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Item K2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: r 162015 ML-S cmhc,— Division:. Monroe Counjy Sheriff's Office Bulk Item: Yes X No ONE AN Immimill R, -I I I & I alumlijo ITEM BACKGROUND: Contract for Local Police Services. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved a (5) year Contract for Local Police Services and the price revisions for the contract in the past. CONTRACTIAGREEMENT CHANGES: This is for a contract for FY2014-2019 TOTAL C1ST1.1,882 539 INDIRECT COST: BUDGETED: Yes x No MI W 9:4.0-4 311111 , � 1# # 2,-] Dl:s ajq�,j N/A COST TO C1UNTY:50.00 SOURCE OF FUNDS: REVENUE PRODUCING- Yes X No . . ......... AMOUNT PER MONTH Year APPROVEDBY: County Atty!t/OMB/Purchasinga RiskManagement DOCUMENTATION: Included —,',K.. Not Required DISPOSITION: AGENDA ITEM # W0715T., COIN'TRACT REVIEW Changes Date Out Date In Needed Re i er Division Director YesR No[:] Risk Management YesM No[3 O.M.B./Purchasing Yes[j NoN6 kja CountyAttorney 706�' Yes[] No[2g 'T" F113PPA This First Amendment to Contract for Local Police Services between Islarnorada, Village of Islands, Monroe County Sheriffs Office, and Monroe County, is made and entered into as of the date last written below by and between Islarnorada, Village of Islands, Florida, a municipal corporation of the State of Florida (the "Village"), Monroe County Sheriffs Office ("MCSOI), a subdivision of the State of Florida, and Monroe County, a political subdivision of the State of WITNESSETH WHEREAS, In October 2014 the Village entered into a five year Contract for the provision of Local Police Services with MCSO and Count*k*1A.�IR-ai".r. , �90pwi,t1,I Iif Rttached as Exhibit "I," and 'A 1 11 1' 1 LktLm�&_RiKPIIMI Ito t. 161 W, 0 P1 b WHEREAS, the Villaae desires to aw (;;rrd tIIII-e Cc - - 1111 Q-r- I �0 NOW THEREFORE, in consideration of the mutual covenants set forth in this First Section 1. Amendment to Agreement. . Section 18 of the Contract is amended to read 18.1 Village agrees to pay the sum of SI,882,539.00 One Million Eight Hundred Eighty Two Thousand and Five Hundred Thirty Nine Dollars) for services, equipment and supplies provided during the second year of this Contract (1 0/l/2015-9/30/2016). This sum is 18.2 An analysis of the cost is provided on Exhibit "A-2015" attached hereto. Care has been taken to include in Exhibit "A-2015" all personnel cost and every item of equipment md supply necessary to provide services called for in the Contract, including those provided Page 1 of 4 'slimirgda, Village -if isiRxts ri?X A?-.e;%Ime;%t tT. Untra For Local Police Services I under Section 5 herein. However, any cost item not listed on Exhibit "A-2013" 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-2015" in the Islamotada municipal budget for FY 2015-2016 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, 2015 and thereafter Village will pay 1/I2 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 vear of the term. s�*** Seedon 2. Second Year Pa nt Terms. Exhibit "A-201 " of the Contract is replaced in their entirety with replacement Exhibit "A-2015" dated June 24, 2015, attached. All references to Exhibit "A" in the Contract shall be from October 1, 2015 forward refer to the replacement Exhibit "A-2015". 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 WffINESS WEIMOF, the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated on the day and year last below written. Page 2 of 4 ml 0 Date: i=lm.m�il an r . Fri I =42. I nl &fit I . By. Rage Attorn Date: Page 3 OF 4 blamcrada, Village of Islands First Amendment to Contract For Local Police Services BOARD OF COUNTY C-OMIMSSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman Date: Attest. Amy Heavi&, Clerk of Court By: — ------ Deputy Clerk - Date: (SEAL) MONROE COUNTY ATTORNEY "PROVED AS TO FORM By: Date: X0 15, Page 4 of 4 Islamorada, Village of islands First Amendment to Contrm For Local Police SeWices &�LLj4- Between MONROE COUNTY SHERIFFS OFFICE, JMONROE COUNTY And ISLANIORADA, VILLAGE OF ISLANDS FY 2014-2019 1.1 This is an agreement between Islamorada, Village of Islands ("the "Village") a Florida municipality, the Mooroe County Sherilrs Ofnce ("MCSU') a subdivision Of the State of Florida, and Monroe County a political subdivision of the State of Florida ("County'l. The parties have horein agreed that tile 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 unincorporatcd areas of Monroe County- The County as fiscal authority shall provide the appmpriate budget allocation for the MCSO and receive payments from the Village. This Contract states the terms of the agreement between the parties. 2. art P -rtic-sNotice. 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 Highwa&-n�wq-Fkw Islamorada, Florida 33030 Telephone: (305) 664-6410 Facsimile. (305) 664-6464 Richard A. Ramsay Sheriff 5525 College Road Key West, Florida 33040 Telephone (305) 292-7001 Facsimile: (305) 292-7070 Monroe County Roman Gastcsi County Administrawr 1100 Simonton Street s, f4 .1p (305) 292-4441 (305) 292-4544 .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 ihat either party breaches a material term or condition of this Contract, the party in breach, upon receipt of a written request firom 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 speced tirne period, the non -breaching party may utilize the remedies of declaratory judgment specc performance, mandaimus or injunctive refief 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 cffcctive date of tcrminatiotL In the event that this Contract is terminated for convenience, compensation shall remain at the agrcW 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 2 1. 1. 3 The parties reserve all available remedies afforded by law to enforce any term oil condition of this Contmct. The parties shall submit to the dispute resolution procedures of Chapter 164, Florida Statutes, prior to the filing of any legal proceeding. 5.1 MCSO shall provide professioral police road patrol services (the "Services") throughout the Village. Services shall be provided by a contingent (the Islamorada District) consisting of- 33��� 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 regionally funded road patrol deputies with regional responsibilities, 5.7 Road patrol scrviecs shall be provided 24-bours per day on every d of the term of the Contract. The Islamorada District Captain, in clo - cooperation with the Village Martager (the "Manager,") shall pl schedules for the Islamurada District. Tbe Captain will provide t Manager with the plumed schedule and monthly reports containing names, hours worked by every member of the Islamorada District well as a general activity breakdown of incidents and activi occurring in Islamorada during the reporting period. 5.3 The staffing plan for this Contract is designed to utilize the proper nwnber of officers to maintain shift coverage considering planned and unplamcd absences due to Wury, illness, vacation, training and family medical leave. The staffing scbedulc shall be determined by the Manager in coordination with the Islarnorada District Captain. The Captain sball make all reasonable efforts to coordinate training, sick leave, annual leave and admiriistrwive. leave, to provide optimum services to Islamorada. If, despite these efforts, a shift remains unfilled or falls below n&imal staffing levels, the Captain shall notify the Martager. The Manager may choose to fill any vacant position by either of the following methods: 2. 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 prevang 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 or&-r to enhance the services provided herein. To this end, the Manager, through the District Captain, may authorize the LLse of a canine unit, with the actual costs to be bome by the Village and the Village shall reimburse MCSO should the canine unit costs exceed the budgeted amounts specified in this Contract. 6. Overtimeloff Duq° Details. addition, the parties Tecogaize that a law enforcement e requires flexibility in order to meet its obligations to the public' A Village hosts several special events each year for which supplement law enforcement personnel are needed, as well as other instances wh the Village may wish to enhance services to address a particular is C i ist or to provide adequate patrol staffing levels. To this end, e 9 through the District Captain, may authori7z the use of paid overti hours based on actual personnel costs to provide for this enhancem of smicc. The cost of these overtime hours will be bomc by Village and the Village shall reimburse MCSO should the overt' hours exceed the normally budgeted overtim tre figure specified in Conact. 6.2 Nothing in this Contract shall require MCSO to take any acti contrary to any collective bargaining agreement to which MCSO is party, to the collective bargaining rights of any MCSO employft, federal, state, or local employment or civI rights law. I U The Captain or his designee shdil attend the Manager's weekly s meetings and such other meetings as the Mawgcr shall reasona request, c.g- those of the Village Council. 7. Adfitional Scrvices, 7.1 MCSO shall provide sueft professional police services which shall encompass all those duties and functions of the type coming within the jurisdiction of, and customarily tendered 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 traurna transport b. Mobile Command Post C. Saffiffs and other court personnel d. Bomb squad C. Civil process services r. Crime scene investigative / processing service--., 9. Crime Analyst services h. Dive team services L Finance services MUM j. Hostage negotiation services L 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. Y. 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 M rraining bb. Field Force Unit AssigLiment of Personnel and Selection of IN r:kq(,jjptUjn 8.1 MCSO recognizes the desire or the Village that the Islamorada District be composed of offlicers who are well acquainted with the Village and its.residents and with whom the residents can establish face-to-face rapport and long-tenn relationships- The Village recogni2es the obligation of MCSO to treat all officers fairly concerning request for transfer and career advancement, and to maintain ordcr and discipline. MCSO shall endeavor to establish and maintain a stablc contingent of officers in the Islamorada District. 8.2 The Village Manager shall play an integral part in the selection of officers for msignment to and promotion within the Islarnorada District. The Manager shall be affbrded 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 mcmbcr of their selection and promotional boards. RA In addon MCSO shall make every effort to keep budgeted Contract positions in the Islamorada District stafted and, when a vacancy does occur, will seek to fill that vacancy as expeditiously as possible in 1TMEA Awl 111111 v vacancy shall be filled wn sixty (60) days. Procedure fur Selection 0 District C _t-gaptain and Lieutenant, %..I Should the need arise for the selection of a District Captain or Lieutenant, the selection procedure is as follows: R. The ViOage Manager and MCSO shall jointly evaluate all preliminary candidates for consideration for District Captain and Lieutenant. In keeping with the terms outlined in Scction 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 fbr District Captain and Licutenant in consultation with the Village Monger. b. MCSO shall present to the Manager a list of at least Iffih=ree and no more than five (5) qualified applicants who, accordance with MCSO policy, are qualified and have appli to serve in the desired capacity. The names of the&w office together with their personnel files, training records, disciplinary records will be provided to the Manager review. The personnel files of any NICSO officer shall made available upon request for review by the Manager. C. The Manager may interview each candidate, separately together. Each candidate must be given comparab opportunities for interviews and presentations. d. MCSO shall appoint the candidate selected by the Shcriff, i consultation with the Village Munger, to fill the vacancy compliance with MCSO promotional policy. 10. (L-UnIplainis g9k qrqiRa� ilfficers. 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 shah 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 inflaTm the Manager of the nature of the complaint advise the Manager of action taken and provide a written report of the investigation and rmlution WIlie matter on cirrnlilitVie gaWw"w, P--rgrtjir L-1 Lwgy) 1-40 1 I It. llesplaty fqLFId ponsiY r ninte "a trot. �L 11.1 The Village understands, acknovAedues and agrees that MCSO must, at all times, have and maintain the s�le responsibility for, and control of all services hereunder, including without limitation, the establishment of standards of performance and conduct, hiring, pTontotion, discipline and termination, labor relations, as well as at other matters necessary or incidental to the performance of such services. 11.2 Consistent with the Islarnorsda Charter, no elected official or employee of Istamorada. tuay 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 temis of the Contract. 12. NICSO Re 20 %sponiNfifics. 12.1 MCSO shall work together with Islamorada to direct police services to meet the expressed needs of the residents of Ishunurada. The Captain shall meet with the Manager frequently to Imu of comulunity 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 u,, r A gents f Islarnoradg. Vill2ge 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 Dther benefit, MCSO officers are not agents or employees of Islarnorada, 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 liabty 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 responsibties pursuant to this Conuuct. 14. linforcouent of Nfunicip 15. 14.1 Islamorada does hereby vest in each sworn officer of MCSO who, from time to time, may be assigned to the Islamoruda District of MCSO, to the extent allowed by law, the police powers of Islamorada which are necessary to implement and carry forth the semices, dudes and responsibties imposed upon MCSO hereby, for the sole and limited purpose of giving official and lawfW status and validity to the performance thereof by such s*orn officers. Each sworn officer of MCSO so empowered hereby and engaged in the performance of the services, duties and responsibilities described and conternplated herein shall bc dccmed to be a sworn officer of Islamorada while performing such services, dudes and responsibilities which constitute municipal functions and are within the scope of this Contract Accordingly, such sworn officers of MCSO am 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 Islainorada District one (1) copy of such ordinances as enwed by Islamorada. Further, Islarnorada agFccs to provide the Captain, the Undershcriff and MCSO General Counsel the text of proposed ordinances in time sufficicrit for review and discussion with die Manager, MCSO wit] 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. 15.1 The parties shall provide each other with complete and prompt notification of any legaL claim, notice of suit or lawsuit that involves the provibion of services hereunder, and shall cooperate in the mutual defense of any such claim. 16. 1 niforms and rililarking or PatroIN'chirles and VesseLs. �iCl MCSO shall ensure that every member of the Islamorada District is provided with a fully equipped marked patrol vehicle, as well as unirorms. 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 I =1- IrlIsffiff-W-Iff-w—ear a patcH the left shoulder depicting the Islamorada, Village of islands Official ViUage Seal. 17. Records/ I B - ITI MCSO shall keep records with respect to the expenditure of funds by the Village and the services Itrovided to the Village under Contract. All of these records shall be retained by MCSO for r minimum of five (5) years from the date of termination or expirati of this Contract. MCSO shall maintain accounting records expenditures under this Contract in accordance with general a accepted accounting standards, gencrally accepted governme n accounting standards, MCSO policies and procedures, state retenti schedules and other applicable standards. 17.9 The Village Manager, or his ar her designee, may inspect and audit records if reasonabi le notice to MCSO. Reasonable notice shou include a written request no less than seven working clays prior to intended site visit and the identification of The specific records to inspected. 17.3 MCSO shall provide access to the Village Manager or his, or he le designee to the records during regular business hours. MCSO agre to provide the assistance, as may be necessary, to facilitate inspection or audit by the Village to ensure compliance with applicab accounting and financial standards. 18. com 18.1 Islamorada agrecs to pay the sum of One Nfillion Eight Hundred Fifty Six Thousand Four Hundred and Ninety Five Dollars ($1,856,4195.00) 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. Cam 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 Ustcd an Exhibit 014" or provided at no cost pursuant to Section 5 of this Contract will be itemized and billed separately to Islamorada. 183 Islamorada. shall include the total cost shown on Exhibit "A-2014" in the Islarnorada. municipal budget for fiscal year 2014-2015 and make timely provision to secure the fimds necessary to ftind the Contract. Page 9 of 17 oT40 WlffiTs MiFt7MWbTv—TW-;Z i IL—.R -01-i 8.4 MCSO will provide a fully marked and properly equipped police vehicle for each member of the Islamorsda 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 Contmet. 18.5 Vehicles currently assigned to the Village by the Sherifrs Office S be amortized over a five-year (5) replacement cycle. At the end I each replacement cycle, the Village shall have the option, in its so discretion, to takc: title to the vehicles. I 18.6 The Village sMI have the right to participate in MCSO's periodic vehicle fleet review in connection with any vehicles to be acquired a, - replaced for use wn the Islamorada District, in order to select the type of vehicles to he used, including the use of patrol cruism, SUVS, hybrids, cte., in accordancewith IMCSO vehicle specifications. 18.7 At the sole discretion of the Village, the Village may elect to purchase vehicles directly using MCSO vehicles speccations, 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 Mowing 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 or 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 an the VilLage's behalf, as outlined in this Contract. After cxWation or tennination of the Contract, and if there is no renewal of the Contract, MCSO agrees to tranqfcr title to all vehicles originally purchased with Village funds back to the Village for the sum of one dollar far each and provide the Village ivith copies of all current maintenance records. 1he sale of these vehicles back to the Village wifi 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 veWc1c originally purchased with Village fimds 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 make­moddayza�-,gy fleet. Furthermore '. these vehicles that were original ly pLuwrchased wi W, Village futids and subsequently filled to MCSO %vfll be re according it MCSO policies. The Village will be responsible replacing these vehicles as they are retired. MCSO will noti6- Village of the number of vchicles anticipated for retirtment. Retli vehicles will be transferred back to the Village for the sum of o dollar for cach vehicle. 19. Crjsrts Redd Cost Womitniri PH 19.1 MCSO shall provide Istamorada monthly financial reports including ADP payroll reports detailing all cost incurred by MCSO to provide services undcr this Contract. 19.2 If incurred costs equal ninety-five per cent (95%) of the total cost rucited in this Contract, then: a. MCSO may stop providing any of the services in order not to exceed the contract price or Islamora& may issue a written commitment to MCSO to pay for continuation of services as agreed to by Islamorada and MCSO. 20. Rgff�nciflatiyn. 20.1 At the end of each fiscal y=, incurred costs shall be reconciled with 'ar total payments made by ISLIZrada. MCSO external auditors will determine the final balance. If incurred costs exceed topayments, Islamomda will reimburse MCSO for the excess cosL IrtoLal 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 Prid- 21.1 Islamorada and MCSO shall negotiate payment for the second, thi fourth and fifth years of the Term of this Contract in lime sufficient preparation of budgets and tax rolls. When agreement is reached, Manager shall prepare a memorandum stating the new ten -as a acknowledging Islamorada's acceptance of them. An amendment this Contract signed by the parties shall be sufficient tDamend financial terms of this Contract� subject to all required approvals by governing bodies of the parties to this Contract. 21.2 If the parties are unable to agree on payments for future years on timelY basis, this Contract will terminate on September 301h of tki current Contract year by written notice. 22. Traffik M-nm and Forfeiture.%. 22.1 Ile parties acknowledge the Village's entitlement to fines and forfeitures pursuant to Morida Statutes §318.21, as amended from time to time. 21 Fikirida Cmatrahand Forfeiture ALI PrCPCOC.(jj. .......... 231.1 The parties shall determine an equitable share for the Village proceeds of any forfeiture pursuant to tho Florida Contm Forfeiture Act in cases involving the participation of officers assigpn to the Islamorada Di strict. This share shall be based uporL the ratio th the Islamorada District's participation bears to the participation of law eriffircement agencies participating in the criminal case, sciz: and subsequent forfeiture. This share shall be deposited by MCSO in gn L the Sheriffs Law Enforcement Trust Fund for the Sheriffs use i Islamorada. Islamorada may apply to the Sheriff for the use of su funds cowRistent vAth the limitations of the Contraband Forfbiture Ac The Sheriff agrees to submit such request to the Monroe County Bo of County Commissioncrs for appropriation, and upon appropriati will use the funds for the intended purpose. 23.2 Tbe 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 sei2ed real estate within Islamorada, MCSO shall Mocate funds to the Law Enforcement Trust Fund (LETF) in such amount equal to Islamorada's equitable sham of the market value of the property less liens, mortgages, encumbrances and cost to MCSO for the seizure and forfeiture. In both cases the allocatod share shall be eannarked ibr use by MCSO within Islamorada. 23.3 MCSO -AiU make every possible good faith effort to provide the Village with periodic reports detailing all pending forfeiture or seizurc cases within the Village, the status of suck cases, and 211 real and personal property, and currency or funds forfeited or seized. 24. Indeninification. statute for its own nealieeni ac "i owla, A 101 pti �7rgw 114'. j OT-in"9M acts or oraissions, or intentional tortious acts, Florida Statutes, agrees to be fidly responsible to the lirnits set forth statute for its own negligent acts or omissions, or intentional tortuous ac which result in elmi n&F-r-,yr-A's tlilh• li-ai&*g"A4ii)WtWM1lWy LLP---9--Ay•W �_i o babeo uoymtoanydamaproxmudba "b Tcts or omimions, or intentional tordous 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 Sialutes, 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. Tcansition. 15.1 In the event of the tennination or expiration of this Contract \4CS' I and the Village shall cooperate ia good faith in order to effectuate smooth and harmonious transition and to maintain during the transit! period, the same high quality of police protection prescribed by Contract for the residents, businesses and visitors of the Village. 25.2 Upon the termination or expiration of this Contract, the tranwsiti perind shall be no less than 12 months. 25.3 Upon completion of the t-ansition period and in the further event tdhl'; the Village is unable to provide the same level of local polui protection through its own pofice force at the time of the tcrminati or expiration, the term of this Contract shall be extended upon written request of the Village Manager in 90 day increments or un die Village is capable of rendering the police service. 25A The compensation to be paid to MCSO during the phase -out peri shall be a pro -rated at the time of termination or expiration, and sh be in an amount agreed to by the parties. 26. Staflon Facilities and Office Evne—eq, k,6.1 The 'Tillage shall provide station facilities for the Tslamorada Distfict to operate. The Village shall provide a qualified civan administrative assistant employed by Islamorads to assist the District Captain. VAien 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 "I be responsible for the entry traffic tickadda- i 27. Law Emforcen-tent Educationul Assessaments 27.1 All law enforcement education funds levied and coflected by the CIc or the Court and earmarked for Islamorada pursuant to Section 943. Florida Statute shall be assigned to and I or specifically allocated to Islarnorada District and used by the Islamorada District for la enforcement education and training purposes authorized by smtute. I 28. Mulunt Aid. 281 The parties recognize their obligation to provide emergency assistance to other jurisdictions (including mithout limitations the Cities of Key Wes% Marathon, Key Colony Beach, Layton, the Ocean Rccf Public Safety District, unincorporated Monroe County and any municipalities incorporated ia Monroe County after the effective date of this contract) pummt 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 Islarnorada District officers to other jurisdictions exceed 24 hours, the Vil lagc shatl 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 shaH 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. WIWITI M41 I . I I 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. 30.1 The parties agree that this Contract has been ftetly negotiated by both parties, and that in any di3pute over the meaning, inteTpTitation, validity or enforceabilky of this Contract or any of ; terms or 0'.-Mm-WA provisions, there shall be no presumption whatsoever againtt. eith] party by virtue of their having drafted this Contract or any porti thereto. 3L :n °re A7reement/hIod ificatian/Arn end meat. 31.1 This writing contains the entire Agreement of the parties superccdes any prior oral or written representations. representations were made or relied upon by either party, other th those that are expressly set forth herein. 312 No agent, employee, or other representative of either party empowered to modify or amend the terms of (his Agreement, unl I executed with the same formality as this document. 31.3 1-his Contract may be modified at anytime during the term of mut written consent of both parties. IN W11—NESS WHEREOF. the -ra-ties have QKCQUICd i%-fj1TtV-aL-a-9---Tf V 0 0 0 F. r R I ". ". R.M. J r- M.ONROE gAUNTY SHERIFF'S OFFICE MONROE COUNI V SIT EPJFPS OFFICE APPROVED AS -TO FORM 0 ISLAMORADA, VILLAGE OF ISLANDS, A Florida Municipal Corporation '00 Or FAW039 BENEFIT OF ISLAMORADA, VIU.AGIT or 1%.',A'KDS A; . ......... I OF NIONROE COUNTY, FLORIDA f Alor, vimian — — Date: Attcst; Amy llea:Ain, Clerk of Court By- X"YOV-1-172ee� �, Deputy Cirk Datd�-OetbbCi- 17-P, 2-Dlq- MONROE COUNTY ATTORNFV APPROVED AS TO FORM rom, Comity Aftomey MONROE COUNTY ATTORNEV APOV4E �S TO F I C ZC -!A L WALL ASSISTA ITPUN; Y ATTORNE*Y F�4 � 1 6, -f A 2()14 ADOPTW DUMET Mats eammummm 11"ftowlt 1" 10.0 Emwffn Sm" RYWAM sowl. o0wim I.Mvk3a bwanuve &two 68.027 4,138 EmOawTams 14.036 14.400 301 ReMwmt CW*b" aU30 BW4 1,144 m & HDath WUUKB 2DOAN 217,402 17'506 thomplevm6mcompammm ZC100 TOM Pw=W somm ... . ...... 00 V,4 Espmun Offm Than Sakd" swoms 4.7m 4.790 l Omw cowevimaswvlmg kwoodgems Tnwoi a Par DIM 115W 1-riw comffaxdm&m 0.50 ksm rr*m a Pgauce UM Ssykgo R&Rbb 100 100 kamnce Rep*a 4 Mak4enar" Kwo 34,800 P*Mng 64,79I 84,791 op-ftm suppa" ;0w 2.050 12,185 12,165 Tt"M Op 4,000 Tngnbg ......... . . Tdol opeatkv 0111112'14111�111'1 . ......... . ... DMw0WIGVInppnwwrmM ToW Coplbo ouomy C"DjWl"a A;& lo Gavwnwg Aqwm*w Akto W Pftab arpnbnkw, In Tcdal Othw Lbw . . . ........... . ......... TOTAL DHMFFV WMET COUWV emur "gum hadmom ftexaft 06,P"Lm 41.763 Enaft" . ...... ... . .. . ...... . . .. 'e . ... ..... . ADOPTED PROPOSED SUDOU BUDGET 1)IFFENLENCE FYE Mg "E 2016 + OR EIRNMIMMM MeadMUnt 10.0 Iko amfive Salary Regular as 1,040,652 1.050,075 g'M Overtime 66.027 57.N4 1337 Incarove 14AM 13,ow (act) Emplow Tax" 85,074 85.621 741 Rodrecoart CoMbAlon 217,402 244,016 26,614 We & Haft Insurance 2�000 2.000 Unumplaywant Compenwoon TctW Parsonol $awfoaa 1.418,555 1.453,075 37,120 RMMMEMMU Ewmws Other Then Salaries Pwrmiwa'Swvk*a 4'750 41750 Otter co Services Invedowma Travel A Per Diem I'Mo I'Soo coffownic"o. 9,SDO 9,500 FmW& Postop too Ica U"Servims Rentals lnwmr= 34.8130 34.600 Repairs A Maintenance 54,761 84.791 P*ftg Advediding OMOR Supplies 2,060 2,0541 opera" supplies IzIes 12,105 Swk9ISubscflpbwWMcmWM" IWo t.000 Tuflion Trakft 2,000 TaW Operadnq Boaron 132AX 13Z476 DOW ouaft Impro"onerds Autornob-IlestMexhineqlEcluip. Tom Copftd ousay WIM QMR,UM AM to Govermnam AgencJss. Auto Pdvde Orgar&atiou irem2avurnmenwiTtandato Total OMw Uses TOTAL SHMIF t, 1,673J20 V, to CGUIMCOSTW Howth Irmurances 151.680 151,880 Workeft Cw"osadan MAIO 97,740 (11,075) Cow* Alkca*n TOW CM* B"Mos ZMA95 --iw4-20 ­711 —aft, Vzonafts TOTAL BLMET --T—Awida 044