FY2004-2006 10/15/2003
Clerk DIllie
Circul coun
Danny L. Kolhage
Phone: 305-292-3550 Fax: 305-295-3663
Memorandum
To:
Richard D. Roth,
Sheriff of Monroe County
Isabel C. DeSantis, f _ 1;
Deputy Clerk 7
Tuesday, November 04, 2003
From:
Date:
At the BOCC Meeting of October 15, 2003, the following items were approved:
./ Municipal Police Services Contract with the Village of Islamorada, Monroe
County Sheriff's Office and the BOCC.
Contract for local police services by the City of Layton, Monroe County Sheriff's
Office and the BOCC.
Enclosed please find duplicate two (2) originals of the subject documents for your
handling.
Copies: Finance
County Attorney
'/File
Sheriff
Communications:
27% Overseas Hwy.
Marathon, F1. 33050
(3(5) 292-7075
FAX (305) 2~9-2493
Substations:
Freeman Substation
20950 Overseas Hwy.
Cudjoe Key. Fl. 33042
(.1051 745-31 ~4
FAX (3051 745-3761
Marathon Suhstation
~ 103 Overseas Hv...'y.
Marathon, Fl. 3.,050
(.105) 2~9-2430
FAX (3051 2~9-2497
hlamoradu Suhstation
~7000 Overseas Hwy.
Islamorada. FI. 3.,036
(305 1 ~53-7021
FAX (30S) ~S3-93n
Spottswood Suhstation
~~770 Overseas Hwy.
Tavernier. FI. 33070
(30S) ~S3-3211
FAX (.105) ~53-320S
Detention Centers:
Key West Det. Center
SS()! College Road
Key West. F1. 33040
(3051293-7300
FAX (.10S) 293-7353
Marathon Oct. Facility
39~ I Ocean Terrace
Marathon. FI. 33050
(305) 2~9-2420
FAX (305) 2~9-2424
Plantation Det. Facility
53 High Point Road
Plantation Key. Fl. 33070
13(5) ~S3-3266
FAX (3051 ~S3-3270
SDecial ODe rations
PO. Box S00975
Marathon. F1. 33050
(305) 289-2410
FAX (.10S) 289-2498
Monroe County Sheriffs Office
2{ichard 1). 2\9th} Sheriff
5525 Co[[ege 1\9ad
~y West/J[onda 33040
(305) 292-7000 !J5tX: (305) 292-7070 1-800-273-COPS
www.kJysso.net
October 27,2003
Clerk of the Court
500 Whitehead Street
Key West, Florida 33040
Re: Contracts - Islamorada, Village of Islands
City of Layton
To Whom It May Concern:
Enclosed please find three (3) original signed copies of the above
referenced contracts. Please execute and return two (2) copies of each
tome.
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Sheriff s Aide
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Contract for Local Police Services
Monroe County Sheriff's Office and Islamorada, Village of Islands
FY 2004-2006
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Page 1 of 14
Contract for Local Police Services- FY 2004-2006
Momoe County Sheriff's Office and Islamorada, Village of Islands
Contract for Local Police Services
Monroe County Sheriff's Office and Islamorada, Village of Islands
FY 2004-2006
Table of Contents
I-Purpose: ..... ........... ... ... ... ........ .......... ........ .... .................................. ........ ...... 4
2- Parties :... ...... ...... ........... .......... ....... ...... ..... ... .... .......... ........ ........ ............... .... 4
3- Term.: ......... ........ ............................. ...................... ... .... ....... ......... ........ ..... .... 4
4-Scope of purchased services: .......................................................................5
5-0ther services: ......... ......... .... ... ................... .... ..... ........... ............ ..... ...... ...... 6
6-Assignment of personnel and selection of District Captain:.................... 7
7-Procedure for selection of District Captain and Lieutenant: .................... 8
8-Complaints regarding officers: .... ........ ........... ................. ............. ........ ................. .... 8
9-Responsibility for ultimate control: ....................................~....................... 8
to-Attention to needs of Islamorada: ............................................................ 9
11-0fficers not employees or agents of the Village:...................................... 9
12-Enforcement of municipal ordinances: .................................................... 9
13-Legal claims, notices of suit, and lawsuits: .............................................. 9
t4-Uniforms and marking of patrol vehicles: ............................................... 9
15-Contract cost an.d payment: ... ................. ............. .... ............ ..... ......... ...... ... .10
Page 2 of 14
Contract for Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and Islamorada, Village of Islands
16-Cost reports and cost/Contract Price options:........................................l0
17 -Year-end reconciliation: .. ... .... ..... ...... ........ ....." .....".........".... ... ........ ...".. .....11
18- Future year pricing:.. ..............".. .........."...." ....... .... ... ....." ..."".. ..." ...".. ....."" ....11
19- Traffic fines and forfeitures: ......................................................................11
20-Florida Contraband Forfeiture Act proceeds: .........................................11
21-Station facilities and office expense: ........................................................12
22-Law enforcement education assessments: ................,..............................12
23- Mutual' aid: .....".. ...""" ... ... ......"" ...".. ..... ..... ....""".. ..... ...".."" ...."".. ..."......" ..." ... ....12
24- Paragraph headings not dispositive:...... ........ ......... .................................12
25-No presumption against drafter: .............................................................13
Page 3 of 14
Contract for Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and Islamorada, Village of Islands
Contract for Local Police Services
Monroe County Sheriff's Office and Islamorada, Village of Islands
FY 2004-2006
I-Purpose:
Islamorada, Village of Islands, a Florida municipality ("Islamorada" or the
''Village''), and the Monroe County Sheriff's Office ("MCSO"), a subdivision of
the State of Florida, have agreed that Islamorada will purchase and MCSO will
provide local law enforcement services to Islamorada in addition to regional
police services provided to residents of the unincorporated areas of Monroe
County. This Contract states the terms of the agreement between the parties.
2- Parties:
The parties to this Contract are Islamorada and MCSO. Any
communication required to be provided by either party may be directed to:
Village of Islamorada
Bernie LaPira
Village Manager
81011 Overseas Highway
Box 568
Islamorada, Florida 33036
Telephone: (305) 664-2345
Facsimile: (305) 664-2399
MCSO
Sheriff Richard D. Roth
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, 2003 and ends September 30,
2006.
Page 4 of 14
Contract for Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and Islamorada, Village of Islands
4-Scope of purchased services:
MCSO will provide professional police road patrol service throughout
Islamorada. Service will be provided a contingent (the "Islamorada District")
consisting of:
-One Captain
-One Lieutenant
- Four sergeants
-Nine deputies, who shall serve as road patrol officers and general case
detectives
The parties intend that road patrol services be provided 24-hours per day
on every day of the term of this Agreement. The Islamorada District Captain in
close cooperation with the Village Manager shall plan schedules for the
Islamorada District. The Captain will provide the Manager with the planned
schedules and daily reports containing the names and hours worked by every
member of the Islamorada District.
The staffing plan for this contract has been developed using a 5.21 staffing
ratio. This ratio is used to plan the proper number of officers to maintain shift
coverage considering planned and unplanned absences due to injury, illness,
vacation, training and family and medical leave. The Captain will make all
reasonable efforts to coordinate training, sick, annual, and administrative leave to
provide optimum service to Islamorada. If, despite these efforts, a shift remains
unfilled, the Captain shall notify the Manager. The Manager may choose to fill
any vacant position by any of the following methods:
-Requesting that an officer from outside the Islamorada District be
assigned to work on an overtime basis. In this case, Islamorada will pay the actual
costs of the officer's tour of duty.
-Requesting that an officer from outside the Islamorada District be hired
to work on a special detail. In this case, Islamorada will pay the prevailing special
detail rate under the same terms and conditions as special details are offered to
the public.
Page 5 of 14
Contract for Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and Islamorada, Village of Islands
The Captain shall attend the Manager's weekly staff meetings and such
other meetings as the manager shall reasonably request, e.g. those of the Village
Council.
5-0ther services:
Apart from this Contract, MCSO shall also provide the following services
to Islamorada on the same terms and at no additional charge or expense as they
are provided to all residents of Monroe County:
-Aviation
-Bailiffs and other court personnel
-Bomb squad
-Civil process
-Community policing specialists
-Crime scene services
-Criminal analyst services
- Dive team
-Environmental officers
- Finance
-Hostage negotiation
- Human resources
-Information technology
-Internal investigations
-Juvenile officers
Page 6 of 14
Contract for Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and Islamorada, Village of Islands
-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 resource officers and DARE instructors
-SWAT team
-Traffic unit
-Training
6-Assignment of personnel and selection of District Captain:
MCSO recognizes the desire of Islamorada that the Islamorada District be
composed of officers who are well acquainted with the community and its
residents and with whom the residents can establish a face-to-face rapport and
long-term relationships. Islamorada recognizes the obligation 'of MCSO to treat
all of officers fairly concerning requests for transfer and career advancement, and
to maintain order and discipline. MCSO shall endeavor to establish and maintain
a stable contingent in the Islamorada District.
The Village Manager will play an integral part in the selection of officers
for assignment to and promotion within the Islamorada District. The Manager
Page 7 of 14
Contract for Local Police Setvices- FY 2004-2006
Monroe County Sheriff's Office and Islamorada, Village of Islands
will be given the opportunity to review personnel files, training records, and
disciplinary record of these officers and be a member of their selection and
promotional boards.
7-Procedure for selection of District Captain and Lieutenant:
If the need arises for the selection of a District Captain or Lieutenant, the
procedure to be followed is this:
a. MCSO shall select no more than three officers, who, in accord with
MCSO standards and regulations, are qualified to serve in the desired capacity.
The names of these officers, together with their personnel files, training records,
and disciplinary record will be presented to the Manager.
b. The Manager may interview each candidate, separately or together.
Each candidate must be given identical opportunities for interviews and
presentations.
c. MCSO will appoint the candidate selected by the Manager to fill the
vacancy.
8-Complaints regarding officers:
MCSO is committed to maintaining a high standard of professionalism for
all of its officers. Complaints regarding officers shall be promptly and thoroughly
investigated by MCSO. Elected officials and employees of the Village shall not
undertake investigations of any officer. Any complaint against an officer in the
Islamorada District must be directed to the Captain. The Captain shall inform
the Manager of the complaint, advise the manager of action taken, and provide a
written report of the investigation and resolution of the matter. If the complaint
concerns the Captain, the manager may take the matter directly to the
Undersheriff.
9- Responsibility for ultimate control:
Islamorada 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.
Consistent with the Village charter, no elected official or employee of the
Village may direct the actions of officers of the Islamorada District Direction
Page 8 of 14
Contract for Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and IsIamorada, Village of Islands
from the Village will be given through the Manager in accordance with the terms
of this Contract.
10-Attention to needs of Islamorada:
MCSO will work together with Islamorada to direct police services to the
meet the expressed needs of the residents of Islamorada. The Captain shall meet
with the Manager frequently to learn of corrununity 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.
11-0fficers not employees or agents of the Village:
All deputies and other persons employed by MCSO to perform services
under this Contract are and shall remain in the sole employment of MCSO and
no such person shall be considered in the employ of Islamorada for the purpose
of any pension, insurance, civil service, worker's compensation payor other
benefits. :NICSO officers are not agents or employees of the Village, and will not
have the authority to enter into agreements or make policy on behalf of the
Village.
12-Enforcement of municipal ordinances:
Every member of the Islamorada District will be authorized under Florida
law to enforce the criminal municipal ordinances of Islamorada. Islamorada
agrees to provide MCSO six copies and every member of its District one copy of
such ordinances. Further, Islamorada agrees to provide the Captain, the
Undersheriff and MCSO General Counsel the text of proposed ordinances in
time sufficient for review and discussion with Village officials and their advisors.
MCSO will provide Village officials advice from a practical law enforcement
perspective concerning any proposed criminal ordinance.
13-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.
14-Unifonns and marking of patrol vehicles:
MCSO shall ensure that every member of the Islamorada District is
provided with a marked patrol vehicle and uniforms marked as described on the
attached Exhibit A.
Page 9 of 14
Contract for Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and Islamorada, Village of Islands
1S-Contract cost and payment:
a. Islamorada agrees to pay the sum of $1,319,449 (One Million
Three-Hundred Nineteen Thousand Four-Hundred Forty-Nine Dollars) for
services, equipment, and supplies provided during the first year of this Contract
(10/01/03-09/30/04). This sum is referred to as the "Contract Price."
b. An analysis of the cost is provided on one page attached as Exhibit
B. Care has been taken to include on Exhibit B all personnel costs and every item
of equipment and supply necessary to provide services called for in this Contract.
However, any cost item not listed on Exhibit B or provided at no cost pursuant
to Section 5 of this Contract will be billed separately to the Village.
c. Islamorada shall include the total cost shown on Exhibit B in the
municipal budget for fiscal year 2004 and make timely provision to secure the
funds necessary to fund the Contract. Islamorada will pay Two/Twelfths (2/12
or 16.67 0/0) of the total contract price to the Clerk of Court no later than
October 15, 2003. Thereafter, Islamorada shall pay One/Twelfth of the total
contract price no later than November 1,2003 and on or before the first day of
each succeeding month until the total contract price is paid.
d. 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 in advance to MCSO, and will payor provide for fuel,
maintenance, and other operating costs for all vehicles assigned to the Islamorada
District.
e. In future Contract years, Islamorada will pay the costs of acquiring
replacement vehicles for the Islamorada District. MCSO will replace the
Islamorada vehicles according to the terms of the then current vehicle
replacement policy of MCSO.
16-Cost reports and cost/ Contract Price options:
MCSO will provide Islamorada monthly financial reports showing all costs
incurred by MCSO and Monroe County to provide services under this Contract.
If incurred costs equal the Ninety-five Per Cent (950/0) of the total costs
recited in this Contract, then:
MCSO may stop providing any of the services in order not to exceed the
Contract price;
Page 10 of 14
Contract for Local Police Services- FY 2004-2006
_ ~....... ,,""'__ __~ Ta1~....^_d",- Vinll_ of Islands
Or,
Islamorada may issue a written commitment to MCSO to pay for
additional services as agreed to by Islamorada and Meso.
17 -Year-end reconciliation:
At the end of each fiscal year, incurred costs will 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 costs. If total payments exceed incurred costs, MCSO will
reimburse Islamorada for the excess payment amount.
1S-Future year pricing:
a. Islamorada and MCSO will negotiate payment for the second and
third years of this Contract in time sufficient for preparation of budgets and tax
rolls. When agreement is reached, the Village Manager will prepare a
memorandum stating the new terms and acknowledging Islamorada's acceptance
of them. A resolution of the Monroe County Board of County Commissioners,
sponsored by the Sheriff and acknowledging the new terms, shall be sufficient to
amend the financial terms of this Contract
b. If the parties are unable to agree on payments for future years on a
timely basis, then and in that event this Contract shall terminate on September
30th of the then current Contract period.
19- Traffic fines and forfeitures:
The parties acknowledge Islamorada's entitlement to fines and forfeitures
pursuant to ~318.21, Fla. Stat. (2002), as from time to time amended.
20-Florida Contraband Forfeiture Act proceeds:
The parties shall determine an equitable share for Islamorada of proceeds
of any forfeiture pursuant to the Florida Contraband Forfeiture Act in cases
involving the participation of officers of the Islamorada District. This share will
be based upon the ratio that the Islamorada District's participation bears to the
participation of all law enforcement agencies participating in the criminal case,
seizure, and subsequent forfeiture. This share shall be deposited by MCSO in the
Sheriff's Law Enforcement Trust Fund for the Sheriff's use in Islamorada.
Islamorada may apply to the Sheriff for the use of such funds consistent with the
limitations of the Contraband Forfeiture Act. The Sheriff agrees to submit such
request to the Monroe County Commission for appropriation, and upon
appropriation, will use the funds for the intended purpose.
Page 11 of 14
Contract for Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and Islamorada, Village of Islands
The parties agree that the decision to use or dispose of personal or real
property seized within Islamorada shall be in the sole discretion of MCSO. If
MCSO elects to use seized personal property outside of Islamorada or to sell
seized Islamorada real estate, 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 MCSO's costs of seizure and
forfeiture. In both cases, the allocated share shall be earmarked for use by MCSO
within Islamorada.
21-Station facilities and office expense:
Islamorada will provide station facilities for the Islamorada District to
operate and a qualified secretary to assist the Captain. When not engaged in
performing the work of the District, the secretary will perform other duties for
the Village.
22-Law enforcement education assessments:
Islamorada 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 law; Any new assessments enacted
by the Village for law enforcement training purposes will be shared between
MCSO and the Village for the purposes intended by law;
23-Mutual aid:
The parties recognize their obligation to provide emergency assistance to
other jurisdictions (including without limitation, 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 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
Islamorada. The Manager will be given all possible notice of such deployment
and written reports of the actions of officers so deployed.
24-Paragraph headings not dispositive:
The parties agree that the headings given the paragraphs and other
subdivisions of this Contract are for ease of reference only and are not
dispositive in the interpretation of Contract language.
Page 12 of 14
Contract for Local PoHce Setvices- FY 2004-2006
Monroe County Sheriff's Office and IsJamorada, Village of Islands
25-No presumption against drafter:
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 * 2003.
By:
MOl? County Sheriff's O. fflce
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Sheriff Richard D. Roth
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Islamorada, Village of Islands
ATTEST:
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By: ~~
Mayor
BOARD OF COUNTY COMMISIONERS OF
MONROE COUNTY, FLORIDA
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By
Mayor/ Chairperson
Page 13 of 14
Contract for Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and Islamorada, Village of Islands
25-No presumption against drafter:
The parties agree that this Contract has been freely negotiated by both
parties, and tha4 in any dispute over the meaning, interpretation, validity, or
enforceability of this Contract or any of its terms or provisions, there shall be no
presmnption whatsoever against either party by virtue of their having drafted this
Contract or any portion thereof.
Agreed to on 10.// S" , 2003.
By:
Monroe County Sheriff's Office
l3al1J. }i ~
Sheriff Richard D. Roth
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Islamorada, Village of Islands
By: ~
Mayor
ATTEST:
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Page 13 of 14
Contract fOf Local Police Services- FY 2004-2006
Monroe County Sherifrs Office and Islamorada, Village of Islands
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Page 14 of 14
Contract fOf Local Police Services- FY 2004-2006
Monroe County Sheriff's Office and Islamotada, Village of Islands
MONROE COUNTY SHERIFF'S OFFICE
BUDGET - ISLAMORADA
2 YEAR COMPARISON
FY 2004
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FY 2003 FY 2004 + OR (-)
PERSONAL SERVICES
Headcount 15 15
Executive Salary
Regular Salaries 713,747 685,478 (28,269)
COLA 16,343 16,343
Merit
Other Salaries 7,000 8,280 1,280
Overtime 15,960 16,598 638
Incentive 7,380 8,100 720
Employer Taxes 56,923 56,212 (711)
Retirement Contribution 137,210 143,740 6,530
Unemployment Compensation
Total Personal Services 938,219 934,751 (3,468)
OPERATING EXPENSES
Expenses Other Than Salaries
Professional Services 1,050 1,050
Other Contractual Services
Investigations
Travel & Per Diem 50 50
Communications (Telephones) 10,506 10,506
Transportation (Freight) 100 100
Utility Services
Rentals
Insurance 24,562 26,08? 1,520
Repairs & Maintenance 31,888 ~1,888
Printing
Office Supplies 1,250 1,250
Operating Supplies 45,617 55,617 10,000
Training 7,496 7,496
Total Operating Expenses 122,519 134,039 11,520
CAPITAL OUTLAY
Other Building Improvements
Automobiles/Machinery/Equip, 77,969 65,969 (12,000)
Total Capital Outlay 77,969 65,969 (12,000)
CONTINGENCY
TOTAL 1,138,708 1,134,759 (3,949)
COUNTY COSTS
Health Insurance 120,960 129,600 8,640
Workers' Compensation 39,715 38,320 (1,395)
County Allocation 15,652 16,770 1,118
1,315,035 1,319.449 4,414
* School crossing guard