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Item J5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date -_.September 17_, 2014 Division-, Monroe County Sheriffs Office Bulk Item: Yes _.X ............. No Department* Legal Staff Contact Person: Patrick McCullah ITEM BACKGROUND: Second Amendment to Contract for Local Police Services. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved a (3) year Contract for Local Police Services and the price revisions for each contract year CONTRACT/AGREEMENT CHANGES: This amendment revises pricing STAFF RECOMMENDATIONS: Approval. TOTAL COSTL$1,582 �119.00 INDIRECTCOST: BUDGETED: Yes x No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0.00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: Co-LintyAtty�VOMB/P-archapsin 'g Risk ManagemenfidLY5 DIVISION DIRECTOR APPROVAL: Richard A. Ran-isay., Sheriff DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # coNTRATT SUMMARY Contract with: Monroe Cty Sheriff Off Contract 4 Effective Date: 10/1/2014 Contract Purpose/Desetiption- Expiration Date: 09/30/2015 Second Amendment to Contract for Local Police Services with City of Marathon Contract Manager: Patrick McCullah 292-7020 {Naive) (Ext.) (Department/Stop 41.) for BOCC meeting on Sept 17, 2014 Agenda Deadline: September 2, 2014 CONTRACT COSTS Total Dollar Value of Contract: $ 1,582,119 Current Year Portion: $ 1,582,119 Budgeted? Yes Z No Account- Codes: Grant: $ County Match: $ - ............vv ADDITIONAL COSTS Estimated Ongoing Casts: $_./yr for: aintenance, utilities, janitorial, salaries, etc) CONTRACT REVIEW Date Out Date In Needed Reviewer Division Director YesF1 NoE] .................................................. Risk Management YesNo'l ............ .......... .......... --------- - - O.M.B./Purchasing Yes[] NoEi *4 4 County Attorney Yes[] Nol2f Comments: OMB Form Revised 2/27/01 MCP #2 SECOND AMENDMENT TO CONTRACT FOR LOCAL POLICE SERVICES This Second Amendment to Contract for Local Police Services between The City of Marathon, Monroe County Sheriff s Office, and Monroe County, is made and entered into as of the date last written below by and between the City of Marathon, Florida, a municipal corporation of the State of Florida ("Marathon"), 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"). WITNESSETH WHEREAS, In October 2012 Marathon entered into a three year Contract with MCSO and County to provide Local Police Services (the "Contract"), a copy of the Contract is attached as Exhibit "I"; and WHEREAS, pursuant to Section 18a of the Contract, compensation for focal Police Services for each fiscal year shall be set by amendment to the Contract each year; and WHEREAS, Marathon desires to amend the Contract to set the compensation for Fiscal Year 2014-2015 (the "Second Amendment") NOW THEREFORE, in consideration of the mutual covenants set forth in this Second Amendment, the parties agree as follows: Section 1. Amendment to Agree ent. Section. 15 of the Contract is amended to read as follows: 15. CONTRACT COST AND PAYMENT. 15a. Marathon agrees to pay the sum of$1,582,119.00 (One Million Five Hundred Eighty Two Thousand One Hundred Nineteen Dollars) for services, equipment and supplies provided during the third year of this Contract (10/1/2014-9/30/2015). This sum is referred to as the "Contract Price." 15b. Marathon shall pay 2/12 of the total contract price to the Clerk of Court no later than October 15, 2014, and thereafter Marathon will pay 1/12 of the total contract price on or before the first day of each succeeding month until the total contract price is paid. Notwithstanding the preceding sentence, Marathon's monthly prorated payment shall be based upon the Contract Price in effect for each fiscal year of the term. Second Arriendrrment to Contract for Marathon Local Police Services —__._.. page 1 Section 2. Second Fear 1"ayinentTerms. Exhibit "A" of the Contract is replaced in its entirety with replacement Exhibit "A-2014" dated June 19, 2014, attached. All references to Exhibit "A" in the Contract shall from October 1, 2014 forward refer to the replacement Exhibit "A-2014." Section 3. No Further Modifications. All other provisions of the Contract, other than as specifically addressed herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated on the day and year last below written. CITY OF MARATHON: .... By:--t� Mayor Date: au gLglul a *M -, I wmrw agras WFLU I M Monroe County Sheriffs Offico Approved as to form By: / �atrik MoCullah, General Counsel Second Amendment to Contract for Marathon Local Police Services Page 2 Rye� Mayor/Chairman Date: k N, SOMW U EA 1 fh�� Attest: Amy Heavilin, Clerk of Court By: ----Deputy - ------- — Deputy Clerk Date: (SEAL) By: — Date: S , -2,1 701 q Second Amendment to Contract for Marathon Local Police Services Page 3 2g,JH-14 A 01151) 1 Updated by,, Usa Knowsm - 7125114 (AN BUDGET - MARATHON 2 YEAR COMPARISON FOR EYE 2014 TO FTE 2017E ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE .......... ............ ............................ . ................ K-sdopun, Is Executive Sal" RagularSafari es SO5,535 817,017 11.482 Crown" Incentive 34,761 34�796 35 Empj*er Tarreir 1,199 Retirement Cocersonlon 64,833 65,625 ARE Life & Health Insurance 147.242 163JM9 15,817 U%mPIDYgmrat Compensation 1,400 1,400 TOR0 Personal Services -1.06DWO �ra29,7c-.,- Expenses Other Then Nalards, Porfeculkinal Services 3,70D 3,700 (How Comenctual firmsees 350 350 fromaligationa Tiseel & Per Diem 2�1)00 Z000 Gommunfraffierr 11SNO 8�0130 ruaght & Postsign 200 200 - 1,11111ftysinvices Rentals Insurance 27,460 27450 Repairs A Heirgernsive, 43,00o 43,,000 printing Adverisirg Offics Supplies Cerm 2,300 Operating Supplies ,110 94,110 braposSilk) sonivisnandembemitics TuRkin Training ............ 9j— Total Operating Expenses n .................. . .. . Other Buircing lichmvements Autoresiallan/dWartiverygiaulp, ToW Caprital Ochry ---------- ....................... Aida to Government Agencies Alas to Private Criganizisiins lair egover-cmentV Transfers ..................... Total Other Uses ............... ..................... ................. TOTAL SHrRhFF8 BUDGe.1' COUNTY COSTS:' ............... .......... . vv Heath insureaccor 132,720 wakees Corripensetion 40,014 47,444 8,630 (OungrAtiocation Total County Expenses . ....... ............... .......... ............ --- I — .. as ..................... TOTAL BUDGET 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 2019-2015 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 S-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-Artention 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-Umforms and marking of patrol vellicies: ..... .......................................... -.. 8 15-Contract cost and payment: .................................. ...... ................................ 8 16-Cost reports and cost/Contract Price options .............................................. 9 17-Year-end reconciliation: ....................... .............. 9 Page 2 of 13 Contract for " Cal Police services- FY 2012-2015 Monroe County Sherit'Pr, Office and the City of Marathon yearpricing, ......~.~~~..~.~~~~.~~.~~.~......~~.~..~~........_~.~..~.,,..~..,~~~.....~.~~~~.~~9 Contraband Forfeiture Actproceeds: .................................. ~~~~~~....... 9 24-Paragraph headings not ................. ................. ................. ...... 11 Contract for Local Police Services- FY 2012-2015 Contract for Local Police Services Monroe County Sheriff's Office and the City of Marathon FY 2012-2015 1-Putpose: The Qty of Marathon, a Floridarniiiiicipality �'Mamthon" or the " City"), and the Monroe County Sheriff's Office MCS 0a subdivision of the State of Florida; and Monroe 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 region al police services provided to residents of the unincorporated areas of Monroe County Ibis Contract states the terms of the agreement betweeri the parties. Nigro =- The parties to this Contract are Marathon, WSO and County, Any corm-nunication required to be provided to a party may be directed to: City of Mamthon Roger Hernstadt GryMariager 9805 Overlseas Highway Marathon, Florida 33036 Telephone: (305) 743-0033 Facsimile: (305) 743-3667 MCSO Sheriff Robert R Peryam Ann. Legal Division 5525 Colleze Road Key West,.horida 33040 Telephone: (305) 292-7020 Facsimile: (305) 292-7070 on= Monroe County County Administrator 1100 Simonton Street KeyWest, Florida 33040 Telephone: (305) 292-4441 Facsimile: (305) 292-4544 2015. The term of this Contract begins October 1, 2012 and ends September 30, Page 4 of 13 Contract for Local Police Senices- FY 2012-2015 Monroe County Sheriffs 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 Districe� consisting of - Ten deputies (including one near -shore patrol officer) 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'D 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 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 fan -illy and medical leave. The Captain will. make all reasonable efforts to coordinate traniin& sick, annual, and administrative leave to provide optimum service to Marathon. MCSO willinaintain 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 com,posed of officers who are well ac4uainted witb_�4rffarlx-TITM ' J, .3r tRwgW , g and with whom the residents can establish a face-to-face. rapport and long-term Page 5 of U Contract for LA)cal Police Services- FY 2012-2015 relationships. Marathon recognizes the obligation of MCSO to treat all of officers f2irly concerning requests for transfer and career advancement, and to maintain, ordet and discipline. MCSO shall endeavor to establish and maintain a stable contingent in the Marathon District. 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 Citv -will be given through the Manager in accordance with the terms of this Contract- I 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 wid-i the Pagc 6 of 13 Contract for Local Police Services- FY 2012-2015 Manage r frequently to learn of commundty concerns and shall work closely with the I 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. 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 ad -vice from a practical law enforcement perspective concerning any proposed criminal ordinance. The parties shaU provide each other -with complete and pronaptnotification 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. CirS as a state agency or subdivision defined in Section 76828, Florida Statutes, agrees to be ftEy responsible to the limits set forth in such statute for its ownnegligent 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 411-5 dam:a;%LCi=imatej,,m caused b�,i said acts or omissions tortious acts. MCSO, as a political sub -division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be ftflly responsible to the limits set for in such statute for its own negligent acts or onussions, 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. I Page 7 of 13 Contract for Local Police Services- FY 2012-2015 Nothing contained in this Section or this agreement shall be construed to bel any other immunity; including ........ protections and statutory caps on liability contained in section 768.28 of the Florida Statutes, as well as any other similar provision of law. Nodg contained herein shall be construed to be a consent by either party to be sued by third parties in any matter atisirigout of tl-�s agreement o any other agreement. I 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 cats will clearly marked as such. a. Marathon agrees to pay for services, eqtiipment� 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-MamjLo—n-L�■ar, nedlwelfth of the total contractce-rice 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 Hly marked and ptoperly equipped police vehicle for each member of the Marathon District- Marathon will pay all monthly vehicle costs in advance to MCSO, andwill pay or provide for fuel, maintenance, other operating �osts for all vehicles assigned to the Marathon District. I 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. 9. 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:& Contract for Local Police Sen4ces- FY 2012,2015 1 1 UT 16-Cost reports/ Contract Price options: MCSO will provide Marathon monthly financial reports sho7)ing RE 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 to costs recited in this Contract, then: MCSO may stop providing any of the services in order not to exceed the Contract price; am 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 p.yments, 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 �,mount on or before March 31 st of the following fiscal year. WLMEN�� a. Marathon and MCSO,7,ih 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 Manthon's acceptance of them. A resolution of the Monroe County Board of County Commissioners, sponsored by the Sheriff and acknowledgirw the -ve-v■ b. If the parties are unable to agree on payments for future Vears on a tin "el-, basis.. then and in that of the then current Contract period. 19-Traffic fines and forfeitures: The parties acknowledge Marathon's entitlement to fines and forfeitur pursuant to §318.21, Fla. Stat (2002), as from time to time amend( i 2-Florida Contraband Forfeiture Act proceeds: Rage 9 of 13 Contract for LA)cal Police Scrvices- FY 2012-2015 The parties shalt determine an equitable share for Marathon of proceeds of any forfeiture, from which MCSO successfully forfeits cash or property exceeding $10 000.QQjutsuant to the Florida Contraband Forfeiture Ac(-avwr-zffwwvn*GWT*w� participation of officers of the Marathon District. This share will be based upon thi ratio that the Marathon District's participation bears to the participation of all law enforcement agencies participating in the criminal case, seizzure, 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 fimds consistent with the limitations of the Contraband Forfeiture Act 1he 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 ordispose 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 marketvalue of the property less hens, mortgages, encumbrances and MCSO's costs of seizure and forfeiture. In both cases, the allocated share shall be earmarked for use by MCSO within Maratlion. 21-Station facilities and office expense: MCSO will provide station facilities for the Marathon District. Marathonagrees 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. -Amy 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. MCS0 may direct Marathon District officers to render aid in either case in a manner consistent with the deployment by MCSO of other MCS0 Page 10 of 13 Contract for Local Police Sefirices- FY 2012-2015 o fficers without firtancial set-off or deduction by Marathon. The Manager will be , ossible notice of such det-glorAment and written r. 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 case of reference only and are not dispositive in the interpretation of Contract language, 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 thi�! Contract or any portion thereof. Page 11 of 13 Contract for Local Police Services- FY 2012-20'U :30 Agreed to on 1COF/ - ----- 42012. Monroe County Sheriff's Office MONROE p By: Sheriff Robert P Peryamm DATE} ME E A L A, TTEST: Page 12 of 13 Contract for Local Police services- FY 2012-2015 Monroe County Sheriff's Office and the City of Marathon "SHERIFF'S OFFICE AS TO FORM: mm BOARD OF COUNTY COMMISIONERS OF MONROE COUNTY, FLORIDA By--� car/Chairperson Z)4,-,vj-O! P. tiet'c-c— Attest: DANNY L.KOLHAGE, CLERK OF COURT By Deputy Clerk S E A L MONROE COUNTY ATTORNEY 4 0 �C Y N �TH ASSISTANT COUNTY ATTORNEY Date 8 — w— QD1 -, Page 13 of 13 Contract for Local Police Senices- FY 2012-2015 ............ EXHIBIT A Updated by: kny Nes-AHn A Llso Knovues. - 413AM2 (via) BUDGET- MARATHON 2 YEAR COMPARISON FOR FYE 2012 TO PYE 2013 ADOPTED PROPOSED BUDGET BUDGET DI FYE 2012 FYE 2013 R �(-) Fleadcourd 16 15 Examuhm Sawry RegularAdarfas 783,627 805.874 2ZO47 Overuffle 33,106 33,106 inowilve 8,120 fi,gam INK) EmpnowwTumes 62,948 54,099 11761 Refinement Con sin 115,883 125,171 9,309 Tood Pommel SorOces 1,001, 1,035,810 33,947 UKVR:RQ plawsbami Servasms 1,400 1,400 Other contractual Sarroaff 960 goo Tra"i A Per Down 1,300 1'em Commuruslabons (ToMphorms) 10,000 10,000 - Message so 60 USSR, serAmm, Robads - - Insursm" $7,396 37,390 Replem & Maintedience 46,026 48.A2a Durable Offese supplies C260 8,250 CAM"Who supplies 76,380 78,WC Traininip 4,603 ToMl Operating aoponses; 185,110 185,110 AuWuwUkm44wAIrmyffiquip. 78,108, 781 Tons Centhal Ouday 70,M TOTAL SHERNIPS BUDGET 1,262,882 COUNT'Y COSTS:* Health kummancam 132,720 132,720 workers componsation 34,381 34,381 County Allocation - Tobil County Exponsaw 167.101 !67.101 isas TOTAL BUD13ET 1,429,983 1 ---1-,463929 -33,447 10