Item M3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16, 2009 Division: Monroe County Sheriff's Office
Bulk Item: Ves X No - Department Legal Department
Staff Contact Person/Phone #: Mark Willis 1 (305) 292-7020
AGENDA ITEM WORDING:
Approval and authorization to execute Municipal Police Services Contract with the City of
Marathon, the Monroe County Sheriff's Office and the SOCC.
ITEM BACKGROUND:
This is a three-year contract for the term 10/1/09 to 9/30/2012
PREVIOUS RELEVANT BOCC ACTION:
Contracts for prior periods have been approved by the Board 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: $1,511,561.00 INDIRECT COST:
BUDGETED: Yes -..L..No -
COST TO COUNTY: 0.00 SOURCE OF FUNDS: City of Marathon
REVENUE PRODUCING: Yes No AMOUNT PER MONTH - Year
County Ally tV ~ChaSing_ -
APPROVED BY: Risk Management JIlSr
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
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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 Marathon, the
Monroe County Sheriffs Office and the SOCC.
Contract Manager: Tamara Snider 292-7092 Monroe County Sheriff's Office
(Name) (Ext. ) (Department)
for SOCC meeting on September 16,2009 Agenda Deadline: September 1, 2009
CONTRACT COSTS
Total Dollar Value of Contract: $1,511,561,00 Current Year Portion:
Budgeted? Yes X No Account Codes: -XXXXXX
Grant: $0.00 ~i" II ~ S3()1.1.QO
County Match: $0.00 D&4 ~" I
ADDITIONAL COSTS: $0.00
Estimated Ongoing Costs: $0.00
CONTRACT REVIEW
DatV;t
Date In ~~
Division Director -
Risk Ma~gement q-llli ~~
o~/pu Ch~~ng ~ q tft
County Attorney ~ f-1, I /09 ~/~ 9'
Comments:_
OMB Form Revised 9/11/95 MCP #2
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Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2010-2012
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Contract for Local Police Services- FY 2010-2012
Monroe County Sheriff's Office and the City of Marathon
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Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2010-2012
Table of Contents
1- Purpose: ............................................................................................................ 4
2- Parties: ................................................. ............................................................. 4
3- Term: . ............................................................................................................... 5
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- R~sponsibility for ultimate control:............................................... .................. 8
to-Attention to needs of Marathon: ........................................'........................... 8
11-0fficers not employees or agents of the City:............................................... 8
12-Enforcement of municipal ordinances: ........................................................ 9
13-Legal claims, notices of suit, and lawsuits: .................................................. 9
14-Uniforms and marking of patrol vehicles: .................................................... 9
IS-Contract cost and payment: ........................................................................... 9
16-Cost reports and cost/Contract Price options: ..................... .......................10
17 -Year-end reconciliation: .. ........................................................ ......................10
Page 2 of 13
Contract for Local Police Senrices- FY 2010-2012
Monroe County Sheriff's Office and the City of Marathon
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18- Future year pricing: ...................................................................................... .10
19- Traffic fines and forfei tures: ..................................................... .....................10
20-Florida Contraband Forfeiture Act proceeds: ..............................................11
21-Station facilities and office expense: ............................................................11
22-Law enforcement education assessments:................................................... 11
23- Mutua! aid: .................................................................................................... 11
24-Paragraph headings not dispositive: ............................................................12
25- No presumption against drafter: ............................................... ...................12
Page 3 of 13
Contract fat Local Police Services. FY 2010.2012
Monroe County Sheriff's Office and the City of Marathon
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Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2010-2012
1- PUrpose:
The City of Marathon, a Florida municipality ('Marathon" or the "City");
and the Monroe County Sheriff's Office ("MCSO"), a subdivision of the State of
Florida; and Monroe County, a political subdivision of the Station of Florida
("County") have agreed that Marathon will purchase and MCSO will provide local
law enforcement services to Marathon 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 the Village, the County, and MeSO. Any
and all communications required to be provided shall be directed to the parties as
follows::
City of Marathon
City Manager Clyde Burnett
9805 Overseas Highway
Marathon, Florida 33050
Telephone: (305) 289-4130
Facsimile: (305) 289-4123
MeSO
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
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Contract for Local Police Services- FY 2010.2012
Monroe County Sheriff's Office and the City of Marathon
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3- Term:
The term of this Contract begins October 1, 2009 and ends September 30,
2012.
4-Scope of purchased services:
MCSO will provide professional police road patrol service throughout
Marathon. Service will be provided a contingent (the "Marathon District'')
consisting of:
-One Captaffi
- Four sergeants
-Eleven deputies (including one near-shore patrol officer)
-One School Crossing Guard
The parties intend tha~ road patrol services be provided 24-hours per day on
every day of the term of this Agreement. The Marathon District Captain in close
cooperation with the City Manager shall plan schedules for the Marathon 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 Marathon District.
The parties acknowledge that the Marathon District Captain and lieutenant
has regional responsibilities in addition to his responsibilities to Marathon.
The staffmg plan for this contract has been developed using a 5.21 staffing
ratio. TIlls ratio is used to plan the proper munber 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 Marathon. 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 the Marathon District be assigned to work
on an overtime basis. In this case, Marathon will pay the actual costs of the officer's
tour of duty.
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Contract for Local Police Services- FY 2010~2012
Monroe County Sherift's Office and the City of Marathon
-Requesting that an officer from outside the Marathon District be hired to
work on a special detail. In this case) Marathon will pay the prevailing special detail
rate under the same terms and conditions as special details are offered to the public.
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 City Council.
5-0ther services:
Apart from this Contract, MCSO shall also provide the following services to
Marathon 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
-Hwnan resources
- Information technology
-Internal investigations
-Juvenile officers
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Contract for Local Police Services- FY 2010-2012
Monroe COwtty Sheriff's Office and the City of Marathon
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-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 legaJ. 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:
MeSO recognizes the desire of Marathon that the Marathon 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. Marathon 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 Marathon District.
The City Manager will play an integral part in the selection of officers for
assignment to and promotion within the Marathon District. The Manager will be
Page 7 of 13
Contract for Local Police Services- FY 2010-2012
Monroe County Sherift's Office and the City of Mamthon
given the opportunity to review personnel f1l.es, 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
Sheriff will consult with the City Manager before making his decision.
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 City shall not
undertake investigations of any officer. Any complaint against an officer in the
Marathon 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:
Marathon understands, acknowledges and agrees the MeSO 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 City charter, no elected official or employee of the City
may direct the actions of officers of the Marathon District. Direction from the City
will be given through the Manager in accordance with the terms of this Contract.
10~Attention to needs of Marathon:
Meso will work together with Marathon to direct police services to the meet
the expressed needs of the residents of Marathon. The Captain shall meet with the
Manager frequently to learn of community 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.
l1~Officers not employees or agents of the City:
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 Marathon for the purpose of any
pension, insurance, civil service, worker's compensation payor other benefits.
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Contract for Local Police Services- FY 2010-2012
Monroe County Sherifi's Office and the City of Marathon
MCSO officers are not agents or employees of the City, and will not have the
authority to enter into agreements or make policy on behalf of the City.
12-Enforcement of municipal ordinances:
Every member of the Marathon District will be authorized under Florida law
to enforce the criminal municipal ordinances of Marathon. Marathon agrees to
provide MeSO six copies and every member of its District one copy of such
ordinances. Further, Marathon agrees to provide the Captain, the Undersheriff and
MCSO General Counsel the text of proposed ordinances in time sufficient for
review and discussion with City officials and their advisors. MeSO will provide City
officials advice from a practical law enforcement perspective concerning any
proposed criminal ordinance.
13-LegaI 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.
I4-Uniforms and marking of patrol vehicles:
MCSO shall ensure that every member of the Marathon District is provided
with a marked patrol vehicle and uniforms.
IS-Contract cost and payment:
a. Marathon agrees to pay the sum of $1,511,561 (One j\.fiJJion Five-
Hundred Eleven Thousand Five Hundred and Sixty-One Dollars) for services,
equipment, and supplies provided during the first year of this Contract (10/01/09-
09/30/10). This sum is referred to as the "Contract Price."
b. Marathon will pay Two/Twelfths (2/12 or 16.67 %) of the total
contract price to the Clerk of Court no later than October 15, 2009. Thereafter,
Marathon shall pay One/Twelfth of the total contract price no later than November
1, 2009 and on or before the first day of each succeeding month until the total
contract price is paid.
c. MCSO will provide a fully marked and properly equipped police
vehicle for each member of the Marathon District. Marathon will pay all monthly
vehicle costs in advance to MCSO, and will payor provide for fuel, maintenance, and
other operating costs for all vehicles assigned to the Marathon District.
d. In future Contract years, Marathon will pay the costs of acquiring
replacement vehicles for the Marathon District. MCSO will replace the Marathon
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Contract for Local Police Sel"Vices- FY 2010-2012
Monroe County Sheriff's Office and the City of Marathon
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vehicles according to the terms of the then current vehicle replacement policy of
MCSO.
16-Cost reports/ Contract Price options:
MCSO will provide Marathon monthly fmancial 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 (95%) 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;
Or,
Marathon may issue a written commitment to MCSO to pay for additional
services as agreed to by Marathon and MCSO.
17- Year-end reconciliation:
At the end of each fiscal year, incurred costs will be reconciled with total
payments made by Marathon. MCSO external auditors will determine the final
balance. If incurred costs exceed total payments, Marathon will reimburse MeSO
for the excess costs. If total payments exceed incurred costs, MCSO will reimburse
Marathon for the excess payment amount.
IS-Future year pricing:
a. Marathon and MCSO will negotiate payment for the second and third
years of this Contract in time sufficient for preparation of budgets and tax rolls.
W'hen agreement is reached, the City Manager will prepare a memorandum stating
the new terms and acknowledging Marathon's acceptance of them. An amendment
of this Contract signed by the parties 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 Marathon's entitlement to fines and forfeitures
pursuant to S:318.21, Fla. Stat. (2002), as from time to time amended.
Page 10 of 13
Contract for Local Police Services- FY 2010-2012
Monroe County She rift's Office and the City of Marathon
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20-Florida Contraband Forfeiture Act proceeds:
The parties shall determine an equitable share for Marathon of proceeds of
any forfeiture pursuant to the Florida Contraband Forfeiture Act in cases involving
the participation of officers of the Marathon District. This share will be based upon
the ratio that the Marathon 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 Marathon. Marathon 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.
The parties agree that the decision to use or dispose of personal or real
property seized within Marathon shall be in the sole discretion of MCSO. If MCSO
elects to use seized personal property outside of Marathon or to sell seized
Marathon real estate, MeSO shall allocate funds to the Law Enforcement Trust
Fund in amount to Marathon'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 MeSO within
Marathon.
21-Station facilities and office expense:
MCSO will provide station facilities for the Marathon District.
22-Law enforcement education assessments:
Marathon agrees to promptly 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 1a\v. Any new assessments enacted by the City
for law enforcement training purposes will be shared between MCSO and the City
for the purposes intended by la\v.
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. MeSO may direct Marathon District officers to render aid in
either case in a manner consistent with the deployment by MeSO of other MCSO
officers without financial set-off or deduction by Marathon. The Manager will be
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Contract for Local Police Services- FY 2010-2012
Monroe County Sherift's Office and the City of Marathon
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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.
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.
SIGNATURE PAGE FOLLOWS
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Contract for Local Police Services- FY 2010-2012
Monroe County Sheriff's Office and the City of Marathon
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Agreed to on , 2009.
Monroe County Sheriff's Office
BY:~C
Sheriff Robert P. Peryam
5 E A l
City of Marathon
By:
Mayor
ATTEST:
City Clerk
BOARD OF COUNTY COMMISIONERS OF
MONROE COUNTY, FLORIDA
By
Mayor/ Chairperson ASS/S
Date
. Attest: DANNY L.KOLHAGE,
CLERK OF COURT
By
Deputy Clerk
MONROE COUNTY SHERIFF'S QFFICE
APPROVEDA~
5 E A l ~~
MARK l. WILLIS
~RA~OUNSEL
DATE.- s $!-aO r
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Contract for Local Police Services- FY 2010-2012
Monroe County Sheriff's Office and the City of Marathon