FY2006-2009 05/16/2007 DANNY L. K`OLHAGE
CLERK OF THE CIRCUIT COURT •
DATE: May 17, 2007
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy Peters
Executive Assistant
FROM: Pamela G. Hanc ,y,,
Deputy Clerk
At the May 16, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Contract between Monroe County and Robert Tischenkel, Esquire limited to services of
preliminary review of Municode analysis and advice as to corrections, deletions and revisions.
Contract for Local Police Services between Monroe County, Islamorada, Village of
Islands and Monroe County Sheriffs Office for Fiscal Years 2006-2009.
%/Contract for Local Police Services between Monroe County, cr ty of Marathon and
Monroe County Sheriffs Office for Fiscal Years 2006-2009.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: Finance
File
Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2006-2009
Page lofU
Contract for Local Police Services- FY 2006-2009
Monroe County Sheriff's Office and the City of Marathon
Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2006-2009
Table of Contents
1-Purpose: .................................................................................4
2-Parties: ................................................................................................4
3-Term:: .....................................................................................S
4-Scope of purchased services: ............................................................S
SoOther 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
10-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
1S-Contract cost and payment: .......................................................9
16-Cost reports and cost/ Contract Price options: ............................. ..10
17- Y ear,-end reconciliation: ....................................................... ...10
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Contract for Local Police Services- FY 2006-2009
Monroe County Sheriffs Office and the City of Marathon
IS-Future year pricing: ............................................................. ...10
19- T rafflc fines and forfeitures: ......................................................11
20-Florida Contraband Forfeiture Act proceeds: ............................. ....11
21-Station facilities and office expense: ........................................ ....11
22-Law enforcement education assessments: ................................... ...11
23-Mutual aid: ...........................................................................12
24-Paragraph headings not dispositive: .............................................12
25-No presumption against drafter: .............................................. ...12
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Contract for Local Police Services- FY 2006-2009
Monroe County SherifPs Office and the City of Marathon
Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2006-2009
1-Purpose:
The City of Marathon, a Florida municipality ("Marathon" or the "City"), the
Monroe County Sheriff's Office ("MCSO"), a subdivision of the State of Florida,
and Monroe County (County), a political subdivision of the State of Florida, 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. The County as fiscal authority shall
provide the appropriate budget allocation for the MCSO and receive payments from
Marathon. This Contract states the terms of the agreement between the parties.
2- Partit:s:
The parties to this Contract are Marathon, MCSO and the Monroe County
Board of County Commissioners. Any communication required to be provided by
either party may be directed to:
City of Marathon
lvIichael Puto
City Manager
10045-55 Overseas Highway
l\larathon, Florida 33036
Telephone: (305) 289-4130
Facsimile: (305) 289-4123
]\ICSO
Sheriff Richard D. Roth
5525 College Road
Key West, Florida 33040
Telephone: (305) 292-7001
Facsimile: (305) 292-7070
J\lonroe County
Tom Willi
County Administrator
1100 Simonton St.
Key West, FI. 33040
Telephone (305) 292-4441
Facsimile (305) 292-4544
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Contract for Local Police Services- FY 2006-2009
Monroe County Sheriff's Office and the City of Marathon
3- Term:
The term of this Contract begins October 1, 2006 and ends September 30,
2009.
4-Scope' of purchased services:
MCSO will provide professional police road patrol serVlCe throughout
Marathon. Service will be provided a contingent (the "Marathon District")
consisting of:
-One Captain
- Four sergeants
-Eleven deputies (including one near-shore patrol officer)
-One School Crossing Guard
The parties intend that 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 ,vith the City Manager shall plan schedules for the Marathon District.
The Captain ,vill 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 staffing plan for this contract has been developed using a 5.21 stafftng
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 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 2006-2009
Monroe County Sherifrs 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
-Human resources
-Information technology
-Internal investigations
-J uvenile 0 fficers
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Contract for Local Police Services- FY 2006-2009
Monroe County Sheriff's Office and the City of Marathon
-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 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 officers
fairly concerning requests for transfer and career advancement, and to maintain
order and discipline. MeSO 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 ,vithin the Marathon District. The Manager will be
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Contract for Local Police Services- FY 2006-2009
Monroe County SheritPs Office and the City of Marathon
given the opportunity to review personnel flies, 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 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 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.
lO-Attention to needs of Marathon:
MCSO 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.
ll-OffiCiers not employees or agents ofthe City:
1\11 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 2006-2009
Monroe County Sheriff'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.
I2-Errforcement 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 MCSO si.x 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. MCSO will provide City
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.
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 marked as described on the attached
Exhibit A.
IS-Contract cost and payment:
a. Marathon agrees to pay County the sum of $1,421,911 (One J'.Iillion
Four-Hundred Twenty-One Thousand Nine Hundred and Eleven Dollars) for
services, equipment, and supplies provided during the first year of this Contract
(10/01/06-09/30/09). This sum is referred to as the "Contract Price."
b. An analysis of the cost is provided on two pages attached as Exhibit
A. Care has been taken to include on Exhibit A 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 A or provided at no cost pursuant to
Section'" of this Contract will be billed separately to the City.
c. Marathon shall include the total cost shown on Exhibit A in the
municipal budget for fiscal year 2007 and make timely provision to secure the funds
necessary to fund the Contract. Marathon will pay Two/1\velfths (2/12 or 16.67 %)
of the total contract price to the Monroe County Clerk no later than October 15,
2006. Thereafter, Marathon shall pay One/Twelfth of the total contract price no
later than November 1, 2006 and on or before the first day of each succeeding
month Wlti1 the total contract price is paid.
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Contract for Local Police Services- FY 2006-2009
Monroe County Sheriff's Office and the City of Marathon
d. Mcsa will provide a fully marked and properly equipped police
vehicle fDr each member of the Marathon District. Marathon will pay all monthly
vehicle costs in advance to MCSa, and will payor provide for fuel, maintenance, and
other operating costs for all vehicles assigned to the Marathon District.
e. In future Contract years, Marathon will pay the costs of acqumng
replacement vehicles for the Marathon District. MCSa will replace the Marathon
vehicles according to the terms of the then current vehicle replacement policy of
MCSo.
16-Cost reports/Contract Price options:
MCSa will provide Marathon 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 (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 MCSa 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. MCSa external auditors will determine the fInal
balance. If incurred costs exceed total payments, Marathon will reimburse MCSO
for the excess costs. If total payments exceed incurred costs, MCSO will reimburse
Marathon for the excess payment amount.
18-Future year pricing:
a. Marathon and MCSa 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 City Manager will prepare a memorandum stating
the new terms and acknowledging Marathon's acceptance of them. An amendment
shall be prepared by MCSO acknowledging the new terms and shall be presented
for approval to the Monroe County Board of County Commissioners.
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Contract for Local Police Services- FY 2006-2009
Monroe County Sheriff's Office and the City of Marathon
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 petiod.
19-Traffic fines and forfeitures:
The parties acknowledge Marathon's entitlement to fines and forfeitures
pursuant to 8318.21, Fla. Stat. (2002), as from time to time amended.
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 She tiff'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 Board of County Commissioners 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, MCSO shall allocate funds to the Law Enforcement Trust
Fund in amount equal 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 MCSO
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 currently received by
it from the Monroe County 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 City for law enforcement training purposes will be shared between
MCSO and the City for the purposes intended by la"v.
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Contract for Local Police Services- FY 2006-2009
Monroe County Sherift's Office and the City of Marathon
23-Mutual aid:
The parties recognize their obligation to provide emergency assistance to
other jUlisdictions (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 Marathon District officers to render aid in
either case in a manner consistent with the deployment by MCSO of other MCSO
officers without fmancial set-off or deduction by Marathon. 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.
25-No presumption against drafter:
The parties agree that this Contract has been freely negotiated by the 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 the _ day of
,2007.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 12 of U
Contract for Local Police Services- FY 2006-2009
Monroe County Sheriffs Office and the City of Marathon
MONROE COUNTY SHERIFF'S OFFICE
Br-iZ~ ~ &
Sheriff Richard D. Roth
Approved as to Legal Form:
~//;/~
Mark L. Willis
General Counsel
CITY OF MARATHON
By:
)f!kttf/U
Michael Puto, City Manager
By:
ATTEST: (Seal)
By:H!ilI\U. ~
City Clerk
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
By
7?7;~", co;"",''', Mayor/Chairperson
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MAY 1 6 20Q7
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ATTEST: Danny L. Kolhage, Clerk of Court
Page 13 of14
Contract for Local Police Services- FY 2006-2009
Monroe County Sheriff's Office and the City of Marathon