Item M2 M.2
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: M.2
Agenda Item Summary #9689
BULK ITEM: Yes DEPARTMENT: Sheriffs Office
TIME APPROXIMATE: STAFF CONTACT: Patrick McCullah (305) 292-7020
N/A
AGENDA ITEM WORDING: Approval of Second Amendment to Contract for Local Police
Services with the Village of Islamorada, The Monroe County Sheriffs Office and the BOCC.
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.
CONTRACT/AGREEMENT CHANGES:
Changes made to reflect current staffing and pricing
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2019-2024
2021-2022 Second Amendment
FINANCIAL IMPACT:
Effective Date: 10/1/2021
Expiration Date: 9/30/2022
Total Dollar Value of Contract: $2,401,864.00
Total Cost to County: 0
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
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M.2
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $2,401,864.00
Grant:
County Match:
Insurance Required:
Additional Details:
09/15/21 149-68610 - SHERIFF - ISLAMORADA $2,401,864.00
REVIEWED BY:
Pedro Mercado Completed 08/31/2021 11:40 AM
Purchasing Completed 08/31/2021 11:44 AM
Budget and Finance Completed 08/31/2021 12:32 PM
Maria Slavik Completed 08/31/2021 12:36 PM
Liz Yongue Completed 08/31/2021 3:05 PM
Board of County Commissioners Pending 09/15/2021 9:00 AM
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M.2.a
ISLANDSCONTRACT FOR LOCAL POLICE SERVICES
Between
MONROE COUNTY SHERIFF'S OFFICE
And
ISLAMORADA,VILLAGE OF
r
1.1 This is t between Islamorada, VillageIslands (`
"Village")a Floridamunicipality, s Office
(" ") a subdivisionthe State of Florida, o oe County a cV
political sio of the State of FloridaC' o ' . The parties C�l
have herem. agreed that the Villagepurchase,
provide,local law enforcement services to Islamorada 'o to the
regional esi is of the unincorporated
areas of Monroe County. The County as fiscal authority shall provide E
the "ate budget allocationor the MCSO and receive payments
from e Village. This Contract states the terms of the agreement between E
e parties.
2. e ce. 0
.1 The parties to this Contract are County the Village and MCSO.Any and 'a
1 communications requiredto be provided1 be directed to the
parties as follows:
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Mamorada,Village of Islands
Seth Lawless
Village Manaaer
86800 Overseas Highway c�
Islamorada,Florida 33036
Telephone:(35)664-
Facsimile: ( 5) �
MonroeoOffice
RichardA. Ramsay
5525 Collegeo
Key West Florida 33040
Telephone( 5)292-7001
Facsimile: ( 05) -7 70
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Monroe County
County Administrator Roman Gastesi
1100 Simonton Street
Key West,Florida 33040
(305)292-4441
(305)292-4544
3. Term.
3.1 The term of this Contract is for a period of five(5)years,beginning on
October 1,2019 and ending September 30,2024.
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4. Termination and Remedies.
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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 W
the non-breaching party, shall remedy the breach within 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. 0
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 termination period extend into a new fiscal year, the terms N
of compensation shall be made in accordance with Section 21.1.
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4.3 The parties reserve all available remedies afforded by law to enforce
any terra 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. Scope of Purchgad Services. e
5.1 MCSO shall provide professional police road patrol services throughout
(the"Services")Village. Services shall be provided by a contingent(the
Islamorada District)consisting of-
One(1)Captain who serves as Village Police Chief;
One(1)Lieutenant;
Four(4)sergeants;
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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.
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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 E
medical leave. The staffing schedule shall be determined by the
Manager in coordination with the Islamorada District Captain. The E
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 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 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 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.
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6. Overtime/Off Dum Details.
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 supplernental 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.
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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 E
meetings and such other meetings as the Manager shall reasonably
request, e.g. those of the Village Council.
7. Additional Services.
7.1 MCSO shall provide such professional police services 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 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 trauma transport
b. Mobile Command Post
C. Bailiffs and other court personnel
d. Bomb squad
e. Civil process services
f. Crime scene investigative/processing services
g. Crime Analyst services
h. Dive team services
i. Finance services
j. Hostage negotiation services
. Human resources services
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M.2.a
1. Information technology
in. 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 E
aa. 'Training
bb. Field Force Unit
8. Assn eat of Penonnel and Selection of IDistriet Captain.
8.1 MCSO recognizes 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 Village 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
compliance with MCSO's guidelines, hiring and promotional policy,
procedures and practices, as well as complying with any collective
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bargaining agreements applicable to said positions, provided that such
vacancy shall be filled within 60 days.
9. Procedure for Selection of District Cutain 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 CD
Sheriff shall make 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 and no E
more than, five qualified applicants who, in accordance with
MCSO policy,are qualified 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 c
together. Each candidate must be given comparable
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opportunities for interviews and presentations.
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d. MCSO shall appoint the candidate selected by the Sheriff, inCD
consultation with the Village Manger, to fill the vacancy in
compliance with MCSO promotional policy.
10. Complaints'Re-ardina Officers. �
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 Islarnorada shall 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 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 of
the matter upon completion. If the complaint concerns the Captain, the
Manager may take the matter directly to the UndersheriflF.
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11. Reu)onsibility for Ultimate ControL
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. MCSOIIesoonsiliilities. cV
12.1 MCSO shall work together with Islamorada to direct police services to E
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. Officers not Em,to 'ees or Agents of Islamorada Village of Islands.
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13.1 All officers and other personnel employed by MCSO to perform
services under this Contract are and shall remain in the sole employment W
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 E
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.
14. Enforcement of MeanicIl�aal®r maces.
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 law, the police powers of Islamorada which are
necessary to implement and carry forth the services, duties and
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M.2.a
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 Islamorada 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 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 E
enforce the ordinance prior to the Village's adoption of the draft
regulations. E
15. Legal Claims,Notices 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.
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16. Unfforms and Markina of Patrol Vehicles and Vessels.
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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 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 Islarnorada, Village of Islands Official Village
Seal .
17. Records/Ins ectionJAndit.
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
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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.
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18. Compensation.
18.1 Islamorada agrees to pay the sum of$2,166,947.00 Two Million One
Hundred Sixty Six Thousand Nine Hundred Forty Seven dollars) for
services, equipment and supplies provided during the first year of this
Contract (10/l/2019-9/30/2020). This sum is referred to as the
"Contract Price." a
18.2 An analysis of the cost is provided on Exhibit"A-2019"attached hereto.
Care has been taken to include in Exhibit"A-2019" all personnel cost o
and every item of equipment and supply necessary to provide services N
called for in this Contract, including those provided under Section 5 =-
herein. However, any cost item not listed on Exhibit "A-2019" or
provided at no cost pursuant to Section 5 of this Contract will be
itemized and billed separately to Islamorada.
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18.3 Islamorada shall include the total cost shown on Exhibit"A-2019" in
the Islamorada municipal budget for fiscal year 2019-2020 and make E
timely provision to secure the funds necessary to fund the Contract.
Islamorada will pay 2 /12 of the total contract price to the Monroe
County Clerk of Court no later than October 26, 2019 and thereafter
Islamorada will pay 1/12 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.
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18.5 Vehicles currently assigned to the Village by the Sheriff's Office shall
be amortized over a five-year 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,ctc.,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 fallowing 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 stun 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. Alter expiration or termination of the Contract,and if there is W
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 c
maintenance records. The sale of these vehicles back to the Village will
be phased in during the transition period as provided in Article 25. W
MCSO will continue to own,operate and maintain possession of any of
these vehicles during the transition period when necessary to supplyCD
patrol officers with vehicles in order to maintain services pursuant to
this Contract. In the event that a vehicle that was 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 from the existing fleet that is similar in terms of c
make,model,age,mileage, and condition. 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 Reports and Cost/Contract Price 0)dons.
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19.1 MCSO shall provide Islamorada monthly 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.
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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
payment amount. This reconciliation shall include both MCSO and E
County cost portions of the annual budget.
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21. Future Year Pricing.
21.1 Islamorada and MCSO shall negotiate payment for the second, third,
fourth and fifth years of the Term 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 W
acknowledging Islamorada's acceptance of them.An amendment of this
Contract signed by the parties shall be sufficient to amend the financial CD
terms of this Contract,subject to all required approvals by the governing
bodies of the parties to this Contract.
21.2 If the parties are unable to agree on payments for future years on a
timely basis, this Contract will terminate on September 3& of the
current Contract year by written notice.
22. Traffic Fans and Forfeitures.
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.
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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
Islarnorada 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
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 Board
of County Commissioners for appropriation, and upon appropriation,
will use the funds for the intended purpose.
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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 ofMCSO.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 in amount 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. a
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 c
the Village,the status of such cases,and all real and personal property,and 2
currency or funds forfeited or seized. W
24. IndemnWeation.
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The Village,as a state agency or subdivision 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 actions,
which result in claims or suits against either MCSO or Village,and agrees to
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 City 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 768.28 Florida
Statutes,or any other similar provision of law. Nothing contained herein shall
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M.2.a
be construed to be a 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.
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25.2 Upon the termination or expiration of this Contract,the transition period
shall be no less than 12 months.
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25.3 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.
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26. Station Facilities and Office lEgoenses.
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 for
Islamorada. MCSO personnel will be responsible for the entry of traffic
ticket data.
27. Law Enforcement Educational Assessments.
27.1 All law enforcement education funds levied and collected by the Clerk
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.
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29. 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 set-off 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 such 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.
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29. Paraarac&Headings Not Disuositive.
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 c
dispositive in the interpretation of Contract language.
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30. No Presumption A airrst Drafter.
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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 cV
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 thereto.
31. Entire A;areemeutlModd'rcation/Amendment.
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.
Page 14 of 17
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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.
1114 WITNESS 'WHEREOF, the parties have executed this Contract as of the
dates indicated below.
MONROE COUNTY SHERIFF'S OFFICE
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By — -- _ N
Richard A.Ramsay
Date Executed: e
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MONROE COUNTY SHERIFF'S OFFICE W
APPROVED AS TO FORM
By: — ..
ner Counsel
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ISLAMORADA,VILLAGE OF ISLANDS,
A Florida Municipal Corporation
By.
Mayor
Date Executed:
Page 15 of 17
Packet Pg. 2291
ATTEST:
Ilage J, crk
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
BENEFIT OF ISLAMORADA,
VILLAGE OF ISLANDS
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By--
Vi age Attorney
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORA
By:
Mayor/Chaniman
Bate:
Page 16 of 17
Packet Pg. 2292
Attest: ,Kevin Madok Clerk of Court
Deputy Clerk
Date:— .. .....
(SEAL)
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
C44
By: C44
County Attorney
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Date:
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EXHIBIT A-2019
03-Jul-19
Updated by:Lisa Knowles-419/19 0
BUDGET-ISLAMORADA
2 YEAR COMPARISON FOR FYE 2019 TO FYE 2020
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FYE 2019 FYE 2020 +OR(-)
E PER
L SERVICES
Headcount 16.0 16.0
Executive Salary _
Regular Salaries 1,144,247 1,195,228 50,91
Overtime 62,779 66,784 4,005
Incentive 11,880 10,440 (1,440)
Employer Taxes 93,246 97,343 4,096
Retirement Contribution 284,536 320,369 35, 33
Life&Health Insurance 2,000 2,000 cV
Unemployment Compensation CD
CV
Total Personnel Services 1,598,688 1,69 ,164 93,476 T-
tV
OPERATING EXPENSES
Expenses Other Than Salaries oy
Professional Services 4,750 4,750
Other Contractual Services t�
Investigations
Travel&Per Diem 1,500 1,500
Communications 9,500 9,500 -
Freight&Postage 100 100 -
Utility Services -
Rentals O
Insurance 34,600 34,600 0)
Repairs&Maintenance 64,791 64,791 m
Printing
Advertising _
Office Supplies 2,050 2,050 O
Operating Supplies 12,185 12,185 -
Books/Subscriptions/Memberships 1,000 1,000 2
Tuition _ _ W
Training 2,000 2,000 -
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Total Operating Expenses 132,476 132,476 CD
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CAPU&PMT ff
Other Building improvements tV
Automobiles/Machinery/Equip. 86,969 86,969 ;-
Total Capital Outlay 86,969 86,969
OTHER USES
Aids to Government Agencies
Aids to Private Organizations _
Intraovernental Transfers
Total Other Uses _
TOTAL SHERIFF'S BUDGET 1,818,133 1,911,609 93,476
COUNTY COSTS:`
Health Insurances 211,647 211,647
Worker's Compensation 46,383 43,639 (2,744)
County Allocation
Total County Expenses 258,030 255,286 (2,744)
"Estimates
TOTAL BUDGET 2,076,1 3 2,166, 95 90,732
Packet Pg. 2294
M.2.a
e
RESOLUTION 19-08-60
A RESOLUTION OF THE VILLAGE COUNCIL OF
ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA,
APPROVING THE CONTRACT FOR LOCAL POLICE
SERVICES BETWEEN THE MONROE COUNTY
SHERIFF'S OFFICE, THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AND ISLAMORADA,
VILLAGE OF ISLANDS, FOR FISCAL YEARS 2019-2024;
AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT; AUTHORIZING THE VILLAGE MANAGER
TO EXPEND BUDGETED FUNDS; AUTHORIZING
VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND
CONDITIONS OF THE CONTRACT; AND PROVIDING
FOR AN EFFECTIVE DATE
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WHEREAS,the Village Council of Islamorada,Village of Islands,Florida(the"Village")
adopted Resolution No. 14-09-65, thereby approving a contract (the "Contract") between the E
Village, the Monroe County Sheriffs Office (the "MCSO") and the Monroe County Board of
0
County Commissioners (the "BOCC") for local police services for a five (5) year term
commencing October 1, 201 o
the current Contract between the Village,the MCSO and the BOCC for local N
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police services will expire on September 3 , 219; andN
WHEREAS, the Village, the MCSO and the BOCC desire to enter into a new Contract
for local police services for a five(5)year term commencing October 1, 2019 through September
30, 2024, attached as Exhibit"A"hereto; and
WHEREAS, the Village Council finds that approval of a new Contract for local police
services is in the best interest of the Village.
NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF
ISLAMORADA,VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS:
.-IPD COPY OF ORIGINAL
Page I of 3 u t .
tSeil ,Toth Wage Clerk
Packet Pg. 2295
Section 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
Section _ r v 1. The Village Council hereby approves the a new
Contract for Local Police Services between the MCSO,the BOCC and the Village,a copy of which
is attached as Exhibit " " hereto, together with such non-material changes as may be acceptable
to the Village Manager and approved as to form legality by the Village Attorney.
Section Execution of Contract. The Mayor is authorized to execute on behalf .�
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of the Village, and to execute any required agreements or documents to implement the terms
and conditions of the Contract, subject to the approval as to form legality by the Village
Attorney.
Section 4. Authorization of Fund Expenditure. Notwithstanding the
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limitations imposed upon the Village Manager pursuant to the Village's Purchasing Procedures
Ordinance, the Village Manager is authorized to expend budgeted funds to implement the terms
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and conditions of the Fourth Amendment.
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Section 5. Authorization of Village Officials. The Village Manager and/or his N
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designee and the Village Attorney are hereby authorized to take all actions necessary to implement
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the terms and conditions of the Contract.
Section 6. Effective Date. This Resolution shall become effective immediately
upon its adoption.
Page 2 of 3
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M.2.a
Motion to adopt by Councilman Ken Davis, seconded by Vice Mayor Mike Forster.
FINAL VOTE AT ADOPTION
VILLAGE COUNCIL OF ISLAMORADA,VILLAGE OF ISLANDS
Mayor Deb Gillis YES
Vice Mayor Mike Forster YES
Councilwoman Ken Davis YES
Councilwoman Cheryl Meads ABSENT
Councilman Jim Mooney YES
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PASSED AND ADOPTED ON THIS 8th DAY OF AUGUST,2019.
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DEB GILLIS, MAYOR W
ATTEST:
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KE - Y ' TH, VILLAGE CLERK
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APPROVEDAS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF IL A,
VILLAGE OF ISLANDS ONLY
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ROGET V. BRYAN, VILLAGE ATTORNEY
>' ;PIED COPY OF ORIGINAL
Page 3 of 3
II S.Tth-Vilkige Clerk
Packet Pg. 2297
M.2.b
SECOND AMENDMENT TO CONTRACr FOR LOCAL POLICE SERVICES
This Second Amendment to Contractfor s between Islarnorada,
Village of Islands., e County Sherifrs Office,and Monroe County,is made and entered
into as ofthe date last written below,by and between Islarnorada,Village,of Islands,Florida,
municipal " f the State of Florida( e"Village),Monroe County Sherifrs Office
C'MCSU'),a subdivision of the State of Florida,and Monroe County,a political subdivision of
the State of Florida(` ° CD
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WITNESSETH
WHEREAS,In October 11 the Village entered intoe year Contract for e
provision of Local Police Services witit MCSO and County(the'Vontrace%a copy of which is E
attached, bi and E
UMEREAS,pursuant to Section1.1 ofthe Con t,compensation oPolice
Services for each fiscalyear shall be set by amendment to the Contract,
e Village desires to amend the Contract to set the compensation for Fiscal
Year 1- ( -Second end, r
THEREFORE,NOW in consideration of the mutual c*venants set forth in this Second M
Amendmente parties agree as follows:
Section . Amendment to Alreement Section 18 of the Contract is amended to read E
as follows:
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18.1 l e agrees to pay thes f$2,401,864 (Two Millione CD
Eight Hundred Sixty Four Dollars)for s,equipment and supplies provided during e
third y (1 1. - . This sum is referred to as the"Contract
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Price." E
18.2 An analysis of the cost is provided on Exhibit" - I"attached hereto. Care
has been taken to include i `bit" - 1"all el cost and every item of equipment
and supply necessary to provide services ll for in the Contract,including se provided
Page 1 of
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For Local Police Servkw
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M.2.b
under Section 5 herein. However, any cast item not listed on Exhibit"A-2021"or provided at no
cost pursuant to Section 5 of this Contract will be itemized d billed separately to Village.
18.3 Village shall include the total cost shown on Exhibit" -2021"in the Islamorada
municipal budget for FY 2021-2022 and make timely provision to secure the funds necessary to
fund the contract. Village will pay 2/12 of the total contract prim to the Clerk of Court no later
than October 26, 2021 and thereafter Village will pay 1f 12 of the total contract price on or before
the first day of each succeeding month until the total contract price is paid. Notwithstand`. the
t7rec1,� enta�c Vi1e's„ on ._. .11
.. orate �i t shall a based... the Contract Price
in effect for each fiscal Year of the t
Section 2. Second Year Pavment Terms. Exhibit" -2020"of the Contract is replaced
in their entirety with replacement Exhibit" -21"dated July 12,2021,attached. All
references to Exhibit`°A"in the Contract shall be from October 1, 2021 forward refer to the 0
replacement ibit" - 02 ".
Section er Modifications. All other provisions of the Contract, other than
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as specifically addressed herein, shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have accepted,made and executed this W
Second Amendment upon the terms and conditions above stated on the day and year last below
written.
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SIGNATURE PAGE FOLLOWS
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Islamorada,Village of Islands Second Amendment to Contract
For Local Police 5eraices
Packet Pg. 2299
M.2.b
VILLAGE:
By:
Vj&e,Mayor
Date: "
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Attest: cv
By:
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'illag 'Clerk
Date: asf a3j
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Approved as to form and legal sufficiency for the
Use and benefit of Islamorada,Village of Islands:
By: —� W
Villag orney
Date: k9 t
MONROE C 'TY SHERIFF'S OF E:
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By —.—
Richard A. Ramsay, Sheriff
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Date:
Monroe County Sheriffs Office
Approved as to fo
By
atri IcCullah, General Counsel
Page 3 of 4
Islamorada,Village of Islands Second Amendment to Contract
For Local Police Services
Packet Pg. 2300
M.2.b
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
By' _ --
Mayor/Chairman
Date:
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Attest: Kevin Madok, Clerk of Court
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By: m
Deputy Clerk .e
Date:
(SEAL) 0
APPROVED AS TO FORM MONROE COUNTY ATTORNEY
y:--
County Attorney
Date:
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Islamorada,Village of Islands Second Amendment to Contract
For Local Police Services
Packet Pg. 2301
M.2.b
t 6 i 4-
12-Jul-21
Updated by:Lisa Knowles-4J20/21 v2
BUDGET-ISLAMORADA
2 YEAR COMPARISON FOR FYE 2021 TO FYE 2022
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FYE 2021 FYE 2022 +OR(-)
-R$ONNEL SERVICES
Headcount 16.0 18.0 2.0
Executive Salary .�
Regular Salaries 1,160,306 1,340,927 180,621 cV
CD
Overtime 65.290 68,555 3,264 tV
Incentive 12.720 14,160 1.440 may'
Employer Taxes 94,731 108,909 14,178 r
Retirement Contribution CD
299,087 351.042 51,955 cV
Life&Heath Insurance 2,000 2,000 -
Unemployment Compensation
Total Personnel Services 1,634.134 1,885,591 251,457
OPERATING EXPENSES 0
Expenses Other Than Salaries _
Professional Services 4,750 41750 -
Other Contractual Services 0
Investigations - _
Travel&Per Diem 1,500 1,500 -
Communications 9,500 9,500 - ro
Freight&Postage 100 100 -
Utility Services - _ _
Rentals _ 0
Insurance 34.600 34,600 - ro
Repairs 8 Maintenance 71,391 71,391 - y
Printing - _ _ W
Advertising _ - _
Office Supplies 2.050 2,050 -
Operating Supplies 12.185 12,185
Books/Subscriptions/Memberships 1,000 1,000 -
Tuition
Training 2,000 2,000
Total Operating Expenses 139,076 139,076 -
- ... ... 0
CAPITAL OUTLAY 0
Other Building Improvements
Automobiles/Machinery/Equip. 94,169 94,169 - tV
... ...
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Total Capital Outlay 94,169 94,169 tCD
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OTHER USES N
Aids to Government Agencies tCD
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Aids to Private Organizations _
Intragovemmental Transfers _
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Total Other Uses
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TOTAL SHERIFF'S BUDGET 1867,379 2,118.836 251,457
COUNTY COSTS:*
-Health Insurances 211,647 238.103 26,456
-Worker's Compensation 38,048 44.924 6,876
-County Allocation _
Total County Expenses 249,695 283.027 33,332
'Esfimates
TOTAL BUDGET 2,117,074 2,401,864 284,789
Packet Pg. 2302
M.2.b
CONTRACT FOR LOCAL POLICE SERVICES
Between
MONROE COUNTY SHERIFF'S OFFICE
And
ISLAMORADA,VILLAGE OF ISLANDS
FY 2019-2024
1. Purpose. cV
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I.1 This is an agreement between Islamorada, Village of Islands ("the
"VilIage'l a Florida municipality, the Monroe County Sheriffs 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 Islamorada 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 a
from the Village. This Contract states the terms of the agreement
between the parties.
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2. Parties/Notice.
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
86800 Overseas Highway
Islamorada,Florida 33036
Telephone:(305)664-6460
Facsimile: (305)664-6464 `V
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Monroe County Sheriffs Office
Richard A.Ramsay
5525 College Road
Key West,Florida 33040
Telephone(305)292-7001
Facsimile: 005)292-7070
Page 1 of 17
Packet Pg. 2303
Monroe County
County Administrator Roman Gastesi
I 100 Simonton
West,Key Florida 39040
( -4 1
(3292-4544
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.1 The term of this Contract is for a periodof five(5yews,beginning on 04
October 1,2019 and ending e t er 30,2024.
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4. Termination and Remedies.
4.1 In the event that either party breaches a materialor condition of
this e party in breach,upon receipt of a written request from
the non-breacbmg party, shall remedy the breachs of
request.receipt of the If the breach is not cured within the s i a
time period, the non-breachingy utilize the remedies o
declaratoryjudgment, specific performance, mandam-us or injunctive
reliefcompel the breaclungy to remedy the breach. c
4.2 Ei terminate this Contract at any time by giving writteny
ice of at l (1)year prior to the effective date of termination. W
In the event that this Contractis terminated for convenience,
compensation shall remain at the agreed upon amount provided herein.
Shouldtermination extend into a newfiscal e term
of compensation shall be made in accordance with Section 2 1.1.
43 The parties reserve all available remedies afforded by law to enforce
y term of condition of this Contract. The parties shall submit to the �
dispute resolution c s of Chapter 164, Florida Statutes,prior to
the filing of anyl c i .
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5.1 MCSO shall provideprofessional i road l services c cut
(the"Services")Village, Services shall be provided by e contingent(the m
Islamorada District)consisting of
One(1)Captain who serves as Village Police ChieP,
One(1)Lieutenant4
Four( sergeants;
Page 2 of 17
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M.2.b
Ten (10) contract deputies, who shall serve as road patrol officers,
marine officers and general a 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 tam 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 `V
Manager with the planned schedule and monthly reports containing the
names, hours worked by every 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 Con 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
medicalleave. 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 W
Manager. e Manager may choose to fill any vacant position by either
of the followingmethods:
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 officer's tour of duty.
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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.
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5.4 Canine Unit. At anytime during this Contract,the Village may elect to
have 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
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6. Overtime/Off Dui Details.
.1 In addition,the parties recognize at a law enforcement agency requires
flexibility 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 particularissue or to
provide adequate patrol staffing levels. To this end, the Manager,
through e District Captain, y 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 e Village shall reimburse MCS0 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 MCSOis a party, to
e 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.
7. AdditiongJ Services. y
7.i MCSO shall provide such professional li services which shall
encompass all those duties and functionsof the type coming within the
jurisdiction of, and customarily rendered 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 theye
provided to all residents of Monroe County who pay County-wide taxes
thesefor services.
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a. Aviation f Air trauma transport
b. Mobile Command Post
C. Bailiffs and other court personnel
d b squad
e. Civil process services
f. Crime scene investigative 1 processing services
g. Crime lyst services
h. Dive team services
i. Finance services
j. Hostage negotiation services
k. Human resources services
Page 4 of 17
Packet Pg. 2306
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1. Information technology
In. Internal investigations
n. Juvenile offender diversion services
o. Major crimes detectives and investigative services, including
homicide, arson, sexual crimes, child 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
. Police canine s (if available)
r. Police dispatch,including 911 services
S. Police legal advisor
t. Prisoner detention and transport
U. Property and evidence processing d 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
Training
bb. Field Force Unit
Assign ; et o erso el 1 'o o is °ct C �"
8.1 MCSO recognizes 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. Tbe Village 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.
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8.2 The Village Manager shall play an integral part in the selection of
officers for assignment to and promotion within the Islamorada District.
e Manager shall be afforded the opportunity to review personnel
records, 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 a 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
compliance with CSO's guidelines, hiring and promotional policy,
procedures and practices, as well as complying with any collective
Page 5 of 17
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bargaining agreements applicable to said positions, provided that such
vacancy shall be filled within 60 days.
9. Procedure for Selection of District Captain 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 make his selection for District Captain and
Lieutenant in consultation with the Village Manger.
b. MCS0 shall present to the Manager a list of at least three and no
more than, five qualified applicants who, in accordance with
MCSO policy,are qualified to serve in the desired capacity.The
names of these officers, together with their personnel files,
training records, and disciplinary ds 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. y
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 0
compliance with MCSO promotional policy.
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10. CqwRlaints Regarding Officers. N
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10.1 MCSO is committed to maintaining a high standard of conduct and
professiormlism for its officers. Complaints regarding officers shall be
promptly and thoroughly investigated by MCSO. Elected officials and E
employees of Islamorada shall 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 inform the
Manager of the nature of the complaint, advise the Manager of action
takeriand provide a written of the investigation and resolution of
the matter upon completion. If the complaint concerns the Captain, the
Manager may take the matter directly to the Undersheriff.
Page 6 of 17
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11, Resonsibiii for Ultimate Control
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 out limitation, the esftblishment
of standards of performance and conduct,hirin&promotion, discipline
d termination, labor relations, as well as all other matters necessary
or incidental to the performance of such services.
11.2 Consistent with the Islarnorada Charter,no elected official or employee CD
of Lshmorada 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 Captam in accordance with the terms of the Contract. E
12. MCSO Responsibilitties.
12.1 MCSO shall work together with Islamorada to direct police services to
meet the expressed needs of the residents of IslarnoradaL The Captain
shall meet with the Manager frequently to learn of community concerns
d 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 Eloge s_or ®eats o Isla rad V' a of Isl s.
13.1 All officers and other personnel employed by MCSO to perform
services under this Contract me and shall 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.
CD
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 pr i s or payments,workers compensation
benefits under Chapter 440, Florida Statute, or any other amenities of
employment to any Monroe County personnel performmg services,
duties and responsibilities pursuant to this Contract.
1 . Enforcement of MunicivalOrdinances.
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 law, the police powers of Islarnorada which are
necessary to implement and carry forth the services, duties and
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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, ties and responsibilities described and contemplated herein
shall be deemed to be a sworn officer of Wamorada 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 Islarnorada.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 ordinance and whether MCSO can
enforce the ordinance prior to the Village's adoption of the draft
regulations.
15. Legal Claims,Notices of Suit and Lawsuits. o
15.1 The parties shall provide each other with complete and prompt y
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. Unfforms and Markin4-,of Patrol Vehicles and Vessels.
16.1 MCSO shall a that every member of the Islamorada District is
provided with a fully equipped marked patrol vehicle, as well as U)
uniforms.Personnel assigned to Islarnorada shall be provided uniforms
consistent with those uniforms issued to other MCSO uniform personnel cv
including specialty uniforms for marine and bicycle patrol 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 .
. Records/Ins pection/Audit.
17.1 MCSO shall keep records with respect to the expenditure of fimds 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
minimumof five(5) years from the date of termination or expiration of
Page 8 of 17
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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 thart seven working days prior to the _
intended site visit and the identification of the specific records to be
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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 financials ds.
1 . Cn ensation.
0
18.1 Islamorada agrees to pay the sum of$2,166,947.00 Two Million One a
Hundred Sixty Six Thousand Nine Hundred. Forty Seven dollars) for
services, equipment and supplies provided during the first year of this
Con uct (10/l/2019-9/30/2020). This sum is referred to as the o
"Contract Price."
18.2 An analysis of the cost is provided on Exhibit"A-2019"attached hereto.
Care has been taken to include in Exhibit"A-2019" all personnel cost E
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-2019" or
provided at no cost pursuant to Section 5 of this Contract will be
itemized and billed separately to Islamorada.
18.3 Islamorada shall include the total cost shown on Exhibit"A-2019" in CD
the Islamorada municipal budget for fiscal year 2019-2020 and make
timely provision to secure the funds necessary to fund the Contract. CD
Islamorada will pay 2 /12 of the total contract price to the Monroe
County Clerk of Court no later than October 26, 2019 and thereafter 0)
Islamorada,will pay 1/12 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 veNcle 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_
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18.5 Vehicles currently assigned to the Village by the SherifFs Office shall
be amortized over a five-year 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 CSO'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 E
vehicles, the Village will notify MCSO in order for MCSO and the
Village to coordinate the transition of the existing vehicles with the E
Village for the following fiscal . 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 of one
dollar for each and for the duration of the Contract. The Village will
pay for any fuel, tnaintenance 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 suni
of one dollar for each and provide the Village with copies of all current
maintenance rds. 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 mamtain services pursuant to
this Contract. In the event that a vehicle that was 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 from the existing fleet that is similar in tenns of
make,model,age,mileage, and condition. 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 Reports and Cost/Contract Price #ions.
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M.2.b
19.1 MCSO shall provide Islamorada monthly 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,
Islarnorada will reimburse MCSO for the excess cost.If total 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 Pricing, c
21.1 Islamorada and MCSO shall negotiate payment for the second, third,
fourth and fifth years of the Term 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 0
bodies of the parties to this Contract.
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21.2 If the parties are unable to agree on payments for future years on aCD
timely basis, this Contract will terminate on September 30a' of the
current Contract year by written notice. CD
22. Traffic Fines and Forfeitures.
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.
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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 Sheriffs 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 in amount 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. c
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. In!Leninification.
The Village,as a state agency or subdivision defined in Section 768.28,
Florida Statutes,agrees to be fully responsible to the limits set forth in such 0)
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
be liable to the statutory limits for any damages proximately caused by said
acts or omissions,or intentional tortious acts.
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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 City 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 768.28 Florida
Statutes,or any other similar provision of law. Nothing contained herein shall
Page 12 of 17
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be construed to be a 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 CD
for the residents,businesses and visitors of the Village.
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25.2 Upon the termination or expiration of this Contract,the transition period
shall be no less than 12 months.
25.3 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 he 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. Station Facilities and Office Expenses
0
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 for
Islamorada. MCSO personnel will be responsible for the entry of traffic
ticket data. E
27. Law Enforcement Educational Assessments.
27.1 All law enforcement education funds levied and collected by the Clerk
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.
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29. 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 set-off 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 such 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. Paraaoh Headings Not Disrositive.
c
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. No_Presumption Against Drafter.
30.1 The patties agree that this Contract has been freely negotiated by both 0
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 thereto.
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31. Entire Ac,reement/Modification/Amend 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.
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M.2.b
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.
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CD
MONROE COUNTY SHERIFF'S OFFICE
By:
Richard A Ramsay
Date Executed: 0
MONROE COUNTY SHERIFF'S OFFICE c
APPROVED AS TO FORM y
w
By _ al ounsel -
0
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ISLAMORADA,VILLAGE OF ISLANDS,
A Florida Municipal Corporation
Mayor
Date Executed: a.
Page 15 of 17
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M.2.b
ATTEST:
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By: � - :. .
Village lerk
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
CD
BENEFIT OF ISLAMORADA,
VILLAGE OF ISLANDS
CD
By -
Village Attorney
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0
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cv
CD
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cv
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BOARD OF COUNTY comuSSIONERS w
OF M7Mayorl
OUNTY,FLORIDA
By:..
Chair
Date: M
. .. _
Page 16of17
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Attest: ,Kevin Madok Clerk of Court
By
Deputy Clerk _., __......_.
Sol
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OE COUNTY ATTORNEY
ROVED AS TO FORM
j� E
By. f.
County Attorney u
Date:
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M,2,b
EXHIBIT A-2019
03-Jul-19
Updated by:Lisa Knowles-419/19 v3
BUDGET-ISLAMORADA
2 YEAR COMPARISON FOR FYE 2019 TO FYE 2020
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FYE 2019 FYE 200 +O (®}
pE- RSONNgL JERVICES
Headcount 16.0 16.0
Executive Salary - -
tVRe Regular Salaries 1,144,247 1,15,228
50, 81 CD
Overtime 62,779 66,784 4,005 CN
Incentive 11,880 10,440 (1,440)
Employer Taxes 93,246 97,343 4,096
CD
r
Retirement Contribution 284,536 320,369 35A33CN
Life&Health Insurance 2,000 2,000
Unemployment Compensation
Total Personnel Services 1,598,688 1,692,164 93,476
OPERATING EXPENSES
Expenses Other Than Salaries _
Professional Services 4,750 4,750 -
Other Contractual Services , O
Investigations
Travel&Per Diem 1,500 1,500
Communications 9,500 9,500 -
Freight&Postage 100 100 -
Utility Services - _
Rentals _ _
Insurance 34,600 34,600 -
Repairs&Maintenance 64,791 64,791 - N
Printing - - _
Advertising
Office Supplies 2,050 2,050 _
Operating Supplies 12,185 12,185 _
Books/Subscriptions/Memberships 1,000 1,000 -
Tuition
Training 2,000 2,000
Total Operating Expenses 132,478 132.476
CAPITAL OUTLAY
Other Building Improvements _
Automoblies/Machinery/Equip. 86,969 86,969 cV
tV
Total Capital Outlay CD
86,969 86,969 - N
r
OTHER USES tV
CD
Aids to Government Agencies _ _ _ cV
Aids to Private Organizations _
Intragovernmental Transfers -
Total Other Uses _
C
TOTAL SHERIFF'S BUDGET 1,818,133 1,911,609 93,476
COUNTY COSTS
-Health Insurances 211,647 211,647
-Worker's Compensation 46,383 43,639 (2,744)
-County Allocation -
Total County Expenses 558,030 255,286 (2,744)
"Estimates
TOTAL BUDGET ^' 263 2166895 90,732
Packet Pg. 2320