FY2003 10/16/2002
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305)295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
January 17,2003
TO:
Sheriff Richard D. Roth
Monroe County Sheriffs Office
FROM:
Annette Barrios, Executive Assistant
Legal Division
Pamela G. Hancn~
Deputy Clerk r:y
ATTN:
At the October 16, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Contract for Local Police Services between Monroe
County, Monroe County Sheriff's Office and the City of Layton.
Enclosed are two duplicate originals of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
County Attorney
Finance
File '"
Contract for Local Police Services
Monroe County Sheriff's Office and the City of Layton
and the Board of County Commissioners of Monroe County, Florida
I-Purpose. The City of Layton, a Florida municipality ("Layton"), and the
Monroe County Sheriff's Office ("MCSO"), a subdivision of the State of
Florida, have agreed that Layton will purchase and MCSO will provide local law
enforcement services to Layton in addition to regional police services provided to
residents of the unincorporated areas of Monroe County. This Contract states
the terms of the agreement between the parties. The Board of County
Commissioners, the budget and funding authority for the Sheriff, is a party to this
contract.
2-Parties. The parties to this Contract are Layton and MCSO. Any
communication required to be provided by either party may be directed to:
City of Layton
The Honorable Carol Mac Laren, Mayor
68260 Overseas Highway, Box 778
Long Key, Florida 33001
Telephone: (305) 664-4667
Facsimile: (305) 664-0105
MCSO
Colonel William R. McDonald, Undersheriff
5525 College Road
Key West, Florida 33040
Telephone: (305) 292-7001
Facsimile: (305) 292-7070
3-Term. The term of this Contract begins October 1,2002 and ends
September 30, 2003.
4-Scope of purchased services. MCSO will provide professional local
road patrol law enforcement services throughout the City of Layton. "Local road
patrol law enforcement services" include response to calls for law enforcement
service and regularly scheduled patrol by uniformed law enforcement officers in
marked patrol cars whose full-time duty assignment involves responding to calls
for service and engaging in crime prevention activities, sergeants who provide
first-line supervision to those officers, and general case detectives not assigned to
investigate major crimes or function as crime scene technicians. The level of
service provided to Layton will be identical or superior to the level of service
provided to the unincorporated areas of Monroe County, and identical or better
to that provided currently.
5-0ther services. Apart from this Contract, MCSO shall also provide the
following services to Layton on the same terms and at no additional charge or
expense as they are provided to all residents of Monroe County:
-Aviation
-Bailiffs and other court personnel
-Bomb squad
-Civil process
-Community policing specialists
-Crime scene services
-Criminal analyst services
-Dive team
- Environmental officers
- Finance
- Hostage negotiation
-Human resources
-Information technology
-Internal investigations
-Juvenile officers
-Major crimes detective and investigative services, including homicide,
arson, sexual crimes, child abuse and neglect, narcotics and coordination of
regional, statewide, and national investigation
-Neighborhood and business Crime Watches
- Police canine
-Police dispatch, including 911 services
- Police legal advisor
-Prisoner detention and transport
-Property and evidence
-Public information officer
- Records
- Regional administration
-School crossing guards
-School resource officers and DARE instructors
-SWAT team
-Traffic unit
-Training
6-Complaints regarding officers. MCSO is committed to maintaining a
high standard of professionalism for all of its officers. Complaints regarding
officers shall be promptly and thoroughly investigated by MCSO. Elected
officials and employees of Layton shall not undertake investigations of any
officer. Any complaints or concerns regarding the MCSO officers should be
directed to the District Commander in Marathon or the Office of Internal
Affairs.
7-Responsibility for ultimate control. Layton understands, acknowledges and
agrees the MCSO must, at all times, have and maintain the sole responsibility for
and control of all services hereunder, including without limitation, the
establishment of standards of performance and conduct, hiring, promotion,
discipline and termination, labor relations, as well as all other
matters necessary or incident to the performance of such services.
No elected official or employee of Layton may direct the actions of
MCSO officers.
8-Attention to needs of Layton. MCSO will work together with Layton
to direct police services to the meet the expressed needs of the residents of
Layton. MCSO senior police administrators will meet with the Mayor frequently
to learn of community concerns and shall work closely with the Mayor to devise
plans and methods best suited to respond to those concerns.
9-0fficers not employees or agents of Layton. All deputies and other
persons employed by MCSO to perform services under this Contract are and
shall remain in the sole employment of MCSO and no such person shall be
considered in the employ of Layton for the purpose of any pension, insurance,
civil service, worker's compensation payor other benefits. MCSO officers are not
agents or employees of Layton, and will not have the authority to enter into
agreements or make policy on behalf of Layton.
to-Enforcement of municipal ordinances. MCSO deputies will be
authorized under Florida law to enforce the Florida state law and applicable
county and municipal ordinances. Layton agrees to provide MCSO six copies
and every member of its District one copy of such ordinances. Further, Layton
agrees to provide MCSO with the text of proposed ordinances in time sufficient
for review and discussion with City officials and their advisors. MCSO will
provide City officials advice from a practical law enforcement perspective
concerning any proposed criminal ordinance.
ll-Legal claims, notices of suit, and lawsuits. The parties shall provide
each other with complete and prompt notification of any legal claim, notice of
suit, or lawsuit that involves the provision of services hereunder, and shall
cooperate in the mutual defense of any such claims. This Section does not
require either party to assume the financial obligations of the other.
12-Payment for services. Layton agrees to pay for law enforcement services
delivered under this Contract. The amount of payment will be determined by ad
valorem millage levied upon Layton real property. The millage used to determine
the price paid by Layton shall be the lesser of 1.0 mills or the millage set by
Monroe County for local police services in the unincorporated areas of the
county. Layton shall levy a millage upon its taxpayers for the purpose of funding
this Contract and pay the revenues as they are collected to the Clerk of Court.
The Clerk will pay them to MCSO as provided by la~
13-Fines and forfeitures. The parties acknowledge Layton's entidement to fines
and forfeitures pursuant to ~318.21, Fla. Stat. (2000).
14-Law enforcement education assessments. Layton agrees to prompdy
remit to MCSO all monies currendy received by it from the Clerk of Court
attributable to assessments of court costs intended for criminal justice training
purposes. MCSO will use these funds solely for law enforcement education as
required by la~ Any new assessments enacted by Layton for law enforcement
training purposes will be shared between MCSO and Layton for the purposes
intended by la~
15-Mutual aid. The parties recognize their obligation to provide assistance
to other jurisdictions (including without limitation the Cities of Key West,
Marathon, Key Colony Beach, Islamorada, the Ocean Reef Public Safety District
and any municipalities incorporated in Monroe County after the effective date of
this Contract) pursuant to the Florida Mutual Aid Act and in the event of
catastrophe. MCSO may direct its officers to render aid in either case in a
manner consistent with the deployment by MCSO of other MCSO officers
without fmancial set-off or deduction by Layton. The Manager will be given all
possible notice of such deployment and written reports of the actions of officers
so deployed.
16-Paragraph headings not dispositive. The parties agree that the
headings given the paragraphs and other subdivisions of this Contract are for
ease of reference only and are not dispositive in the interpretation of Contract
language.
17 -No presumption against draftsperson: The parties agree that this
Contract has been freely negotiated by both parties, and that, in any dispute over
the meaning, interpretation, validity, or enforceability of this Contract or any of
its terms or provisions, there shall be no presumption whatsoever against either
party by virtue of their having drafted this Contract or any portion thereof.
Agreed to on / tJ l
I
By:
Monroe County Sheriff's Office
iZaAd. tJ. /2t
Sheriff Richard D. Roth
By:
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