Okaloosa County BOCC — January 5, 2016 — Interlocal Agreement with Work Plan — reading text

INTERLOCAL AGREEMENT BETWEEN THE CITY OF DESTIN, OKALOOSA COUNTY, AND THE OKALOOSA COUNTY SHERIFF’S DEPARTMENT REGARDING SUPPLEMENTAL FUNDING INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (the “Agreement”) is made and entered into this day of January, 2016, by and between the City of Destin, a Florida municipal corporation (the “City”), Okaloosa County, a political subdivision of the State of Florida (“County™), and the Okaloosa County Sheriff’s Department (the “Sheriff’) who agree as follows: WITNESSETH: WHEREAS, the influx of visitors to the area during the period of Spring Break creates added pressures to provide the necessary resources to assure that all visitors to the area are provided a safe and enjoyable experience in our area; WHEREAS, other Spring Break destinations have recently placed greater restrictions on the activities of visitors to their area, and there is a concern that there may be an influx of greater numbers of visitors to the tourist areas of the City of Destin and Okaloosa County during the Spring Break period; and WHEREAS, the City and the County seek to implement measures to assure that the necessary resources are available to address the potential influx of greater and possibly more disruptive visitors to the area; and WHEREAS, the Sheriff has worked with the City and the County to develop a coordinated response during the period of Spring Break (“Plan”) to address the potential influx of greater and possibly more disruptive visitors to the area; and WHEREAS, the implementation of the coordinated response will require funding in excess of the Sheriff’s available budget resources; and WHEREAS, the City and the County have agreed to jointly provide funding for the Plan. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which is acknowledged by all the parties, the County, the Sheriff and the City agree as follows: SECTION 1. Authority. This Agreement is entered into pursuant to the authority granted under Chapters 125, 163, and 166, Florida Statutes, and other applicable provisions of law. SECTION 2. Findings. The recitals set forth above are hereby approved and incorporated herein. SECTION 3. Term. This Agreement shall become effective as provided in Section 9 hereof and shall terminate on September 30, 2016, provided, however, that this agreement shall be only for those activities related to Spring Break occurring in the spring of 2016. For the purposes of this Agreement, the term Spring Break shall be the period from March 1 through April 15 (“Spring Break™). The parties have the authority to extend this term of this Agreement for additional one year terms. SECTION 4. Enforcement Plan. The Sheriff has prepared the Plan for the enhanced patrol and services to be provided in the high tourist areas of the City of Destin and on Okaloosa Island during Spring Break. The services and activities included within the Plan are in addition to those other services and activities provided by the Sheriff under its constitutional authority and the budgetary funding provided by the County and the City for fiscal year 2015-2016. The Plan is attached hereto as Exhibit “A”. SECTION 5. Funding. The City and the County agree to jointly fund the Plan in the following amounts for the implementation of the Plan for Spring Break in 2016: e City of Destin $ 74,900.00 e Okaloosa County $32,100.00 $107,000.00 SECTION 6. Administration of the Funding. The City shall administer the funding for implementation of the Plan. The City shall submit an invoice to the County for the full amount of the County’s share of funding by February 1, 2016 and the County shall pay that amount to the City within thirty (30) days of receipt of that invoice. A. Not later than June 1, 2016, the Sheriff shall invoice the City at the rate of $42.52 per hour for each deputy assigned, as detailed in Exhibit A attached, for the implementation of the Plan, and shall submit such documentation as is reasonably necessary for the City to confirm the appropriateness of such expenditures. B. The City is authorize to pay to the Sheriff a reimbursement of costs related to the implementation of the Plan upon submittal of proper documentation reflecting the provision of the services as contained in the Plan. C. The City, following Spring Break and after payment of all expenses related to the implementation of the Plan, shall provide documentation reflecting the payment of the funds to the Sheriff and the services and activities provided by the Sheriff for such funding. D. Under no circumstances will the City or the County be obligated to provide additional funding other than set forth above without the prior approval of the City Council of the City of Destin and the Board of County Commissioners of the County. E. In the event that funding remains after the payment of all expenses related to the implementation of the Plan, then such funds shall be returned to either the City or the County in the same proportion as the respective entity contributed to the fund. F. The I'Y 2016 Law Enforcement Services Agreement between the City and the Sheriff approved by City Resolution 15-13 shall remain in full force and effect, except as may be specifically in conflict with the terms hereof, in which event the terms of this agreement shall prevail. SECTION 7. Amendments. Neither this Agreement nor any portion of it may be modified or waived orally. The provisions hereof may be amended or waived only pursuant to an instrument in writing, approved by the City Council, the Sheriff, and the County’s Board of County Commissioners, and jointly executed by the parties hereto. SECTION 8. Notice. If written notice to a party is required under this Agreement, such notice shall be given by first class mail to the County as follows: County Administrator Okaloosa County Administration Building 1250 N. Eglin Parkway Shalimar, FL. and as to the City as follows: City Manager City of Destin 4200 Indian Bayou Trail Destin, FI. 32541 and as to the Sheriff as follows: Sheriff of Okaloosa County Okaloosa County Sheriff’s Office 502" Street Shalimar, FL 32579 SECTION 9. Effective Date. This Agreement shall become effective immediately upon the execution by the appropriate officers of the County, the Sheriff and the City. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA By: Charles K. Windes, Jr., Chairman (Date) ATTEST: By: Clerk of the Court Approved as to form and legal sufficiency CITY OF DESTIN, FLORIDA By: Mel Ponder, Mayor (Date) ATTEST: By: City Clerk Approved as to form and legal sufficiency Okaloosa County Attorney Destin City Attorney OKALOOSA COUNTY SHERIFFS DEPARTMENT By: Larry Ashley, Sheriff of Okaloosa County EXHIBIT “A” Event: Agency: Event Dates: l|Page 2016 SPRING BREAK OPERATIONS PLAN EVENT INFORMATION Spring Break 2016 Okaloosa County Sheriff’s Office TBD MISSION STATEMENT The Okaloosa County Sheriff’s Office is committed to promoting safety for citizens and visitors using the public roadways, beaches, parks, neighborhoods and recreation area, providing a deterrent for those who violate law. Other participating agencies share similar missions and commitments to public safety. For the last several years, Walton County Sheriff’s Office has adopted a zero tolerance to Under Age Possession of Alcohol. Walton County’s approach has been physical arrest. During this same time period, Okaloosa County Deputies have received comments from persons being issued NTA’s, stating they were in Okaloosa County due to our non-physical arrest approach. It is apparent that Walton County’s approach is causing persons, who wish to violate under age possession of alcohol law, to relocate into Okaloosa County for their illegal activity. 2015 Spring Break saw increased problems in Bay County, which culminated in violence. Bay County has adopted a well-publicized ordinance banning alcoholic beverages on the beach during Spring Break. As a result, college fraternity websites have listed alternate locations for Spring Break activity. Destin, Florida has been identified by the fraternity websites as being second only to Cancun, Mexico. Based upon the enforcement actions of both Walton and Bay Counties, the real possibly exists for Okaloosa County Beaches to realize a substantial increase in Spring Break related criminal activities. Our plan is to have a contingency in-place to curb those activities. Spring Break 2016 Operations will be used to enforce Chapter 893, Florida Statutes Controlled Substances, and Chapter 562 Florida Statutes, “Possession of Alcoholic Beverages by person(s) under 217, Civil infractions for violation of Okaloosa County Ordinances and City of Destin Ordinances to include but not be limited to glass, fires, domestic animals, and camping on County and City Beach Property will also be targeted. GOALS AND OBJECTIVIES The Okaloosa County Sheriff’s Office is dedicated to citizen and tourist alike enjoying the wonders our area has to offer. The Okaloosa County Sheriff’s Office is equally dedicated to the enjoyment of our area being done in a safe, respectful, and lawful manner. To this end, our Spring Break 2016 enforcement activities will focus on the following goals and objectives. Goals: 1. Protecting our citizens. 2|Page 2. Deterring underage possession of alcoholic beverages, thereby reducing the death, injury, and property damage cause by impaired individuals. 3. Conducting patrol activities with a minimum amount of intrusion and inconvenience to citizens and visitors. 4. Ensuring the safety of citizens, visitors, and law enforcement officers. Objectives: 1. Monitor beach and vacation rental areas for unlawful activity. 2. Develop methods for the detection and apprehension of criminal activity to include but not be limited to underage possession of alcoholic beverages, open house parties, possession of controlled substances, and violation of Okaloosa County and City of Destin ordinances. 3. Assist Okaloosa County Lifeguards and City of Destin Lifeguards with the prevention of drowning incidents. OPERATONS The Okaloosa County Sheriftf’s Office sworn deputies are trained to recognize the indicators most common with impaired spring breakers. The indicators include: odor of alcoholic beverages or other drugs, slurred speech, bloodshot watery eyes, presence of alcoholic beverage containers or drug paraphernalia, admission of drinking or drug use, inconsistent response to questions, inability to follow simple directions, or detection by means of a passive alcohol sensor. Deputies should conduct all investigations within the boundaries of Federal and State law. During the spring break operations, there will be a zero tolerance for individuals found to be in violation of Florida State Statute 562.111(1) Underage Possession of Alcoholic Beverages. Person(s) found to be in violation of F.S. 562.111(1) should be issued a Notice to Appear, NTA. If the person found to be in violation of F.S. 562.111(1) resides in the First Judicial Circuit, the NTA will have the next available adult or juvenile, whichever is applicable, misdemeanor court date. If the person(s) found to be in violation of F.S. 562.111(1) resides outside of the First Judicial Circuit, they will be issued the NTA with the option of paying a $270.00 fine within 30 days, or attending the next applicable court date, after the 30 days expires. The procedure for juveniles will mirror the adult procedure except the fine amount will be $210.00, and the juvenile will be released to a parent or guardian. All other violation will be handled in accordance with Okaloosa County Sheriff’s Office policy and procedures. Should the need arise to implement the 3lPage Contingency Plan,