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Item L2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 16. 2002 Division: Monroe County Sheriffs Office Bulk Item: Y es ~ No Department: Monroe County Sheriffs Office AGENDA ITEM WORDING: Approval of a Contract for Local Police Services between the Monroe County Sheriffs Office, the City of Layton, and Monroe County Board of County Commissioners. ITEM BACKGROUND: This contract was approved by the Board of County Commissioners August 15,2001 and is now due for renewal. PREVIOUS RELEVANT BOCC ACTION: Same as above. CONTRACT/AGREEMENT CHANGES: No changes. STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB~::: ;M;e;~l- Richard D. Roth, Sheriff DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # .h2- Revised 2/27/01 Contract for Local Police Services Monroe County Sheriff's Office and the City of Layton 1-Purpose. The City of Layton, a Florida municipality ("Layton"), and the Monroe County Sheriff's Office ("MCSO"), a subdivision of the State of Florida, have agreed that Layton will purchase and MCSO will provide local law enforcement services to Layton 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 Layton and MCSO. Any communication required to be provided by either party may be directed to: City of Layton The Honorable Carol Mac Laren, Mayor Box 778 68260 Overseas Highway Long Key, Florida 33001 Telephone: (305) 664-4667 Facsimile: (305) 664-0105 MCSO Colonel William R. McDonald, Undersheriff 5525 College Road Key West, Florida 33040 Telephone: (305) 292-7001 Facsimile: (305) 292-7070 3-Term. The term of this Contract begins October 1,2002 and ends September 30, 2003. 4-Scope of purchased services. MCSO will provide professional local road patrol law enforcement services throughout the City of Layton. "Local road patrol law enforcement services" include response to calls for law enforcement service and regularly scheduled patrol by uniformed law enforcement officers in marked patrol cars whose full-time duty assignment involves responding to calls Page 1 of 1 for service and engaging in crime prevention activities, sergeants who provide first-line supervision to those officers, and general case detectives not assigned to investigate major crimes or function as crime scene technicians. The level of service provided to Layton will be identical or superior to the level of service provided to the unincorporated areas of Monroe County, and identical or better to that provided currently. 5-0ther services. Apart from this Contract, MCSO shall also provide the following services to Layton 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 - Information technology - Internal investigations Page 2 of 2 -Juvenile 0 fficers -Major crimes detective and investigative services, including homicide, arson, sexual crimes, child abuse and neglect, narcotics and coordination of regional, statewide, and national investigation -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-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 thorougWy investigated by MCSO. Elected officials and employees of Layton shall not undertake investigations of any Page 3 of 3 officer. Any complaints or concerns regarding the MCSO officers should be directed to the District Commander in Marathon or the Office of Internal Affairs. 7-Responsibility for ultimate control. Layton understands, acknowledges and agrees the 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 incident to the performance of such services. No elected official or employee of Layton may direct the actions of MCSO officers. 8-Attention to needs of Layton. MCSO will work together with Layton to direct police services to the meet the expressed needs of the residents of Layton. MCSO senior police administrators will meet with the Mayor frequently to learn of community concerns and shall work closely with the Mayor to devise plans and methods best suited to respond to those concerns. 9-0fficers not employees or agents of Layton. All deputies and other persons 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 Layton for the purpose of any pension, insurance, civil service, worker's compensation payor other benefits. MCSO officers are not agents or employees of Layton, and will not have the authority to enter into agreements or make policy on behalf of Layton. to-Enforcement of municipal ordinances. MCSO deputies will be authorized under Florida law to enforce the Florida state law and applicable county and municipal ordinances. Layton agrees to provide MCSO six copies and every member of its District one copy of such ordinances. Further, Layton agrees to provide MCSO with the text of proposed ordinances in time sufficient for review and discussion with City officials and their advisors. MCSO will provide City officials advice from a practical law enforcement perspective concerning any proposed criminal ordinance. l1-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 hereunder, and shall Page 4 of 4 cooperate in the mutual defense of any such claims. This Section does not require either party to assume the financial obligations of the other. 12-Payment for services. Layton agrees to pay for law enforcement services delivered under this Contract. The amount of payment will be determined by ad valorem millage levied upon Layton real property. The millage used to determine the price paid by Layton shall be the lesser of 1.0 mills or the millage set by Monroe County for local police services in the unincorporated areas of the county. Layton shall levy a millage upon its taxpayers for the purpose of funding this Contract and pay the revenues as they are collected to the Clerk of Court. The Clerk will pay them to MCSO as provided by la\Y. 13-Fines and forfeitures. The parties acknowledge Layton's entitlement to fines and forfeitures pursuant to ~318.21, Fla. Stat. (2000). 14-Law enforcement education assessments. Layton agrees to promptly remit to MCSO all monies currently received by it from the Clerk 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 la\Y. Any new assessments enacted by Layton for law enforcement training purposes will be shared between MCSO and Layton for the purposes intended by la\Y. lS-Mutual aid. The parties recognize their obligation to provide assistance to other jurisdictions (including without limitation the Cities of Key West, Marathon, Key Colony Beach, Islamorada, the Ocean Reef Public Safety District 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 catastrophe. MCSO may direct its 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 Layton. The Manager will be given all possible notice of such deployment and written reports of the actions of officers so deployed. 16-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. Page 5 of 5 17-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 Agreed to on , 2002. By: Mlf;;;Sh;S & Sheriff Richard D. Roth (S E A L) APPROVED AS TI AND LEGAL SUFF.vn:.I'JvY ~ff~~ - BV SHER'S=PS ATTO~N}Y /o/~ a~ City of Layton ATTEST: By: Mayor City Clerk (S E A L) ATTEST: Danny L. Kolhage, Clerk Board of County Commissioners Monroe County, Florida By Deputy Clerk By Mayor/Chairperson Page 6 of 6