Item P2 P.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
October 16, 2019
Agenda Item Number: P.2
Agenda Item Summary #6116
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard (305) 292-4443
No
AGENDA ITEM WORDING: Approval of an Interlocal Agreement with the State Attorney's
Office for the 16th Judicial Circuit, to pay on a reimbursement basis for IT positions. County
funding for the positions is required by F.S. 29.008(1).
ITEM BACKGROUND: Counties are required by Art. V, s. 14 of the Florida Constitution and
Section 29.008(1), Florida Statutes, to provide funding for the cost of communications services,
radio systems, multiagency criminal justice information systems for the State Attorney's Office as
well as other offices with court-related functions listed in the statute. The responsibility to provide
funding includes not only facilities and the IT hardware, but also the cost of staffing for personnel
who work with the communications services, radio systems, and multiagency criminal justice
information systems ("Information Systems Staffing").
For many years, the County has provided the funding to the State Attorney's Office for whatever
positions are covered. Currently, the County provides funding for one (1)position within the State
Attorney's Office.
In the past, employees filling the Information System Staffing positions have been treated as County
employees, in the sense that they receive a BOCC paycheck.
The State Attorney's Office and the County have agreed that it would be preferable to treat the
positions as State employees, with the County simply providing the funding on a reimbursement
basis. Each year, as has been done in the past, the State Attorney's Office will submit a budget
request for the positions to the County. Once the budget for the positions is set for the upcoming
fiscal year, the State Attorney's Office will simply submit a request for reimbursement.
This change is advantageous both for the State Attorney's Office and the County. For the State
Attorney's Office, it makes it clear that it is the employer, and allows the SAO to place the
Information Systems Staffing employee on the same footing with respect to benefits (holidays,
health insurance, etc.) as other employees in the office. For the County, the advantages are that it
eliminates our potential liability for any employment actions (unemployment, workers'
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P.2
compensation, EEOC charges). In addition, the State Attorney's Office advises that the overall cost
to the County may go down, because State health insurance is less expensive.
This Interlocal Agreement memorializes the terms between the parties.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe County ILA SAO
FINANCIAL IMPACT:
Effective Date: October 1, 2019
Expiration Date: Open ended; no termination date.
Total Dollar Value of Contract: TBD depending cost of position(s).
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: No (funding agreement only)
Additional Details:
Requires annual funding based on budget request from SAO subject to approval by the BOCC.
REVIEWED BY:
Roman Gastesi Skipped 09/20/2019 4:36 PM
Cynthia Hall Completed 09/20/2019 4:36 PM
Budget and Finance Completed 09/26/2019 10:32 AM
Maria Slavik Completed 09/26/2019 10:37 AM
Kathy Peters Completed 09/26/2019 10:39 AM
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P.2
Board of County Commissioners Pending 10/16/2019 9:00 AM
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P.2.a
AGREEMENT WITH THE OFFICE OF THE STATE ATTORNEY,
10HI JUDICIAL CIRCUIT OF FLORIDA,
FOR PAYMENT OF INFORMATION SYSTEMS STAFFING COSTS
THIS AGREEMENT is made and entered into on the day of October 2019,
by and between the STATE ATTORNEY'S OFFICE OF THE 161H JUDICIAL
CIRCUIT (hereinafter "SAO") and MONROE COUNTY, a political subdivision of
the State of Florida (hereinafter "County"), which when referenced together shall be
called "the Parties".
WHEREAS, Section 29.008(1), Florida Statutes, states that Counties are requires by
section 14, Article V of the Florida Constitution to fund the cost of communications
services, existing radio systems, existing multiagency criminal justice information
systems for the state attorneys' offices as well as other offices with court-related
functions as set forth in the statute; and 0
WHEREAS, Section 29.008(1)(f), Florida states, defines the term "communications E
services"to mean "support staff or services including any county-funded support staff 0
located in the offices of the circuit court, county courts, state attorneys,public defenders,
guardians ad litem, and criminal conflict and civil regional counsel"; and
WHEREAS, Section 29.008(1)(g), Florida Statutes, defines the term "existing radio
systems" to include "personnel and supplies necessary for operation"; and
WHEREAS, Section 29.008(1)(h), Florida Statutes, defines the term "existing
multiagency criminal justice information system"to mean, inter alia, "maintenance and
updates of supporting technology infrastructure and associated staff'; and
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WHEREAS, the County and SAO wish to clarify their respective responsibilities with
respect to SAO employees working with communications services, existing radio
systems, and existing multiagency criminal justice information systems for the SAO. 0
NOW, THEREFORE, that for and in consideration of the terms, conditions and
covenants hereinafter provided, the Parties agree as follows:
1. Beginning on October 1, 2019 ("Effective Date) and continuing thereafter
until terminated in accordance with Paragraph 8, below, the County shall fund the cost of
staffing for communication s services, existing radio systems, and existing multiagency
criminal justice information system (cumulatively, "Information Systems Staffing"), as
required by Section 29.008(1), Florida Statutes. Such cost shall consist of the loaded cost
for the positions, consisting of base salary and the employer's share of FICA taxes,
withholding taxes, state and federal unemployment taxes, retirement benefits, and
insurance benefits, if applicable.
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P.2.a
2. The amount necessary for the Information Systems Staffing shall be
budgeted and appropriated each year by the County through the budget process, based on
a budget request provided to the County by the SAO.
3. Funding for the Information Systems Staffing is subject to annual
appropriation by the Board of County Commissioners.
4. The County's responsibility for the Information Systems Staffing positions
is limited to providing the funding for the positions.
5. For all personnel purposes, including but not limited to hiring, firing,
discipline, assignment of duties, supervision, management and control, the employer of
these positions is solely the SAO. The SAO is considered to be the employer for the U)
purpose of any claims filed by the employee under Chapter 440 (workers' compensation) g
and Chapter 443 (unemployment benefits). In addition, the SAO shall be considered to
be the sole employer for the purpose of any and all federal, state, or local employment
laws and is responsible for compliance with all requirements of federal and state
E
employment laws, and shall fully indemnify the County from any liability under such 0
laws, as authorized by s. 768.28(19), F.S., to the extent such liability is the result of the 0
acts or omissions of the Office of the State Attorney or its agents or employees, including
but not limited to claims arising under Title VII of the Civil Rights Acts of 1964; Title I
of the Americans with Disabilities Act, 43 U.S.C. § 1983; the Family Medical Leave Act;
the Fair Labor Standards Act; chapters 440, 443, 447 and 760, Florida Statutes; Section
112.3187, F.S.; and the Age Discrimination in Employment Act, as amended from time 0
to time. cis
6. The County shall provide the funding required for these positions in the
following manner. At least monthly, or more frequently if the Parties agree, the SAO
shall submit a pay register to the Clerk's Office, showing actual payments that have been
made for each of the Information Staffing Systems covered by this Agreement and such
other backup as the County or Clerk may require. On behalf of the County, the Clerk
shall then issue reimbursement to the SAO for the payments.
7. The parties acknowledge that this Agreement and any related financial
records, audits, records, plans, correspondence, and other documents related to this
agreement may be subject to public disclosure pursuant to Chapter 119, Florida Statutes.
In the event a party fails to abide by the provisions of Chapter 119, Florida Statutes, the
other party, without prejudice to any right or remedy, and after giving that party five(5)
days written notice and that party fails to allow access to such documents within that
period, may terminate this Agreement.
8. Either party to this Agreement may terminate this Agreement by providing
at least thirty (30) days' written notice to the other party, by personal delivery or first-
class certified mail, delivered to the persons below.
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P.2.a
To the County: To the State Attorney's Office
Mr. Roman Gastesi Mr. Dennis W. Ward
County Administrator State Attorney for the 16'Judicial Circuit
Monroe County 530 Whitehead St.
1100 Simonton St. Suite 301
Key West, FL 33040 Key West, FL 33040
9. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, or understandings applicable to the matters
contained herein, and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained in g
this document. It is further agreed that no modification, amendment, or alteration in the
terms or conditions contained herein shall be effective absent a written document
executed by the Parties hereto. 7
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The foregoing sets forth the terms and conditions of the Agreement between the SAO and
the County. This Agreement shall take effect as of execution by the last signatory to this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed by signature their
agreement herewith on this day of , 2019.
APPROVED:
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BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
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By: By:
Deputy Clerk Mayor
STATE ATTORNEY'S OFFICE, 16Tu JUDICIAL CIRCUIT ��
By: l
s ar
State Attorney
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