FY2003 10/16/2002
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUlTE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
January 30,2003
TO:
Sheriff Richard D. Roth
Monroe County Sheriffs Office
FROM:
Annette Barrios, Executive Assistant
Legal Division
Pamela G. Hanc~
Deputy Clerk 0
A TTN:
At the October 16, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement for Police Services between Monroe County,
Monroe County Sheriff's Office and the City of Marathon for FY 2003 local road patrol law
enforcement service.
Enclosed are two duplicate originals of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
Cc: County Administrator wlo document
County Attorney
Finance
File /
AGREEMENT BY AND BETWEEN
THE SHERIFF OF MONROE COUNTY. FLORIDA.
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
THE CITY OF MARATHON
FOR POLICE SERVICES
THIS AGREEMENT, by and between the CITY OF MARATHON, a municipal
corporation organized as existing under the laws of the State of Florida,
(hereinafter referred to as "CITY"), and the Monroe County Sheriff's Office
(hereinafter referred to collectively as "MCSO"), and the Monroe County Board of
County Commissioners.
WITNESSETH:
WHEREAS, the CITY is desirous of maintaining a high level of competent
professional police service in conjunction and harmony with its fiscal policies of
sound, economical management, and
WHEREAS, MCSO has agreed to render to the CITY a continuing high level of
professional police service, and the CITY is desirous of Agreeing to receive such
services based upon the terms and conditions hereinafter set forth,
WHEREAS, the CITY is desirous of providing its daily police service through
an Agreement with MCSO.
NOW THEREFORE, in consideration of the sums hereinafter set forth and for
other good and valuable considerations, the receipt and legal sufficiency of which
are hereby acknowledged, it is hereby agreed as follows:
ARTICLE I
POLICE SERVICES
MCSO shall provide to CITY for the term hereinafter set forth, as the same
may be extended in accordance with the provisions throughout the corporate
limits of CITY to the extent and in the manner hereinafter described.
1.1 For the purposes of this Agreement, the following terms shall have the
respective meanings hereinafter set forth:
1.1.1 Patrol Unit A patrol unit shall be defined to mean one marked patrol
car with one uniformed Deputy Sheriff and all standard support equipment.
1.1.2 Marathon District shall mean within the Municipal boundaries of the
City Of Marathon.
1.1.3 Service shall mean comprehensive police protection provided each day
of the year on a twenty-four (24) hour per day basis
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1.1.4 Shift shall mean and include service provided on a 12 hour basis
(except supervisors may be assigned as needed). Unless revised by mutual
agreement of the parties, the commencement hour of any shift shall be determined
and established from time to time by MCSO.
1.1.5 City Chief assigned to the City of Marathon to serve as liaison between
MCSO and the City of Marathon. It is understood that the City Chief functions as a
MCSO regional officer.
1.1.6 Unforeseen Catastrophic Event shall mean an occurrence that was not
previously contemplated by the parties, such as natural disasters and civil unrest,
which requires immediate attention utilizing personnel resources of the MCSO.
1.2 Commencing October 1, 2002, the staffing structure of the Marathon
District will be as follows:
01 - City Chief (refer to section 1.1.6 )
04 - Sergeants
09 - Deputies
14 - TOTAL MARATHON PERSONNEL
I n order to insure that the services are provided under this agreement, the
City Chief will provide the City Manager with reports requested by the City Manager,
including but not limited to planned schedules and daily reports which include the
names and hours worked of every member of the Marathon District.
1.2.1 The parties recognize that a law enforcement agency requires
flexibility in order to meet society's challenge to combat crime and other social
conditions. Therefore, the City Chief or his designee shall have the discretion to
determine patrol staffing levels and assignments for the above stated personnel to
provide adequate police services to the CITY consistent with the spirit and intent
of this Agreement.
1.2.2 Utilizing the staffing structure as provided in Section 1.2 above, the
City Chief will provide the CITY with a total of (3.5) deputies and (1.5) sergeants
during a (24) twenty four hour period based upon MCSO's (28) day staffing cycle.
Schedules for personnel assigned to specialized functions will be scheduled at the
discretion of the City Chief in consultation with the City Manager in order to achieve
maximum effectiveness.
1.2.3 The staffing plan for this Agreement has been developed using a 5.21
staffing ratio. This ratio is used to plan the proper number of deputies and
sergeants to maintain shift coverage considering planned and unplanned absences
due to injury illness, vacation, training and family and medical leave. The City Chief
will make all reasonable efforts to coordinate training, sick, annual and
administrative leave to provide optimum service to the City of Marathon
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1.3 The uniform patrol force shall respond to and render aid in life saving
and in-progress crime scenes, and is required to provide an average response time
equal to or better than historical averages over the last 5 years. The time shall be
measured from the incoming time of the call to the time an officer arrives on the
scene of the emergency call. While responding to emergency calls, MCSO shall
maintain safe operations.
1.4 The uniformed patrol units shall provide vacation-house-check services
and premises surveillance not less than once during each twenty-four (24) hour
period, for each resident of the CITY who registers for such service, with the
exception of staffing shortages, unforeseen catastrophic events, and emergencies
which effect the life, health and safety of all served in Marathon. If a staffing
shortage should arise, the Marathon City Chief shall insure the immediate
resumption of vacation-house-check services and premises surveillance once the
staffing shortages have been addressed. MCSO City Chief shall provide a written
report consisting of a listing of each resident that did not receive the vacation-
house-check services and premises surveillance within the 24 hour period.
Included within this report shall be an explanation of the inability to conduct this
service within the prescribed 24 hour period. The uniformed patrol unit shall
provide a high profile presence in both residential and business areas. Vacation-
house-check services and premises surveillance reports shall be provided to the City
Manager on a weekly basis.
1.5 At the request of the City Manager, one uniformed Deputy Sheriff shall
be available to attend each regular and special City Council meeting at no additional
cost to the City. This uniformed officer shall come from the staffing structure
provided for in section 1.2. In addition, the City Chief or his/her designee shall
attend such other meetings as may be requested by the City Manager.
1.6 At the discretion of the City Manager, a Criminal Investigations Unit
shall be established to conduct the necessary investigations of criminal activity
within the CITY. The District Criminal Investigations Unit is a specialized assignment
within the CITY for particular investigations where and as the need for it requires.
The Unit shall not operate in the traditional shift structure. The Criminal
I nvestigative Unit shall be comprised of two (2) deputy sheriffs from the staffing
structure described in Paragraph 1.2. The deputies assigned to this Unit shall
handle criminal investigations not handled by the Central Criminal Investigations
Unit.
1.7 The MCSO shall provide such professional police services which shall
encompass all those duties and functions of the type coming within the jurisdiction
of and customarily rendered by municipal police departments and the Office of the
Monroe County Sheriff, in accordance with the Charter of the CITY and the statutes
of the State of Florida. Nothing herein is intended to usurp the authority of the
MCSO policies and procedures. In addition, nothing herein is intended to usurp the
authority of the CITY, its policies, procedures and Charter.
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1.8. MCSO shall provide such municipal policing services for the
compensation outlined in this Agreement, and as provided in Article I, with the
exception of those services enumerated in Article X of this Agreement.
ARTICLE II
ANCILLARY SERVICES
2.1 MCSO shall also provide the following services to the City of 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
Civi I process
Community policing specialists
Crime scene services
Criminal analyst services
Dive team
Disaster/Hurricane Emergency Coordination and Response
Environmental officers
Finance
Hostage negotiation
Human resources
I nformation tech nology
Internal investigations
Juvenile officers
Major crimes detective and investigative services, including
homicide, arson, sexual crimes, child abuse and neglect, narcotics
and coordination of regional, statewide, and national investigation.
Neighborhood and business Crime Watches
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Police canine
Police dispatch, including 911 services
Police legal advisor
Prisoner detention and transport
Property and evidence
Public information's officer
Records
Regional administration
School crossing guards
School resource officers and DARE instructors
SWAT team
Traffic unit
Training
ARTICLE III
MAINTENANCE OF' ABILITY
3.1 MCSO shall furnish to and maintain for the benefit of the CITY,
without additional cost therefor, all necessary labor, supervision, equipment,
vehicles, communication facilities and supplies necessary and proper for the
purpose of performing the services, duties and responsibilities set forth and
contemplated herein and as necessary to maintain the level of service to be
rendered thereunder.
3.2 MCSO shall ensure that every member of the Marathon District is
provided with a marked patrol vehicle and uniforms marked as described on the
attached Exhibit B. Moreover, MCSO shall ensure that every member of the
Marathon District is provided with the appropriate patch or rocker which clearly
identifies the officer as City of Marathon. The Sheriff and the City Manager shall
agree to which form of uniform identification is appropriate.
ARTICLE IV
ADDITIONAL SERVICES
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4.1 MCSO shall provide to the CITY, upon the request of the City
Manager and the availability of resources, such additional services as may from
time to time be needed at the discretion of the CITY. The cost of such services
shall be borne by the CITY and shall be payable in such amounts and in such a
manner as may be determined by mutual agreement, upon each occurrence, by
the City Manager.
ARTICLE V
EMPLOYMENT RESPONSIBILITY
5.1 All law enforcement officers, deputy sheriffs and other persons
employed by MCSO in the performance of such services, functions and
responsibilities as described and contemplated herein for the CITY shall be and
remain MCSO employees.
5.2 MCSO and Monroe County shall be responsible for all insurance
benefits, civil service benefits, compensation and/or other employee rights during
the course of employment with MCSO. Accordingly, the CITY shall not be called
upon to assume any liability for or direct payment of any salaries, wages,
contribution to pension funds, insurance premiums or payments, workers
compensation benefits under Chapter 441, F.S. or any other amenities of
employment to and MCSO personnel performing services, duties and responsibilities
hereunder for the benefit of said CITY and the residents thereof of any other
liabilities whatsoever, unless otherwise specifically provided herein. MCSO is, and
shall be in the performance of all work, services and activities under this Agreement,
an independent agent and not an employee, agent or servant of the CITY
ARTICLE VI
EMPLOYMENT: RIGHT OF' CONTROL
6.1 MCSO shall have and maintain the responsibility for and control of
the rendition of the services, the standards of performance, the discipline of
personnel and other matters incident to the performance of the services, duties
and responsibilities as described and contemplated herein.
6.2 The parties acknowledge that it is important for the City to have MCSO
personnel who are acquainted with the general make-up of the CITY and are familiar
with the geography, its industrial, business and residential composition, and its
crime problems.
6.3 The City Manager shall have the right to require MCSO to transfer up
to 20% of personnel, not to exceed 2 uniformed deputy sheriff(s), out of the City of
Marathon on an annual basis, for any reason whatsoever. The removal of officers
described in this section may be dependent upon a sufficient number of regional
officers/sergeants available. In addition the City Manager shall have the right to
remove additional uniformed deputy sheriff(s) from the Marathon District under the
terms of the removal procedures outlined in section 6.4 below.
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6.4 In the event the City Manager becomes dissatisfied with the
performance of the additional personnel assigned to the Marathon District by MCSO,
the City Manager shall provide written notice to the MCSO. Thereafter,
representatives of MCSO and the City shall meet to discuss possible remedies of the
problems experienced by the CITY. MCSO agrees to act in good faith in resolving any
problems experienced by the CITY, and MCSO agrees to transfer said personnel
within 35 days of notification by the CITY, and replacement personnel will be
assigned to the CITY in accordance with this Agreement.
6.5 The transfer of any additional personnel shall be only by a joint
agreement between MCSO and the City Manager. The rights of the City Manager
to transfer personnel out of the City of Marathon, pursuant to this paragraph and
section 6.3 and 6.4, do not include the Captain, which may be transferred by the
City Manager pursuant to Article XII.
6.6 The MCSO shall have the discretion to transfer or reassign any
personnel out of the City of Marathon for the following reasons:
1. Situations where a deputy/sergeant requests a transfer in order to
accept a promotion or special assignment which has been offered
to him or her by MCSO based upon his or her special education
qualifications or career path.
2. Disciplinary reasons.
3. Failure of a deputy/sergeant or employee to meet MCSO
performance standards.
4. At the request of the employee.
I n the event MCSO transfers or reassigns any deputy or employee for the above-
stated reasons, MCSO shall provide the City Manager with prompt written notice of
such transfer or reassignment and explain the basis of the reassignment.
6.7 In any case not specified above, the City Manager must concur prior
to any transfer of personnel out of the City of Marathon; which concurrence shall
not be unreasonably withheld.
6.8 With the exception of disciplinary transfers and resignations, any
personnel transferred or reassigned out of the CITY, pursuant to this Article, shall
not occur without first filling the vacated position, as authorized by the City Manager,
which shall not be unreasonably withheld. In the event of the disciplinary transfer
MCSO will make every effort possible to fill this position as to be consistent with
Article I.
ARTICLE VII
EMPLOYMENT: AUTHORITY TO ACT
The City does hereby vest in each sworn officer of MCSO who, from time to
time, may be assigned to the Marathon District of MCSO, to the extent allowed by
law, the police powers of the CITY which are necessary to implement and carry
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payments for the second year on a timely basis, then and in that event this
Agreement shall terminate on September 30th of the current Agreement period.
ARTICLE IX
FINES. FOREITURES/SEIZURES
9.1 All law enforcement education funds levied and collected by the
Clerk of the Court and earmarked for CITY pursuant to Section 943.25, Florida
Statutes, may be assigned over to The MARATON DISTRICT and used by the
MARATHON DISTRICT for the law enforcement education purposes authorized in
said statute. Apart from such funds, The MARATHON DISTRICT shall have no
claim or right to any other monies or things of value which CITY receives or may
hereinafter receive by way of entitlement programs, grants or otherwise in
connection with police or law enforcement activities.
9.2 CITY and MCSO do hereby acknowledge, one to the other, that
nothing contained herein shall in anyway be construed to impair the CITY's right
to the disposition of fines and forfeitures to which the CITY would be entitled,
pursuant to Section 316.660 Florida Statutes, as the same may be amended from
time to time, or as to net proceeds and forfeitures (as shown by actual costs
provided by the Sheriff to the City) arising under the sale or disposition of
unclaimed property or under any statutory or common law proceeding to which
the CITY would otherwise be entitled, except as limited herein.
9.3 MCSO agrees that any currency seized within the CITY, through
active participation of the Marathon District's personnel, pursuant to this
agreement and Chapter 932 of the Florida Statutes, and subsequently forfeited to
the MARATHON DISTRICT, shall be deposited into the City's Law Enforcement
Trust Fund established by the City of Marathon in an amount which represents the
Marathon District's share, as defined in paragraph 9.7, of such currency. Said
funds shall be and shall always remain in the ownership of the CITY and the
MARATHON DISTRICT shall not have any right to ownership and control of such
funds. During the term of this Agreement, such currency may be earmarked for
the MARATHON DISTRICT's use within the confines of the City, upon approval of
the CITY.
9.4 Upon concurrence of the City Chief and the City Manager, the
MARATHON DISTRICT may apply to the CITY for the use of such funds, within the
boundaries of the CITY, if such application is in compliance with Florida Statutes.
Said request shall first be submitted to the MCSO legal advisor for a
determination of the legality of the request. The MCSO legal advisor shall render
such opinion within 15 days of written request of the CITY. The MARATHON
DISTRICT agrees to submit such application to the City Council for appropriation
accompanied by a written certification that the request complies with the
provisions of 9932.7055 (4) Florida Statutes. Upon appropriation, such funds
shall be made available to the MARATHON DISTRICT for its designated use within
the confines of the City.
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forth the services, duties, and responsibilities imposed upon MCSO hereby, for the
sole and limited purpose of giving official and lawful status and validity to the
performance thereof by such sworn officers. Every sworn officer of MCSO so
empowered hereby and engaged in the performance of the services, duties and
responsibilities described and contemplated herein shall be deemed to be a sworn
officer of the CITY while performing such services, duties and responsibilities
which constitute municipal functions and are within the scope of this Service
Agreement. Accordingly, such sworn officers of MCSO are hereby vested with the
power to enforce the ordinances of the CITY, to make arrests incident to the
enforcement thereof and to do such other things and perform such other acts as
are necessary with respect thereto.
ARTICLE VIII
CONSIDERATION
8.1 The CITY shall pay 1/12 of the total contract price to the Clerk of
Court no later than October 15, 2002, and on the fifteenth day of every month
thereafter until the total contract price is paid. The total contract price is
$1,078,727.00.
8.1.1 Application of FY 2002 contract surplus: On or before September 30,
2002, MCSO will provide the City a written estimate of surplus funds remaining after
payment of the City's obligations under the previous contract between. The
estimated surplus will be credited against the October 2002 payment due MCSO.
The credit will be adjusted as necessary when the county's auditors complete their
audit of MCSO. Any adjustment will be made in the month after the audit is
finished.
8.2 The analysis of the total costs enumerated herein for MCSO to
provide municipal policing services in the City of Marathon, has been attached as
Exhibit 'A'. Any additional costs for municipal policing services may only be
approved by the City Manager and shall not exceed 5% ($53,936.35) of the
aforementioned Agreement amount of $1,078,727.00. Municipal Policing Service
levels shall not fall below those levels described in Article I with the exception of
those services provided in Article X and an unforeseen catastrophic event.
8.3 In the event the City requires municipal policing services beyond
those outlined within this agreement, the costs associated with this increased
service shall be consistent with those costs outlined in Exhibit 'A'.
8.4 If at the conclusion of each fiscal year of each term outlined in this
agreement, incurred costs are less than the total costs recited in this Agreement,
then the remaining balance as determined by MCSO external auditors shall be
carried forward for application in the next Fiscal Year.
8.5 The City of Marathon and MCSO will negotiate payment for the
second year of this Agreement in time sufficient for preparation of the City's
budget as well as the Sheriff's budget. If the parties are unable to agree on
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9.5 The parties agree that the decision to dispose of or use personal
property seized within the CITY through active participation of Marathon District
personnel shall be in the sole discretion of CITY. The MARATHON DISTRICT may
apply to CITY to use such personal property outside of the CITY, and, if approved
by the CITY, the MARATHON DISTRICT shall allocate funds to the City's Law
Enforcement Trust Fund equivalent to the Marathon district's share, as defined in
paragraph 9.7, of the mutually agreed upon fair market value of such personal
property less any lien on such property. In the event the MARATHON DISTRICT
decides to use such personal property within the CITY, such property will be used
within the CITY until the earlier of disposition of such property or termination of
this Agreement. In the event the property is disposed of prior to termination of
this Agreement, the MARATHON DISTRICT shall allocate the net proceeds from
said disposition to the City's Law Enforcement Trust Fund. In the event that this
Agreement is terminated prior to the disposition of the property, said property
shall be turned over to the CITY. During the term of this Agreement, such funds
shall be earmarked for the MARATHON DISTRICT's use within the confines of the
CITY.
9.6 The parties agree that the decision to use or dispose of real property
seized within the CITY, through active participation of Marathon personnel, and
subsequently forfeited to the MARATHON DISTRICT, shall be in the absolute and
sole discretion of the CITY. The MCSOI MARATHON DISTRICT may request the
CITY's approval to dispose of such real property, The MARATHON DISTRICT shall
allocate funds to the City's Law Enforcement Trust Fund equivalent to the
Marathon District's share, as defined in paragraph 9.7, of the mutually agreed
upon fair market value of such real property less any loans, mortgages, liens, or
any other encumbrance on such property. During the term of this Agreement,
such allocated funds shall be earmarked for the MARATHON DISTRICT's use
within the confines of the CITY. In the event the MARATHON DISTRICT decides to
use such real property and the property is subsequently disposed of prior to
termination of this Agreement, The MARATHON DISTRICT shall allocate the net
proceeds from said disposition to the City" Law Enforcement Trust Funds. During
the term of this Agreement, such funds shall be earmarked for the MARATHON
DISTRICT's use within the confines of the CITY.
9.7 The Marathon District's share shall be based upon the ratio that the
Marathon District's personnel's participation bears to the participation of all law
enforcement agencies' and units' participating in the seizure of the property.
9.8 MCSO shall, on a monthly basis, supply the CITY with a written
report of the above-descried fines and forfeitures. Such report (s) shall include a
description and estimate of value of properties seized under the laws of the State
of Florida, whether or not disposition thereof has been adjudicated. Moreover,
such report (s) shall be amended, from time to time, by reflecting the ultimate
disposition of property described in an earlier report (s), and such amendatory
report (s) shall be submitted to the CITY within ten (10) days of the ultimate
adjudication with regard to the seizure of such property.
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ARTICLE X
MUTUAL AID
10.1 The parties recognize their obligation to provide assistance to other
jurisdictions (including without limitation the Cities of Key West, Islamorada, Key
Colony Beach, Layton, the Ocean Reef Public Safety District and the municipalities
incorporated in Monroe County after the effective date of this Agreement)
pursuant to the Florida Mutual Aid Act and the event of catastrophe. MCSO may
direct officers assigned to Marathon to render aid in either case in a manner
consistent with the deployment by MCSO of other MCSO offices without financial
set.off or deduction by Marathon. Should the City of Marathon require assistance
pursuant to the Florida Mutual Aid Act and the event of catastrophe, MCSO shall
direct officers assigned outside the municipal boundaries of Marathon to render
aid in a manner consistent with the deployment by MCSO of other MCSO offices at
no additional cost to the City of Marathon. The City Manager will be given all
possible notice of such deployment and written reports of the actions of officers
so deployed.
ARTICLE XI
SPECIAL DETAILS
11.1 Any and all special details performed for the CITY shall be paid
based upon the terms and conditions of the CITY's permit filed with MCSO Special
Details Unit.
11.2 MCSO Marathon District personnel will be assigned to CITY Special
Event details within the City of Marathon, unless interested personnel from the
Marathon District cannot be identified. MCSO agrees that personnel assigned to
the Marathon District will be offered the opportunity to work special details so
designated by the City manager. The City Manager will use his/her best efforts to
notify the MCSO Special Detail Office in writing at least five (5) days prior to an
event in which Marathon District personnel are requested. All such personnel
shall be assigned by MCSO's Special Detail Office in accordance with MCSO's
policies and procedures and subject to approval of the City Manager.
11.3 MSCO shall continue to provide special details within the City, which
have been historically provided, at no extra cost to the City.
ARTICLE XII
CITY CHIEF
12.1 The City Chief shall, among other specified duties, act as liaison
between the CITY and MCSO.
12.2 The City Manager shall conduct quarterly evaluations of the City
Chief and this evaluation shall remain in the Chief's permanent personnel file. In
the event the City Manager becomes dissatisfied with the performance of the
District Chief, the CITY shall provide notification to MCSO. Thereafter,
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representatives of MCSO and the CITY shall meet to discuss possible remedies of
the problems experienced by the CITY. MCSO agrees to act in good faith in
resolving any problems experienced by the CITY. Should MCSO not be able to
resolve any problems experienced by the CITY, MCSO and the City Manager shall
agree to commence removal procedures of the City Chief. If the City Chief has
been replaced whether through removal, promotion, or any other reason, MCSO
shall provide a list of three (3) or more candidates to fill the position to the City
Manager and Monroe County Sheriff shall interview these candidates and jointly
approve the selection of the new City Chief.
12.3 The City Chief and City Manager will collectively be responsible for all
emergency management duties of the CITY
ARTICLE XIII
DISTRICT OFFICE
13.1 MCSO shall maintain a division headquarters in the CITY, which
division headquarters shall be referred to and known as "City of Marathon, Monroe
County Sheriff's Office". As of the date of the commencement of this agreement,
MCSO and the City of Marathon recognize that the Monroe County Sheriff's office in
the City of Marathon is currently located at 3130 Overseas Highway, Marathon,
Florida, which is owned by Monroe County.
13.2 MCSO shall maintain the District Office, in a clean condition, free from
debris, normal use excepted.
13.3. MCSO shall pay for all utility costs including, but not limited to,
telephone, electric, and water for the District Office.
13.4 CITY agrees to provide MCSO with access to the CITY's utilities
records, tax roll records, and any other records maintained by the CITY where access
would enable MCSO to investigate possible criminal activity and/or provide the
expected level of law enforcement service to the residents of the CITY
ARTICLE XIV
INSURANCE
MCSO shall maintain, in addition to those policies of insurance required and
contemplated in Article VI hereof, policies of liability, automobile, excess automobile,
in the amounts hereinafter described:
14.1 General Liability
$1,000,000/$2,000,000
$1,000,000/$2,000,000
14.2 Automobile Liability
14.3 MCSO shall maintain the respective policies of liability, automobile,
and excess automobile throughout the term of this Service Agreement, as the same
may be extended in accordance with the provisions hereof.
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14.4 MCSO shall provide CITY with a copy of current respective policies of
insurance required hereunder, and renewals thereof, in order that the CITY, through
the office of the City Clerk, may keep such copies on file for the benefit of the public
inspection of the citizens of the CITY. In the event MCSO maintains a self-insurance
fund, MCSO agrees to provide CITY with a Certificate of Insurance regarding such
funds.
14.5. The costs of all policies of insurance required hereunder shall be the
obligation of MCSO and Monroe County shall in no way be responsible therefor.
14.6 MCSO shall provide CITY with a Certificate of Insurance listing CITY as
a certificate holder for the respective insurance required hereunder.
14.7 Should any of the required insurance policies be modified before the
expiration date of this agreement, MCSO will provide at least thirty (30) days prior
written notice to the CITY.
14.8 MCSO reserves the right to provide the above.described insurance
through a self-insurance program.
14.9 CITY shall pay for and maintain its own comprehensive general liability
insurance or maintain a self-insuring fund for the term of this Agreement in the
amount determined by CITY to adequately insure the CITY's liability assumed herein,
but in no event shall such coverage be less than the amount of statutory waiver of
sovereign immunity. In the event such coverage is modified, in any regard, before the
expiration date of this agreement, CITY will provide at least thirty- (30) days prior
written notice to MCSO.
ARTICLE XV
HOLD HARMLESS
15.1 To the extent permitted by law, CITY shall indemnify defend, and hold
MCSO, its officials, agents, servants and employees, harmless from any and all
liability, actions, causes of action, suits, trespasses, damages, judgments,
executions, claims and demands of any kind whatsoever, in law or in equity, which
results from or arises out of the intentional or negligent acts or omissions of the
CITY, its employees, agents, or servants and the CITY shall indemnify the MCSO, its
officials, agents, servants and employees, for damages, judgments, claims, costs,
expenses, including reasonable attorney's fees, which MCSO, its officials, agents,
servants and employees, might suffer in connection with or as a result of the
intentional or negligent acts of the CITY, its employees, agents, or servants. For
purposes of this provision, CITY employees shall not be deemed agents or servants
of MCSO and MCSO employees shall not be deemed agents or servants of CITY.
15.2 To the extent permitted by law, MCSO shall indemnify, defend, and
hold CITY, its officials, agents, servants and employees, harmless from any and all
liability, actions, causes of action, suits, trespasses, damages, judgements,
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executions, claims and demands of any kind whatsoever, in law or in equity, which
results from or arises out of the intentional or negligent acts or omissions of MCSO,
its employees, agents, or servants and MCSO shall indemnify the CITY, its officials,
agents, servants and employees, for damages, judgements, claims, costs, expenses,
including reasonable attorney's fees, which CITY, its officials, agents, servants and
employees, might suffer in connection with or as a result of the intentional or
negligent acts of MCSO, its employees, agents, or servants. For purposes of this
provision, CITY employees shall not be deemed agents or servants of MCSO and
MCSO employees shall not be deemed agents or servants of CITY.
ARTICLE XVI
INDEPENDENT CONTRACTOR
MCSO, for the purposes of this Service Agreement, is and shall remain an
I ndependent Contractor; provided, however, such I ndependent Contractor status
shall not diminish the power and authority vested in MCSO and its sworn officers
pursuant to Article VIII.
ARTICLE XVII
TERM
This Service Agreement shall remain in full force and effect commencing
October 1, 2002 and ending September 30, 2003, all dates inclusive, unless this
Service Agreement be otherwise extended or terminated in accordance with the
terms hereof.
ARTICLE XVIII
OPTION TO RENEW
This Agreement may be renewed for a one- (1) year period upon mutual
agreement of the parties. The CITY agrees to furnish MCSO notice of its intent to
renew this Agreement no less than ninety (90) days prior to the expiration of this
Agreement.
ARTICLE XIX
TERMINATION
MCSO does hereby acknowledge that CITY is making this Agreement in
reliance upon MCSO's fulfillment of the obligations herein imposed for the full term
contemplated herein. Accordingly, MCSO does hereby acknowledge that the CITY
shall have the right of termination and the CITY does hereby acknowledge that
MCSO shall have the right of termination as outlined in the sections below.
19.1 CITY and MCSO may terminate this Service Agreement at its
discretion either with or without cause, by giving written notice thereof to MCSO;
provided, however, that such termination shall not be effective until the ninety-first
(91) day after the receipt thereof by MCSO.
Marathon 2002 + I-12th
Page 14 of 19
19.2 In the event of termination by either party, the other party shall render
such aid, coordination and cooperation as might be required for an expeditious and
efficient termination of service.
19.3 Upon termination of this Agreement, the City shall have no obligation
to pay MCSO beyond the date of termination.
ARTICLE XX
TRANSITION
20.1 In the event of the termination or expiration hereof, MCSO and CITY
shall cooperate in good faith in order to effectuate a smooth and harmonious
transition from MCSO to a CITY police department and to maintain during such
period of transition the same high quality of police protection otherwise afforded to
the residents of the CITY pursuant to the terms hereof. I n the event of such
termination or expiration and in the further event that the CITY is unable to provide
the same level of police protection through its own police force at the time of such
termination or expiration, the then pending term of this Agreement shall be deemed
automatically extended for a period of ninety (90) days or until CITY is capable of
rendering such police service, whichever occurs sooner.
20.2 The remuneration's to be paid to MCSO during the transition period
shall be based upon the actual cost of providing such services during the transition
period, but shall not exceed the pro rata cost of the most recent Agreement.
ARTICLE XXI
EQUIPMENT APPRAISAL AND TRANSFER PROVISION
21.1 In the event of termination or upon the expiration of this Agreement,
CITY shall have the option to purchase from MCSO any piece of equipment,
including police vehicles, directly attributable to or in use by the Marathon District
at the time of such termination in connection with the services contemplated
herei n.
21.2 The purchase price for such equipment shall be determined by
mutual agreement of the parties as to their fair market value of such equipment.
21.3 MCSO will provide Marathon, no later than October 1, 2002, with a
list of all equipment, including patrol cars, assigned to the Marathon District, and
provide updated lists on quarterly basis. The list will contain a fair market value
for each item. Marathon will have the option to purchase any or all items on the
list upon the termination of this Contract. Marathon must exercise this option by
delivery of written notice to MCSO no later than ninety (90) calendar days before
the expiration of any term of this Contract. The purchase price will be the then
current depreciated value of the item. Depreciation will be based on a five-year,
straight-line schedule.
Marathon 2002 + I-12th
Page 15 of 19
21.4 If Marathon does not agree that the depreciated value of any item is
reasonable, it shall so inform MCSO in writing and provide a written signed appraisal
prepared by a competent appraiser. This notice must be delivered
contemporaneously with Marathon's notice of exercise of its purchase option. If
MCSO does not agree with the appraised figure, it shall so inform Marathon in
writing and provide a written signed appraisal prepared by a competent appraiser.
This notice must be provided no later than thirty (30) days after receipt of
Marathon's notice of objection to the depreciated price. If Marathon does not agree
with MCSO's appraisal, and the parties cannot agree upon a purchase price,
Marathon must give MCSO written notice of this fact no later than ten (10) days
after receipt of MCSO's appraisal. The parties shall then select a third appraiser,
whose opinion shall be final. The parties will pay an equal share of the fees of the
third appraiser.
21.5 Upon the exercise by the CITY of its option to possess the subject
equipment, MCSO shall convey all of its rights, title and interest, thereto, including
police vehicles, to the CITY by Bill of Sale Absolute or Certificate of Title, as
applicable.
Marathon 2002 + I-12th
Page 16 of 19
ARTICLE XXII
AUTHORITY TO EXECUTE: NO CONFLICT CREATED: PREVAILING PARTY
22.1 The Sheriff by execution hereof does hereby represent to CITY that
the Sheriff has full power and authority to make and execute this Service
Agreement pursuant to the power so vested in him under Article VIII of the
Constitution of the State of Florida and the Statutes of the State of Florida, to the
effect that:
22.1.1 His making and execution hereof shall create a legal obligation
upon the Sheriff's Office of Monroe County, Florida, which shall be legally binding
upon the Sheriff's Office of Monroe County;
22.1.2 The same shall be enforceable by the CITY according and to the
extent of the provision hereof.
22.2 Nothing herein contained or no obligation on the part of MCSO to be
performed hereunder shall in any way be contrary to or in contravention of any
policy of insurance or surety bond required of the MCSO pursuant to the laws of the
State of Florida.
22.3 The City Manager, Mayor and City Clerk, by their respective executions
hereof, do each represent to MCSO that they, collectively, have full power and
authority to make and execute this Service Agreement on behalf of the City of
Marathon, pursuant to the Resolution of the City Council of the CITY
22.4 Nothing herein contained is in any way contrary to or in contravention
of the Charter of the City of Marathon and the laws of the State of Florida.
22.5 If any litigation arises out of this agreement (including appellate
proceedings), the prevailing party is entitled to recover its Attorney fee's and costs.
ARTICLE XXIII
NOTICE
All notice required hereunder shall be by first class mail, except that any
Notice of Termination shall be mailed via U.S. Mail, return receipt requested and any
notice required hereunder shall be addressed to the party intended to receive same
at the following addresses:
23.1
CITY:
Craig Wrathell, City Manager
City of Marathon
210 North University Drive
Suite 301
Coral Springs, Florida 33071
and
Nina Boniske, City Attorney
Marathon 2002 + I-12th
Page 1 7 of 19
John R. Herin, City Attorney
Weiss, Serota, Helfman, Pastoriza & Guedes, P.A.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
23.2
MCSO:
Sheriff Rick Roth
Monroe County Sheriff's Office
5525 College Road
Key West, Florida 33040
and Mark L. Willis
Attorney, Monroe County Sheriff's Office
5525 College Road
Key West, Florida 33040
ARTICLE XXIV
NON-ASSIGNABILITY
MCSO shall not assign any of the obligations or benefits imposed hereby or
contained herein, unless upon the written consent of the City Council of the CITY,
which consent must be evidenced by a duly passed Resolution.
ARTICLE XXV
ENTIRE AGREEMENT: AMENDMENT
The parties acknowledge one to the other, that the terms hereof constitute
the entire understanding and agreement of the parties with respect hereof. No
modification hereof shall be effective unless in writing, executed with the same
formalities as this Agreement is executed.
Marathon 2002 + I-12th
Page 18 of 19
ARTICLE XXVI
BINDING EFFECT
This Agreement shall inure to the benefit of and be binding upon the
respective parties' successors.
Agreed to on
M~COUnIY Sheriff's Office
By: · aJv.-( ~ &
Sheriff Richard D. Roth
Approved for legal,sufficiency for the Monroe County Sheriff Office ""
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Marathon 2002 + I-12th
Date: December 11, 2002
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Page 19 of 19