Item K4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Datee cr I� O ivision:ihmgL2mulie ds f�
Bulk Item: Yes X No
ZVI ........
al W
PkiVIO—US
ELEVANT BOCC ACTION:
The BOCC has approved (3) year Contracts for Local Police Services and the price revisions for each
contract year in the past
-C6NT-4ACT/AGREEMENT CHANGES:
This is for years 2015-2018
N=
TOTAL ® 048.00 INDIRECT COST: BUDGETED: Yes _2L No
DIFFERENTIAL OF LOCAL PREFERENCE:
N/A
— -----------
COST TO COUNTY: $0.00 SOURCE OF FINDS:
REVENUE PRODUCING- Yes X - No- AMOUNT PER MONTH — Year
APPROVED BY: County Atty W, UPC in Q0 Risk Management
DOCUMENTATION: Included Not Required --
DISPOSITION: AGENDA ITEM
Manager:Contract
for BOCC meeting on Sept 16, 1
CONTRACT COSTS
l
ate
Changes
Ne a
Date Out
Division Director
tweor
yNoEj
Risk Management
YesEl N.E2/
O.M.B./Purchasing
Yes o
CountyAttorney ' }
A
yesD No
Comments:
-do - Mead 2 227 MCI4`C II 2
Contract for Local Police Services
Page 'I Gf 13
COnu= for L—W Police Setvices- FY 2015-2M
Mn-r-me cavy '--*fr - "rk- � bIZ6"— "Irr
Contract
. Police
Monroe Countv Sheriff's Offic
1-Purpose: ............................................................................................................ 4
2-Parties:..............
3-Term: 4
.....................................................................
4
5-Other services: 5
. '!. . . 1 2 . 1 1 1 `':
L,Z]otnplaints regarding .ffi
R
10-Aftention to needs of b •...................................................................
11-Officers not employees or agents of the City................................................
tof municipalc s:........................................................ 7
claims, notices of sEit, and lawstits:..................................................
and marldng of patrol vehicles:
reports. „...
reconciliation:,
Page 2 of U
AA205-2018
21-Stadon facilities. office ., li
enforcement• ..
+ .h ..a . a
25-No presumption p.r
Comma for Local PoEce SeMces
MQ-Tr--1TP- � , t
aja&.64"g 111(irpgo I'Llm'% UTAI
I -Purpose:
The City of Marathon, a Florida municipality C%4mthon" or the "City'�,
and the Monroe County Sheriff's office CNCSCV�, a subdivision of the State of
Florida, have agreed that Marathon will purchase and MCSO will provide local law
enf0rcem;iT-t-9Px,&r,-3 -ml- 4imtkia bL LIF,
residents of the unincoTorated areas of Monroe County This Contract states the
terms of the agreement baween the parties.
■
The parties tc) d-lis Contract are Marathon and MCSO. Any communicatil
required to be providedby either party may be directed to:
Mike Puto
City Manager
9805 Overseas Highway
Marathon, Florida 33036
Telephone: (305) 743-0033
Facsiff&e: (305) 743-3667
MCS0
Sheriff Richard A. Ramsay
Attn. Legal Don
5525 College Road
Key West, Florida 33040
Telephone: (305) 292-702*
Facsimile: (305) 22,92-7070
3-Term:
2018. The W= of this Contract begins October 1, 2015 and ends September 30,
4-Scope of purchased services:
MCSO will proxide professional police road patrol service throughout
• Service will be provided a contingent (the "Marathon ■
consisting of -
MOM=,
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 dose cooperation with the City Manager (hereinafter
"Mmager") shall plan schedules for the Marathon District. The Captain will provide
the Manager with the planned schedules and ■. reports containing die names and
hours worked • every member of the Nkrathon Distr■ict upon •
The parties acknowle* that the Marathon District Captain and Ueutenant
have regional responsibilities in addition to d-teir responsibilities to INIarathon.
The smffing plan for this contract has been developed using 2 521 staffing
ratio. This ratio is used to plan the proper number of officers to maintain shift
Coverage considering planned and un,7 41anned absences due to' ffies-,4 vacati
training and family and medical icave. The Captain will make all reasonable efforts
to coordinate trainin& 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, % those of the City Council.
• services:
Apart from d-iis Contract, MCSO shall also provide all services to Marathon
on the same terms ang at VII
I -Assignment of personnel and selection of District Captain:
MCSO recognizes the desire of Marathon that the Marathon DistfiCt. be
composed of officers who are weil acquainted with the community, and its residents
Tnd -%xdth whorn the residents can establish a facc-to-face rapport and long-term
Pnge5 of13
Cc)aU=t for LocA Police SeMcw- FY 2015-2018
M07-we ent
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 Disetrict. The Manager will be
given the opportunity to review personnel files, ft-aining record% and disciplinary
record of these officers and be a member of their selection wrid promotional boards.
7-Procedurc for selection of District Captain and Lieutenant:
If the need arises for the selection of a District Captain or Lieutenant, the
Sheriff vill consult %oidi 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 thoroughIly
investigated by MCSQ 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 writtenreport of the investigation and resolution of the mattet If the
complaint concerns die 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 Deput's interaction with the public
vAthin (6) months or (6) such complaints within (12) months.
9-Responsibility for ultimate control:
Marathon undcrstands�, 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, hirin& promotion, discipline and termination, labor
relations, as well as A other matters necessary or incident to the performance of
such services.
Consistent with the City charter; no elected official or employee of the City
x.my direct the actions of officers of the Nfarathon District Direction from the City
will be given through the Manager in accordance with the terms of this Contract
It, - I i- - I
MCSO willwork together with Marathon to direct police services to meet
the expressed needs of t1e 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 am ember of the Managerls Senior Management Team.
B-OfEcers not employees or agents of the Cit3r.
All deputies and other persons employed by MCSO to perform services
under this Contract are and sball remain in the sole employment of MCSO and no
such person shah be considered in the employ of Marathon for the purpose of any
pension, insurance, civil service, workerls compensation pay or other bcncfits,
MCSO officers am not agents or employ= 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
ordinancm Further, Marathon agrees to provide the Capt=, the Undersheriff and
MCSO General Counsel the text of proposed ordinances in time sufficient for
review and discussion with City officials and their ad-dsors. MCSO will provide City
officials advice from a practical law enforcement perspective concerning any
proposed criminal ordinance.
13-lxgal claims, notices of suit, and JawsWts:
I d A
City, as -a sure agency or subdivision defined in Section 768.28, Florida
Statutes, agrees to be fiiDy responsible to the limits set forth in such statute for its
own negligent acts or ormissions, or intentional tortuous actions, which result in
claims or suits ag . st eitve�—,,If cic-100 -#,r ci%
tortious acts.
MCSO, as a political sub -division of the State of Florida, as defined in
Section 7fV9--7-RATrids-S "Ti=, qWev M&flll
in such statute for its own negligent acts or otnissions, or intentional tortuous 2C
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. I
Nothing contained in this Secton. or this agreement shall be construed to be
31--f njp 1v
any other irnmunity, indu=g the protections and statutory caps on liability
contained in section 768.28 of the Florida Statutes, as well as any other similar
[�rovision of law. Nothing contained herein shall be construed to be 2 consent by
either party to be sued by third parties in any matter arising out of this agreement or
FT-y other agreement.
14-4 niforms and marking of patrol veldcles:
MCSO shall. ensure that every member of die Marathon Distdct is provided
-g-,th a markcd patrol vehicle and uniforms. City of Marathon patrol cars will dearly
--marked as such.
15-Contract cost and payment:
a. Maradion agrees to pay for services, ecjuipment� and supplies provid
during the first year of this Contract (10/01 /2015-09/30-2016) the sum described
on Fxhibit A, attached and incorporated by reference hereLn. This sum is referred
as the "Contract Prim" I
b. Manthon 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- 20
1 1 1 Am-
Ih0Irq7—TM"r,PL SUVIJWW-.L&-czq--(�R.-O-7wrLuv--,-n-76—C I-SULT-
total contraa price is paid.
C- MCSO will pro -vide a hilly marked and properly equipped police
vehicle for each member of the Marathon District. Marathon will pay all monthly
vehicle costs in advance to MCS0, and will W, or :�-rovide for fuel-
vef.
other operating costs for 0 vefficles assigned to the Marathon DistricL
e. In future Contract years, Marathon will pay the costs of acquidng
replacement vehicles for the Marathon District. MCSO will replace the Marathon
vehicles according to die tarms of the then current vehicle replacement policy of
MCSO.
f. ,U 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,
p2ge 8 of 13
ConuAct for Local Police SerWces- FY 2015-2MS
16-Cost zePorts /Contract Price options:
MCSO will provide Marathon monthly financial reports showing all costs
�W incurred cow ual
=. Vol 1.11 FROM P1 W. EGA I
MCSO may stop providing any of the services in order not to exceed the
Contract price;
a
U81111410H
il?110111140�w �00
Hzgn� �61- M.
At the end of each fiscal year, incurred costs wiR be reconciled with total
VJI inal
payments made by Marathon. MCSO external auditon determine the E
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 th`e excess payment
amount on or before March 31 ol of the following fiscal year.
a. Marathon and MCSO will negotiate payment for the second and thi
years of this Contract in time sufficient fbr preparation of budgets and tax rolls.
When agreement isreached, the Cit�r Manager will prepare a memorandum stating
the nmv terms and acknowledging Marathores 2cceptancc of them. A resolution o
the
herin Monroe County Board of County Commissionem sponsored by die Sff a
acknowledVnq the niwv te-gs .*I hegj7de-vt tri
b. If the parties are unable to agree on payments for future years on a
time1jr basis, then and in that event this Contract shall terminate on SVw,* �-,
of the then current Contract period.
19-Traffic fines and forfeitures:
The parties acknowledge Marathon% enddement to fines and forfeitures
wursuant to §318.21, Fla. Stat, (2002), as from ti11e to time amended.
The parties shall determine an equitable share tor Marathon of proceeds of
any forfeiture, from which MCSO successfuUy forfeits cash or property exceeding
$10,000.00 r,-ursuant to the Flo�dda Contraband Forfeiture Ao�n—cn�invjW
participation of officers of the Marathon District. This share will be based upon the
ratio that the Marathon District's participation beats to the participation of all law
enforcement agencies participating in the crin-drial c2se, seizure� and subsequent
forfcirarc. This share shaU be deposited by MCSO in the Sheriff Is Law
Enforcement Trust Fund for the Sheriffs use in Marathon. Marathon
the Sheriff for the use of such funds consistent vi-ith the limitations of the
Contraband Forfciture Act The Sheriff agrees to submit such request to the
Monroe Courit�-,, Commission for &3Xm7�dation- and 4.on aV-royyria--Piu��p�-w
funds for the intended purpose.
The parties agree that the decision to use or dispose of personal or real
property seized within Marathon sball 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 scizurcand forfeiture. In
both casm, the allocated share shall be earmarkrd for use by MCSO within
Marathon.
21-Station faciUdes 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 ro assessments of court costs
intended for criminal 'usticc
MCSO upon request. MCSO will use die fimds soldy for law enfbrcement
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.
43AMIMM M.,
The patties rmognize their obligation to provide emergency assistance to
other j urisdictions (includ4W without firnitadm the Cities of Kcr, 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 die
event of catastrophc MCSO may direct Marathon District officers to render aid in
either riq :1 If
P%N 10 of 13
Contmet for lzml Pace ScMceB- FY 2015-2018
officers without financial set-off or deduction by Njarathom The Manager will be
officers so deployed upon rcqucst
24-Paragraph headings not dispositive:
The parties agee that the headings given the paragraphs, and other
i-Lc-mliv r T. _a --I
MIKOMMODIN I.W. th,
25-No presumption against drafter.
The parties agree that this Contract has been freely nego6ated by both
patties, and that, in any dispute over the meaning, interpretation, VaEdity, or
enforceability of this Contract or any of its terms or provisions, th ere shall be n
PrCsu-nipi'I'M —AP-tsvi-wer W—v-st eitker 7.9---L-f �y *f Contract or any portion thereof
- IN!Ff-WFIP.-F 0 , of . 0
Aaereed to oti -, 2015.
Monroe County Sheriff's Office
B3r-
Sheriff Richard A. Ramsay,
5 F R b
City of Marathon
By -
Mayor
WN" N, spa AS TO F(M
C"Mr 17 C ITY
-I
Pne 12 of 13
Contract for Local Police Services- FY 2415-2DIB
IN-19mv a+2 C+ W: 2 +
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CLERK #£COURT
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6
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134415
ADOPTED
PROPOSED
BUDGET
BUDGET
DIFFERENCE
FM2115
FYF 20111
40R(�
EVOMELM
Headc"I
Is
Is
Executive Sdary
R@Wm swerims
817,017
015.625
(1,392)
ovorum
34.790
35,492
096
Inowdive
8.639
SM0
(3,OOD)
ErnpkW Taxes
85.M
65,405
(329)
Aamremonmoftbusnn
163.059
1194.455
21,396
Ufa & Has" Insurerms
1.400
1,400
Un=VOWmn* Corponsallon
—
-
Told Personal Senrims
1.107,505
1 C771
OPEA& atuart■
FiMonves O#wThan 64igrlss
pfflIasomal S
3,700
3,700
OftrCciftooAlSorwims
350
350
Travel & Per Dion
2.000
2.000
Cmmw*Afions
6.000
a,000
Freight & Poetap
200
200
Udft Services
Rentals
Insurance
17.450
27.450
Repairs & Maimmance
43.000
43,000
Prinfing
Advertising
Ofte Supplies
Z300
Z300
Oparawo Supplies
94.110
S4,110
Books/SibscriptlimUmbamos
Tulbon
Tralning
Total OpwMg Expems"
185A10
CMEMSAULM
Other Busft Improvarner"
Auftymb&as,eAachjr-y)EqUjp.
126,108
f ,ice
TOW Copilot Oullay
Mice
126AM
2BZL=
Akl$ No Gcvwmmnt Aamcks
Aide to Privies OrgargMans
Intro gmammantmi Tropews
Tctal Other Uses
TOTAL 3HEWF3 BUDGET
1,401,055
1,41 11,7Z
16,771
COUNTY COSTS:'
HUM Insurances
132,720
132,720
Wwkws Compensation
47,444
43,2
19,549
County Allowdon
ToW County
"95*11dow
1HD,88q7-76322
TaFAL BUDGM1,552,11s12929