STATE OF FLORIDA COUNTY OF ESCAMBIA INTERLOCAL AGREEMENT BETWEEN ESCAMBIA COUNTY, FLORIDA AND THE ESCAMBIA COUNTY OFFICE RELATING TO THE ANNUAL BUDGET FOR THE SHERIFF AND IMPLEMENTATION OF HIS PAY PLAN THIS AGREEMENT is made and entered into by and between Escambia County, a political subdivision of the State of Florida, with administrative offices located at 221 Palafox Place, Pensacola, Florida 32502 (hereinafter referred to as ?County?), and the Escambia County Sheriffs Of?ce, with administrative of?ces located at 1700 West Leona1d Street, Pensacola, Florida 32501 (hereinafter 1efe11ed to as ?Sheriff?) (each at times also being referred to as a ?Party? or collectively as ?Parties?). 1 WITNESSETH: WHEREAS, the County and the Sheriff are authorized by ?163. 01, Florida Statutes, to enter into Interlocal Agreements and thereby cooperatively utilize their governmental powers and available resources in the most ef?cient manner possible; and WHEREAS, the Sheriff filed an appeal of his Fiscal Year (FY) 2017- 18 budget allocation to the Administration Commission; and . WHEREAS, it is the parties intent to enter into this Agreement to settle the pending appeal and to put into effect the Mediation Agreement signed on March 9, 2.018 NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the mutual bene?ts to flow each unto the other, and for other good and valuable consideration, the County and the Sheriff agree asfollows: Section 1. Purpose 'bfl'Agreement. 1.1 The recitals contained'in the Preamble of this Agreement are declared to settle the pending appeal and to be true and correct and are incorporated into this Agreement. 1.2 Pursuant to ?163. 01, Florida Statutes, this Agreement establishes the conditions, extent, and mechanisms whereby the County will fund the Sheriff?s budget through September 30, 2021, and the County and Sheriff W111 1esolve the appeal of the Sheriff?s FY 2017? 18 budget. Section 2. Responsibilities of the Parties. 2.1 The Parties agree to implement the terms of the Mediation Agreement, signed by the Parties on Friday, March 9, 2018, and attached as an exhibit and incorporated with this Agreement. 2.2 The County covenants and agrees to appropriate in its annual budgets from legally available revenues sufficient to fund the annual obligations in this Agreement. Section 3. Term and Termination. 3.1 The term of this Agreement shalt commence upon the Effective Date and remain in effect through September 30, 2021. 3.2 This Agreement may only be terminated for cause by either party upon providing thirty (30) days? written notice pursuant to Section 8 of this Agreement. Section 4. Survival. All other provisions, which by their inherent character, sense, and context are intended to survive termination of this Agreement, shall survive the termination of this Agreement. Section 5. Interpretation. 5.1 For the purpose of this Agreement, the singular includes the plural and the plural shall include the singular. References to statutes or regulations shall include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation referred to. Words not otherwise defined that have weliuknown technical or industry meanings, are used in accordance with such recognized meanings. 5.2 References to persons include their respective permitted Successors and assigns and, in the case of governmental persons, persons Shoceeding to their respective functions and capacities This Agreement shallth be more against either party hereto by reason of the fact that one party may have drafted or prepared any or all of the terms and provision hereof. Section 6. Severability.? The invalidity or non?enforceability of any portion or provision of this Agreement shall not affect the validity or enforceability of any other portion or provision. Any invalid or unenforceable portion or provision shall be deemed severed from this Agreement and the balance hereof shall be construed and enforced as if this Agreement did not contain such invalid or unenforceable portion or provision Section 7. Further Documents. The parties shall'execute and deliver all documents and perform further actions that may be reasonably necessary to effectuate the provision of this Agreement. Section 8. Notices. All notices required to be given under this Agreement shall be in writing, and shall be sent by first class United States mail, unless some other form of notice is established by the County Administrator, to the respective parties as follows: Notices shall be sent to: County Administrator Escambia County Sheriff?s Office Escambia County 1700 West Leonard Street 221 Palafox Place, Suite 420 Pensacola, Florida 32501 Pensacola, Florida 32502 Section 9. Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that we not contained in this document. Accordingly, no deviations from the terms and conditions hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Section 10. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. The parties agree that any action relating to this Agreement shall be instituted and. prosecuted to the courts of Escambia County, Florida and therefore, each party to this Agreement hereby waives the right to any change of venue Section 11. No Waiver. The failure of either party to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 12. Effective Date. This Agreement,after being properly executed by all parties named herein, shall become effective upon its ?ling with the Clerk of the Circuit Court of Escambia County, Florida. Escambia County shall be reSponsible for ?ling this document upon receipt of the executed Agreement from the Sheriff. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the respective dates under each signature: Escambia County, Florida through its Board of County Commissioners, signing by and through its duly authorized Chairman and the Sheriff?s Of?ce through its elected Sheriff. ATTEST: PAM CHILDERS Clerk of the Circuit Court By: Deputy Clerk A Signed, Sealed and Delivered in the Presence of: Print Name: Print Name: BOARD OF COUNTY COMMISSIONERS OF ESCAMBIA COUNTY, FLORIDA By: Jeff Bergosh, Chairman ESCAMBIA COUNTY OFFICE By: a tDavid Morgan, Sheriff Date: APPROVED AS TO FORM: Gerald E. Champagne Attorney for Sheriff? 5 Of?ce n" MEDIATION AGREEMENT This agreement made this 9th day of March 2018 by and between the parties for the proposed settlement of the legal proceedings captioned In Re: Sheriff David Morgan, Case No. SBA-17003, and the parties hereby agree as follows: 1. The Board of County Commissioners shall agree to do the following in furtherance of a four year pay plan requested by the Sheriff: a. In the first year, payment of One Million Dollars for Fiscal Year 2017/2018 to be paid according to the standard formula commencing in their April disbursement for a six?month period of time. This payment shall completely resolve the Sheriff's budget request for the Fiscal Year 2017/2018. b. Beginning October 1, 2018 and ending September 30, 2021 for a period of three years, the Sheriff shall be paid a sum of Two Million Six Hundred Thousand Dollars for two years and a sum of Two Million Nine Hundred Thousand Dollars for the last year inclusive of all bene?ts and all raises for the implementation of a pay plan. Each annual payment shall be in addition to the Sheriff's operational budget adopted by the County for the immediate preceding Fiscal Year. 0. Beginning April 1, 2018, the Board will reduce by 50% the remaining budgets for discretionary Outside Agencies funded by the General Fund with the exception of ECG and Pathways for Change. These funds will be used to fund the implementation of the Sheriffs pay plan. In Fiscal Year 2019 through Fiscal Year 2021 funding for Outside Agencies in the General Fund will not exceed $734,374.00. d. in addition, the implementation of the pay plan shall be paid by 50% of the Commissioner?s Discretionary Fund totaling One Hundred Twenty-?Five Thousand Dollars to be paid annually during the life of the plan to implement the Sheriffs pay plan. 2. The Sheriff shall agree to do the following: Each quarter, the Sheriff shall pay 50% of the funds received in the Law Enforcement Trust Fund (LETF) to offset school resource officer expenses, where possible. When this is not feasible, the remaining funds of this 50% shall be used to offset other statutorily allowed General Fund expenses. 3. This Agreement is contingent upon approval by the Board of County Commissioners. The parties understand that the Board of County Commissioners will have to meet in attorney/client session prior to voting at a public meeting as to the approval of this mediation agreement. 4. The parties agree and understand the terms of the mediation agreement will be memorialize-d by an interlooal agreement to be approved by the Board of County Commissioners. 5. The parties shall cooperate in the dismissal of the appeal with the Administrative Commission after all parties approve the settlement and execute a mutually agreeable interlocel agreement. The parties by their hand and seal agree to the terms and conditions set forth above. FOR AMBIA COUNTY JAEK ALISON P. ROGERS, COUNTY ATTORNEY CHAMPAGNE, GENERAL COUNSEL ERIC HAINES, CHIEF DEPUTY SHERIFF