Item K3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21,2009
Division: Monroe County Sheriff's Office
Bulk Item: Yes X No
Department: Legal Department
Staff Contact Person/Phone #: Mark Willis / (305) 292-7020
AGENDA ITEM WORDING:
Approval and authorization to execute Municipal Police Services Contract with the Village of
Islamorada, the Monroe County Sheriffs Office and the SOCC.
ITEM BACKGROUND:
This is a five-year contract for the term 10/1/09 to 9/30/2014
PREVIOUS RELEVANT BOCC ACTION:
Contracts for prior periods have been approved by the Soard of County Commissioners and
are now due for renewal.
CONTRACT/AGREEMENT CHANGES:
Changes made to reflect current staffing levels and pricing,
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $1,599,581.00.00 INDIRECT COST:
BUDGETED: Yes -X-No
COST TO COUNTY:
0.00
SOURCE OF FUNDS: Village of Islamorada
REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ ~urChaSing _ Risk Management (Y\~
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Sheriff
Effective Date: October 1, 2009
Expiration Date: September 30,2012
Approval and authorization to execute Municipal Police Service Contract with the City of Islamorada, the
Monroe County Sheriff's Office and the SOCC.
Contract Manager: Tamara Snider
(Name)
292-7092
(Ext.)
Monroe County Sheriff's Office
(Department)
for SOCC meetinQ on October 21, 2009
AQenda Deadline: October 6, 2009
CONTRACT COSTS
Total Dollar Value of Contract: $1 ,559,5S-t.OO Current Year Portion:
Budgeted?Yes X No Account Codes: Nq-tPs~/O .-5:36"-lQO
Grant: $0.00 /41-0432..0 - 5/ 023D +5/02VO
County Match: $0.00
ADDITIONAL COSTS: $0.00
Estimated Ongoing Costs: $0.00
CONTRACT REVIEW
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Comments:
OMB Form Revised 9/11/95 Mep #2
Exhibit A
Contract for Local Police Services
Monroe County Sherifrs Office and Islamorada, Village of Islands
FY 2009-2014 .
1. PurDose.
1.1 This is an agreement between Islamorada, Village of Islands (''the "Village" or
"Islamorada") 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 from the Village. This Contract states the terms of the
agreement between the parties.
2. Parties/Notice.
2.1 The parties to this Contract are the Village, the County, and MCSO. Any and all
communications required to be provided shall be directed to the parties as
follows:
Islamorada, Village ofIslands
Village Manager, Ken Fields
81990 Overseas Highway
P.O. Box 568
Islamorada, Florida 33036
Telephone: (305) 664-6400
Facsimile: (305) 664-6464
Monroe County Sheriff s Office
Sheriff Robert P.Peryam
5525 College Road
Key West, Florida 33040
Telephone (305) 292-7001
Facsimile: (305) 292-7070
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 begins October 1,2009 and ends September 30,2014.
4. Termination and Remedies.
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 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.
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 of compensation shall be made in accordance with Section
21.1.
4.3 The parties reserve all available remedies afforded by law to enforce any term 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 Purchased Services.
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;
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 depyties 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
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Village Manager (the ilManager,t') 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.
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 medical leave. 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 Manager. The Manager
may choose to fill any staffing shortage 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 the actual
cost ofthe 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
MeSO should the canine unit costs exceed the budgeted amounts specified in this
Contract.
6. Overtime/Off DuO' 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 any other instances when the Village may wish to enhance
services to address a particular issue or to provide adequate patrol staffmg 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 MeSO 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 meetings and
such other meetings as the Manager shall reasonably request, e.g. those of the
Village COWlciI.
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 COWlty 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
1. Finance services
J. Hostage negotiation services
k. Human resources services
1. Information technology
m. 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
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w. Records and data entry functions for all MeSO 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. Assie:nment of Personnel and Selection of District Captain.
8.1 MeSO recognizes the desire of the Village that the Islarnorada 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-tenn
relationships. The Village recognizes the obligation of MeSO to treat all officers
fairly concerning request for transfer and career advancement, and to maintain
order and discipline. MeSO 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 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 MeSO 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 Village Manager shall make his selection for District
Captain and Lieutenant.
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 and
5
have applied 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. MeSO shall appoint the candidate selected by the Manager to fill the vacancy in
compliance with MCSO promotional policy.
10. Complaints Ree:ardin2 Officers.
10.1 MeSO 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 vvritten 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.
11. Responsibility 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. MeSO Responsibilities.
12.1 MCSO shall work together with Islamorada to direct police services to 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
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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 Emnlovees or Ae:ents of Islamorada ViIlaee of Islands.
13.1 All officers and other personnel employed by MCSO to perform services lUlder
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 payor 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 respop.sibilities pursuant to this
Contract.
14. Enforcement of Municipal Ordinances.
14.1 Islamorada does hereby vest in each sworn officer of MCSO who, from time to
time, may be assigned to the Islambrada District of MCSO, to the extent allowed
by law, the police powers of Islamoradawhich are necessary to implement and
carry forth the services, duties and 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 ar~ 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 The Village agrees to provide MCSO six (6) copies and every member of the
Islamorada District one (1) copy of such ordinances as enacted by Islamorada.
Further, Islamorada agrees to provide the Captain, the Undersheriff and Meso
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 tJ:1e ordinance prior to the Village's
adoption of the draft regulations. ~ . ''-
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15. Leeal 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 Markine: of Patrol Vehicles and Vessels.
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 Islamorada, Village of Islands Official Village Seal.
17. Records/Insoection/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 this Contract. MeSO shall maintain accounting
records on expenditures under this Contract in accordance with generally accepted
accounting standards, generally accepted government accounting standards,
Meso 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.
18. Compensation.
18,1 Islamorada agrees to pay the sum of$1,559,581 (One Million Five Hundred Fifty-
Nine Thousand Five Hundred Eighty-One Dollars) for services, equipment and
supplies provided during the first year of this Contract (10/1/2009-9/30/2010).
This sum is referred to as the "Contract Price."
18.2 An analysis of the cost is provided on Exhibit "A" attached hereto. Care has been
taken to include in Exhibit "A" all personnel cost and every item of equipment
8
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" 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 "An in the Islamorada
municipal budget for FY 2009-2010 and make timely provision to secure the
funds necessary to ftmd the Contract. Islamorada will pay 2/12 of the total
contract price to the Clerk of Court no later than October 26, 2009 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 any fuel, maintenance and other op~rating costs
actually incurred by the County on the Village's behalf, as outlined in this
Contract.
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, SUYs, 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 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 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 actually incurred by the County on the
Village's behalf, as outlined in this Contract. After expiration or tennination 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 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. MeSO 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
9
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 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 Reoorts and Cost IContract Price Options.
19.1 MCSO shall provide Islamorada monthly financial reports including ADP payroll
reports detailing all cost incurred by MeSO 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 detennine the finaL
balance. If incurred costs exceed total payments, Islamorada will reimburse
MCSO for the excess cost. It 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 Pricine:.
21.1 Islamorada and MCSO shall negotiate payment for the second, third, fourth and
fifth years of the Tenn 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 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 30th of the current Contract year by
written notice,
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22. Traffic Fines and Forfeitures.
22.1 The parties acknowledge the Village's entitlement to fines and forfeitures
pursuant to Section 318.21, Florida Statutes (2008), as amended from time to
time.
23. Florida Contraband Forfeiture Act Proceeds.
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, MeSO 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 MeSO 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 or personal property, and currency or
funds forfeited or seized.
24. Indemnification.
24.1 To the extent permitted by law, and as limited by Section 768.28, Florida Statutes,
the Village shall defend, indemnify and hold harmless the County, MCSO and its
officers, employees, or agents from any and all liability, losses or damages,
including attorneys' fees and costs of defense, which the County, MCSO or its
officers. employees, or agents may incur as a result of any claim, demand. suit, or
cause of action or proceeding of any kind or nature arising out of, relating to, or
resulting from the negligent performance of this Contract by the Village, its
employees. officers and agents. MeSO shalL promptly notify the Village of each
claim, cooperate with the Village in the defense and resoLution of each claim, and
not settle or otherwise dispose of the claim without the Village's participation.
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24.2 To the extent permitted by law and as limited by Section 768.28, Florida Statutes,
MCSO shall defend, indemnify and hold hannless the Village and its officers,
employees, or agents from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the Village or its officers, employees,
or agents may incur as a result of any claim, demand, suit, or cause of action or
proceeding of any kind or nature arising out of, relating to, or resulting from the
negligent perfonnance of this Contract by MCSO, its employees, officers, and
agents. The Village shall promptly notify MCSO of each claim, cooperate with
MCSO in the defense and resolution of each claim, and not settle or otherwise
dispose of the claim without MCSO's participation.
24,3 The indemnification provisions of this Contract shall survive termination of this
Contract for any claims that may be filed after the termination date of the Contract
provided the claims are based upon actions that occurred during the perfonnance
of this Contract.
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 local police protection through its 0\\-11
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 MeSO 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 EXDenses.
26.1 The Village shall provide station facilities for the Islamorada District to operate.
Currently, the Islamorada District operates from a location at 87000 Overseas
Highway, Islamorada, Florida. The Village is in the process of constructing a new
Administration Center and Public Safety Headquarters, and, upon completion, the
Village will provide station facilities within the new Administration Center and
Public Safety Headquarters, generally consisting of office space for command
staff, work area for patrol officers, and meeting and training space, as shown on
Exhibit "B" attached hereto. MCSO shall pay the Village $25,000.00 towards the
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costs of furnishings and equipment for the proposed station facilities within the
Village's Administration Center and Public Safety Headquarters, as previously
agreed to by MCSO, by the earlier to occur of December 31, 2009 or occupancy
of the proposed station facilities by the Islamorada District.
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.
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, 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 MeSO 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. Paraeranh Headioe:s Not Dispositive.
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.
13
30. No Presumntion ae: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 Ae:reement/Modification/ 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.
31.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, llilless 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.
[SIGNATURE PAGES TO FOLLOW]
14
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.' ~ (,. .. ! .
[SEAL]
/: os; '. ,/ ;,. I.~_ . .'. l' . ,. -"r' '.
MONROE COUNtV;SHBRlFF;;S,'bF;PICE,l.,';
~;,':.:', \':"'(:'- ':"':. :',;;.':' : '; ',' ;
I' ~ _. .. ~ ,: . ,:" I
... '..i ,/
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"
,2009
MONROE COUNTY SHERIFF'S OFFICE
APPROVED AS TO FORM
~cu
eneral Counsel
MONROE COUNTY SHERIFF'S OFFICE
c-~A~~
MARK l. WILLIS
GENERAL COUNSEL
DATE: &~ 2....1 2-~9
.
i5
ISLAMORADA, VILLAGE OF ISLANDS, a
FLorida Municipal Corporation
ATTEST:
By: ~~ .-f;?__AI-.#-
Village Cl k v~...-~
[SEAL]
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
BENEFIT OF ISLAMORADA,
VILLAGE OF ISLANDS
-"
By:'- 11 ~._-- .
Village Attorney
By:
Date Executed:
16
~~;/ ,2009
/
BOARD OF COUNTY CbMMISIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairperson
Date Executed:
,2009
Attest: DANNY L.KOLHAGE,
CLERK OF COURT
By:
Deputy Clerk
[SEAL]
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
By: rr. "',g;,... I /laP lO--t- d-Ocfi
A~;stat;tf c~mey
F:\400\436206\M:CSO Contract\CoDtracl for LEO for fslamorada for 2009.2014 LMA v4 9-17 -D9 FINAL.doc
17
Exhibit A
1o-Jurt-09
MONROE COUNTY SHERifF'S OfFICE - V25
BUDGET. ISLAMORADA
2 YEAR COMPARISON FOR FYE 2009 TO FYE 20tO
AOO~P PROPOSED
BUDGET BU0i3!!T DIFFERENCE
FY 2009 FY 2'010 +QR(-i
PERSONAL SeRVICES
HncIc:ount 16.0 16.0
RegIA,r S;eJ,riQ 950,670 928,718 (21.951)
Qveltlme 20.169 20;7" (O}
lnt>>miVI 9,800 9,600
~Tu. 75,0.49 73.370 (1 ,87i)
R.tll'elMlit Comribution lM.1M 1a.2:.1m (5,2()o()
Tala! Peftonal SeMCII$ 1.244.2$6 1.215,-451 aU36)
EXHIBIT "B"
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Shenn
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i ~ft ~OtQ)W
u~\f~~~d 09/0 1 !20fO)~
shared with FIre
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19