Item L2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2011 Division: Monroe County Sheriffs Office
Bulk Item: Yes X No _ Department: Legal
Staff Contact Person/Phone #: Attorney Patrick McCullah / 292-7020
AGENDA ITEM WORDING:
Amendment to the Municipal Police Service Contract with the City of Marathon, the Monroe County Sheriffs
Office and the BOCC.
ITEM BACKGROUND:
This amendment revises the contract pricing for the City of Marathon
PREVIOUS RELEVANT BOCC ACTION:
Contracts for prior periods have been approved by the Board of County Commissioners.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST $1,429,983.00 INDIRECT COST: BUDGETED: Yes X No _
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: $0.00 (see In -Kind Match explanation under item background)
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year _$306K
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: included X Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Sheriff
Contract #
Effective Date: 10/01/2011
Expiration Date: 09/30/2012
Contract Purpose/Description:
This amendment revises the contract pricing
for the CjV of Marathon
Contract Manager: Patrick McCullah
(Name)
292-7020 Monroe County Sheriffs Office
(Ext.) (Department/Stop #)
for BOCC meeting on Sept 21, 2011
Agenda Deadline: Sept 6, 2011
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,429,983.0 Current Year Portion: $
0 _
Budgeted? Yes® No ❑ Account Codes: -
Grant: $ 0.00 - - -
County Match: $ 0.00 - - - -.
ADDITIONAL COSTS
Estimated Ongoing Costs: $0.00/yr For:
(Not included in dollar value above) (e . maintenance, utilities, janitorial, s,
Division Director
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
CONTRACT REVIEW
etc.
Changes Date Out
Da)e In Needed er
9 1J Yes❑ NoW
Yes❑ No❑
Yes❑ No❑
Yeso No❑
JMB Form Revised 2/27/01 MUP # 2
FIRST AMENDMENT TO CONTRACT FOR LOCAL POLICE SERVICES
This First Amendment to Contract for Local Police Service between the City of
Marathon, Monroe County Sheriff's Office, and Monroe County, is made and entered
into as of 2011 by and between the City of Marathon, a municipal
corporation of the State of Florida ("Marathon" or the "City"), 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").
WHEREAS, In October 2009 the City entered into a three year Contract with
Monroe County Sheriff's Office and Monroe County to provide Local Police Services
(the "Contract"), a copy of the Contract is attached as Exhibit "1"; and
WHEREAS, pursuant to Section 18(a) of the Contract, compensation for Local
Police Services for each fiscal year shall be set by amendment to the Contract; and
WHEREAS, the City desires to amend the Contract to set the compensation
for Fiscal Year 2011-12 (the "First Amendment").
NOW THEREFORE, in consideration of the mutual covenants set forth in this
First Amendment, the parties agree as follows:
Section 1. Amendment to Agreement. Section 15 of the Contract is
amended to read as follows:
15. Contract Cost and Payment:
a. Marathon agrees to pay the sum of $1,429,983.00 (One Million Four
Hundred and Twenty Nine Thousand Nine Hundred Eighty Three Dollars) for services,
equipment and supplies provided during the second year of this Contract (10/1/2011-
9/30/2012). 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, 2010. Thereafter Marathon shall pay
Page 1 of 4
One/Twelfth of the total contract price no later than November 1, 2010 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.
d. 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 then current vehicle replacement policy of MCSO.
Section 2. 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
first above written.
SIGNATURE PAGE FOLLOWS
Page 2 of 4
(SEAL)
City of Marathon:
By:
Mayor
Date:
Attest:
By:
City Clerk
Date:
Approved as to form and legal sufficiency:
I�
City Attorney
Date:
Page 3 of 4
MONROE ZCLNTSIHERIFF'S OFFICE:
By:
Robert P..Peryam/, Sheriff
Date: jex�0�! l
Monroe County Sheriff's Office
Approved as to form
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
m-
Mayor / Chairperson
Date:
Attest: Danny L. Kolhage, Clerk of Court
Date:
Deputy Clerk
(SEAL)
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
County Attorney
Page 4 of 4
26-May-11
Updated by AH 5-26-11 (04)
BUDGET -MARATHON
2 YEAR COMPARISON FOR FYE 2011 TO FYE 2012
ADOPTED
PROPOSED
BUDGET
BUDGET
DIFFERENCE
FYE 2011
FYE 2012
+ OR (-)
PERSONAL CRVICEA
--
Headcouni
15
15
Regular Salaries
778,810
783,627
4,817
Overtime
33,106
33,106
-
Incentive
6,720
6,120
(600)
Employer Taxes
62,626
62,948
323
Retirement Contribution
164,602
115,863
(48,739)
Total Personal Services
1,045,863
1,001,664
(44,199)
OPERATING EXPENSES
Expenses Other Than Salaries
-
-
Professional Services
1,400
1,400
Other Contractual Services
960
960
Investigations
-
-
Travel & Per Diem
1,300
1,300
Communications (Telephones)
10,000
10,000
Postage
50
50
-
UtIlty Services
-
-
Rentals
-
-
Insurance
37,396
37,396
-
Repairs & Maintenance
44,200
46,828
2,628
Printing
'
Office Supplies
6,250
6,250
-
Operating Supplies
76,380
76,380
-
Training
4,546
4,546
-
Total Operating Expenses
182,482
185,110
2,628
CAPITAL OUILAY
Other Building Improvements
Automobiles/MachlnerytEquip.
Total Capltal Outlay
CONTINGENCY
TOTAL SHERIFF'S BUDGET
COUNTY COSTS'.*
Health Insurances
Workers Compensation
County Allocation
Total County Expenses
*Estimates
TOTAL BUDGET
. 70,108
70,108
1,298,453
132,720
34,381
167,101
76,108
78,108
1,262,882
132,720
34,381
167,101
6,000
6,000
(35,571)
1,465.554 1,429,983 (35,571)
10
EXHIBIT "'I"
Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2010-2012
Page 1 of 13
Contract for Local Police Services- FY 2010-2012
Monroe County Shetift's Ofiicc and the City of Marathon
Contract for Local Police Services
Monxoe County Sheriff's Office and the City of Marathon
FY 2010-2012
Table of Contents
4
1-Purpose: ...........................................................................
4
2-Parties:..............................................................................................................
3-Term: ....................................................................... **** ...................................5
4-Scope of purchased services; ...........................................................................
5
6
5-0ther services: .............................................................. 1-1 ........
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:....................................................4............
8
10-Attention to needs of Marathon: ................................................... ! ...............
8
11-officers not employees or agents of the City :...............................................
8
12-Enforcement of municipal ordinances:....................................................... 9
13-Legal claims, notices of slut, and lawsuits :.................................................. 9
14-Uniforms and marking of patrol vehicles: ....................................................
9
9
15-Contract cost and payment: ....................................................................... 1—
16-Cost reports and cost/Contract Price options:.... .............. I.........................10
10
17-Year-end reconciliation; ................................................................................
Page 2 of 13
Contract for Local Police Services- FY 2010-2012
Monroe County Shedffs Once and the City of Mgrathoo
18-Future yearpricing: ........................................10
19-Traffic fines and forfeitures:.........................................................................10
20-Florida Contraband Forfeiture Act proceeds : ...............................................
11
11
21-Station facilities and office expense: ............................................................
11
22-Law enforcement education assessments: ...................................................
11
23-Mutual aid: .............................................................. I ......................................
24-Paragraph headings not dispositive:............................................................12
25-No presumption against drafter:..................................................................12
Page 3 of 13
Contract for Local police Services- FY 2010-2012
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 2010-2012
1-Purpose:
The City of Marathon, a Florida municipality ("Marathon" or the "Ciq-'�:
and the Monroe County Sheriff's C)ffice ("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 MCSO. 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
MCSO
Sheriff Robert P. Peryam
5525 College Road
Key West, Florida 33040
Telephone: (305) 292-7001
Facsimile: (305) 2924070
Monroe County
County Administrator Roman Gastesi
1100 Sunonton Street
Key West, Florida 33040
(305) 292-4441
(305) 292-4544
Page 4 of 13
Contract for Local Police services- FY 2010-2072
Monroe County Sheriff's Office and the Cloy of Marathon
3-Terrn:
The term of this Contract begins October 1, 2009 and ends September 30,
2012.
4-Scope of purchased services:
\1CS0 will provide professional police road patrol service throughout
Nharadnon. 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
even, 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 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,
trai -dng and family and medical leave. The Captain will make all reasonable efforts
to coordinate training, sick, annual, and administrative leave to provide optimum
sen-ice to Marathon. If, despite these efforts, a shift remains unfilled, the Captain
shall notiiif 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 die officer's
tour of duty.
Page 5 of 13
Contract for local Police Services- PY 2010-2012
Monroe County Shefdre office and the City of Marathon
-Requesting that an officer fi:orn outside the Marathon District be hired io
\work on a special detail. In dlis c<<se, Marathon will pay the prevallhig 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 tither
meetings as the manager shall reasonably request, e.g. those of the City Council.
5-Other services:
,.kpart from this Contract, -.%l(".SO shall also proiride 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
-Corrntnunity policing specialists
-Crime scene senrices
-Criminal analyst sen ices
-Dive team
-Environmental officers
-Finance
-Hostage negotiation
-Human resources
-Inforrwtion technology
-Internal investigations
-juvenile officers
Page b of 13
Contract for Local Police Services- FY 2010-2012
Monroe County SheriirS Office and the City of Marathon
\lajor crimes detective and investigative serlices, ii-icluding homicide, arson,
sexual crimes, child abuse and neglect, narcotics and coordination of regional,
statewide, and national investigation
-Neighborhood and business Crone Watches
-Police canine
-police dispatch, including 911 services
-Police legal ad-%isor
-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:
xj(CSO recognizes the desire of Marathon that the M Irathon 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 VICSO to treat all of officers
fairly- concerning requests for transfer and career ad-,-ancemerit, and to maintain
order and discipline. MCSO shall endeavor to establish and maintain a stable
contingent in the Nfarathon District.
The City Managet will play an integral part in the selection of officers for
assigizmcnt to and promotion within the Marathon District.. fhc Manager will he
Page 7 of 13
Contra" for Local Police Services- FY 2010-2012
Monroe County Sheriff's office and the City of Maradion
given the opportunity to review personnel files, training records, and disciplinary
record of these officers and be a member of their selection and promotional hoards.
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 befom making his decision.
8-Complaints regarding officers:
MCSO is committed to maintaining a high standard of professionalism for aU
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, adznse 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 Undetsheriff.
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 incddent 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 Cite
will be given through the Manager in accordance Nvirh the terms of this Contract.
10-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
N'fanager 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.
It -Officers not employees or agents of the City:
U 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 sen ice, worker's compensation pay or other benefits.
Page 8 of 13
Contract for Local Police Services- FY 2010-2012
Monroe County Sheriffs office and the City of Marathon
.\.ICSO officers are not agents or employees of the City, and will not have the
auuhority to enter into agreements or make policy on behalf of the City.
12-Enforcement of municipal ordinances:
F, Yery member of the Marathon District will be authorized under Florida law
to enforce tale criminal municipal ordinances of lviarathon. tilarathon agrees to
plol,ide \ [cSO sic 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
re,. iew and discussion with City officials and their advisors_ MCSO will provide City
officials advice from a practical law enforcement perspective concerting 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 die provision of services
hereunder, and shall cooperate in the mutual defense of any such claims.
14-Uniforms and marldng of patrol vehicles:
MCSO shall ensure that every member of the Marathon District is provided
with a marked patrol vehicle and uniforms.
15-Contract cost and payment:
a. Marathon agrees to pay the sum of $1,511,561 (One Million 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. IN1CSO will provide a fully marked and properly equipped police
Vehicle for each member of the Marathon District. MarathotZ will pay all monthly
N-ehicle 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.
d. In future Contract years, Marathon will pay' the costs of acquiring
replacetnenr vehicles for the Marathon District. MCSO will replace the Marathon
Page 9 of 13
Contract for Local Police services- FY 2010-2012
Monroe County sheriff's Office and the City of Marathon
-'!ehicles according to the terms of the then current vehicle replacement police of
NICSO.
16-Cost reports/Contract Price options:
MCSO will provide Marathon monthly financial reports'show-ing all costs
incurred by MCSO and Monroe County to provide sen ices Linder 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 casts ,%rill be reconciled with total
payments made by Marathon. 41CSO 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, MI CSO will reimburse
Marathon for the excess payment amount.
18-Future year pricing:
a. Marathon and MCSO will negotiate payment for the second and third
Sears 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
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 30d,
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.
Page 10 of 13
Contract For Local Police Service&- FY 2010-2012
Monroe County Sheriff's Office and the City of Marathon
20-Florida Contraband Forfeiture Act proceeds:
The parties shall determine an equitable sbare for iViarathon 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 thar. the Marathon Districes.participation bears to the participation of all
law enforcement agencies participating in the criminal case, seizure, and subsequent
forfeiture. Tl-is share shalt be deposited by MCSO in the Sheriff's Law
Enforcement Trust Fund for the Sheriff's use in Marathon. Marad-ion 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, 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:
N' 4CSO will provide station facilities for the Marathon District.
22-Law enforcement education assessments:
N-larathon agrees to promptly remit to MCSO all monies currently 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 law. Any new assessments enacted by the City
for law enforcement training purposes will be shared between NICSO and the City
for the proposes 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,
Kee Colony Beach, Layton, the Ocean Reef Public Safetl, District, unincorporated
Monroe County and any municipalities incorporated in ;Monroe County after the
effective date of this Contract) pursuant to the Florida Mutual _did Act and in the
event of carastrophe. 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 financial set-off or deduction by Marathon. The Manager will be
Page 11 of 13
Contract for Locaa Police Services- FY 201D72012
Monroe County Sheriff's Office and the City of Marathon
given all possible notice of such deployment and written reports of the actions of
officers so deployed.
24-Paragraph headings not dispositive:
�" vlThe parti`cs_ agree that the headings given the paragraphs and other
sul3disions of tivs Contract are for ease of reference otily and are not dispositiVe ill
the interpretation of Contract language.
25-No presumption against drafter:
The parties agree that this Concract has been freely negotiated by both
parties, and that, in any dispute olkrer dze 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
Page 12 of 13
Contract for Local Police SeMces- FY 2010-2012
Monroe County Sheriffs Office and the City of Marlthon
Agreed to on , 2009.
Monroe County Sheriff's Office
-1 0*;�2' -
B '� "
y
Sheriff Ro� -bert P. Peryam
S E A
City of Marathon
By:
Mayor
ATTEST:
City Clerk
BOARD OF COUNTY COMMISIONERS OF
MONROE COUNTY, FLORIDA
By
Mayot/Chairperson
Attest: DANNY L.KOLHAGE,
CLERK OF COURT
By
Deputy Clerk
S E A L
MONROE COUNTY SERF F'S'OFFICE
APPROVEDT,
MANIC L. WILLIS
ENERAL COUNSEL
DATE:
Page 13 of 13
Contract for Local police Services- FY 2010-2012
Monroe Cottnty Sheriffs Office and the City of Marathon