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Item K1lrl Co of Mope �' ; c' � '� BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tern Sylvia J. Murphy, District 5 Fl IleOI1da Keys m �� u 1 , i zm Danny L. Kolhage, District 1 . �, George Neugenf District 2 Heather Carruthers, District 3 County Commission Meeting October 17, 2018 Agenda Item Number: K.1 Agenda Item Summary #4801 BULK ITEM: Yes DEPARTMENT: Sheriffs Office TIME APPROXIMATE: STAFF CONTACT: Patrick McCullah (305) 292 -7020 N/A AGENDA ITEM WORDING: Approval of the 2018 -2021 police services contract between the City of Marathon and Monroe County Sheriffs Office ITEM BACKGROUND: Contract for local police services PREVIOUS RELEVANT BOCC ACTION: The BOCC has approved a (3) year contract for local police services and the price revision for each contract year in the past. CONTRACT /AGREEMENT CHANGES: 2018 -2019 Marathon Local Police Services STAFF RECOMMENDATION: Approval DOCUMENTATION: 2018 -2021 FINANCIAL IMPACT: Effective Date: October 1, 2018 Expiration Date: September 30, 2021 Total Dollar Value of Contract: $1,799,261.00 (paid by City of Marathon) Total Cost to County: $0 (revenue producing for the Sheriff) Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes Grant: N/A County Match: N/A Insurance Required: Additional Details: If yes, amount: $1,799,261.00 10/01/18 149 -68611 -SHERIFF -MARATHON local police services $1,799,261.00 REVIEWED BY: Pedro Mercado Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed 10/01/2018 3:21 PM Completed 10/01/2018 3:43 PM Completed 10/01/2018 4:21 PM Completed 10/03/2018 8:21 AM Pending 10/17/2018 9:00 AM Contract for Local Police Services Monroe Cou nty Sheriff's Office and the City of Marathon FY 2018-2021 il Page 1 of 13 Contract for Local Pofice Services- FY 2018-2021 «w 2 .................. . "1 . 1 1 11 - , Contract for Local Police Services Monroe County Sheriffs Office and the City of Marathon FY 2018-2021 1-Purpose: ............................................................................................................ 4 2-Parties: .............................................................................................................. 4 3-Term . ................................................................................................................ 4 5-Other services: ................................................................................................. 5 6-Assignment of personnel and selection of District Captain ......................... 5 8-Complaints regarding officers: ......................................... ............................. 6 9-Resnonsibilitv for ultimate control: ............................. ....... ........................... M 10 -Attention to needs of Marathon: ................................................................... Ed 11-Officers n o t e mployees or agents of the City: ............................................... 7 12-Enforcement of municipal ordinances: ........................................................ 7 13-Legal claims, notices of suit, and lawsuits: .................................................. 7 15-Contract cost and payment: ........................................................................... 8 16-Cost reports and cost/Contract Price options: ............................................. 9 17 -Year-end reconciliation: ................................................................................. 9 ZI Page 2 of 13 Coattact for Local Police Services- FY 2018-2021 Monroe County She dWs 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:.............................. ..............................1 22-Law enforcement education assessme-viz -- ------------------ =m 23-Mutual aid: .................................................................................................... 10 24-Paragraph headings not dispositive . ............................................................ 11 =207E=, ;on against drafter: ................................... ........... 11 q ZI Page 3 of 13 Contract for Local Police Services- FY 2018-2021 Monroe County SheriWs Office and the City of Marathon Contract for Local Police Services Monroe County Sheriffs Office and the City of Marathon FY 20 021 2-Parties: The parties to this Contract are Marathon and MCSO. Any comraul-Acadon required to be provided by either party may be directed to: City of Marathon Chuck Lindsey Telephone: (305) 743-0033 Vacs' e: (305) 743-3667 ZI Rm Page 4 of 13 Contract for Local Police Services- FY 2018-2021 Monme County Sheriff's Office and the City of Marathon 4-Sc1 pe of purchased services: MCSO will provide professional police road patrol service throughout Marathon. Service will be provided a contingent (the "Marathon Districe� consisting of-. L� = OEM= Mill Cal 3 P-MI I The Captain shall attend any meetings that the Manager shall reasonably request, e.g. those of the City Council. W�� = 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 Page 5 of 13 Contract for Local Police Services FY 2018 Monroe County SheriTs Office and the City of Marathon s. 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. Consistent with the City charter, no ejected 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 Page 6 of 13 Contract for Local Police services - FY 2018-2021 Monroe County Sherffs Office and the City of Marathon 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. WWTRNR�'�� C4 The parties shall provide each other with complete and prompt notification W MCSO, as a political sub 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 clairns 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 tortuous acts. Page 7 of 13 Contract for Local Police Services- FY 2DI8-2021 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 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. AZLL= a. Marathon agrees to pay for services, equipment, and supplies provided during the first year of this Contract (10/01 /2018-09/30-2019) 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, 2018. Thereafter, Marathon shall pay One/Twelfth of the total contract price no later than November 1, 2018 and on or before the first day of each succeeding month until the total contract price is paid. f. All vehicles paid for by City vA 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 13 Contract for Local Police Services - FY 2018-2021 Monroe County Sheriff's Office and the City of Marathon 16-Cost rep• rts/ Contract Price options: MCSO will provide Marathon monthly financial reports showing all costs mcurrecLbv 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; am Marathon may issue a written commitment to MCSO to pay for additional services as agreed to by Marathon and MCSO. timely basis, then and in that event this Contract shall terminate on September 30th of the then current Contract period. The parties acknowledge Marathon's entitlement to fines and forfeitures pursuant to 9318.21, Fla. Stat. (2002), as from time to time amended. Page 9 of 13 Contract for Local Police Servicee- FY 201&2021 Monroe County SheriTs 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 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 Sheriffs 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 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 Marathon. 21-Station facilities and office expense: MCSO will provide station facilities for the Marathon District. 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 tender 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 2018-2021 Monroe County SherifPs Office and the City of Marathon officers without financial set-off or deduction by Marathon. The Manager will be given all possible notice • such deployment and written reports • the actions • 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 the interpretation of Contract language, I MMMIMM ZI Page 11 of 13 Contract for Local Police Services- FY 2018-2021 Monroe County Sheriffs Office and the City of Marathon Agreed to on _ 9 2018. 5 c A L City of Marathon By: Mayor ATTEST: Nk- City Clerk Z I Page 12 of 13 Contract for I ocA Police Services - FY 2018 -2021 Monme County ShedfPs Office and the City of Marathon I ; fell OR I • I j BY Mayor/ Chairperson Attest:, KEVIN MADOK CLERK OF COURT By Clerk 5 F A L il Page 13 of 13 Contract for Focal Police Services- FY 2018-2021 Monroe County Sheriffs Office and the City of Marathon Evk,Lc� A 30- May -18 Updated by. Lba Knowles .3115/18 v3 BUDGET - MARATHON 2 YEAR COMPARISON FOR FYE 2018 TO FYE 2019 a a a a i r 10 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FYE 2018 FYE 20 + DR ( -) PERSONNEL SERVICES Headcount 15 15 Executive Salary RegularSalarles 856,063 920,057 63,994 Overtime 39,532 40,362 830 Incentive 8,040 9,360 1,320 Employer Taxes 69,128 74,188 5,060 Retirement Contr"on 205,591 220,818 15,226 We & Health Insurance 1,400 1,400 Unemployment Compensation _ Total Personnel Service 1,179,754 1,266,186 86,432 OPERATING EXPENSES Expenses Other Than Salaries Professional Services 3,700 3,700 Other Contractual Services 350 350 Investigations _ Travel & Per Diem 2,000 2,001) Communications 8,000 6,000 Freight & Postage 200 200 Utility Services Rentals Insurance 27,450 27,450 Repairs & Maintenance 43,000 43,000 Printing Advertising Office Supplies 2,300 2,3D0 Operating Supplies 94,110 94,110 Books/Subscrip0ons/Mem bars hips Tuition Training 4,ODO 4,000 Total Operating Expenses 165,110 185,1 CAPITAL OUTLAY Other Building Improvements _ Automobiles/Machinery/Equip. 126,108 12 6,108 Total Capital Outlay 126,108 126,108 OTHER USES Aids to Government Agencies Aids to Private Organizations Intragovemmentai Transfers Total Other Uses TOTAL SHERIFF'S BUDGET 1,490,972 1,577,404 86,432 COUNTY COSTS:' Health Insurances 185,191 185,191 - Worker's Compensation 35,329 36,665 1,336 County Allocation _ Total County Expenses 220,62D 221,857 f ,336 *Estimates TOTAL BUDGET 1.711,493 1,799,261 87,768 a a a a i r 10