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FY2000-2003 06/28/2000 1!lannp .IL. i{olbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF mE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DA TE: July 5, 2000 TO: James Roberts County Administrator ATTN: Debbie Frederick, Aide to County Administrator Pamela G. Hancoc~ Deputy Clerk U FROM: At the June 28, 2000, Board of County Commissioner's Meeting the Board granted approval and authorized execution of municipal policing services tri-party contracts between the Sheriff of Monroe County and the City of Marathon, City of Layton, and Islamorada, Village of Islands. Enclosed are two fully executed duplicate originals for your handling, as well as a copy for your records. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance Risk Management wlo document File Contract for Local Police Services Monroe County Sheriff's Office and Islamorada, Vtllage of Islands :J: C) C) <:) :z: J:> Q ""l =OC"'):?- 1: - C) r- :1: !::;: '""'__-:. ' . J ("') :-' . 0 0("'): , -" c::- en :z::::o:.:, 0 -of . C'J .2IIa :0 'C"')r- _ :"'t..:z: _ ::0 ..,/';:. - ,." r ._ . -::- C"') I~ i=rt .IJ:- 0 .. .:0 o Table of Contents Section title Page 1-Purpose 1 2-Parties 1 3-Term 1 4-Scope of purchased services 1 5.Other services 2 6-Assignment of personnel and selection of District Captain 4 7 -Complaints regarding officers 5 8-Responsibility for ultimate control 5 9-Attention to needs of Islamorada 5 10-Officers not employees or agents of the Village 5 11- Enforcement of municipal ordinances 6 12-Legal claims, notices of suit, and lawsuits 6 13-Uniforms and marking of patrol vehicles 6 14-Payment, financial reporting and reconciliation 6 15-Fines and forfeitures 7 16-Station facilities and office expense 8 17-Law enforcement education assessments 9 18-Mutual aid 9 19-Paragraph headings not dispositive 9 20-No presumption against draftsperson 10 21-Contract contingent upon split millage 10 Contract for Local Police Services Monroe County Sheriff's Office and Islamorada, Village of Islands I-Purpose. Islamorada, Village of Islands, a Florida municipality ("Islamorada" or the "Village"), and the Monroe County Sheriff's Office ("Meso"), a subdivision of the State of Florida, have agreed that Islamorada will purchase and MCSO will provide local law enforcement services to Islamorada in addition to regional police services provided to residents of the unincorporated areas of Monroe County. This Contract states the terms of the agreement between the parties. 2-Parties. The parties to this Contract are Islamorada and MCSo. Any communication required to be provided by either party may be directed to: Islamorada Charles W Baldwin, P.E. Village Manager 81011 Overseas Highway Box 568 Islamorada, Florida 33036 Telephone: (305) 664-2345 Facsimile: (305) 664-2399 Meso Colonel William R McDonald, Undersheriff 5525 College Road Key West, Florida 33040 Telephone: (305) 292-7001 Facsimile: (305) 292-7070 3.Term. 2003. The term of this Contract begins October 1, 2000 and ends September 30, 4-Scope of purchased services. MCSO will provide professional police road patrol service throughout Islamoracla. Service will be provided by a contingent (the "Islamorada District") consisting of: -One Captain -Four sergeants - Eight deputies, who shall serve as road patrol officers and general case detectives The parties intend that road patrol services be provided 24-hours per day on every day of the term of this Agreement. Schedules for the Islamorada District shall be planned by the Islamorada District Captain in close cooperation with the Village Manager. The Captain will Page 1 of 8 provide the Manager with the planned schedules and daily reports containing the names and hours worked by every member of the Islamorada District. The staffmg plan for this contract has been developed using a 5.21 staffmg ratio. TIlls ratio is used to plan the proper nwnber of officers to maintain shift coverage considering planned and unplanned absences due to injury, illness, vacation, training and family and medical leave. The Captain will make all reasonable efforts to coordinate training, sick, annual and administrative leave to provide opcimwn service to Islamorada. If, despite these efforts, a shift remains unfilled, the Captain shall notify the Manager. The Manager may choose to fill any vacant position by any of the following methods: -Requesting that an officer from outside the Islamorada District be assigned to work on an overtime basis. In this case, Islamorada will pay the actual costs of the officer's tour of duty. -Requesting that an officer from outside the Islamorada District be hired to work on a special detail. In this case, Islamorada will pay the prevailing special detail rate under the same terms and conditions as special details are offered to the public. The Captain 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. s-Other services: Apart from this Contract, Meso shall also provide the following services to Islamorada on the same terms and at no additional charge or expense as they are provided to all residents of Monroe County: -Aviation -Bailiffs and other court personnel -Bomb squad -Civil process -Community policing specialists -Crime scene services -Criminal analyst services -Dive team - Environmental officers -Finance -Hostage negotiation -Human resources Page 2 of 8 - Information technology - internal investigations -Juvenile officers -Major crimes detective and investigative services, including homicide, arson, sexual crimes, child abuse and neglect, narcotics and coordination of regional, statewide, and national . ., mvest1gauon -Neighborhood and business Crime Watches -Police canine -Police dispatch, including 911 services -Police legal advisor -Prisoner detention and transport -Property and evidence -Public information officer -Records -Regional administration -School crossing guards -School resource officers and DARE instructors -SWAT team -Traffic unit -Training 6-Assignment of personnd and sdection of District Captain: MCSO recognizes the desire of Islamorada that the Islamorada District be composed of officers who are well acquainted with the community and its residents and with whom the residents can establish a face-to-face rapport and long-term relationships. Islamorada recognizes the obligation of MCSO to treat all of officers fairly concerning requests for transfer and career advancement, and to maintain order and discipline. MCSO shall endeavor to establish and maintain a stable contingent in the Islamorada District. Page 3 of 8 The Village Manager will play an integral part in the selection of officers for assigrunent to and promotion within the Islamorada District. The Manager will be given the opportunity to review personnel fties, training records, and disciplinary record of these officers and be a member of their selection and promotional boards. The procedure for selection of the Islamorada District Captain is this: a. MCSO shall select no more than three officers, who, in accord with MCSO standards and regulations, are qualified to serve as District Captain. The names of these officers, together with their personnel files, training records and disciplinary record will be presented to the Manager. b. The Manager may interview each candidate, separately or together. Each candidate must be given identical opportunities for interviews and presentations. c. MCSO will appoint as Captain the candidate selected by the Manager. 7 -Complaints regarding officers: MCSO is committed to maintaining a high standard of professionalism for all of its officers. Complaints regarding officers shall be promptly and thoroughly investigated by MCSo. Elected officials and employees of the Village shall not undertake investigations of any officer. Any complaint against an officer in the Islamorada District must be directed to the Captain. The Captain shall inform the Manager of the complaint, advise the manager of action taken, and provide a written report of the investigation and resolution of the matter. If the complaint concerns the Captain, the manager may take the matter directly to the Undersheriff. 8-Responsibility for ultimate control: Islamorada understands, acknowledges and agrees the Meso must, at all times, have and maintain the sole responsibility for and control of all services hereunder, including without limitation, the establislunent of standards of performance and conduct, hiring, promotion, discipline and termination, labor relations, as well as all other matters necessary or incident to the performance of such services. Consistent with the Village charter, no elected official or employee of the Village may direct the actions of officers of the Islamorada District. Direction from the Village will be given through the Manager in accordance with the terms of this Contract. 9-Attention to needs of Islamorada: Meso will work together with Islamorada to direct police services to the meet the expressed needs of the residents of Islamorada. The Captain shall meet with the Manager frequently to learn of comnnmity 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. lO-Officers not employees or agents of the Village: All deputies and other persons employed by MCSO to perform services under this Contract are and shall remain in the sole employment of Meso and no such person shall be considered in the employ of Islamorada for the purpose of any pension, insurance, civil service, worker's compensation pay or other Page 4 of 8 benefits. MCSO officers are not agents or employees of the Village, and will not have the authority to enter into agreements or make policy on behalf of the Village. ll-Enforcement of municipal ordinances: Every member of the Islamorada District will be authorized under Florida law to enforce the criminal municipal ordinances of Islamorada. Islamorada agrees to provide Meso six copies and every member of its District one copy of such ordinances. 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 Village officials and their advisors. MCSO will provide Village officials advice from a practical law enforcement perspective concerning any proposed criminal ordinance. 12-Legal claims, notices of suit, and lawsuits: 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 heramder, and shall cooperate in the mutual defense of any such claims. 13-Uniforms and marking of patrol vehicles: MCSO shall ensure that every member of the Islamorada District is provided with a marked patrol vehicle and uniforms marked as described on the attached Exhibit A. 14-Payment, fmancial reporting and reconciliation:lslamorada agrees to pay Nme Hundred Forty-seven Thousand Three Hundred Forty-six and 04/100 Dollars ($947,346.04) for personnel costs, operating expenses and radio equipment and One Hundred Eighteen Thousand Four Hundred Eighty-one and 46/100 Dollars ($118,481.46) for the costs of patrol cars and other equipment. A statement of these costs is attached hereto as Exhibit B. These sums together total One Million Sixty-five Thousand Eight Hundred Twenty- seven and 50/100 Dollars ($1,065,827.50), which is the total contract price. Great care has been taken to include on Exhibit B all personnel costs and every item of equipment and supply necessary to provide services called for in this Contract. However, any cost item not listed on Exhibit B or provided at no cost pursuant to Section 5 of this Contract will be billed separately to the Village. Islamorada shall include the total contract price in the municipal budget for fiscal year 2000/2001 and make timely provision to secure the funds necessary to fund the Contract. Islamorada will pay Twoffwelfths (2/12 or 16.67 %) of the total contract price to the derkof Court no later than October 15, 2000. Thereafter, Islamorada shall pay Oneffwelfth of the total contract price no later than November 1, 2000 and also on or before the first day of each succeeding month until the total contract price is paid Meso 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 in advance to Meso, and will pay or provide for fuel, maintenance, and other operating costs for all vehicles assigned to the Islamorada District. Page 5 of 8 In future Contract years, Islamorada will pay the costs of acquiring replacement vehicles for the Islamorada District. MCSO will replace the Islamorada vehicles according to the terms of the then current vehicle replacement policy of MCSO. MCSO will provide Islamorada monthly financial reports showing all costs incurred by MCSO and Monroe County to provide services under this Contract. If incurred costs equal the Nmety-five Per Cent (95%) of the total costs recited in this Contract, then: MCSO may stop providing any of the services in order not to exceed the Contract pnce; Or, Islamorada may issue a written commitment to MCSO to pay for additional services as agreed to by Islamorada and MCSO. If, after September 30, 2001, incurred costs are less than the total costs recited in this Contract, then the remaining balance as determined by MCSO external auditors shall be carried forward for application in the fiscal year. Islamorada and MCSO will negotiate payment for the second and third years of this Contract in time sufficient for preparation of budgets and tax rolls. If the parties are unable to agree on payments for the second or third year on a timely basis, then and in that event this Contract shall terminate on September 30th of the then current Contraa: period. IS-Fines and forfeitures: The parties acknowledge Islamorada's entitlement to fines and forfeitures pursuant to ~316.0261, Fla. Stat. (1999). The parties shall determine an equitable share for Islamorada of proceeds of any forfeitures pursuant to the Florida Contraband Forfeiture Act in cases involving the participation of officers of the Islamorada District. This share will 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 in 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 Commission for appropriation, and upon appropriation, will use the funds for the intended purpose. The parties agree that the decision to use or dispose of personal or real property seized within Islamorada shall be in the sole discretion of Meso. If Meso elects to use seized personal property outside of Islamorada or to sell seized Islamorada real estate, Meso shall allocate funds to the Law Enforcement Trust Fund in amount to Islamorada's equitable share of the market value of the property less liens, mortgages, encumbrances and MCSO's costs of seizure and forfeiture. In both cases, the allocated share shall be earmarked for use by Meso within Islamorada. Page 6 of 8 16-Station facilities and office expense: Islamorada will provide Meso space for a station for the Islamorada District to operate on the second floor of the Islamorada firehouse. Requirements for the station include: -Office for the Captain -Separate space for Captain's secretary -Squad room -Private interview room -A room for the desks of each sergeant chairs -Break room or area containing sink, refrigerator, microwave, cupboards and table and -A minimwn of two separate restroom facilities, each containing hot and cold running water and a toilet -Separate shower and locker facilities for men and women Islamorada will provide the Captain a qualified secretary. When not engaged in performing the work of the District, the secretary may perform other duties for the Village Islamorada will pay or provide for the following office equipment and expenses: -Local and long distance telephone -Plain paper facsimile machine with a dedicated telephone line -High-speed data tr.msmission from the Islamorada Station to the Plantation Key Substation capable of providing service equivalent to a T-lline or better -All other office supplies, including without limitation, paper, pens, pencils, toner, filing cabinets, furniture, and other commonly used items. I7-Law enforcement education assessments: Islamorada agrees to promptly remit to MCSO all monies currendy received by it from the derk of Court attributable to assessments of court costs intended for criminal justice training purposes. MCSO will use these funds solely for law enforcement education as required by lavl. Any new assessments enacted by the Village for law enforcement training purposes will be shared between Meso and the Village for the purposes intended by lavl. IS-Mutual aid: The parties recognize their obligation to provide assistance to other jurisdictions (mcluding without limitation the Cities of Key West, Marathon, Key Colony Beach, Layton, the Ocean Reef Public Safety District and any municipalities incorporated in Page 7 of 8 Monroe County after the effective date of this Contract) pursuant to the Rorida Mutual Aid Act and in the event of 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 fmancial set-off or deduction by Islamorada. The Manager will be given all possible notice of such deployment and written reports of the actions of officers so deployed. 19-Paragraph headings not dispositive: 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. 20-No presumption against draftsperson: 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 thereof. 21-Contract contingent upon split millage: The services contemplated in this Contract and the responsibilities of both parties to this Contract are contingent upon the Monroe County Board of County Commissioners adopting a budget for fiscal year 2000-01 that splits the millage for the provision of law enforcement services into a countywide and municipal component. In the event that the Board of County Commissioners fails to take such action, the obligations of the parties under this Contract shall be considered automatically terminated without further action. Agreed to on June zS, 2000. s 10 fORM APP~~~~ ~Uf"F!CIENC'l /ANO~rV~ ~ER\Cf'S 1\T10RNE~ ..- By: - ~ J!). Sheriff Richard D. Roth (5 E A L) Islamorada, Village of Islands By: ArrEST: &.h.<.~ ~ Village derk 1Y~ ~.A;."1e.~~ ~ ~~~n~ih ~~~UN1Y SSIONERS ~~~ Mayor/ son Page 8 of 8 A~P~OVE? AS TO FOkM B ROBERT N W DATE~ MONROE COUNTY SHERIFF'S OFFICE COSTS FOR MUNICIPAL POLICING VILLAGE OF ISLAMORAOA 618100 302 PM Personnel Services Quantity Individual Cost Cost 1 65,831.39 65,831.39 4 47,849.69 191,398.76 8 37,672.91 301,383.28 13 487.21 6,333.73 12 1,294.45 15,533.43 12 18,566.36 3 1,000.00 3,000.00 46,056.59 125,418.12 13 5,640.00 73,320.00 36,037.27 882,878.92 Salary - Captain. Salary - Sergeant. Salary - DeputylOetedives. Incentive Pay Overtime- Holiday Pay Wellness Award Social Security and Medicare Taxes Retirement Contributions Group HeaUh Insurance (Annual Amount) Wmter's Compensation Insurance (Based on Salary) Total- Personnel Services Operating Expenses Quantity Individual Cost Cost Insurance Professional Uability 13 894.00 11,622.00 Deputy Sheriffs Blanket Bond 13 3.00 39.00 Ufe Benefit 13 3.00 39.00 Car Insurance - UabilityJPhysical Damage 13 769.00 9,997.00 Statutory Death Benefits 13 19.75 256.75 EquipmentlUniforms - New Officers 5 1,952.73 9,763.65 EquipmentlUniforms - Existing Officers 8 440.41 3,523.28 Training Funds- 13 180.88 2,351.44 Monroe County Cost Allocation 13 1,750.00 22,750.00 Total - Operating Expenses 60.342.12 Capital Expenditures Radio Equipment 5 825.00 4,125.00 4,125.00 Total Expenses 947,346.04 . Based on an average of the salaries fO( aU persons cunentIy employed by the Meso In a similar job class, inoorponlling a 3% sal - Based on an average of the total law enfon;ement oveftIme. . . - The majority of required training Is provided by the MCSO's training division. MONROE COUNTY SHERIFF'S OFFICE COSTS FOR MUNICIPAL POLICING - EQUIPMENT VILLAGE OF ISLAMORADA 618100 3:53 PM Equipment Expenses Quantity Individual Cost Cost Radar/Speed Certification 8 19.27 154.19 Accessory Repair 13 31.36 407.72 Outfitting/Recycling Motorola Radio - Car Mounted" 5 582.00 2,910.00 Siren - P A 300. 5 159.00 795.00 Speaker - Whelen" 5 134.83 674.15 Cage - Setena" 5 353.00 1,765.00 Lightbar - Whelen 9406" 5 599.00 2,995.00 Switch - SW300" 5 79.00 395.00 Floor Bracket. 5 89.00 445.00 ._ Flashlight" 5 79.00 395.00 -- Deckstrobes (2)" 5 158.00 790.00 Antenna" 5 10.20 51.00 Striping" 5 195.00 975.00 Outfitting Cost" 5 300.00 1,500.00 Headlight Flasher" 5 30.00 150.00 Fuel 13 1,422.62 18,494.11 Fleet Maintenance (through Monroe County) 13 2,009.96 26,129.48 Paint and Body Work 13 117.44 1,526.78 Capital Lease Payments (Ford Crown VICtoria's)" 5 4,744.43 23,722.17 Automobiles- 8 3,967.81 31,742.48 All Other Equipment.." 8 270.88 2,167.04 Auto Supplies 13 22.87 297.34 Total 118,481.46 " These costs are a one time expense which result from putting 5 additional patrol cars on the road. The cost to maintain the equipment will be the MCSO average and would be incorporated in year 2. - This is the cost of a 5 year IeaseJpuchase for nine year 2000 Ford Crown VICtoria Pursuit Package cars. **" These costs are the expenses associatlld with the replacement of the existing eight vehicles amortized over five years.