Item K1C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: K.1
Agenda Item Summary #4612
BULK ITEM: Yes DEPARTMENT: Sheriffs Office
TIME APPROXIMATE: STAFF CONTACT: Patrick McCullah (305) 292 -7020
N/A
AGENDA ITEM WORDING: Approval of Fourth Amendment to contract for police services
with the Village of Islamorada.
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 revision for each contract year in the past.
CONTRACT /AGREEMENT CHANGES:
This is for year 2018 -2019
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Fourth Amendment (2018 -2019)
FINANCIAL IMPACT:
Effective Date: October 1, 2018
Expiration Date: September 30, 2019
Total Dollar Value of Contract: $2,076,163.00 (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: $2,076,163.00
Police Services for Village of Islamorada
09/19/18 149 -68610 - SHERIFF - ISLAMORADA
$2,076,163.00
REVIEWED BY:
Rick Ramsay
Skipped
08/28/2018 11:05 AM
Cynthia Hall
Completed
08/28/2018 11:11 AM
Budget and Finance
Completed
08/28/2018 12:13 PM
Maria Slavik
Completed
08/28/2018 12:32 PM
Kathy Peters
Completed
08/31/2018 12:49 PM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
This Fourth 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 Iasi 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 " ).
WHEREAS, WITNESSETH
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 2018 -2019 (the " Fourth Amendment ")
NOW THEREFORE, in consideration of the mutual covenants set forth in this Fourth
Amendment, the parties agree as follows:
Section 1. _ t to ASELeme Section 18 of the Contract is amended to read
as follows:
2. PARTIESINOTICE
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
Seth Lawless
Village Manager
PO Box 568
87000 Overseas Highway
Islamorada, FL 33036
Page Z of 5
Isiamorada, Village of Islands Fourth Amendment to Contract
For Local Police Services
18.1 Village agrees to pay the sum of $ $2,076,163.00 (Two Million Seventy Six
Thousand One Hundred Sixty Three and 00 for services, equipment and supplies provided
during the fourth year of this Contract (10/1/2018 - 9/30/2019). This sum is referred to as the
"Contract Price."
18.2 An analysis of the cost is provided on Exhibit "A- 2018" attached hereto. Care
has been taken to include in Exhibit "A- 2018" all personnel cost and every item, of equipment
and supply necessary to provide services called for in the Contract, including those provided
under Section. 5 herein. However, any cost item not listed on Exhibit "A -2018" 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- 2018" in the Islamorada
_Section 2. Fourth Year Nyment Terms. Exhibit "A- 2017" of the Contract is
replaced in their entirety with replacement Exhibit "A -2018" dated , attached. All references to
Exhibit "A" in the Contract shall be from October 1, 2018 forward refer to the replacement
Exhibit "A- 2018 ".
Section Modifications. All other provisions of the Contract, other than
as specifically addressed herein, shall remain in fall force and effect.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Fourth Amendment upon the terms and conditions above stated on the day and year last below
written.
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Page 2 of 5
Islamorada, Village of Islands Fourth Amendment to Contract
For Local Police Services
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Date: ! i
Approved as to form and legal sufficiency for the
Use and benefit of Islamorada, Village of Islands:
Page 3 of 5
Islamorada, Village of Islands Fourth Amendment to Contract
For Local Police Services
Date:
Monroe County Sheriffs Office
Approved as to form
Ys
4u�114 General , Counsel
By:_
Date:
��M
Attest: Kevin Madok, Clerk of Court
IN
Assistant County Attorney
Date
Page 4 of 5
Isla morada, Village of Islands Fourth Amendment to Contract
For Local Police Services
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1.1 This is an agreement between Wamorada, Village of Islands ( "the
"Village ") a Florida municipality, the Monroe County SherifPs 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. ies _ o °ce.
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
partie 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
U` !'
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. Terminatian and Remadie&
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 *. ermination p iod extend into n new fiscal year, the terms
of compensation shall be made in accordance with Section 21.1,
43 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.
5.1 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 (t) Captain who serves as Village Police Chief;
One (1) Lieutenant;
Four (4) sergeants;
Page 2 of 1
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 offiver'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. vei e! ff etai
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.
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7.1 MCSO shalt provide such professional police servic.:3 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 pffce of the Sheriff of Monroe County, n
accordance with the Charter of Islarnorada, 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 I processing services
g. Crime Analyst services
h. Dive team services
i. Finance services
Page 4 of 17
j. Hostage negotiation services
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. si n e t o ei°so a elect3o o istrict Ca tai a
Q.I MCSO recognizew 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 Tillage 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
Page 5 of 17
compliance with MCSO's guidelines, hiring and promotional policy,
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 af.District C- tain 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 matte 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. (:o hats ear° in .cars.
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 persomel. 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
Page 6 of 17
of the matter upon completion. If the complaint concerns the Captain,
the Manager may take the matter directly to the Undersheriff.
1. es onsi ili for fTlti ate Coxrc�.
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 Re o si illtes
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.
13.1 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 7of?
14 . En%r°cement of Munic -gal 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 Iaw, 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 Islamnorada 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 drift regulations.
15. a l l" s otices 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 INIarkindg of Patrol Ve is es and ides
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
Page 8of17
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 shoulder depicting the Islamorada, Village of Islands Official
Village Seal.
17. Records/InsUcetion/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.
1. C
Lo mpensation .
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 (1011/2014- 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 IsIamorada shall include the total cost shown on Exhibit "A -2014" in
the Islamorada municipal budget for fiscal year 2014 -2015 and rna.ke
timely provision to secure the fiends necessary to fund the Contract.
Page 9 of 17
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
Islamorada will pay 1117 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 MCSQ 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
Nge 10 of 17
terms of make, model, age, mileage, and condition from the existing
fleet. Furthermore, these vehicles that were originally purchased with
Village funds and 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 R eoorts and Cos /Contract. nice tlo�xs
19.1 MCSO shall provide Islamorada nnonthly 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 payrnent a- ount. This reconciliation shall include both MCSO
and County cost portions of the annual budget.
21.1 Islamorada and MCSO shall negotiate payment for the second, third,
fourth and fifth years of the Tenn 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.
Page 11 of 17
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.
22. Traffic Fines and rf i ures
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 Sheriffs 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. Indeniniflemition
The Village, as a state agency or subdivision defined in Section 768.25,
Florida Statutes, agrees to be icily 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
Page 12 of 17
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
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 758.28 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.? 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.
26.1 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
P age 3 of 17
for Islamorada. MCSO personnel will be responsible for the entry of
traffic ticket data.
x r,`
27.1 All law enforcement education funds levied and collected by the Cleric
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 setoff 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 sixch 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.
29.1 The parties agree that the headings given the paragraphs and other
subdivisions of this Contract are for case of reference only and are not
dispositive in the interpretation of Contract lan
30. No resu ration 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
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 ree e t n cati a ent.
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.
M
Page 15 of 17
ATTEST:
By:
vikage Tic-
APPROVED AS TO FORM AND
LEGALITY FOE, THE USE AND
BENEFIT OF ISLAMORADA,
VILLAGE OF ISLANDS
Page 16 of 17
Attest: Amy Heavilin, Clerk of Court
m
Date:
HUM
Page Y) of 17
6D
BUDGE
Pit - 7.
DIFFERENcr=
F YE 2014
2
+ OR N
6" NBL 6 ce
Headcowt
1t5.D
15.0
Examilliva Salary
Regular Selariaa
Overtime
1,03097
1,01.851
10,455
Incem3ve
52,689
59,617
4,186
Employer Taxas
14,039
14,000
83,830
85,070
1 ,144
Ufa & H h Incur
lJfc 8 Hearts Ins,ularne
nce
200,096
217,402
17, 361
E
U- m0%'nent Cempan4 lion
2 000
$001)
Total Personal Servlees
u
„151
Expermas Other Than Salaries,
Professional Services
4.784
4,750
OtherConhactual Services
Invw3Ygat3ons
Traval & Per Diem
1,500
1,500
Communlr�tior3s
9,500
9,900
FmWbfa Postage
100
1100
Utility servlces
Rantels
Insurance
f2epalrs & Maintenance
34,1360
34,601)
Printing
94,781
84,791
Advert kg
Office swpBes
2,050
2,x50
Operating supp D
12,185
17,185
1Su6srxxtoilmtlMemtnarshtps
1,000
1,000
TuktoTu ft n
Tralning
Total Operating Experxl+s
t
t FI J e ra
Other Bulking Impmv merft
AutomoblleaAUlachinerylEquip.
M S X
48,889
Total Capital Outlay
USES
Alds to GVmmmW Agencies
Aids to Private orgenizm on,
Intragovammental Trrnsiere
Total Other Uaea
TOTAL SHENI'll '$ BUDGET
COUNTY COSTS°
- Hee1M insuranaea
151,680
151,680
- W&ker"s Comporm"on
47,799
68,815
21,022
- County Atloeanon
Total County Expenma.
TOTAL BUDW7
30- May -18
Updated by Lisa KwWes - 315/18 0
EXHIBIT A -2018
BUDGET - ISLAMORADA
2 YEAR COMPARISON FOR FYE 2018 TO FYE 2019
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FYE 2018 FYE 2019 + OR (•)
PERSONNEL SERVICES
Headcount 16.0 16.0
Executive Salary
Regular Salaries
1,103,008
1,144,247
41,239
Overtime
61,488
62,779
1,291
Incentive
12,240
11,880
(360)
Employer Taxes
90,020
93,246
3,226
Retirement Contribution
260,587
284,536
23,949
Life & Health Insurance
2,000
2,000
Unemployment Compensation
Total Personnel Services
1,529,343
1,598,688
69,345
OPERATING EXPENSES
Expense Other than Salaries
Professional Services
4,750
4,750
Other contractual Services
Investigations
-
Travel & Per Diem
1,500
1,500
Communications
9,504
9,500
Freight & Postage
100
100
Utility Services
-
Rentals
Insurance
34,600
34,600
Repairs & Maitnenance
64,791
64,791
Printing
Advertising
Office Supplies
2,050
2,050
Operating Supplies
12,185
12,185
BookslSubscriptionslMemberships
1,000
1,000
Tuition
-
Training
2,000
2,000
Total Operating Expenses
132,476
132,476
CAPITAL OUTLAY
Other Building Improvements
AutomobileslMachinerylEquip,
86,969
86,969
Total Capital Outlay
86,969
86,969
OTHER USES
Aids to Govemment Agencies
Aids to Private Organizations
-
-
Intragovernmental Transfers
Total Other Uses
TOTAL SHERIFF'S BUDGET
1,748,788
1,818,133
69,345.00
COUNTY COSTS:"
Health Insurance
211,647
211,647
Worker's Compensation
46,620
46,383
(237)
County A!locat on
'Total County Expenses
258,267
258,030
(237}
`Estimates
TOTAL BUDGET
2,007,055
2,076,163
69,108
CD
r
CD
r
CD
C
C
0
C
0
0