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Item J2M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: J.2 Agenda Item Summary #3346 BULK ITEM: Yes DEPARTMENT: Sheriffs Office TIME APPROXIMATE: STAFF CONTACT: Patrick McCullah (305) 292 -7020 N/A AGENDA ITEM WORDING: Approval of 2017 -2018 Third Amendment to the Contract for Police Services with the Village of Islamorada, The Monroe County Sheriffs Office and Board of County Commissioners ITEM BACKGROUND: Contract for local police services PREVIOUS RELEVANT BOCC ACTION: The BOCC has approved a (5) year contract for local police services and the price revisions for each contract year in the past. CONTRACT /AGREEMENT CHANGES: This is for years 2017 -2018 STAFF RECOMMENDATION: Approval DOCUMENTATION: Third Amendment 2017 -2018 FINANCIAL IMPACT: Effective Date: October 1, 2017 Expiration Date: September 30, 2019 Total Dollar Value of Contract: $2,007,055.00 (paid by the Village of Islamorada) Total Cost to County: $0 (revenue producing for the Sheriff) Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes Grant: N/A County Match: N/A Insurance Required: Additional Details: If yes, amount: $2,007,055.00 10/01/17 101 -68629 -SHERIFF LAW ENFORCEMENT Third Amendment FY2017 -2018 REVIEWED BY: Cynthia Hall Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed Completed Completed Completed Completed $2,007,055.00 08/30/2017 3:52 PM 08/30/2017 4:40 PM 08/31/2017 8:36 AM 09/01/2017 2:23 PM 09/20/2017 9:00 AM THIRD AMENDMENT TO CONTRACTFOR LOCAL POLICE SERVICES This Third Amendment to Contract for Local Police Services between Islamorada, WITNESSETH iiii • provision of Local Police Services with MCS O and County (the "Contract"), a copy of which is attached as Exhibit "l," and Services for each fiscal year shall be set by amendment to the Conti and 011 11 �i 511 r] 511.L Fff� �-_ 1 UP 111NI Section 10 Amendment to Agrip- Section 18 of the Contract is amended to read RN nolre M, 18. COMPENSATION. 1! 11111111:1" T4 owes 18.2 An analysis of the cost is provided on Exhibit "A-2017" attached hereto. Care has been taken to include in Exhibit "A-2017" all personnel cost and every item of equipment and supply necessary to provide services called for in the Contract, including those provided Page I of 4 For Local Police Services under Section 5 herein. Hovvever, any cost item not listed on Exhibit "A-2017" or provided at no cost pursuant to Section 5 of this Contract will be itemized and billed separately to Village. 18.3 Village shall include the total cost shown on Exhibit "A-2017" in the Islarnorada Section 2. Third Year Pavnrent Terms. Exhibit "A- 2016x" of the Contract is replaced in their entirety with replacement Exhibit "A-2017" dated March 17, 2017, attached. All references to Exhibit "A" in the Contract shall be from October 1, 2017 forward refer to the replacement Exhibit "A-2017". Section 3. No Further Modifications. All other provisions of the Contract, other than as specifically addressed herein, shall rcmain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted made and executed this Third Amendment upon the to and conditions above stated on the day and year last below written. SIGNATURE PAGE FOLLOWS Page 2 of 4 'slamorada, Village of islands Third Amendment to Contract For Loca: Police Services By: Villagq]CIerk . ... ... ... ... ... ... .. Date: Aar+ M, � I - Page 3 of 4 Islamorada, Village of Islands Third Amendment to Contract For Local Police Services BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M no By: Dale: Mayor/Chainnan Deputy Clerk MONROE COUNTY ATTORNEY APPROVED AS TO FORM M Assistant County Attorney Date: Page 4 of 4 Islamorada, Village of Islands Third Amendment to Contract For Local Police Services Exhibit "A-2017" Me= Eftauffm Salary RO,Whff Salaries ovemose Incentive ,tfnp"er Taxes RGiAg"Int coraributlon Uk A, "baNh Insurance Unemployment CDmpGnwUoo TaNd Poisionnel SavaMs Upc Inge d by" L;Em Knaw;ee - 31" My yj RIUDGET - fSLAMORADA 2 YEAR COMPARISON FOR FY E 201? TO F VE 20 IlLo 16.0 1.084,781 1,103,008 16,22 50,123 51,488 2,390 11.769 12,2410 480 09,41H BO,020 3,612 252A19 260,SE7 T 2,000 2 4 7SO 4,750 i,wo 1,600 8,500 SAW 100 luo 3 Kono 64,791 64,7(yl �,ays 12,195 12 966 I 1,000 169,920 211,047 41,727 55,793 46 0,1737 nommm Between MONROE COUNTY SHERIFF'S OFFICE, MONROE COUNTY And ISLAMORADA, VILLAGE OF ISLANDS FY 2014-2019 1. Purpose. 2. Parties/Notice. 2.1 The parties to this Contract are County, the Village and MCSO. A • t j and all communications required to be provided shall • directed t parties as follows: Monroe County Sheriff s Office Richard A. Ramsay Sheriff 5525 College Road Key West, F1orida 331 40 U IM UMM 3.1 The term of this Contract is for a period of five (5) years, beginning October 1. 2014 and ending Septem 1 201 Termination and Remedies 4.3 The parties reserve all available remedies afforded by law to enfor any terin of condition of this Contract. The parties shall submit to t d ispute resolution procedures of Chapter 164, Florida Statutes, prior the filing of any legal proceeding. I S cope of Purchased Services 5A MCSO shall provide professional police road patrol service � - ol l "Services") throughout the Village. Services shall b e contingent (the Islarnorada i istrict) consisting o f. N One (1) Captain who serves as Village Police Chief; One (1) Lieutenant; Four (4) sergeants; Ten (10) contract deputies, who shall serve as road patrol officers, marine officers and general case detectives; and i I a a. Request that an officer from inside the Islamorada District be assigned to work on an overtime basis. In this case, the Village Z; shall pay 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 terrns and conditions as special details are offered to the public. N�� 6. Overtime/Off Duty I etails. 6.2 Nothing in this Contract shall require MCSO to take any action con to any collective bargaining agreement to which MCSO is a party, the collective bargaining rights of any MCSO employee, or feder state, or local employment or civil rights law. I 6.3 The Captain or his designee shall attend the Manager's weekly staff meetings and such other meetings as the Manager shall reasonably request, e.g. those of the Village Council. b I 7. Additional Services. i. Finance services mffl-�4� including traffic tickets School Resource Officers and DARE instructol Y- SWAT to services Z. Traffic enforcement unit services aa. Training bb. Field Force Unit 8.3 In addition MCSO shall make every effort to keep budgeted Contra positions in the Islamorada District staffed and, when a vacancy do occur, will seek to fill that vacancy as expeditiously as possible compliance with MCSO's guidelines, hiring and promotional polic] Page 5 of 17 procedures and practices, as well as complying with any collective bargaining agreements applicable to said positions, provided that such vacancy shall be filled within sixty (60) days. 9. Procedure for Selection of District Contain and Lieutenant. 9.1 Should the need arise for the selection of a District Captain or Lieutenant, the selection p rocedure is as follows: C. The Managcr may interview each candidate.. separately or together. Each candidate must be given comparable opportunities for interviews and presentations. d. MCSO shall appoint the candidate selected by the Sheriff, in consultation with the Village Manger, to fill the vacancy in compliance with MCSO promotional policy. 10. Complaints ira in Officers. Re grin LVEMIM the matter upon completion. If the complaint concerns the Captain, the Manager may take the matter directly to the Undersheriff. 11.2 Consistent with the Idamorada Charter, no elected official or employn of Islamorada. may direct the actions of any officers of the Islarnora District. Direction from Islamorada to memers of the Istamora District shall e given by and through the Manar to and thrugh District Captain in accordance with the terms of o the Cntract. I b b ge o 12. MCSO ReknomAhilities. 13. Officers not Dl ii ii 1 gents ol' Isla morada Villy OP of Islands. 1 Enforcement of Maniaal Ordinances. 15. j&RAI Clahns of Suit and Lawsuits. 15.1 The parties shall provide each other with complete and prompt notification of any legal claim, notice of suit, or lawsuit that involves the provision of services hereunder, and shall cooperate in the mutual defense of any such claim. 16. Uniforms and Marki "H, ot'Patrol Vehicles and Vessels. shoulder depicting the Islamorada, a of •I r s 17. Records/ Inl ection/a edit inspect 17.2 The Village Manager, or his or her designee, may records ! Reasonable • • include a written request no less than seven working days prior intended site visit and specific records to be inspected. L 7.3 MCSO shall provide access to the Village Manager or his, or her, designee to the records during regular business hours. MCSO agrees to provide the assistance, as may be necessary, to facilitate the inspection or audit by 4 fmaxcial sta 18. Compensation r. agrees to pay the sum of One - Million Eight • r Fifty Six Thousand Four Hundred and Ninety Five Dollars ($1,856,495.00) for f ! and supplies provided during Contract this • to as the "Contract M Islamorada shall include the total cost shown on Exhibit "'A-2014" in the Islamorada municipal budget , and make timely provision to secure the funds necessary t o fund the Contract. Islamorada will pay 2/12 of the total contract price to the Monroe County Clerk of Court no later than October 26, 2014, and thereafter i'.i i I 4'., - 19.4 MCSO will i'! rovide a fully inarked and properly equipped police vehicle member for each District. • / pay all monthly vehicle lease costs to MCSO and will pay for fuel, mainteriancs i other operating costs incurred by Vehicles Village's behalf, as outlined in this Contract. ■ be amodized over r. . replacement option, replacement cycle, the Village shall have the i discretion, to Lake title to the vehicles. B-6 The Village shall have the right to participate periodic connection vehicle fleet review in replaced for use within the Islamorada District, in order to select the type of vehicles to be used, including the use of patrol specifications. hybrids, etc., in accordance with MCSO vehicle subsequently titled to MCSO will be !'; policies. The Village will be - • MCSO will notify the Village of anticipated for retirement. Retired vehicles will be transferred the Village for the sum of one dollar for each vehicle. 19. Cost R :iorts and Cost /Contract I ris t r titrrrs reports 19.1 MCSO shall provide Islamorada monthly financial reports including ADP payroll - t ♦.. services under this Contract. 19.2 if incurred costs equal ninety -five per cent (95 %) of the total cost recited in this Contract, then: a. MCSO may stop providing any of the services in order not to exceed the contract price or Islamorada may issue a written continuation commitment to MCSO to pay for agreed to by Islamorada and MCSO. 21. Future Year Pricin 21.2 If the parties are unable to agree on timely basis, this Contract will terminate on September 30' of the current Contract year by written notice. 22. Traffic Fines and Forfeitures. 22.1 The parties acknowledge the Village's entitlement to fines and forfeitures pursuant to Florida Statutes §318.21, as amended from timio to, time. 23. Florida Contraband Forfeiture Act Proceeds. 23.3 MCSO will make every possible good faith effort to provide the Villam with periodic reports detailing all pending forfeiture or seizure cas within the Village, the status of such cases, and all real and person property, and currency or funds forfeited or seized. I 24. Indemnification. & on to In u-MI-IMI I DO I I I I I I 1163LIMRMKI�� W-�� statute for its own negligent acts or omissions, or intentional tortuous ac C which result in claims or suits against either the Village or MCSO, and agre ' I to be liable to the statutory limits for any damages proximately caused by sa acts or omissions, or intentional tortious acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be consent by either party to be sued by third parties in any matter arising out of this or any other Agreement, 1 0 25. Transition. 25.1 Tn the event of the termination or expiration of this Contract, MCSO a the Village shall cooperate in good faith in order to effectuate a smoo i( and harmonious transition and to maintain during the transition perio the same high quality of police protection prescribed by this Contra] for the residents, businesses and visitors of the Village. 25.2 Upon the termination or expiration of this Contract, the transition peri shall be no less than 12 months. I 25.4 The compensation to be paid to MCSO during the phase-out period shall be a pro-rated at the time of termination or -expiration, and Shall be in an amount agreed to by (be parties. 26. Station Facilities and Office Ev enses. 27. Law Enforcement Educational Assessments. 27.1 All law enforcement education funds levied and collected by the Clem of the Court and carinarked for Islaniorada pursuant to Section 943. Florida Statute shall be assigned to and / or specifically allocated to t Islamorada District and used by the Islamorada District for la enforcement education and training purposes authorized by statute. I 28. Mutual Aid. 29. P 29.1 The parties agree that the headings given the paragraphs and othi subdivisions of this Contract are for ease of reference only and are n dispositive in the interpretation of Contract language. I 30. No Presumption against Drafter. 30.1 'Me parties agree that this Contract has been frcely negotiated by bo parties, and that in any dispute over the meaning, interpretation, validi or enforceability of this Contract or any of its terms or provisions, the shall be no presumption whatsoever against either party by virtue their having drafted this Contract or any portion thereto. 0 provisions, there. shall be no presumption whatsoever againsi either party by virtue of their having drafted this Contract o-, any portion thereto. 319 Entire Ao. Ceti t!Nlodification/Amen(intent, 31.1 This writing contains the entire Agreen of the pa1 and supercedes any prior oral or written representations. No representations were made or retied upon by either party, other than those that are: expressly set forth herein. 31.1 No agen", employee, or other representative of either party is empowered to modify or amend the iterms of Obis Agreernent. unless executed with the same formality a-, this document. 313 1'ilil; CCa1141s.Q� May !.�c at Atrtiirnic dunag the to of written consent of both parties. IN WITNESS WHEREOF, &o parties '-,ave excc t0h's 1-4 of tile dates indicated below. I I ii IMP ESLAMORADA, VILLAGE OF ISLANDS, A Florida Municipal Corporation By: Mayor ViRage Qrk 9, Dew 040krr 1'7 11 !dvq ... ....... .......... Attest, Amy Heavilin, Clerk of Court E EM County Attorney MONROE QC'%JNTY' ATTORNEY APF- AST FORM:, --W , -H HA I. kAL L ASS IS A T OUNTYATTORNEY Date— 29-Jul. 4 UPd*UlJ W -lea KfIrwinini - 24"22x 14 tom) M HX' ET )g�,AMOAADA 2 YEAR COMPARISON FOR FYE z ro F 2AJM ADOPTED PROPOSED 8 U DGE - BUDGET OWFERENCE 22. '221 PYE MS OR f!LRkqN_qkL HeadcuuM 72 P. Reguwr Sawries, 22,22 aS2 5 c 827 1 '.8 03S 14 400 as s 83,930 eS 074 20V 09a 2 744)2 m OR RA EXPENSEt other"Nin alaq en d - 150 TiavpM A For Dien i, 5 Xl ca m m u r, � a a F nine i) '3-4,z0o Printing Adverlosing Offloio �3'uppfies ,- a Y OF ulf A S� ppos, 1,00.1 i'000 'r,W 'ZZ,,476 CAIMT6 .......... ar, 969 Toi I ca�� 86,969 .... . . ............ - ... — - - ------- 0 THER ' A a W G ov ann a q t A g a n m a a Privane Organ izalron6 Ql'er Was .................. rQTAL S4ERIFF'.$ BUDGET i�'OUHTY COST&' 4 7 Q 241,�,22 Couriq ANocatax% z .. o-4 ... ....... TOTAL BUDGET