FY2014-2019 3rd Amendment 10/18/2017KEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: November 3, 2017
TO: Sheriff Richard A. Ramsay
VIA: Michelle Quad
FROM: Pamela G. Hanc< c1*.C.
SUBJECT: October 18th BOCC Meeting
Enclosed are two duplicate originals of each of the following items for you handling:
B8 Second Amendment to the Contract for Local Police Services (2017 -2018) with
the City of Marathon, the Monroe County Sheriffs Office and the Board of County
Commissioners.
J2 2017 -2018 Third Amendment to the Contract for Police Services with
Islamorada, Village of islands, Monroe County Sheriffs Office and Monroe County.
J4 2017 -2018 Third Amendment to the Contract for Law Enforcement and
Security Services at Key West International Airport between Monroe County and the Monroe
County Sheriffs Office.
Should you have any questions, please feel free to contact me at (305) 295 -3130. Thank
you.
cc: County Attorney w/o documents
Finance
Filet/
THIRD AMENDMENT TO CONTRACT FOR LOCAL POLICE SERVICES
This Third Amendment to Contract for Local Police Services between Islamorada,
Village of Islands, Monroe County Sheriff's Office, and Monroe County, is made and entered
into as of the date last written below 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 ").
WITNESSETH
WHEREAS, In October 2014 the Village entered into a five year Contract for the
provision of Local Police Services with MCSO and County (the "Contract "), a copy of which 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 2017 -2018 (the " Third Amendment").
NOW THEREFORE, in consideration of the mutual covenants set forth in this Third
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 Village agrees to pay the sum of $2,007,055.00 (Two Million Seven Thousand
Fifty Five Dollars) for services, equipment and supplies provided during the fourth year of this
Contract (10/1/2017- 9 /30/2018). This sum is referred to as the "Contract Price."
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 1 of 4
Islamorada, Village of Islands Third Amendment to Contract
For Local Police Services
under Section 5 herein. However, 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 Islamorada
municipal budget for FY 2017 -2018 and make timely provision to secure the funds necessary to
fund the contract. Village will pay 2/12 of the total contract price to the Clerk of Court no later
than October 26, 2017 and thereafter Village 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, Village'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- 2016" 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 remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Third Amendment upon the terms and conditions above stated on the day and year last below
written.
SIGNATURE PAGE FOLLOWS
Page 2 of 4
Islamorada, Village of Islands Third Amendment to Contract
For Local Police Services
zb I I
Attest:
By: &W, � N��
illag Clerk
Date: I����2,5� Z� , W
Approved as to form and legal sufficiency for the
Use and benefit of Islamorada, Village of Islands:
By:
Village Attorney
Date: 41A4 j) 5 T 7
MONROE COUNTY SHERIFF'S OFFICE:
By:
Richard A. Ramsay, Sheriff
Date: A � . 3 o 7 l! �j /,
Monroe County Sheriffs Office
Approved as to #oxagn
McCullah, General Counsel
Page 3 of 4
Islamorada, Village of Islands Third Amendment to Contract
For local Police Services
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B
Mayor /Chairman
Date: 18, as , 7
Attest: Kevin Madok, Clerk of Court
By:
Deputy Clerk
I t a- ►
'ATTORNEY
FORM
By: ✓ �.tiGl
Assist _ t County Attorney
Date:
Page 4 of 4
Islamorada, Village of Islands Third Amendment to Contract
For Local Police Services
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Islamorada, Village of Islands Third Amendment to Contract
For Local Police Services
Exhibit "A -2017
23-MY-17
Updated by; Lisa Knowles - 3117117 vi
BUDGET - ISLAMORAOA
2 YEAR COMPARISON FOR FYE 2017 TO FYE 2018
ADOPTED
PROPOSED
BUDGET
BUDGET
DIFFERENCE
FYE 2017
FYE 2018
+ OR I -)
PERSONNE1, SERVICES
Headcount
16,0
18.0
Executive Salary
RepularSalerles
1,084,781
1,103,008
18,227
Overtime
58,123
81,488
2,365
Incentive
11,760
12,240
480
Employer Taxes
88,408
60,020
1,612
Retirement Contribution
252,819
260,567
7,768
Life & Health Insurance
2,000
2,000
Unemployment Compensation
Total Personnel Services
1,498,891
1,529,343
30,452
OPFAATINrz EXPENSES
Expenses Other Then Salaries
Profesalwal Ssarvlm
4,750
4,750
Other Contractual Sewoes
ImrosWations
Travel & Per Clem
1,500
1,500
Communications
0,500
6,600
Freight & Postage
100
100
Utlfity Services
Rentals
Insurance
34,600
34,600
Repairs & Maintenance
64,791
64,701
Printing
AdverWrtg
Oifies Supplles
2,050
2,050
Operating Supp%es
12,155
?2,186
So"SubseripponsWiembershtps
1000
1,000
Tulrbn
Training
2,000
2,000
Total OperaBng Expenses
132,476
132,470
CAPITAL QLJLAY
Other building Improvements
Automobllae/MachinerylEquip.
86,569
86,968
Total C9pital Outlay
B6,969
86,969
OTHER USES
Aids to Government Agencies
Aids to Private Organizations
Inhagovemmental Transfers
ToW Other Uses
TOTAL SHERIFF'S BUDGET
1,718,336
1,748,798
30,452
COUNTY COSTS:*
- Health Insurances
169,820
211,647
41,727
- Worker's Compensation
55,783
46,62D
(9,173)
- County Afk=tloa
Tobt County E)"n8es
225,713
258,267
32,554
*Ewwates
TDTAL BUDGET
1,944,949
2,007,055
63,006
Exhibit "1"
CONTRACT FOR LOCAL POLICE SERVICES
Between
MONROE COUNTY SHERIFF'S OFFICE,
MONROE COUNTY
And
ISLAMORADA, VILLAGE OF ISLANDS
FY 2014 -2019
1. Purpose
1.1 This is an agreement between Islamorada, Village of Islands ( "the
"Village ") a Florida municipality, the 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 "). The parties have
herein agreed that the Village will purchase, and MCSO will provide,
local law enforcement services to the Village in addition to the regional
police services provided to the residents of the unincorporated areas of
Monroe County. The County as fiscal authority shall provide the
appropriate budget allocation for the MCSO and receive payments from
the Village. This Contract states the terms of the agreement between
the parties.
2. Parties/Notice
2.1 The parties to this Contract are County, the Village and MCSO. Any
and all communications required to be provided shall be directed to the
parties as follows:
Islamorada, Village of Islands
Maria T. Aguilar
Village Manager
86800 Overseas Highway, Third Floor
Islamorada, Florida 33036
Telephone: (305) 664 -6410
Facsimile: (305) 664 -6464
Monroe County Sheriff's Office
Richard A. Ramsay
Sheriff
5525 College Road
Key West, Florida 33040
Telephone (305) 292 -7001
Facsimile: (305) 292 -7070
Page 1 of 17
Monroe County
Roman Gastesi
County Administrator
1100 Simonton Street
Key West, Florida 33040
(305) 292 -4441
(305) 292 -4544
3. Term
3.1 The term of this Contract is for a period of five (5) years, beginning on
October 1, 2014 and ending September 30, 2019.
4. Termination and Remedies
4.1 In the event that either party breaches a material term or condition of
this Contract, the party in breach, upon receipt of a written request from
the non - breaching party, shall remedy the breach within thirty (30) days
of receipt of the request. If the breach is not cured within the specified
time period, the non - breaching party may utilize the remedies of
declaratory judgment, specific performance, mandamus or injunctive
relief to compel the breaching party to remedy the breach.
4.2 Either party may terminate this Contract at any time by giving written
notice of at least one (1) year prior to the effective date of termination.
In the event that this Contract is terminated for convenience,
compensation shall remain at the agreed upon amount provided herein.
Should the termination period extend into a new fiscal year, the terms
of compensation shall be made in accordance with Section 21.1.
4.3 The parties reserve all available remedies afforded by law to enforce
any term of condition of this Contract. The parties shall submit to the
dispute resolution procedures of Chapter 164, Florida Statutes, prior to
the filing of any legal proceeding.
5. Scone of Purchased Services
5.1 MCSO shall provide professional police road patrol services (the
"Services ") throughout the Village. Services shall be provided by a
contingent (the Islamorada District) consisting of:
One (1) Captain who serves as Village Police Chief,
One (1) Lieutenant;
Four (4) sergeants;
Page 2 of 17
Ten (10) contract deputies, who shall serve as road patrol officers,
marine officers and general case detectives; and
Additionally, MCSO shall provide, at no cost to the Village, two (2)
regionally funded road patrol deputies with regional responsibilities.
5.2 Road patrol services shall be provided 24 -hours per day on every day of
the term of the Contract. The Islamorada 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
names, hours worked by every member of the Islamorada District as
well as a general activity breakdown of incidents and activity occurring
in Islamorada during the reporting period.
5.3 The staffing plan for this Contract is designed to utilize the proper
number of officers to maintain shift coverage considering planned and
unplanned absences due to injury, illness, vacation, training and family
medical leave. The staffing schedule shall be determined by the
Manager in coordination with the Islamorada District Captain. The
Captain shall make all reasonable efforts to coordinate training, sick
leave, annual leave and administrative leave, to provide optimum
services to Islamorada. If, despite these efforts, a shift remains unfilled
or falls below minimal staffing levels, the Captain shall notify the
Manager. The Manager may choose to fill any vacant position 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 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 Contract, the Village may elect to
have a canine unit in order to enhance the services provided herein. To
this end, the Manager, through the District Captain, may authorize the
use of a canine unit, with the actual costs to be borne by the Village and
the Village shall reimburse MCSO should the canine unit costs exceed
the budgeted amounts specified in this Contract.
Page 3 of 17
6. Overtime /Off Duty Details
6.1 In addition, the parties recognize that a law enforcement agency 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 well as other instances when the
Village may wish to enhance services to address a particular issue or to
provide adequate patrol 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.
6.2 Nothing in this Contract shall require MCSO to take any action contrary
to any collective bargaining agreement to which MCSO is a party, to
the collective bargaining rights of any MCSO employee, or federal,
state, or local employment or civil rights law.
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.
7. Additional Services
7.1 MCSO shall provide such professional police services which shall
encompass all those duties and functions of the type coming within the
jurisdiction of, and customarily rendered by municipal police
departments 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 also provide the following services to the
Village at no additional charge or expense, on the same basis as they are
provided to all residents of Monroe County who pay County -wide taxes
for these services.
a. Aviation / Air trauma transport
b. Mobile Command Post
C. Bailiffs and other court personnel
d. Bomb squad
e. Civil process services
f. Crime scene investigative / processing services
g. Crime Analyst services
h. Dive team services
i. Finance services
j. Hostage negotiation services
Page 4 of 17
k. Human resources services
1. Information technology
m. Internal investigations
n. Juvenile offender diversion services
o. Major crimes detectives and investigative services, including
homicide, arson, 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. Neighborhood and business Crime Watch services
q. Police canine services (if available)
r. Police dispatch, including 911 services
S. Police legal advisor
t. Prisoner detention and transport
U. Property and evidence processing and storage
V. Public Information Officer services
W. Records and data entry functions for all MCSO records,
including traffic tickets
X. School Resource Officers and DARE instructors
Y- SWAT team services
Z. Traffic enforcement unit services
aa. Training
bb. Field Force Unit
8.
Assignment of Personnel and Selection of District Captain
8.1 MCSO recognizes the desire of the Village that the Islamorada District
be composed of officers who are well acquainted with the Village and
its residents and with whom the residents can establish face -to -face
rapport and long -term relationships. The Village recognizes the
obligation of MCSO to treat all officers fairly concerning request for
transfer and career advancement, and to maintain order and discipline.
MCSO shall endeavor to establish and maintain a stable 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 be afforded the opportunity to review personnel
records, training records and disciplinary records of those officers
assigned to or requesting assignment to the Islamorada District and shall
be a member of their 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 seek to fill that vacancy as expeditiously as possible in
compliance with MCSO's guidelines, hiring and promotional policy,
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 Captain and Lieutenant
9.1 Should the need arise for the selection of a District Captain or
Lieutenant, the selection procedure is as follows:
a. The Village Manager and MCSO shall jointly evaluate all
preliminary candidates for consideration for District Captain
and Lieutenant. In keeping with the terms outlined in
Section 8.1 herein, the Village Manager shall have the
opportunity to participate in the process whereby MCSO
determines the list of qualified applicants from which the
Sheriff shall make his selection for District Captain and
Lieutenant in consultation with the Village Manger.
b. MCSO shall present to the Manager a list of at least three (3) and
no more than five (5) qualified applicants who, in accordance
with MCSO policy, are qualified and have applied to serve in
the desired capacity. The names of these officers, together with
their personnel 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.
C. The Manager 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 Regarding Officers
10.1 MCSO is committed to maintaining a high standard of conduct and
professionalism for its officers. Complaints regarding officers shall be
promptly and thoroughly investigated by MCSO. Elected officials and
employees of Islamorada shall not undertake investigations of any
MCSO personnel. Any complaint against an officer in the Islamorada
District must be directed to the Captain. The Captain shall inform the
Manager of the nature of the complaint, advise the Manager of action
taken and provide a written report of the investigation and resolution of
Page 6 of 17
the matter upon completion. If the complaint concerns the Captain, the
Manager may take the matter directly to the Undersheriff.
11. Responsibility for Ultimate Control
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, hiring, 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 Islamorada Charter, no elected official or employee
of Islamorada may direct the actions of any officers of the Islamorada
District. Direction from Islamorada to members of the Islamorada
District shall be given by and through the Manager to and through the
District Captain in accordance with the terms of the Contract.
12. MCSO Responsibilities
12.1 MCSO shall work together with Islamorada to direct police services to
meet the expressed needs of the residents of Islamorada. The Captain
shall meet with the Manager frequently to learn of community concerns
and shall work closely with the Manager to devise plans and methods
best suited to respond to those concerns. The Captain shall be a member
of the Manager's Senior Management Team.
13. Officers not Employees or Agents of Islamorada Village of Islands
13.1 All officers and other personnel employed by MCSO to perform
services under this Contract are and shall remain in the sole employment
of MCSO and no such person shall be considered in the employ of
Islamorada for the purpose of any pension, insurance, civil service,
workers' compensation pay or other benefit. MCSO officers are not
agents or employees of Islamorada, and will not have the authority to
enter into agreements or make policy on behalf of Islamorada.
Accordingly, the Village shall not be called upon to assume or share any
liability or direct payment of any salaries, wages, contribution to
pension funds, insurance premiums or payments, workers compensation
benefits under Chapter 440, Florida Statute, or any other amenities of
employment to any Monroe County personnel performing services,
duties and responsibilities pursuant to this Contract.
Page 7 of 17
14. Enforcement of Municipal Ordinances
14.1 Islamorada does hereby vest in each sworn officer of MCSO who, from
time to time, may be assigned to the Islamorada District of MCSO, to
the extent allowed by law, the police powers of Islamorada which are
necessary to implement and carry forth the services, duties and
responsibilities imposed upon MCSO hereby, for the sole and limited
purpose of giving official and lawful status and validity to the
performance thereof by such sworn officers. Each sworn officer of
MCSO so empowered hereby and engaged in the performance of the
services, duties and responsibilities described and contemplated herein
shall be deemed to be a sworn officer of Islamorada while performing
such services, duties and responsibilities which constitute municipal
functions and are within the scope of this Contract. Accordingly, such
sworn officers of MCSO are hereby vested with the power to enforce
the ordinances of Islamorada, to make arrest incident to the enforcement
thereof and to do such other things and perform such other acts as a
necessary with respect thereto.
14.2 The Village agrees to provide MCSO six (6) copies and every member
of the Islamorada District one (1) copy of such ordinances as enacted by
Islamorada. Further, Islamorada agrees to provide the Captain, the
Undersheriff and MCSO General Counsel the text of proposed
ordinances in time sufficient 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.
15. Legal Claims. Notices 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 Marking of Patrol Vehicles and Vessels
16.1 MCSO shall ensure that every member of the Islamorada District is
provided with a fully equipped marked patrol vehicle, as well as
uniforms. Personnel assigned to Islamorada shall be provided uniforms
consistent with those uniforms issued to other MCSO uniform personnel
including specialty uniforms for marine and bicycle patrol with the
following exception. In lieu of the standard MCSO deputy patch,
officers assigned to the Islamorada District will wear a patch on the left
Page 8 of 17
shoulder depicting the Islamorada, Village of Islands Official Village
Seal.
17. Records/ Inspection /Audit
17.1 MCSO shall keep records with respect to the expenditure of funds 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 records on expenditures
under this Contract in accordance with generally accepted accounting
standards, generally accepted government accounting standards, MCSO
policies and procedures, state retention 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
intended site visit and the identification of the specific records to be
inspected.
17.3 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 the Village to ensure compliance with applicable accounting
and financial standards.
18. Compensation
18.1 Islamorada agrees to pay the sum of One Million Eight Hundred Fifty
Six Thousand Four Hundred and Ninety Five Dollars ($1,856,495.00)
for services, equipment and supplies provided during the first year of
this Contract (10/1/2014 - 9/30/2015). This sum is referred to as the
"Contract Price."
18.2 An analysis of the cost is provided on Exhibit "A- 2014" attached hereto.
Care has been taken to include in Exhibit "A- 2014" all personnel cost
and every item of equipment and supply necessary to provide services
called for in this Contract, including those provided under Section 5
herein. However, any cost item not listed on Exhibit "A- 2014" 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- 2014" in
the Islamorada municipal budget for fiscal year 2014 -2015 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 Monroe
County Clerk of Court no later than October 26, 2014, and thereafter
Page 9 of 17
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.
18.4 MCSO will provide a fully marked and properly equipped police vehicle
for each member of the Islamorada District. Islamorada will pay all
monthly vehicle lease costs to MCSO and will pay for fuel, maintenance
and other operating costs actually incurred by the County on the
Village's behalf, as outlined in this Contract.
18.5 Vehicles currently assigned to the Village by the Sheriff's Office shall
be amortized over a five -year (5) replacement cycle. At the end of each
replacement cycle, the Village shall have the option, in its sole
discretion, to take title to the vehicles.
18.6 The Village shall have the right to participate in MCSO's 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, SUVs,
hybrids, etc., in accordance with MCSO vehicle specifications.
18.7 At the sole discretion of the Village, the Village may elect to purchase
vehicles directly using MCSO vehicles specifications, as they may
change from time -to -time. If the Village so elects to purchase the
vehicles, the Village will notify MCSO in order for MCSO and the
Village to coordinate the transition of the existing vehicles with the
Village for the following fiscal year. If the Village elects to directly
purchase these vehicles, the title for these vehicles purchased by the
Village will be subsequently transferred to MCSO for the sum of one
dollar for each and for the duration of the Contract. The Village will
pay for any fuel, maintenance and other operating costs actually
incurred by the County on the Village's behalf, as outlined in this
Contract. After expiration or termination of the Contract, and if there is
no renewal of the Contract, MCSO agrees to transfer title to all vehicles
originally purchased with Village funds back to the Village for the sum
of one dollar for each and provide the Village with copies of all current
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 continue 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 pursuant to
this Contract. In the event that a vehicle originally purchased with
Village funds and subsequently titled to MCSO is damaged beyond
repair or "totaled" according to MCSO criteria, such vehicle will be
replaced with a vehicle that is similar in terms of make, model, age,
mileage, and condition from the existing fleet. Furthermore, these
vehicles that were originally purchased with Village funds and
Page 10 of 17
subsequently titled to MCSO will be retired according to MCSO
policies. The Village will be responsible for replacing these vehicles as
they are retired. MCSO will notify the Village of the number of vehicles
anticipated for retirement. Retired vehicles will be transferred back to
the Village for the sum of one dollar for each vehicle.
19. Cost Reports and Cost /Contract Price Options
19.1 MCSO shall provide Islamorada monthly financial reports including
ADP payroll reports detailing all cost incurred by MCSO to provide
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
commitment to MCSO to pay for continuation of services as
agreed to by Islamorada and MCSO.
20. Year —End Reconciliation
20.1 At the end of each fiscal year, incurred costs shall be reconciled with
total payments made by Islamorada. MCSO external auditors will
determine the final balance. If incurred costs exceed total payments,
Islamorada will reimburse MCSO for the excess cost. If total payments
exceed incurred costs, MCSO shall reimburse Islamorada for the excess
payment amount. This reconciliation shall include both MCSO and
County cost portions of the annual budget.
21. Future Year Pricing
21.1 Islamorada and MCSO shall negotiate payment for the second, third,
fourth and fifth years of the Term of this Contract in time sufficient for
preparation of budgets and tax rolls. When agreement is reached, the
Manager shall prepare a memorandum stating the new terms and
acknowledging Islamorada's acceptance of them. An amendment of this
Contract signed by the parties shall be sufficient to amend the financial
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 payments for future years on a
timely basis, this Contract will terminate on September 30` of the
current Contract year by written notice.
Page 11 of 17
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 time
to time.
23. Florida Contraband Forfeiture Act Proceeds
23.1 The parties shall determine an equitable share for the Village of
proceeds of any forfeiture pursuant to the Florida Contraband Forfeiture
Act in cases involving the participation of officers assigned to the
Islamorada District. This share shall be based upon the ratio that the
Islamorada District's participation bears to the participation of all law
enforcement agencies participating in the criminal case, seizure and
subsequent forfeiture. This share shall be deposited by MCSO into the
Sheriff's Law Enforcement Trust Fund for the Sheriff's use in
Islamorada. Islamorada may apply to the Sheriff for the use of such
funds consistent with the limitations of the Contraband Forfeiture Act.
The Sheriff agrees to submit such request to the Monroe County Board
of County Commissioners for appropriation, and upon appropriation,
will use the funds for the intended purpose.
23.2 The parties agree that the decision to use or dispose of personal or real
property, or currency, seized within Islamorada shall be in the sole
discretion of MCSO. If MCSO elects to use seized personal property
outside of Islamorada or to sell seized real estate within Islamorada,
MCSO shall allocate funds to the Law Enforcement Trust Fund (LETF)
in such amount equal to Islamorada's equitable share of the market
value of the property less liens, mortgages, encumbrances and cost to
MCSO for the seizure and forfeiture. In both cases the allocated share
shall be earmarked for use by MCSO within Islamorada.
23.3 MCSO will make every possible good faith effort to provide the Village
with periodic reports detailing all pending forfeiture or seizure cases
within the Village, the status of such cases, and all real and personal
property, and currency or funds forfeited or seized.
24. Indemnification
The Village, as a state agency or subdivision defined in Section 768.28, Florida
Statutes, agrees to be fully responsible to the limits set forth in such statute for
its own negligent acts or omissions, or intentional tortuous actions, which result
in claims or suits against either MCSO or Village, and agrees to be liable to the
statutory limits for any damages proximately caused by said acts or omissions,
or intentional tortious acts.
MCSO, as a sub - division of the State of Florida, as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible to the limits set forth in such
Page 12 of 17
statute for its own negligent acts or omissions, or intentional tortuous acts,
which result in claims or suits against either the Village or MCSO, and agrees
to be liable to the statutory limits for any damages proximately caused by said
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.
25. Transition
25.1 In the event of the termination or expiration of this Contract, MCSO and
the Village shall cooperate in good faith in order to effectuate a smooth
and 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 less 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
through its own police force at the time of the termination or expiration,
the term of this Contract shall be extended upon the written request of
the Village Manager in 90 day increments or until the Village is capable
of rendering the police service.
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 the parties.
26. Station Facilities and Office Expenses
26.1 The Village shall provide station facilities for the Islamorada District to
operate. The Village shall provide a qualified civilian administrative
assistant employed by Islamorada to assist the District Captain. When
not engaged in performing the work of the Islamorada 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.
Page 13 of 17
27. Law Enforcement Educational Assessments
27.1 All law enforcement education funds levied and collected by the Clerk
of the Court and earmarked for Islamorada pursuant to Section 943.25
Florida Statute shall be assigned 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. Mutual Aid.
28.1 The parties recognize their obligation to provide emergency assistance
to other jurisdictions (including without limitations the Cities of Key
West, Marathon, Key Colony Beach, Layton, the Ocean Reef Public
Safety District, unincorporated 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 Islamorada District officers to render aid in either
case in a manner consistent with the deployment by MCSO of other
MCSO officers without financial 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
officers' actual personnel costs. Should MCSO bring in officers from
other jurisdictions to render 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.
29. Paragraph Headings Not Dispositive
29.1 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.
30. No Presumption Against Drafter
30.1 The parties agree that this Contract has been freely negotiated by both
parties, and that in any dispute over the meaning, interpretation, validity
or enforceability of this Contract or any of its terms or provisions, there
shall be no presumption whatsoever against either party by virtue of
their having drafted this Contract or any portion thereto.
Page 14 of 17
provisions, there shall be no presumption whatsoever against either
party by virtue of their having drafted this Contract or any portion
thereto.
31. Entire Agreement /Modification /Amendment
31.1 This writing contains the entire Agreement of the parties and
supercedes any prior oral or written representations. No
representations were made or relied upon by either party, other than
those that are expressly set forth herein.
31.2 No agent, employee, or other representative of either party is
empowered to modify or amend the terms of this Agreement, unless
executed with the same formality as this document.
31.3 This Contract may be modified at anytime during the term of mutual
written consent of both parties.
IN WITNESS WHEREOF, the parties have executed this Contract as of the
dates indicated below.
MONROE COUNTY SHERIFF'S OFFICE
By: - -
Richard A. Ramsay
Date Executed:
MONROE COUNTY SHERIFF'S OFFICE
APPROVED A&TO FORM
By:
Page 15 of 17
ISLAMORADA, VILLAGE OF ISLANDS,
A Florida Municipal Corporation
B :
Mayor
Date Executed: C) i5 � I
ATTEST:
By:_
Viftage GT. rk
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
BENEFIT OF ISLAMORADA,
VILLAGE OF ISLANDS
By:
Villagmey
Page 16 of 17
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
M or/ airman
Date: 060 6eY 17
Attest: Amy Heavilin, Clerk of Court
By: A
:Deputy Clerk-
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
By:
County Attorney
Date:
MONROE COUNTY ATTORNEY
AP �OVE AS TO F RM:
i
HIA L. hALL
ASSISTA T OUNTY ATTORNEY
Date j '
Page 17 of 17
Fx =� d- - 201y
29- Jul -14
Updated by: Lisa Knowles - 7125H4 (v6)
BUDGET - ISLAMORADA
2 YEAR COMPARISON FOR FYE 2014 TO FYE 2015
ADOPTED
PROPOSED
BUDGET
BUDGET
DIFFERENCE
FYE 2014
FYE 20
+ O R (.)
PERSONNEL SERVICES
Headcount
16.0
16.0
Executive Salary
-
Regular Salaries
1,030,397
1,040,852
10,455
Overtime
52,689
56,827
4,138
Incentive
14,039
14,400
361
Employer Taxes
83,930
85,074
1.144
Retirement Contribution
200,096
217,402
17,306
Life & Health Insurance
2,000
2,000
-
Unemployment Compensation
_
_
Total Personal Services
1,383,151
1,416,555
33,404
OPERATING EXPENSES
Expenses Other Than Salaries
_
Professional Services
4,750
4,750
Other Contractual Services
_
Investigations
_
Travel & Per Diem
1,500
1,500
-
Communications
9,500
9,500
Freight & Postage
100
100
Utility Services
_
Rentals
_
Insurance
34,600
34,600
-
Repairs & Maintenance
64,791
64,791
Printing
-
Advertising
_
-
Office Supplies
2,050
2,050
Operating Supplies
12,185
12,185
-
Books/Subscriptions/Memberships
1,000
1,000
Tuition
Training
2,000
2,000
Total Operating Expenses
132,476
132,476
CAPITAL OUTLAY
Other Building Improvements
_
Automobiles/Machinery/Equip.
86,969
86,969
Total Capital Outlay
86,969
86,969
OTHER USES
Aids to Government Agencies
-
_
Aids to Private Organizations
Intragovemmental Transfers
Total Other Uses
TOTAL SHERIFFS BUDGET
r
1,602,596
1,636,000
33,404
COUNTY COSTS:*
Health Insurances
151,680
151,680
.
Worker's Compensation
47,793
68,815
21,022
County Allocation
_
Total County Expenses
199,473
220,495
21,022
`Estimates
TOTAL BUDGET
1,802,069
1,856,495
54,426