Item L1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Se tember 21 2011
Division: Monroe County Sheriffs Office
Bulk Item: Yes X No _ Department: Legal
Staff Contact Person/Phone #: Attorney Patrick McCullah / 292-7020
AGENDA ITEM WORDING:
Amendment to the Municipal Police Service Contract with the Village of Islamorada, the Monroe County
Sheriffs Office and the BOCC.
ITEM BACKGROUND:
This amendment revises the contract pricing for the Village of Islamorada
PREVIOUS RELEVANT BOCC ACTION:
Contracts for prior periods have been approved by the Board of County Commissioners.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST $1,614,360.00 — INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
n/a
COST TO COUNTY: $0.00 (see In -Kind Match explanation under item background)
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year S306K
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Sheriff
Contract #
Effective Date: 10/01/2011
Expiration Date: 09/30/2012
Contract Purpose/Description:
This amendment revises the contract pricing
for the Villa e of Islamorada
Contract Manager: Patrick McCullah
292-7020 Monroe County Sheriffs Office
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on Sept 21, 2011
Agenda Deadline: Sept 6, 2011
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,614,360.0 Current Year Portion: $
Budgeted? Yes® No ❑
$ 0 00
0
Account Codes: _-_-_- -
Grant. -—
County Match: $ 0.00 -_
ADDITIONAL COSTS
Estimated Ongoing Costs: $0.00/yr For:
(Not included in dollar value above) (e . maintenance.
CONTRACT REVIEW
Changes
uti l iti
Date In
Needed t iewer
Division Director h
Yes❑ No[?l
Risk Management
Yes❑ No❑
O.M.B./Purchasing
Yes❑ No❑
County Attorney
Yes❑ No❑
IComments:
DMB Form Revised 2/27/01 MCP #2
etc.
Date Out
I1
SECOND AMENDMENT TO CONTRACT FOR LOCAL POLICE SERVICES
This Second Amendment to Contract for Local Police Service between
Islamorada, Village of Islands, Monroe County Sheriff's Office, and Monroe County, is
made and entered into as of 2011 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 political subdivision of the State of Florida ("County").
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 "l "; 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
First 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 $1,614,360.00 (One Million Six
Hundred and Fourteen Thousand Three Hundred Sixty Dollars) for services, equipment
and supplies provided during the third year of this Contract (10/l/2011-9/30/2012). 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 Exhibit "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"
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 2011-2012 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, 2011 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 P.
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
VILLAGE:
By:
Michael Reckwerdt, Mayor
Date:
Attest:
By:
Village Clerk
Date:
Approved as to form and legal sufficiency for the
Use and benefit of Islamorada, Village of Islands:
By;
Village Attorney
Date:
MONRO O TY SHERIFF'S OFFICE:
By: �-
Robert P. Peryarn, iShO�
Date: L /I
Monroe County Sheriffs Office
Approved as to form
By: Ifq
er Cou el
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Un
Mayor / Chairperson
Date:
Attest: Danny L. Kolhage, Clerk of Court
By:
Deputy Clerk
Date:
(SEAL)
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
By:
County Attorney
29-May-11
Updated by AN 6-26-11 (V14)
BUDGET - ISLAMORADA
2 YEAR COMPARISON FOR FYE 2011 TO FYE 2012
EXHIBIT A-2011
ADOPTED
PROPOSED
BUDGET
BUDGET
DIFFERENCE
FYE 2011
FYE 2012
+ OR {
Headcouni
16.t)
16.0
Regular Salaries
973,334
960,835
(12,499)
Ovgdmo
21.800
21,880
-
Incentive
10,060
14.279
4,200
Employer Tawas
76,884
78,249
(635)
Retlmn" Contribution
219,796
129.174
(90,624)
Total Personal Services
1,301,096
1,2D2,138
(99,557)
Expanses Other Than Salirles
_
Proieselonet Services
2,500
2,500
00mr Canbubal Services
-
-
Investl9allons
_
-
Travel B Per Diem
-
-
-
Communiwtlons (Telephones)
91600
9.a00
-
Transpodatlon (Frelght)
Utimy' Services
.
Rentsis
-
-
Insurance
42,100
42,100
-
Repairs a Maintenance
51,000
64,701
3,101
Pftft
_
Office Supplies
2,050
2,050
-
operating Supplies
10,085
10,886
Training
860
860
-
Total Oponftg Expenses
129,285
132,476
3,101
CAPITAL OUTLAY
Other BuNdlnif Improvements
-
'
AuwmobVvWmdh nerylEquip.
88,969
86,969
-
Total Capital Outlay
88,09
_
CONTING
TOTAL SHERIFF B BUDGET
1,517,949�
1421�
COUNTY COSTS:`
- Health Insurances
161.680
142,050
(91600)
- Workers Compensation
40,723
50,697
9,074
- County Allocation
Total County Expenses
-
192,463
-
191 T-
-
-74
.Estf
TOTAL BUDGET
1�
11
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 agg
entered into as of Cam'- .b . 2010 by and between Islamorada, Village of Island
Florida, a municipal corporation of the State of Florida (the "Village"), Monroe Coup
Sheriffs Office ("MCSO"), a subdivision of the State of Florida, and Monroe County, a
political subdivision of the State of Florida {"County').
WM1ESSETH
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 Ameadment'�-
NOW THEREFORE, in consideration of the mutual covenants set forth in this
First Amendment, the parties agree as follows:
Section Amendment to Agreement, Section 18 of the Contract is
amended to read as follows: i
18. CO ENSATION.
18.1 Islamorada agrees to pay the sum of $ ,`- `�: 1 7$ • 10,352
(One Minim
ven Hundred and Ten Thousand an Three Hundred Fifty Two Dollars) for services,
equipment and supplies provided during the &A second year of this Contract (10/1/2009
10-9/30/204.0 L 1). This sum is referred to as the "Contract Price."
1 Additions to existing text are shown by andedine; deletions are shown by suikee+n
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 Con 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 iteLnized 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 IsIarnorada will pay
1112 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_septencc. Islamorada's
monthly ted Rayment shall be based Mn the Contract Price in effect each fiscal
r of the term.
5ection 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
VILLAGE:
By:
chael Reckwerdt, Mayor
Date: Of 1--21LI O
Attest:
By:-4::��" . op
Village Cleik
Date:_
Approved as to form and legal sufficiency for the
use and benefit of Islamorada, Village of Islands:
By: i
Village Attorney
Date:
MONROE COUNTY SHERIFF'S OFFICE:
Robert P. Peryam, Sheriff
Date: ow, arlr°
Monroe County Sherriff s Office
Approved as to form
KQE COUNnr O NEY
PA
0 D AS M:
REVRUT.AERCADO
STANT C NTY ATTORNEY
11
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/ ierson
KQ6gC'-' qfgk 6f Court
Date:
[SEAL]
.1.1-MT 2 0 2010
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
Coun
0:%N1NATjrqt Amendment to Village's police Services Contract - 9-16-20tO. DOC
Coatrsat for Load Poti¢e SWdM
Moores County ShenlWo OrIl" and blamorada, Village of Wands
l?ii 2009-2114
.]?Race
1.1 T b is an agtwat between Wunorada, ViIlage of Wands C`ihe "Village" or
-Idsmorede) a Florida municipality, the Mome County Sheriffs Office
("MCSO'), a subdivision of the State of Florida, and Monroe County, a polidco,
snbdivisiatn of the State of Fkd& ("CouY01). The pardes have herein agmed that
*e ViU4V will puc1M nerd MCSO will provide, local law tniiorr0M*ftt
services to IWamra& in addition to the ragiow police services provided to the.
MkIMS of the unincorporated craw of Monroe Cotmty. The County as Baal
authority shall provide the sppmprigte budget allocation for the MCSO and
remove payer ftm, the Village. This Contract states the terms of qpwnd betwoen the parties.
2.1 Thu Pat *$ to this Contract are the Village, dw County, and MCSO. Any and all
commemioatians required to be provided shall ba directed to the parties as
Mows:
IslarMorsda, Village of Elands
VMgV ManaM Ken Fields
81990 Overseas Highway
P.O. Box 568
b1smorada, Flarlda 33036
Tckphoaoe: (305) 664.6400
Facsimile: (305) M4-6464
Mon= Cott* Sheriffs Office
Sheriff ROW P. Peryaca
55"'College Road
Key West. Florida 33040
Telephone (305) 292-7001
Facsimile: (305) 292-7070
Monroe County
County Admiabbator Roman Gaatesi
1too Simonton Sheet
Key Went, Florida 33040
(305) 292.4441
(305)292-4544
3. Dim
3.1 The tam of this Contract i*ns October 1 � 20D9 stud ends September 30, 2414.
4. T
a material, tarm or conditk a of this
4.1 In the avast that ff grty inbreach, �a receipt of a written requee fom the bwn-
natA
eching party, shall medy the brew withk 30 days of reoapt of the request.
If the breach is not cured wMa 00 q=Med time period. the not- Party
may utilize tisc rats of declaratory 9+� specific pwfoe'
mandamus or WuWdVc relief to compel the 1sremahinS party to a nodY the
breach.
4.2 Biter PwtY tray tetaelt>M this Contract at any time by �� written ration of at
least one (1) Year prior to the effective date of twMina#ian. bn the V4* that this
Carte is termer for ooWMMW, coapensadon shall remain at the agreed
upon amount prOvW ham. Should the tumination period extend into a oew
5acai year, the tornaa of camper
salon shall be made in acaardance with Section
• 2i.1.
4.3 'ELe p r►e reserall avaiilablo remedies afforded by law to anfarce MY term of
condition of this Contract. The parties shall submit to the dispute resolution
pDOe&s of Cbww 164, Flotilla Sys, PdOf to the tiling of any legal
pw"q.
s.
p dell de Vw&ssioaai police road patrol services tlmougitout (tbe
5.1 0SW l a coOfteat (flu Islanwnmda
"9ervices") Village. Services shall be provided by
Diatrid) cane Ift of:
One (l) Captain who serves as Village Police Chist
One (1) LWutenat►t;
Four (4) mergeastb:
Teri (10) contract do Wes, who shall serve as road patrol officcra, marine offices
and general came detectives; and
AdditiostaallY MCSQ BseiJl provide, at no coat to the Village, trw (2) ueSim+alh'
funded road patrol deputies with M&W c+mponstbilities.
5.2 Road petrol services shall be provided 24-boors per daYY on everyday of the team
of the Contract. The Islamorada District Captain, in close cooperktion with the
VUlage Manager (the "Manager,") shalt pin schedules for the tslamorada
District. The Captain will provide dw Manager with the plu=d schedule and
moruhly reports containing the V=es, hours worked by every member of the
Islamorada District as wc11 as a general activity breakdown of incidents and
activity occurring in lslamorada during &a rgporting pario'd-
5.3 Tau SWMng plan for thin Contract is designed to uti "* the proper number of
officers to maintain gh ft coverage considering plsaned and unplaannd absences
due to injury, illness, vacation, training and hmy Medical leave. UG stdit
sciWula shall be determined by the Mm&cr in cootdinatioo with the Islammula
District Captain, The Captain sisal! make all reasonable efforts to cootdittate
training, sick leave, annual leave and adrruruatmtiva Ivan' to provW0 optimum
services to Islamoroda. 14 despite th ese efnrts, a at�ift ramairty unfilled of falls
below minimal sUffing levels, the Captain shAll � � following r, The h4db(�ger
may choose to fill any sUftg shortage by
a. Request that an oflacer From inside the hiamonuk Mstriet be assigned to
work on an ovattima basis. In this case, the Village shall pay the actual
cost of the otfrcm's tour of duty. .
b. [bequest that an officer from outside the Islamorads District be hired to
work on a special detail. Ia this cams, the Village shall pay the prevailing
special detail rate under the same terms and conditions as spacial details
an offered to the public.
5.4 Caning Unit. At anytime dutin6 tibia Contract, the Village may elect to have
caning unit in order to enhance the s map �authot�i2e the use of a caat� unit,
Manager, through the District Captain,
with the actual coo to be borne by the Village and the Village shall reimburse
MCSO should the canine unit costs exoeed the budgeted amounts specified in this
Contract.
6.1 In addition, the parties reoogniu that a law en%rcxmorrt agency roquir a
flexibility in order to meat its obligations to the publie. no Village hosts several
special aventa each year for which supplemental law enforcement pemniol are
needed, as well as any odd r instances when tho VUlage may wish to enbance
services to address $ particular issae or so provide adequate patrol staffing levels.
To this cad, the Manager, through the District Captain, may authorize the use of
paid overtime hours based on actual personnel costa to provide for this
anhaw ment of service. The cost of these overtime }tours will be home by the
Village and the Village shall reimburse MC50 should the overtime hours exceed
the nommi,ly budgeted overtime figure T04fiied in this Contract:
6.2 Nothing in this CoMtraoct shall rrqular MCSO tu taalre any action coatrary to any
collective bapininli $gee 09 to which MCSO is a party, to the collective
bargaaitiing rights of any MCSO employee, or federal, state, or local employment
or civil rights lnr�a►.
6.3 The Captain or his "pee shall attend the MACAWS weekly stafineetings and
such other mseffiW as the Manama shall reasonably request, e•g• those of the
Village Coaaaii.
7. a d
1.1 MCSO shall provide such professional police services which shall encompass all
those duties and functions of the type coming. within the junsdiction of and
audonwrily rendered by municipal police depv'tomenm and the Office of the
Sham of Monroe County, in accordance with the Cha ter of ISlameeA4 Village
of Islands and with Florida Stet dm MCSO shall also wide the following
services to the Village at no additiond charges or . on the w, basis as
they are provided to all residents of Monroe Comity who pay Cottnry-wide taxes
for these swam,
a. Aviation / Air tsatama traaiport
b. Wbila Coated Post
c. BaaiM and other court personnel
d. Ek artb squad
C. Civil groans services
£ Crime sass invadPdva ! proccmdit services
g. Ctima Analyst sarvim
h. Dive Nam mvicw
i. Finance swAms
j. Ebstsge negotldion services
k. Hutnau rcafauraa:a micas
1. iahowdon whnology
tn. internal investiptkm .
n. Juv+enile ol%nder diversion se'mcss vervices, including homicide, arson,
o. Major crimes detectives and invedigie s
$maw crimes. child abuse and tuglac#. narcotics and cowiWation of regional,
swArwide and national investigations and ail other iavestigatiotm w outlined in
MCSO policy.
p, Neighborhood sad business Crime Wdeh services
q. Polkas canine servlm (if acv &ble)
r. Polio db"tah, including 911 services
9. Police legal advisor
t. prise daumelon slid trmuWrt
u. Property and evidence p umsdq and star a
v. Public Information Officer services
S.
9.
w. Records and data entry fLnctiona ail MCSO records, including traffic
Secloete end DARE in =uctm
x. School lteaource Officers
y. SWAT ream 56rvices
Z. Traft enforremont unit SWiCe8
as Training
bb. Field Force Unit
AMfnM o ' t
8.1 MCSO recognizes the desire of the Village that the Islamarada District be
� of officers who are well ecqueinted with the villagei�l g
dew
and with whom the residents M establM f M40-face rappo aad
relationships. The Village recognizes the obligation of MCSO to out 211 ofilcecs
fairly oonoer ung request for transfer and. career advancement, slid to maintain
order and disciplim. MCSO shall endeavor to establish and maintain a stable
contirtgaat of officers in the Wamorada District.
8.2 The Village Maaagcr shall play an integral part in the selection of officers for
assignment to and promotion within the islsmrada Distrlet. The Mauna w Wl
be afforded the oppom�nity tO review personnel records, �h?8
racordsdiscipliNq records of thm officers assigned to or requesting assignarneat to the
[aWamarada District and shall be a mecrtber of their selection and pramotimd
boards-
8.3 in addition MCSO shall Mahe every effort 10 kwP budgeted Contract positions in
the Islamorada District staffed and, when a vacancy does O=, will scale to fill
that vacancy as expeditiously as poaaible in complieuce with MCSO's &delinea,
hiring and promotional policy, procedures and praaticoa, as yell ss complying
with any oollective bargaining agreements applicable to said positions, provided
the such vacancy shill be filled within 60 days.
9.1 Should the need arise for the selection of a District Captain or Lieutetumt, the
loLecdoa pwoedum is as fallowa:
a T1w Village Manager and MCSO shall jointly evaluate all preliminary cadidates
for consideration for District Captain and Lieutenant. In keeping with the terms
outlb d in Section S.l herein, the Village Manager shall have the op rwnity to
participate in the process whereby MCSO deteaninas the Hirt of qualified
applicants from which the Village Manager shall make his selection for Dingier
Captain and Lieutenant. -
b. MCSO shall preseat to the Manager a list of At least three and no more than five
qualified applicants who, in accordance with MCSO polity, arc qualified and
10.
11.
12.
have applied to serve in the deaired capacity. The MOW of tb cw officers,
togedw with their pers =l fps, training fWAV61 and disciAMY Ww is will
be provided to rho Manager for review. The pemomul files of aaY MCSO officer
'hall be made available upon request for review by rho Mariner.
c. The M-kSPr may wterview each muUdata, aapardt* or tagtther. Each
candidvb must be given comparable opparttmfties for interviews and
d. MCSO sba11 appoint tha.c&n&data selected by the Mdneger to fill the vacancy in
compliaaoe with MCSO promotional policy
a
10.1 MCSO is committed to maintaining a bugls smndad of conduct and
p'of.ionalism for its officM. Compfairus regarding of90ers still be promptlY
and tirvrouSWY investigated by MCSO. Elected officials and employees of
Islansorada shall not undertake investigations of any MCSO perawmai. Any
cosnplaW against as officer in the taimorsds District mast be directed to tM
Captain. The CapU& shall inform the MmSer of the nature of the Oomph M
advise the Manager of acd= takes and provide a. writtea report of the
theom mot
iavertfgatiots and raaplution of the matter upon completion. [f e p1 .
coo== the Capes the &I&nW may take the natter directly to the
UNkrSlrerilf.
4
jamm-
1 1.1 no Village tub. Wmowiedges and qXU that MCSO must, at all times,
have W maintain the sole responsibility for, and control of all services
ham, mcludmg without limitation, the cstablishmaat of standards of
perfarmauee and conduct, hilt prumddn, dwWi6 sad u Ou' WOr
relatlom, as well as all other M&M aacasw y or incidental to the perfQrmence of
such setVt=-
11.2 Com stem with the Islamwada Chtter' no eieatad otfleisl or employee of
Islamiorada may direct the actions of any office" of dw'islsmmWi District•
Dh,,don till Islamarada to members of thetha Duos Captainid i�aficbe give"
by ark ugh the MaMer to and through
with the terms of the Comet.
12.1 MCSO shall work together with Isl=orada to direst police service: to wA* the
exprasaed mods of the residents of Islamorada. The Captain shall meet with the
Manager frequently to lea= of community eorteeras and shalt work oloeely with
33.
14.
13.1
the lvlanaSer to devise Ply oldmethods
beat suited to respond to du m concerns.
TheC
41ptsin Shall be a member of the Manager's Senior Mausgemwd Teem.
r A► Isis
All officers and other pemnngl employed by MCSO to Perform- services under
this Coutroct are and shell remain in the sale employrueg of MCSO and no awl
person small be oowidered in the employ of Islamorada for the purpose of any
ion, �, civil service, weMrs' Qonipengtion pay or other benefit.
l to es.of IslamntIda, and will not have the
MCSO officers arc not ago* or emPe
Y
authority to enter into aFreemv* or ma" policy on babel; of Islamorade.
Accordingly, the Villgge shall not be called upon to assume or share any liability
or direct payrnent of gay salaries. waM contribution to pamaIM Banda, in
premiums or payments, workers coeaP under Chapter
440,
Florida; Statute, cc any other amenities of employment to any Monroe County
personnel pe'pming services, duties srA respmPibilities Purmamt to this
Contract.
14.1 IslsaMM& dove hereby volt in each SW= offal of MCSO who, from time to
tirM may be w9pad to the Islamosada District of MCSO, to the extent allowed
by law, the police Powln of Islaraoradn which are Magary to imPlet�t and
catr3► forth the services, dudes and reaponsibilitiee imposed upon MC50 hereby.
far the sole and limited p+trPW of Fving ofI cial and lsrvfvi status and validity to
the performance thereof by such sworn officers. Each sworn offltxr of MCSO so
OnWowwad hereby and enSaged in the pedorm1we of the service#, duties and
reapptotibillties described and wnflernplated herein shall be deemed to be a sworn
offrow of Isiarnorsda while Par[ormlU such awnues, dude: of
re this ties
co hi
wbich cautwm muniei. f�urctions and are within -t3te scope of orrtrawrtr
Aocordin ly, such sworn,off3cera of MC50 as hereby veated with the power to
ett = the otdimtacea of Islamorada, to MAO guest inaldent to the enforcement
thereof grad to do such other things and perform such other acts ss a necessary
with respect thereto.
p to mvide MCSO six (t7 Mpics and evay member of the
14.2 The Villa agrees P co of swch oidittanaes as emoted by Islamorada.
islamoax+da District one (lj PY '
gurthar, Islam v& elPW to Provide the Captsht. the Undanhenff and MCSO
Ceneral Cowtsel the text of proposed ordim m in time suffi�kd for review and
discussion with the Msnager. MCSO will provide dw Manager advioc gam a
Practical law 401areement perspective concerning any proposed criminal
ordinsnce and whether MCSO car' enforce the ordinow ldor to the Village's
adoption of the draft regulations. �.
is.
each other with complete and prompt aotificstion of any
15.1 The parties shall pry , vision of services
awsuit
invOlv" the
m
1eo claim, notice of sort, �� deFenaa of any loch claim.
hereunder, and WWI coop=W .
1b.
16.1 MCSO shall emura that every meat of the Islamorada District h provided with
a"equipped marked patrol vehicle, m well as uniforms. Personnel aas4Wd to
tslsmorada shall be provided uniforms condsteat with those uahforms issued to
other MCSO uniform personnel including specialtY udk ma fof marine and
bicycle patrol with tlw following mmeption. In lieu of the MCSO deputy
patch, often ass*,ed to the Islamorada Dishict will wear a patch on the left
shoulder deplcdag the Islamorsda, Village of la 806 Official Vilittge Sal.
17. B20MW IWeetln..MP/A dIL
17.1 MCSO shau kBOP records wlth erect to the expdhtura of femda paid by the
Vllisp aced the services provided to the Village under this ConfiVA All
Of 0xSe
the date
records sha11 be retained by MCSO for a mWmum of five (5) yam fmm
of lion or wgdmdon of this Consent MCSO shall mak tein Ong
records ao Cxpetyditaras ukder tltis Coat = in accordance with Vneral1Y W"Ptcd
a000+mt N ataadsrds, ganenlly accepted pvmm a aecauatsss standads,
MCSO policies and procC&M, state tabeatim schedules and odw applicmbW
standards.
17.2 The Village Manager, or his or her'desigue, may itispec;t sAd audit the records
upon reasonable trance to MCSO. Reasonable notice should include a written
request no leas than seven worldng days poor to the kkaded site visit and the
ideatiNoatiot< of the specific,ccarda to be impmtsd.
17.3 MCsO shall provide access to the Villsp Manager or his, or ha, "Poe to the
records during regular business hours. MCSO agseees to provide tlb Smistaaee, ss
nny be necessary, to facilitates the inspection or audit by the Village to ensure
complimoe with epplitable accounting sad financial standards.
18.
18.1 Islanmrada agrexs to pay the sum of S 1,559,5S 1(One Million Five Hundred Fifty.
Nine ThouWd Five Hundred. Eighty -Oar Dollars) for services, equipment and
sttppihes provided during the him year of than Contract (10/1R409-9/3=010).
Thus sum is referred to sa-do Tontract price."
18.2 An analysis of the cost is provided on Fa Mbit "A" attached haft. Care has been
taken to include in Exhibit "A" all personnel cost and every item of equipmm,n
and supply, necessary to provide services callad for in this Contract, inoltw tt8
dta3e provided under Section 5 herein. However, any cost item not listed on
Exhibit "A" or provided at i ocost p cant to Section 5 of this Comet 11
itemized trod billed per" Y tos►
18.3 Islamormds dWI include the total cost shown on ExWbit "A" in the 1814100rMda
mwnisiom to secure the
oipal budget for FY 2009-2010 and make timely �°� funds teary to fiord the Contract. Isiamorsda will pay 2J12 of the total
sound price to the Cleric of Court no later that October 26, 2009' and thW*X t
Islamorsds will pay 1/12 of the total contract price on or before the first day of
each sue wft$ month until the total contract price is paid
18.4 MCSO will provide a fullymxdcedand properly equipped Olics vehWe for each
member of the lslamorAda District. Iaiamorala will pay Ali M°Wy vehicle lacer
cos" to MCSO, and will pay for MAY fti, mainwaance and. other operating costs
actually incurred by the County on the ViLtage's bona C as outlined in this
Contract.
18.5 Vehicles currently assigned to the Village by the Sharifrs Oiiice shalt be
amortized over a five-year replacaatent cycle. At the end of each replaccownt
cycle, the Village sloth have the option, in its sole discretion, to take title tea the
vehicles.
18.6 'line Village shall have the right to participate is MCSO'$ periodic vehicle fleet
review in connection with any vehicles to be acquired or replaced for use within
the Islamorada r)LWict, in order to select the type of vehicles to be used, includhl
the use of patrol ,rutaers. SUVs, hybrids, etc., in accord$= with MCSO vehicle
speci8ratlona.
18.7 At the sole diacret,= of the Village, the Village may elect to purchase vehicles
directly using MCSO vehicles ypeoW=Wns, as they may char from time-to-
dmma. It the Village so elects to pur+chm the vcbic* the Village will notify
MCSO in order far MCSO and the Village to coordiu de the tranritlon of the
existing vehicles with the Village for the following Sacal year. it the Village
elects to directly purchase then vehicles, the title for these vehicles purchased by
the Village will be subs uently ttmtsfbacd to MCSO for the such of oa,e dollar
for each $tad for the duration of the Coatraat. The Viltagt will pay far any fQC4
msiawnlnce cad other oparWW costa actually incurred by the County on the
Village'$ behalf', as outdid in this Cont WL After Mi"fion of taminsdon of
the Contract. and if there is nee MVVMI of tits irtal Contract, MCSO sgreee to aw afer
title to all vehicles arig
ly ptuchaeed with Village fund: back to the Village for
the sum of one dollar for each and provide the Viila,$a with copies of all cummt
Maintenance records. The sale of those vehicles back to the Village will be phucd
in during the transition period as provided in Article 25. MCSO will continue to
own, opersto and rrlaintain possession of any of Haase vehicles during the
transition period when necessary to supply patrol officers with vehicles in order to
maintain services putauarrt to this Contract. In the CVW that a vehicle that wen
originallwhit Villegc funds Rd subsequently titled to MCSO is
dmutgeedd beyond repair Of or "totaled" according to MCSO criteria, such vehicle will
damathat is sitnileur in tsrma of rtsalcc,
be replaced with a vahlcle from the existing flea these that were
model, age, mileage, and t�oadi*n Fuutitor um,
Originally Pt=hissed with Village fusb and subsequemtlY titled tes MCSO will be
retired a�wor ft to MCSO policies. The Village MCSO wiU nod will be responsible for replacing
these vvbicleat S far �t Wired vdtides will be � back to the number
vehkla antictp
Village for the sum of one dollar for each vehicle.
19.
19.1 MC80daUpwvidefgW=adamoatWyfimcialrePmUinchWingADPPaYrOlI
reports det:t JWS all cant incurred by MCSO to provide services under this
Contract.
19.2 If incurred costa equal ninety-&e Per Gent ("%) of the toted Coat recited in this
Contract, then:
J. MCSO may atop pcoviding any of the: sexvic of in order not to exceed the
coaitract price or Islaanora& may ism it written commkmft to MCSO to Pay
for continuation of swvica:s as agreed to by h1 morsda. and MCSO.
20.
your —End &Mdlk#M
20.1 At the end of each Racal year, kQnrW cosh shah be reconciled with total
payments merle by I howrada. MCSO external auditors will detarrnine the Seal
balan a. If incuured costa exceed total payments, lsbmnorada will rcir*ww
MCSO far tt access scat. It WW payments exceed iamr cd costs, MCSO shall
reimburse Wamor da for the excess psymat
�t T . is rec all
ihation sh
include both MCSO and County coat Of
21, FatgLeYar Ed"
2I.1 IsUVMW a atsd MCSO shall Wdo PaYmOU for the s000Ad, third, fourth and
fft yet#ca of the Term of this Contract in limo sufJicsmrt fox preparation of
budgm and tax rolls. When spganw t is reached. the Manager al'aIl PCIPare a
nwmormd= sag the new terms and acknowledging k1morsda's WMPU=
of tit. An Xngadmemt of No Conttla signed by the psttiel Shall be sufficieent
to morad the finanoiahl terms of this Conhut, subject to all required approvals by
the goveeniag bodies Of the partiea to this Contract.
21.2 If the PUIWares unable to agree on paymmu for futmce years on a timely balls,
this Contract will tazmsnate on September 30°i of the cu rm t Contract year by
written notice.
to
22. e F
22.1 The parties I t"Aad8c the Village's enthlameat to fines and forfeitures
pursuant to Section 318.21, Florida Statutes aNS), as amended from time to
time.
23. Florida b eiEa
23.1 The parties shall determine an equitable sbere for the Village of pw000ds of any
forfeiture pursuant to the Florida Contraband Forfeiture Act in cases involving the
participation of officers assigned to the. Wmorada District. This shun shad be
based upon the tatio that the Ialamorada Ds p�stria' cipation bears to the
participation of all law onfareemant erg articiP ed�in the criminal case,
seiZure and subsequent forfeiture, This share shall be deposited by MCSO into the
Sheriffs" r.aw Enfte meat Trust Fund fOr the Sheriff's use in Islamorada.
Islarnonada may apply to the Sheriff for the use of such funds consistent with the
limitations of the Contraband Forfeturo Act. The Sheriff agrees to submit sueh
request to the Monroe Comty Board of County Commissiomm for cppropriadM
and upon appropriation. will use the femds for the intended purpose.
23.2 The parties We that the dwb'()n roe use or dispose of personal or MW property,
or currency, sued within W&Mrada shall be In the sole discretion of MCSO. if
MOO elects to use seized pet'soW p gmty outside of Islamorads or to sell
salad real estate within Islamorads, MCSO shall allocate funds to the f aw
E tforcolnent Trust Fund in amount to Islamoreda's equitable time of the market
value of the property less liens, trwrtgps, encumbrances and coat to MC50 for
the seizure turd forfeiture. In both cases the allocated share shall be eamratked for
use by MCSO within islamoMdL
23.3 MC80 will MAIM Very possible good faith @Eort to provide the Village with
Periodic rep" doWing all ptmding forfeit= or seizure cases within the
Village, the status of such case, and all teal or personal proportY, and currency or
Media forfeited or seized.
2.4. 0
24.1 To the extant permitbad by law. and as limited by Section 768.28, Florida
,
the Village shall defend, irtdaatuify and hold harmless the County, M� and its
officers, employees, or agents from any aryl all liability, losses or damages,
including attomeys` fees and costs of defense. which the CoMM MCSO or its
offic ars, employees, or agents may incur as a result of any claim, demand, suit, or
cow of action or proceeding of any land or nature arising out of, relating to, or
rosufting from the negligWA paj=mnce of this Contract by the Village, its
amployoea, officers and agetrts. MCSO shall promptly ryOO tine Village of each
claim, cooperate with the Village in the defense said resolution of each claim, and
not settle or otherwise dispose of the claim without the Village's participation.
.r
24.2 - To the extent permitted by is,,, and as limited by Seccdon 768.29, Florida Stauites,
MCSO shall defend, indemnify and hold harmless the Village and its offteers,
employees, or agents from any anss
d all liability. toes or damagea. including
employees
attomeye fees and costa of defense. which the Village or its � �'of acute orr
or agents relay incur as a result of any claim, danond, t,
proceeding of any kind or maw arid8 act oC relating to, of remdtb* from the
negligent porfocmance of this Contract by MCSO, its encployeea, officers, and
agents, The Village "I promptly notify MCSO of each claim. cooperate with
MCSO in the defense and resolution of each claim, s A not settle or otherwise
dispose of the claim without MCSO'rt 9azticipadon.
24.3 The indemnificathm provisions of this Contract mhali survive termination of this
Contract for any claims that may be flied afar the won date of the C VOISet
provided the clams are !rased upon actions that 000arred during the performance
of this Contract.
25. �•
75.1 In the avant of the termination or expiration of this Contrast, MCSO and the
Village sha11 cooperate in flood faith in ceder to aff cUu to a smooth and
harmonious trarc:ition and to maintain during the transition period, the same high
quality of police pwtmdon prescribed by this Contract for the rasidaats,
busisxaseea add visitors ofthe Village.
25.2 Upon the tMinstion or expiration of this Conaract, the transition period Shall be
no less than 12 month&
25.3 Upon complVdW of du transition period and in the A thw event tW the Village
is unable to provide the aaaee level of local police prou"'an tb MSh its own
ppba force at the Berta of the twniratidn of ex*AdO s Conftd
Y
altall be cxtottded upon the writtau request of the VUL&P MMW
meats or until the Village is capable of readeting the police service.
25.4 Tho compensation to be paid to MCSO during the phsae-Mt period shall be a pro.
ratod at go time of ftrminnfidn or expiration, aA shall be in an amount agreed to
by the patties.
26.1 The Village shall provide station facilities for the blatnonda. District io operate.
Cu aady, the lsismrrrada District operates from a LOWdon at 87000 Overseas
Highway, U a xcsda, Florida. The Village is in the process of 00tl3tructia6al new
Administration Carter and Public Sanely Hadquartcrs, ad, upon completion, the
Village will provide station faciiitbs within dw mew Adminisn'athm Cantm and
Public Safoty Headquarters, 900=11Y C0e1ildnl of ofee apace for command
slam work .area for patrol oifiows, and math* and training space, as shown on
Exhibit "8" attaches hereto- MCSO shall pay the Village $25.000.00 towards thO
+a
.y
costs of fuctdshiogs and equipment for the proposed station fatuities within the
Village's Administration Center and Public Safety Headquarms, as pmoviously
agreed to by MCSO, by the enlist to occur of December 31, 2009 or oconpancy
of the proposed salontwilitics by the Islamorada District.
The Village shall provide a qualified civilian administrative suistant anployed by
Islamorada to "at the District Captain. when net eoggpd in performing the
work of the Islaaiorada District, the admit9strati" a assistant shall perfaarm other
duties as directed by and for lslamorada. MCSO personnel will be responsible for
the entry of b2fflo ticket data.
z�.
27.1 All law en&O=ant education fiords levied and collected by the Clerk of the
Court and earmarked for Islam -Ads pursuant to Soodom 94315 Florida Statute
sttali ba assigned to and / or specifically allocated to the Islammula District mt=d
used by the Lglamorada District for law cdorcement education and training
purposes authorized by state.
2L HAUAA&
28.1 The parties recoSmizc their obligation to provide ea►e awy Assists to other
jurisdictions (including without limitations the Cities of Key West, Marathon,
Key Colony Beach, Layton, the 00M Reel' Public Safety Dittr4
unhwoiporetod Monroe County and any mumieipalidas Mapomm' in Monroe
County AfW site Gffwdva date of this M%tract) pwmt to the Florida Mutual Aid
Act and in ON event of a "WtrvpEze. MC30 may direct Islm=tada District,
officers to tender aid in aitbw care in. a measurer conslacemt with die deployment by
MCSO of other MCSO officers without flaaaeial utret off or demon by the
Village, provided that such deployment does not exceed 24 how. Should
MCSO's deployti>ent of islantoreda District officers to other jurisdictions exceed
24 hours, the Village shall be given a credit for sucli ofoers' actual personnel
coats. Should MCSO bring in offlcers from others jurisdictiono to rends
emcarggency or caftstrvphe assistance to the Village, and snail deployment exceeds
24 hours, titan MCSO shall
1 bo rues all pos�efnotice of sur smh ch a deployment �
costs. The MsaW 8
written r+eporta Of the actions of adi=cars so deployed.
29.pIngMj& HadjawsNot LWOIRIV-16
29.1 The parties agree that the hasdings given the paragraphs and other subdivisions of
this Contract are for ease of reference only and are not diapositive in the
interprotafiost of Contract lanausge.
13
30.
that this conbad has been emly negatiaaed by both partite, sad
30.1 The &Pte over the a R inftTretatiM validity or eo ors W(ty of
hs m�� oror soy of its � of Provisions, � "1 be no presumption
error against either puty by virtu of their having drafted this Conftwt or
aq Pordon dxcc o-
31. SIM
contains the entire A�eat of tiro parties sad sW=ades any Pdor
33.1 This writing anta�ns. No mprae were made oz relied upon by
oral or written repres sal set fiorth herein..
.
either party, other than. those d10 are mcpre y
31.2 No agert, emPloyce, or other repmsentstive of aid= ply is ��ed to
modify or amend the terms of this A unless exaeuted'with the same
fornnaiity as Wa doc=CnL
31.3 This Contract may be modified at anytime during the terra of mutual written
cow of bout Parties.
INWMM WHEREOF, the parties have a wt* d this Conract as of the dates
indicated below.
[81GNATURE PAGES TO FOLLOW]
V
MONRQB Cotwy 'S.OFFI 4
[SEAL]
;• ' t'
haiff RoberOCP• Pei Y=
Date Executed: 1�L420Q9
MOME COUNTY SHERIFF'S OFFICE
APPROVED AS TO FORM
B
offara Comm[
15
MONROECOUNTY SHEFO F'SOFFICE
�RON 0 FORM:
/-JWW L WtLLIS
SI:NERAL COUNSEL
nAi'E'w
ISLAMORADA, VILLAGE OF ISLANDS, a
Fhxida MtRUCIP81 COMOrttion
By
Data Execmd:
ATTEST:
By:
Viuw erlc
[SEAL)
APPROVED AS TO FORM AND
LHoALiTY FOR THE USE AND
BMaM OF ISLAMORADA.
VILLAGE OF ISLANDS I j
BY�
v
2009
BOARD OF COUNTY COMM IONLRS
OF MONROE COUNTY, FLORIDA
By.
21r�4•�
Msyor/Ctsairpemn
Date ExaaUW- OCT 2 12609
tdac: DADW L-KOLHAGE,
CLM OF COURT
B�c
C[ecic
[SEAL]
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
By.
Ao s+a+ CeAikO
47o+Fs+u
r.W"Weao o,=�jwLWku,N*W&hR,rsoep.xouLMwt.roo
17
i0-Jurr49
MONRog COUNTY SHERIFFS DIPME - V25
13LCGET. ISLAMORADA
2 YEAR COMPARISON FOR FYE 2000 TO FYE 2010
Exhibit A
ADOPMO
PftoMSED
OU00ET
BUDGET
DIFF-FAfflfVC$
FY 200
FY 2010
f OR
PEIli MAL 89=12
Noldaouel
i4p
tao
-
RaQW.rsslulsa
9 AIO
92&718
(21.981)
0)
20,100
20
o+r
ovilo
1,000
RE04
73;040
71vo
(1079)
fIa> T es
113,1911
14463
$.4)
RvHwnwn# Conlrbuliv+�
_
TOW Peso" Svre+s
t 2M,;06
1.$i3 �53
E Nw i �lliw.r7fi BMulwi
Fr4�a++si0+� a�1�io.s
2.5oo
Z.500
OIhK 6ow*wi Sow"
,
.
TnywlA PW Obni
9 pp
9.X)o
.
GaarnloNuliOns {T�rphona)
-
Twipown"
Udft almo.,
Rem"
32,774
32,TN
krewrwla
t0,006
16,01?0
Ropoks & M20"fill(m
j
PW"
8uppf
2,050
O
OW�'aNq•�upP�
10.ifas
1QEA6
THlnlllp
�
� �
Total OROrs" ex"ns"
� 7��
_ 74.2,'i9
Otik I 6ET eO,tEB
AUWrAblk~Irw*%q*•
ToW Capl Ali OMW
TOTAL slteRa�l*a 11uoc;"Et
1 AN�613
,,,m��
13T6,t78
}
GCNMT7 GOaT81•
130.640
142AS
I8.76M
HaMh frMu s
a•Tzs
3.310
- WOWS Cat ssow
-
- Gaaaly AYacatlon�
»Z
TvW Counbr
I. 93,612
1
TOTAL BUDGET
a�+miff
9
E1MIT `+B"
li� Ohba
�r tr+r wn r�
st
trevi 09/01/2009
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 Sheriffs 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:
Section 1. Recite s. The above recitals are true and correct and are incorporated
herein by this reference.
Section 2. First Amendment 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
approved as to form and legality by the Village Attorney, is approveSERTIFIED copy OF
Section 3. Authorization of Village M W—& 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 F d Ex enditure. 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.
Sec 'on 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.
Section6. Effective Date. This Resolution shall take effect immediately upon
its adoption.
PASSED AND ADOPTED this 23rd day of September, 2010.
M CHAEL RtCMERDT, MAYOR
ATTEST:
�-
BEVERLY4ADDATZ, VIL AGE CLERK
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF ISLAMORADA,
VILLAGE OF ISLANDS:
VILLAGE ATTORNEY
Weiss, Serota, Helfinan, 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
3