 OuWY corrrtsfotNCY - 1.403,614 1.376.7'70 ?b. TOTAL SMERIFf 6 AUDGET COUNTY COSTS O 1SO.dW 142AM (8.700) Hewm baufs "s 37.339 40,M 3 . wwws CwOmssom - - Coungr AM0811 n _ Totai County Weness - •Essbr�ataa 1.593.612 TOTAL BUDGET ' — 9 E3ciMIT "B" ml� stow wommor *AM ■+n Pa fl rsvi 09/®11 19 RESOLUTION NO. 10 -09 -67 A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE CONTRACT FOR LOCAL POLICE SERVICES BETWEEN THE MONROE COUNTY SHERIFF'S OFFICE, MONROE COUNTY AND ISLAMORADA, VILLAGE OF ISLANDS FOR FISCAL YEAR 2010 -2011; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE FIRST AMENDMENT; AUTHORIZING THE VILLAGE MANAGER TO EXPEND BUDGETED FUNDS; AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Village Council approved a contract (the "Contract ") between Islamorada, Village of Islands, Florida (the "Village "), the Monroe County Sheriff's Office, and Monroe County for local police services under Resolution 09- 09 -85; and WHEREAS, the Contract requires that the Village and the Monroe County Sheriff s Office negotiate payment for the second year of the term of the Contract and amend the Contract to reflect the new Contract price. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, AS FOLLOWS: Secs Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2 . First to Contract The First Amendment to the Contract for Local Police Services between the Monroe County Sheriffs Office, Monroe County and the Village for Fiscal Years 2009 -2014 (the "Contract "), a copy of which is attached as Exhibit 1, together with such non- material changes as may be acceptable to the Village Manager and Y approved as to form and legality by the Village Attorney, is approved RTIFIED COPY If 981S Y i. Elt #' 4 o4TI. V II I AGE bum Section 3. Authorization of Village officials The Village Manager and/or his designee and the Village Attorney are authorized to take all actions necessary to implement the terms and conditions of the First Amendment. Section 4 Authorization of Fund Expenditure Notwithstanding the limitations imposed upon the Village Manager pursuant to the Village's Purchasing Procedures Ordinance, the Village Manager is authorized to expend budgeted funds to implement the terms and conditions of the First Amendment. Section 5 . Execution of Agreement The Mayor is authorized to execute the First Amendment on behalf of the Village, and to execute any required agreements and/or documents to implement the terms and conditions of the First Amendment, subject to the approval as to form and legality by the Village Attorney. Section 6 . Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 23rd day of September, 2010. M CHAEL RE WERDT, MAYOR ATTEST: BEVERL DDATZ, VII, AGE CLERK APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF ISLAMORADA, VILLAGE OF ISLANDS: VILLAGE ATTORNEY Weiss, Scrota, Heltman, Pastoriza, Cole & Boniske, P.L. 2 Motion to adopt by Vice Mayor Achenberg; seconded by Councilman Philipson. FINAL VOTE AT ADOPTION Mayor Michael Reckwerdt YES Vice Mayor Don Achenberg YES Councilman Bob Johnson NO Councilman Ken Philipson YES Councilman Dave Purdo YES