FY2012-2015 09/21/2012 DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: October 10, 2012
TO: Sheriff Robert P. Peryam
Monroe County Sheriffs Office
ATTN:: Tamara Snider
Grants Administrator
FROM: Isabel C. DeSantis, D.C.
At the September 21, 2012, Board of County Commissioner's meeting the Board
approved the following:
Item K1 Board granted approval of Third Amendment to Contract for Local Police
Services with the Village of Islamorada, the Monroe County Sheriff' Office and the BOCC.
Item K2 Board granted approval of Contract for Local Police Services with the City of
Marathon, the Monroe County Sheriff' nd the BOCC.
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: County Attorney
Finance
File
J y..
Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2012-2015
Page 1 of 13
Contract for Local Police Services-FY 2012-2015
Monroe County Sheriffs 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: 4
4-Scope of purchased services: 5
5-Other services: 5
6-Assignment of personnel and selection of District.Captain: 5
7-Procedure for selection of District Captain and Lieutenant: 6
8-Complaints regarding officers- 6
9-Responsibility for ultimate control. 6
10-Attention to needs of Marathon: 6
11-Officers not employees or agents of the City: 7
12-Enforcement of municipal ordinances: 7
13-Legal claims,notices of suit, and lawsuits: 7
14-Uniforms and marking of patrol vehicles: 8
15-Contract cost and payment: 8
16-Cost reports and cost/Contract Price options: 9
17-Year-end reconciliation: 9
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Contract for Local Police Services-FY 2012-2015
Monroe County Sherif's Office and the City of Marathon
18-Future year pricing: 9
19-Traffic fines and forfeitures. 9
20-Florida Contraband Forfeiture Act proceeds: 9
21-Station facilities and office expense: 10
22-Law enforcement education assessments. 10
23-Mutual aid: 10
24-Paragraph headings not dispositive: 11
25-No presumption against drafter 11
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Contract for Local Police Services-FY 2012-2015
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 2012-2015
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 State 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 Marathon,MCSO and County. Any
communication required to be provided to a party maybe directed to:
City of Marathon Monroe County
Roger Hemstadt County Administrator
City Manager 1100 Simonton Street
9805 Overseas Highway Key West,Florida 33040
Marathon,Florida 33036 Telephone: (305) 292-4441
Telephone: (305) 743-0033 Facsimile: (305) 292-4544
Facsimile: (305) 743-3667
MCSO
Sheriff Robert P.Peryam
Attn.Legal Division
5525 College Road
Key West,Florida 33040
Telephone: (305) 292-7020
Facsimile: (305) 292-7070
3-Term:
The term of this Contract begins October 1,2012 and ends September 30,
2015.
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Contract for Local Police Services-FY 2012-2015
Monroe County Sheriff's Office and the City of Marathon
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 Captain
-Four sergeants
-Ten 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
(hereinafter"Captain") in close cooperation with the City Manager (hereinafter
"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 upon request.
The parties acknowledge that the Marathon District Captain and Lieutenant
have regional responsibilities in addition to their responsibilities to Marathon.
The staffing plan for this contract has been developed using a 5.21 staffing
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. MCSO will maintain appropriate staffing at all times. '
The Captain shall attend any meetings that the Manager shall reasonably
request, e.g. those of the City Council.
5-Other services:
Apart from this Contract,MCSO shall also provide all services to Marathon
on the same terms and at no additional charge or expense as they are provided to the
residents of Monroe County. •
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
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Contract for Local Police Services-FY 2012-2015
Monroe County Sherif's Office and the City of Marathon
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
given the opportunity to review personnel files, 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. Upon request, 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. The Captain will advise the Manager any time an individual Deputy
draws three or more complaints regarding the Deputy's interaction with the public
within (6) months or (6) such complaints within (12) months.
9-Responsibility for ultimate control:
Marathon 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 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:
MCSO will work together with Marathon to direct police services to meet
the expressed needs of the residents of Marathon. The Captain shall meet with the
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Contract for Local Police Services-FY 2012-2015
Monroe County Sheriff's Office and the City of Marathon
1
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.
11-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 pay or other benefits.
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 MCSO 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. 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: V
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.
City, as a state agency or subdivision defined in Section 768.28,Florida
Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous actions,which result in
claims or suits against either MCSO or City, and agrees to be liable to the statutory
limits for any damages proximately caused by said acts or omissions, or intentional
tortious acts.
MCSO, as a political sub-division of the State of Florida, as defined in
Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth
in such statute for its own negligent acts or omissions, or intentional tortuous acts,
which result in claims or suits against either the City or MCSO, and agrees to be
liable to the statutory limits for any damages proximately caused by said acts or
omissions, or intentional tortious acts.
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Contract for Local Police Services-FY 2012-2015
Monroe County Sheriff's Office and the City of Marathon
Nothing contained in this Section or this agreement shall be construed to be
a waiver by either party of any of the protections provided by sovereign immunity or
any other immunity,including the protections and statutory caps on liability
contained in section 768.28 of the Florida Statutes, as well as any other similar
provision of law. Nothing contained herein shall be construed to be a consent by
either party to be sued by third parties in any matter arising out of this agreement or
any other agreement.
14-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. City of Marathon patrol cars will clearly
marked as such.
15-Contract cost and payment:
a. Marathon agrees to pay for services, equipment, and supplies provided
during the first year of this Contract(10/01/2012-09/30-2013) the sum described
on Exhibit A, attached and incorporated by reference herein. 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 Monroe County Clerk of Court no later than October 15,2012.
Thereafter,Marathon shall pay One/Twelfth of the total contract price no later than
November 1, 2012 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 pay or 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 acquiring
replacement vehicles for the Marathon District. MCSO will replace the Marathon
vehicles according to the terms of the then current vehicle replacement policy of
MCSO.
f. All vehicles paid for by City will, at the end of their service life,be
property of City.
g. Marathon and MCSO may agree to purchase goods and services not
specifically addressed in this contract upon such terms and conditions as are
mutually agreed upon by the parties in writing.
Page 8 of 13
Contract for Local Police Services-FY 2012-2015
Monroe County Sheriff's Office and the City of Marathon
16-Cost reports/Contract Price options:
MCSO 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 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 MCSO
for the excess costs within (60) days of the end of that fiscal year. If total payments
exceed incurred costs,MCSO will reimburse Marathon for the excess payment
amount on or before March 31st of the following fiscal year.
18-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.
When agreement is reached, the City Manager will prepare a memorandum stating
the new terms and acknowledging Marathon's acceptance of them. A resolution of
the Monroe County Board of County Commissioners, sponsored by the Sheriff and
acknowledging the new terms, 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 §318.21, Fla. Stat. (2002), as from time to time amended.
20-Florida Contraband Forfeiture Act proceeds:
Page 9 of 13
Contract for Local Police Services-FY 2012-2015
Monroe County Sheriff's Office and the City of Marathon
•
The parties shall determine an equitable share for Marathon of proceeds of
any forfeiture, from which MCSO successfully forfeits cash or property exceeding
$10,000.00 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 io 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 such 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 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 retain and separately account for all monies currently
received by it from the Clerk of Court attributable to assessments of.court costs
intended for criminal justice training purposes. Marathon will disburse said funds to
MCSO upon request. MCSO will use the 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 law.
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. MCSO may direct Marathon District officers to render aid in
either case in a manner consistent with the deployment by MCSO of other MCSO
Page 10 of 13
Contract for Local Police Services-FY 2012-2015
Monroe County Sheriff's Office and the City of Marathon
officers without financial 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 upon request.
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.
The remainder of this page intentionally left blank
Page 11 of 13
Contract for Local Police Services-FY 2012-2015
Monroe County Sheriffs Office and the City of Marathon
Agreed to on abo, 2012.
Monroe CountySheriff's Office •MONROE COI1 = SHERIFF'S OFFICE
APP- 'n AS TO FORM:
SA/
By: od• Cg,t) fr-ICK .','eCULLAH
NERAL OUNEL
DATE. /op IOL
Sheriff Robert P. Peryam
S E. A L
City of Marathon i
latiAlly
By: 11 if n 1.k
r
Mayor i
ATTEST:
-?ii
C
0AMPUL
City Clerk
MONROE COUNTY ATTORNEY
AP'' OV,D AST O _
NTHIA L. HAL'L
ASSISTAr T COUNTY ATTORNEY
Date 0 -30 -- RD(2-
Page 12 of 13
Contract for Local Police Services-FY 2012-2015
Monroe County Sheriff's Office and the City of Marathon
BOARD OF COUNTY COMMISIONERS OF
MONROE COUNTY, FLORIDA
By
Mayor/Chairpe t viI A ie/LL
Attest: DANNY L.KOLHAGE,
CLE F COURT
By .
Deputy Clerk 9-.2 i-/a-
S ._.-.. E A L
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I
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4�Wi• /n�t.p
MONROE COUNTY ATTORNEY
"RO D y To, FI'M:
CYNTHIA L. HALL
ASSI ANT COUNTY ATTORNEY
Date
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C)
Cr;
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-71
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Page 13 of 13
Contract for Local Police Services-FY 2012-2015
Monroe County Sheriff's Office and the City of Marathon
4
I
EXHIBIT A -
•
25-May-12 •
Updated by:Amy Heavllin&Lisa Knowles-4130/12(v15)
BUDGET-MARATHON
2 YEAR COMPARISON FOR FYE 2012 TO FYE 2013
•
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE '
FYE 2012 FYE 2013 +OR(-)
PERSONNEL SERVICES
Headcount 15 15 • -
•
Executive Salary - - -
Regular Salaries 783,827 805,674 22,047
Overtime 33,106 33,106 -
Incentive 6.120 6,959 840
Employer Taxes , 62,948 64,699 1.761
Retirement Contribution 115,863 125,171 9.309
Unemployment Compensation - - -
Total Personal Services_ 1,001,664 1,035,610 33,947
•
OPERATING EXPENSES
Expenses Other Than Salaries - - - -
Professlonal Services 1,400 1,400 -
Other Contract ial Services 960 960 -
Investigations - - -
Travel&Per Diem 1,300 1,300 -
Communications(Telephones) 10,000 10,000 -
Postage • 50 50 -
Utility Services - - -
Rentals - - -
Insurance 37,396 37,398 -
Repairs&Maintenance 46,828 46,828 -
Printing - - -
Ofice Supplies 6,250 6,250 -
Operating Supplies 76,380 76,380 -
Training 4,546 4,546 -
Total Operating Expenses 185,110 185,110 -
CAPITAL OUTLAY
Other Building Improvements - -
Automobiles&Machinery/Equlp. 76,108 76,108 -
Total Capital Outlay • 76,108 76,108. -
CONTINGENCY ' - - -
TOTAL SHERIFF'S BUDGET 1,262,882 1,298,828 33,947
COUNTY COSTS:!
-Health insurances 132,720 132,720
-Worker's Compensation 34,381 34,381 -
-County Allocation - - -
Total County Expenses 167,101 167,101 -
•Estimates
TOTAL BUDGET 1,429,983` 1,463,929 33,947
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10