FY2019-2024 2nd Amendment 09/15/2021 GJ.S COURT4\1�
op�;;;°Z,`,F%gs, Kevin Madok, CPA
;A':• 7) i
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: November 15, 2021
TO: Patrick McCullah
General Counsel, MCSO
Michelle Quad
Executive Assistant
FROM: Pamela G. Hanc•• 'I I.C..
SUBJECT: September 15th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
M2 2nd Amendment to Contract for Local Police Services with the Village of
Islamorada, the Monroe County Sheriffs Office and Monroe County.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
SECOND AMENDMENT TO CONTRACr FOR 1A)CAL POLICE SERVICES
This Second Amendment to Contract for Local Police Services between Islarnorada,
Village of Islands.,Monroe County Sheriff a Office,and Monroe County,is made and entered
into as of date last written below by and between Islainorada,Village of Islands,Florida,a
municipal corporation of the State of Florida(the"village),monroe County SherifPs Office
C'MCSU'),a subdivision of the State of Florida,and Monroe County,a political subdivision of
the to of Florida(Vburity").
WUNESSETH
WHEREAS,In October 2014)the Village entered into a five year Contract for the
provision of Local Police Services with MCSO and County(the'rontract"I a copy of which is
attached as Exhibit"I
WHEREAS,pursuant to Section 2 1.1 of the Contract.,compensation for Local Police
Services for each fiscal year shall be set by amendment to the Contract,and
VMEREAS,the Village desires to amend the Contract to set the compensation for Fiscal
Year 1- (the-Second Amendment!').
NOW THEREFORE,in consideration of the mutual covenants set forth in this Secon-d
Amendment the parties agree as follows:
Section 1. Amendment to Agreement Section 18 of the Contract is arsended to read
as follows:
1& COMPENSATION.
1-8.1 Village agrees to pay the sum of S2,401,864 (Two Million Four Hundred One Thousand
Eight Hundred Sixty Four Dollars)for services,equipment and supplies provided during the
third year of this Contract(10/1/2021-9/30Z2022). This sum is referred to as the"Cbruract
Price."
18.2 An analysis of the cost is provided on Exhibit"A-2021"'attached hereto. Care
has been taken to include in Exhibit"A-2021"all personnel cost and every it of equipment
and supply necessary to provide services called for in the Contract,including those provided
Page 1 of 4
Istamormb,Village of Wands Second Amendment to Contract
For Local Police Services
under Section 5 herein. However, any cost it ern not listed on Exhibit "A-2021" tar providetl at no
cost pursuant to Section 5 of this Contract will be itemized and billed separately to Village.
183 Village shalt include the total cost shown on Exi'tibit"A-2021"in the Islaniorada
municipal budget for FY 2021- 22 and make timely provision to secure the fbnds necessary to
fund the contract, Village will pay 2/12of the total contract price tothe Clerk of Court no later
than October 26, 2021 and thereafter Village will pay 1/]2 of the total contract price on or before
the first day of"each succeednig month until the total contract price is paid. NI.oltw,i.th.s"tand,i,,Tz;,,thp
qTqtq -jykyn i ent shall be based jh1(m the Contract Price
in effect for each fiscal car of the term,
Section 2. Second Year Psyment'Ferms. Exhibit"A-2020"of the Contract is replaced
in their entirety with replacement Exhibit "A-2021"dated July 12,2021, attached. All
references to Exhibit"A" in the Contract shall be fi-om October 1, 2021 forward refer to the
replacement Exhibit"A-2021".
Section 3. No Further Modifleations. All other provisions of the Contract, other than
as specifically addressed herein, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Second Amendment upon the terms and conditions above stated on the day and year last below
written.
SIGNATURE PAGE FOLLOWS
Page 2 of 4
Islamorada,Village of islands Second Amendment to Contract
For Local Poke Setvices
VILLAGE:
"{
ayor
ate _ , _ . 3 _
.Attest:
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Villagt Clerk
ate® a ,
Approved as to form and legal sufficiency for the
Use and benefit of Islamorada,Village of Islands:
By: —�
Villag orney
Date: 14 Usf, t° 1
SHERIFF'S
By: Y S74
Richard say, Sheriff
Date: _..__. _- ,_.
Monroe Co rity Sheriff's Office
Approved as t c�
e
tri MwCullah, General Counsel
Page 3f
Isla ore ae Village of Islands Second e t to Contract
For Local Police Services
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
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Mayor/Chairman
Date: iicas44444_, IC 2-0 7-1
Attest: Kevin Madok,Clerk of Court
By:
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_ Page 4 of 4
Islamorada,Village of Islands Second Amendment to Contract
For Local Police Services
, _ _
A
12-Jul-21
Updated by:Lisa Knowles®4120/21 v2
BUDGET-ISLAMORADA
2 YEAR COMPARISON FOR FYE 2021 TO FYE 2022
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FYE 2021 EYE 2022 +OR
EgRgQMMEL SERYI.CES
Headcount 16.0 18.0 2.0
Executive Salary
Regular Salaries 1,160 306 1,340,927 180,621
Overtime 65,290 68,556 3,264
Incentive 12,720 14,160 1 A40
Employer Taxes 94,731 108,909 14,178
Retirement Contribution 299,087 351,042 51,955
Life&Health Insurance 2.000 2,000 -
Unemployment Compensation - -
Total Personnel Services 1,634.134 1,885,591 251,457
_QRG EXPENSES
Expenses Other Than Salaries - - -
Professional Services 4,750 41750
Other Contractual Services
Investigations - -
Travel&Per Diem 1,500 1,500
Communications 9,500 %500
Freight&Postage 100 100
Utility Services - -
Rentals
Insurance 34,600 34,600
Repairs&Maintenance 71,391 71,391
Printing -
Advertising - - -
Office Supplies 2,050 2,050 -
Operating Supplies 112,1185 12,185 -
Books/Subscdptions/Memberships 1,000 1,000 -
Tuition
Training 2,000 2,000
Total Operating Expenses 139,076 139,076
CAPITAL OUTLAY
Other Building Improvements - -
Automobiles/Machinery/Equip. 94,169 94,169
Total Capital Outlay 94,169 94,169
OTHER USES
Aids to Government Agencies
Aids to Private Organizations
In governmental Transfers
Total Other Uses
TOTAL SHERIFF'S BUDGET 1,867,379 2,1118.836 251,457
.. ..........
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
*Estimates
TOTAL BUDGET 117-074 2,40104 284,789
CONTRACT FOR LOCAL POLICE SERVICES
Between
MONROE COUNTY SHERIFF,S OFFICE
And
ISLAMORADA,VULAGE OF ISLANDS
.lThis is an agreement between Islamorada, Village of Islands Cthe
"Village")
e ilI ")a Florida municipality, the Monme County Sheriffs Office
l a subdivision of the State of Florida, and Monroe County a
political ! t as
County). The parties
have herein agreed that the Village
1 is s I1 0
regionial police services provided to the residents of the unincorporated
areas of Monroe County. 1 provide
allocationthe appropriate budget or receive payments
from the This is s t
Village.between the .
2. ce.
®1 The parties to this Conftzct are County the Village
1 communications requiredto be provided
parties as follows:
lslamOT24 Village of Islands
LawlessSeth
ill
86800 Overseas 1 a
Islamorada,Florida 33036
Telephone,( 5)664-6460
Facsimile: (3
SheriffsMonroe County Office
RamsayRichard A.
5525 College Road
Key c lorida 33040
Telephone( )292-7001
Facsimile: 3 292-7070
Page I of 17
Monroe County
County Administrator Roman Gastesi
1100 Simonton Street
Key West�Florida 3304.0
(305)292-4441
(305)292-4544
3. Term.
3.1 The term of this Contract is for a period of five(5)yem,beginning on
October 1,2019 and ending September 30,2024
® Termination and Remedies.
4.1 In the event ftt either party breaches a material tem or condition of
this Contract,the party in breach,upon receipt of a written request from
the non-breaching party, shall remedy the breach wititin 30 days of
rcceipt of the request. If the breach is not cured within the specified
time period, the non-breaching pwty may utilize the remedies of
declaratory judgment, spm, 'fic performance, mandamus or injunctive
relief to compel the breaching party to remedy the breach.
42 Either party may terminate this Confiact at any time by giving written
notice of at least one(1)ycar prior to the effective date of termination.
In the event that this Contract is terminated for convenience,
cA)Mpensation shall remain at the agreed upon atnount provided.herein.
Should the temiination period extend into a new fiscal year, the ternas
of compensation shall be made in accordance with Section 21.1.
43 The parties reserve all available remedies afforded by law to enforce
any tmn of condition of this Contract. The parties shall submit to the
dispute resolution procedures of Chapter 164, Florida Statutcs,ptior to
the filing of any legal proceeding.
5. §VpL�ofPu�rchawd�Srv�fc .
5.1 MCSO shall provide prof cssional police road patrol services throughout
(the"SeMces"° 'Villa ge, Services shall be provided by a contingent(the
Islaanorada District)consisting of:
One(1)Captain who serves as Village Police ChieP,
One(1)Lieutenant;
Four(4)sergeants;
Page 2 of 17
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 lunded road patrol deputies with regional responsibilities.
5,2 Road patrol senices shall be provided 24-hours per day on every day of
the terur 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 Islarnorada during the reporting period.
5.3 The staffing plan for this Contract is designed to utilize the proper
number of officers to maintain shift coverage considering planned and
unplanned absen= due to injury, illness,vacation, training and family
medical leave, 'fhe staffing schedule shall be determined by the
Manager in coordination with the Islamorada, District Captain. The
Captain shall make all reasonable efforts to coordinate training, sick
leave, annual leave and administrative leave, to provide optimum
services to Islamorada. If, despite these efforts, a shift remains unfilled
or falls below minimal staffing levels, the Captain shall notify the
Manager. The Manager may choose to fill any vacant position by either
of the following methods:
a. Request that an officer from inside the Islamorada District be
assigned to work on an overtime basis. In this case,the Village
shall pay offices to 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 and to enhance the services provided herein. To
this end, the Manager, through the District Captain, may authorize the
use of a canine unit,with the actual costs to be borne by the Village and
the Village shall reimburse MCSO should the canine unit costs exceed
the budgeted amounts specified in this Contract.
Page 3 of 17
6. Overtime(Off Du,,-N 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 supplemental law
enforcement personnel are needed, as well as other instances when the
Village may wish to enhance services to addms a particular issue or to
provide adequate patrol staffing levels. To this end, the Manager,
through the INstnct 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 bome by the Village
and the Village shall reimburse IMCSO should the overtime hours
exceed the normally budgeted overtime figure specified in this Contract.
6.2 Nothing in this Contract shall require MCSO to take any action contrary
to any collective bargaining agreement to which MCSO is a party, to
the collective bargaining rights of any MCSO employee, or federal,
state, or local employment or civil rights law.
6.3 The Captain or his designee shall attend the Manager's weekly staff-
meetings and such other meetings as the Manager shall reasonably
request, ea g.those of the Village Council,
7. Additional Services.
73 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 is or 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 is as they are
provided to all residents of Monroe County who pay County-wide taxes
for these services,
a. Aviation/Air trauma transport
bm -T%4obile Command Post
c. Bailiffs and other court persomel
(L Bomb squad
C. Civil process services
f Crime scene investigative/processing services
91 Crime Analyst services
h. Dive team services
i. Finance services
j. Hostage negotiation services
ke Hurnan resources services
Page 4 of 17
1. Infortnation technology
M. Internal investigations
n. Juvenile offender diversion scrvices
0. Major crimes detectives and investigative services, including
homicide, on, sexual crunes, child abuse and neglect,
-narcotics and coordination of regional, statewide and national
investigations and all other investigations as outlined in
MCSO policy.
P. Neighborhood and business Crime Watch services
q. Police canine services (if available)
r. Police dispatch, including 911 services
S. Police legal advisor
t. Prisoner detention and transport
U. Property and evidence processing and storage
V. Public Information Officer services
W. Records and data entry functions for all MCSO records,
including traffic tickets
X° School Resource Officers and DARE instructors
Y- SWAT team services
Z. Traffic enforcement unit services
aa. Training
bb. Field Force Unit
8. Assicurnent of Penonnel and Selection of Distriet LC AL�taln,
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 who 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 sluM 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 Isla. orada 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 Islarnorada District staffied 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
Page 5 of 17
bargaining agreements applicable to said positions, provided that such
vacancy shall be filled within 60 days.
9. Procedure for Seleetion of District ICAjtain 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 appiicants from which the
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
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
together. Each candidate must be given comparable
opportunities for interviews and presentations.
d. MCSO shall appoint the candidate selected by the Sheriff, in
consultation with the Village Manger, to fill the vacancy in
compliance with MCSO promotional policy.
10. f.�oxn ts Re- rd* 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 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
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 Undersheriff.
Page 6 of 17
11. RmLqjtsftb%V or Ultintate�oj rol.
- - _kt-
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 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. MCS, Riens Imo
12.1 MCSO shall work together with Islarnorada to direct police services to
meet the expressed needs of the residents of Islamorada. The Captain
shall meet,with the Manager frequently to le am of cornmunity 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. 0fracers;not Emglo s or Aaggts ofjdamorada Village of Islands.
13.1 All officers and other personnel employed by MCSO toperform
services under this Contract are and shall remain in the sole employment
of MCSO and no such person shall be considered in the employ of
Islamorada for the purpose of any pension, insurance, civil service,
workers' compensation pay or other benefit MCSO officers are not
agents or employees of Islamorada, and will not have the authority to
enter into agreements or make policy on behalf of Islamorada.
Accordingly,the Village shall not be called upon to assume or share any
liability or direct payment of any salaries, wages, contribution to
pension funds,insurance premiums or payments,workers compensation
benefits under Chapter 440, Florida Statute, or any other amenities of
employment to any Monroe County personnel performing services,
duties and responsibilities pursuant to this Contract.
14. Enforcement of MunicLual Ordinances.
14.1 Islamorada does hereby vest in each sworn officer of MCSO who, from
time to time, may be assigned to the Islam car ada 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
Page 7 of 17
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 MCSC 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 Undershcriff and MCSO
General Counsel the text of proposed ordinances in time sufficient for
review and discussion with the Manager. MCSO will provide the
Manager advice from a practical law enforcement perspective
concerning any proposed criminal ordinance and whether MCSO can
enforce the ordinance prior to the Village's adoption of the draft
regulations.
15. Le al 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.
16. Uniforms and Marking of tMl cles an4 Vessek.
16.1 MCSO shall ensue that every member of the Islamorada District is
provided with a fully equipped marked patrol vehicle, as well as
uniforms.Personnel assigned to I rada 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 we a patch on the left
shoulder depicting the Islamorada, Village of Islands Official Village
Sea] .
17a Records/lnsvd etion/Audit.
17.1 MCSO shall keep records with respect to the expenditure of funds paid
by the Village and the services provided to the Village under this
Contract. All of these records shall be retained by MCSO for a
minimum of five (5) years from the date of termination or expiration of
Page 8 of 17
this Contract MCSO shall maintain accounting records on expenditures
under this Contract in accordance with. generally accepted accounting
standards,generally accepted government accounting standards,MC SO
policies and procedures, to 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 thari 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.
18. aflo
Co
Cq�nsn�-
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."
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
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 itern not listed on Exhibit "A-2019" or
provided at no cost pursuarit 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
the Islamorada municipal budget for fiscal year 2019-2020 and make
timely provision to secure the fimds 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 Islam errs da 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
Page 9 of 17
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 MCSO's periodic
vehicle fleet review in connection with any vehicles to be acquired or
replaced for use within the Islamorada District, in order to select the
type of vehicles to be used, including the use of patrol cruisers, SUVs,
hybrids,etc., in accordance with MCSO vehicle specifications.
18.7 At the sole discretion of the Village, the Village may elect to purchase
vehicles directly using MCSO vehicles specifications, as they may
change from time-to-time. If the Village so elects to purchase the
vehicl e Village will not MCSO in order for MCSO and the
Village to coordinate the vansition of the existing vehicles with the
Village for the following fiscal year. If the Village elects to directly
purchase these vehicles, the title for these vehicles purchased by the
Village will be subsequently transferred to MCSO for the sum of one
dollar for each and for the duration of the Contract. The Village will
pay for any fuel, maintenance and other operating costs a&ually
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 fimds back to the Village for the sum
of one dollar for each and provide the Village with copies of all current
maintenance records. The sale of these vehicles back to the Village will
be phased in during the transition period as provided in Article 25.
MCSO will continue to own,operate and maintain possession of any of
these vehicles during the transition period when necessary to supply
patrol off-icers 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 "totalc&' according to MCSO criteria, such vehicle will be
replaced with a vehicle from the existing fleet that is similar in terms of
make,model, age,mileagc, and condition- Furthermore,these vehicles
that were originally purchased with Village funds and subsequently
titled to MCSO will be retired according to MCSC policies. The Village
will be responsible for replacing these vehicles as they are retired.
CSC l notify the Village of the number of vehicles anticipated for
retirement. Refired vehicles will be transferred back to the Village for
the sum of one dollar fbr each vehicle.
19. Cost ReLorts and Cost/Contract Price 0 v.lions.
Page 10 of 17
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 to 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.
® 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
deternrine the final balance. If incurred costs exceed total payments,
Islamorada will reimburse MCSO for the excess cost- If to payments
exceed incurred costs,MCSO shall reimburse Islarnorada for the excess
payment amount. This reconciliation shall include both MCSO and
County cost portions of the annual budget.
21. Future Year Pri ' g cm ,
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 meniorandurn stating the new terms and
acknowledging Islamorada's acceptance of them.An amendment of this
Contract signed by the parties shall be sufficient to amend the financial
terms of this Contract,subject to all required approvals by the governing
bodies of the parties to this Contract.
21.2 If the parties arc unable to agree on payments for future years on a
timely basis, this Contract will terminate on September 30' of the
current Contract year by written notice.
22. Traffic Fines and 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.
Page 11 of 17
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 MCS O into the
Sheriff's Law Enforcement Trust Fund for the Sheriffs use in
Islamorada. Islarnorada 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, MCS O shall
allocate ftmdg 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 MCS O for the seizure and forfeiture.
In both cases the allocated share shall be earmarked for use by MCSO
within Islamorada.
23.3 MCSO will make every possible good faith effort to provide the Village
with periodic reports detailing all pending forfeiture or seizure cases within
the Village, the status of such cases,and all real and personal property, and
currency or funds forfeited or seized.
24. Indemniftentionr.
The Village,as a to agency or subdivision defined in Section 76818,
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.
MC SO, 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 MC SO,and agrees to
be liable to the statutory limits for any damages proximately caused by said
am or omissions, or intentional tortious acts.
Nothing contained in this Sectcorns 1 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
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.
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 to 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 MCSC during the phase-out period all
be a pro-rated at the time oft ation or expiration,and shall be in an
amount agreed to by the parties.
26. Station Facilities and Mee Fy I
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 Islarnorada District for law
enforcement education and training purposes authorized by statute,
Page 13 of 17
28. Mutual Aid.
28-1 The parties recognize their obligation to provide emergency assistance
to other jurisdictions (including without limitations the Cities of Key
West, Marathon, Key Colony Beach, on, the Ocean Reef Public
Safety District,unincorporated Monroe County and any municipalities
incorporated in Monroe County after the effective to of this contract)
pursuant to the Florida Mutual Aid Act and in the event of a catastrophe.
MCS O may direct Islamorada District officers to render aid in either
case in a manner consistent with the deployment by MCSO of other
MCS O 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
sdictions 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- ftrqgLa ) sitive.,L _Nqt 211!1�o
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 Preqp!pIpti2p,&ainst Drafter.
30.1 The parties agree that this Contract has been freely negotiated by both
parties,and that in any dispute over the meaning,interpretation,validity
or enforceability of this Contract or any of its terms or 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,�,i-eement[Modification/Amendment.
3 1.1 This writing contains the entire Agreement of the parties and sup es
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
31.2 No agent,employee,or other representativeof either party is empowered
to modify or amend the terms of this Agreement unless executedwith
the same formality as this document.
31.3 This Contract may be modified at anytime during the term of mutual
written t of both parties.
IN WITNESS VMEREOF, e parties have executed s Contract as of the
datest Blow.
SHERIFF'SMONROE COUNTY
Richard A. Ramsay
DateExecuted:--
MONROE COUNTY t x
SHERIFF'S
-
APPROVED AS TO FORM
0ounsel
ISLAMORADA,VILLAGE OF ISLANDS,
MunicipalA Florida o r
Mayor
Date Executed:
Page 15 of 17
ATTEST:
Villag�ylerk
APPROVEDAS TO FORM AND
LEGALITY FOR THE USE AND
BENEFIT OF ISLAMORADA,
VILLAGE OF ISLANDS
By: _ w_............
Wage Attomey
OF Ri BOARD OF COUNTY COMMISSIONERS FLOREDA
` —
Chairman
Date: a d
Page 16 f 17
Attest: Kevin Madok Clerk of Court
r f
DeputyClerk
Y 4
L)
COUNTY ATTORNEY
--A ROVED} AS TO FORM
County A.ttoTe' y »..,.
Date:
Page 17 of 1
EXHIBIT A-2019
03-Jul-19
Updated by:Lisa Knowles-419/19 v3
BUDGET-ISLAMORADA,
2 YEAR COMPARISON FOR EYE 2019 TO FYE 2020
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FYE 2019 FYE 2020 +OR
egaigh N 96.IQ IV-ICARS
Headcount 16,0 16.0
Executive Salary - -
Regular Salaries 1,144,247 1,195,228 50,981
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 35,833
Life&Health Insurance 2,000 2,000
Unemployment Compensation - -
Total Personnel Services 1,598,688 1,692,164 93,476
OPER&TING EXPENSES
Expenses Other Than Salaries - -
Professional Services 4,750 4,750
Other Contractual Services - -
Investigations -
Travel&Per Diem 1,50D 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
Printing - -
Advertising - -
Office Supplies 2,050 2,050
Operating Supplies 121W 12,185
Books/Subscriptions/Memberships 1,000 1,001) -
Tuition - - -
L, 00 00L
Training -
----- 0- ----l,-
Total Operating Expenses 134476 132,476 -
CAPITAL OUT Y
Other Building Improvements - -
Automobiles/Machinery/Equip. 86,969 86,969
Total Capital Outlay 86,969 86,969
gTHER USES
Aids to Government Agencies -
Aids to Private Organizations
Intragovernmental 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
*Estimates,
TOTAL BUDGET -90,732'