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FY2001 06/28/2000 11Bannp .1... itolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 28~27 FAX (305) 289-1745 CLERK OF TIlE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DA TE: July 5, 2000 TO: James Roberts County Administrator ATTN: Debbie Frederick, Aide to County Administrator Pamela G. HancocY1fv Deputy Clerk U FROM: At the June 28, 2000, Board of County Commissioner's Meeting the Board granted approval and authorized execution of municipal policing services tri-party contracts between the Sheriff of Monroe County and the City of Marathon, City of Layton, and Islamorada, Village of Islands. Enclosed are two fully executed duplicate originals for your handling, as well as a copy for your records. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance Risk Management wlo document File AGREEMENT BY AND BETWEEN THE SHERIFF OF MONROE,COUNTY, FLORIDA MONROE COUNTY, FLORIDA 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 MClTY"), the Monroe County Sheriff's Office (hereinafter referred to collectively as "MCSO"), and MONROE COUNTY, FLORIDA 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 hereinC:ifter set forth, WHEREAS, the CITY is desirous of yroviding 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. :r 1.1 For the purposes of this Agreement, the following terms shall ihve;;lheg respective meanings hereinafter set forth: ~g~ ~ ,." ::x: -< r- 1.1.1 Patrol Unit A patrol unit shall be defined to mean one marked ~cSr ca6, with one uniformed Deputy Sheriff and all standard support equipment. ~;:U8 :tIIIt =< ("') r:: ::r: .. .-........ ~ 1.1.2 Marathon District shall mean City paid officers within the rlVturiltipa;t- ... boundaries of the City Of Marathon. /~ /"Tl ~ 1.1.3 Service shall mean comprehensive police protection provided each day of the year on a twenty-four (24) hour per day basis SHERIFF FINAl_.doc Page 1 of 17 -n --; j- rrr o '"T'J o .::u ~ ,..,., ("") (;) ;:0 o 1.1.4 Shift shall mean and i ncl ude 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, 2000, 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 In 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 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 SHERIFF FINAL_ Page 2 of 17 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 staffi ng 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 Investigative 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. 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. SHERIFF FINAL Page 3 of 17 ARTICLE II ANCI LLARY 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 Civil process Community policing specialists Crime scene services Criminal analyst services Dive team Disaster/Hurricane Emergency Coordination and Planning Environmental officers Finance Hostage negotiation Human resources Information technology 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 Police canine Police dispatch, including 911 services SHERIFF FINAL_ Page 4 of 17 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 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 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. SHERIFF FINAL_ Page 5 of 17 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.5. 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 herei n. 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 2 uniformed deputy sheriff{s), out of the Marathon District 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. 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. If MCSO and the CITY agree to transfer any personnel as a result of the discussions, MCSO will assign replacement personnel, within 35 days, in accordance with this Agreement. SHERIFF FINAL_ Page 6 of 17 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. In 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 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. SHERIFF FINAL Page 7 of 17 ARTICLE VIII CONSIDERATION 8.1 Commencing October 1, 2000, the CITY shall pay to Monroe County, in consideration for the above stated services and responsibilities for the period October 1, 2000 through September 30, 2001, the sum of $1,018,318.59 (One Million Eighteen Thousand Three Hundred Eighteen dollars and 59/100) payable in monthly installments beginning October 15, 2000 and each month thereafter until the full amount herein is paid. 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% ($50,915.93) of the aforementioned Agreement amount of $1,018,318.59. 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 payments for the second year on a timely basis, then and in that event this Agreement shall terminate on September 30th ofthe current Agreement period. ARTICLE IX FINES, FORFEITURES/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 MARATHON 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 SHERIFF FINAL_ Page 8 of 17 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. The City of Marathon shalr be entitled to fifty percent (50%) of the net proceeds of all property forfeited under the Florida Contraband Forfeiture Act (Act) resulting from seizures of property within its municipal boundaries. Marathon's share will, at Marathon's option, be deposited in the Sheriff's law Enforcement Trust Fund or a City of Marathon law Enforcement Trust Fund. 9.4 If Marathon funds are deposited in the Sheriff's Trust Fund, they (and any interest earned on them) shall be for the exclusive benefit of the City of Marathon. Requests from Marathon for use of these funds shall be directed to the Sheriff, who shall promptly present the request to the Board of County Commissioners for approval. After Commission approval, the Sheriff shall transfer the appropriate funds to Marathon. 9.5 If Marathon funds are deposited in a City of Marathon law Enforcement Trust Fund, the Sheriff shall have no further responsibility and Marathon shall use the funds. In accordance with the uses authorized within the Act. 9.6 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. ARTICLE X MUTUAL AID The parties recognize their obligation to provide assistance to other jurisdictions (including without limitation the Cities of Key West, Islamoroda, 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 DET AI LS 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. SHERIFF FINAL_ Page 9 of 17 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 MCSO 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, 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 will discuss the possible removal of 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. 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. SHERIFF FINAL_ Page 10 of 17 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 14.2 Automobile Liability $1,000,000/$2,000,000 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. 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. SHERIFF FINAl_ Page 11 of 17 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, 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 I NDEPENDENT CONTRACTOR MCSO, for the purposes of this Service Agreement, is and shall remain an Independent Contractor; provided, however, such Independent 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, 2000 and ending September 30, 2001, all dates inclusive, unless this Service Agreement be otherwise extended or terminated in accordance with the terms hereof. ARTICLE XVIII OPTION TO RENEW SHERIFF FINAL_ Page 12 of 17 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 TERMI NATION 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. 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. In 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. SHERIFF FINAL_ Page 13 of 17 ARTICLE XXI EQUIPMENT APPRAISAL AND TRANSFER PROVISION 21.1 MCSO will provide Marathon, no later than October 1, 2000, 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. 21.2 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. 21.3 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. 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. SHERIFF FINAL Page 14 of 17 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 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 Mark Willis Attorney, Monroe County Sheriff's Office 5525 College Road Key West, Florida 33040 SHERIFF FINAL_ Page 15 of 17 ARTICLE XXIV NON-ASSIGNABI L1TY 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. [THE REMAINDER OF THIS PAGE HAS INTENTIONAllY BEEN lEFT BLANK} SHERIFF FINAL_ Page 16 of 17 ARTICLE XXVI BINDING EFFECT This Agreement shall inure to the benefit of and be binding upon the respective parties' successors. Agree to on June 20, 2000. Mon e ounty Sheriff's O~ ~ By: I &~ Sheriff Richard D. Roth Approved for legal sufficiency for the Monroe County Sheriff Office , By:~~~ Marfs>>::Willis Attorn~onroe County SEA L Approved for legal sufficiency for the City of Marathon By: ~\~~~ City Attorney BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cS~f.~ .8 Page 17 of17 SHERIFF FINAL_ , MONROE COUNTY SHERIFF'S OFFICE COSTS FOR MUNICIPAL POLICING City of Marathon 6/8100 2:45 p.m. Captains LieulBnants Sergeants Deputy Sh8lllllt1)eI8clIves ......onneI s.mc. CuanlIly o o 4 9 individual Cast Cost Sall11Y - CaplBln 0 Salary. UlIutenBnI 0 SaIaIy . SeIgeant 4 SaIIIIy - 0lIpuly 9 Inc:enliva Pay 13 Ovettlmtl 13 HolIday Pay 13 WellnRs A_d 2.6 Social SecurtIy and Medicant Taxes Rllllremenl Con1rlbUltana Group HeaIlh InsI.nl1Ce (Annual Amount) 13 War!cer's ~Iion ~ (Based an Salary) Tota'- .....,.., ..... ap.n.tIng Expen.- TnMII and Pe, DIem Communications Trlll1llpol1Blion Ins..- Prafesslanal LlabiIIty Deputy Sherifl's Blanltel Band UIe 8eMfiI Carlnsu_ - Lillbllllyn>hyslcal Dam. SlalulOry Otlath Benellls Towing RadarlSplltld Cetllficallan Act:euary Rapalt 0ulfIIllnWRac:y1ng FIael MaInI8nance Fuel Paint and Body Work RAM equipment (Nan-ca""",,") . 0fIIca and Computer Supplies EquIpmant and SoftwaI1l Aula Suppli8s Emplayaa Unllatms and Equipment Fnm and Fingarprlnl PnlceAlng S~'" - GlItIlIf8I BoDies, SLmcriptions, and Mambarships Tuillan ReimlM's.mant Ttainlng Mantotl Counly eost Allocation SubIolaI CIIpItII, ElQl8IId/lww Autamables' AI OIhar Equipment" Radios 65,1131.39 55,207.69 47,1148.69 37,872.91 487.21 1,294.18 191,398.78 339,058.19 6,333.73 16,824.13 19,985.74 2,800.00 44,079.19 120,033.24 73,32D.00 34,220.71 1147,651.89 1,000.00 5,1l4D.00 Quantity Individual Cost Cost 13 17.61 228.98 13 484.80 8,30.2.38 13 3.79 49.21 13 13 894.00 11,822.00 13 3.00 39.00 13 3.00 39.00 13 789.00 9,997.00 13 19.75 258.75 13 17.79 231.24 13 19.27 250.56 13 31.36 407.72 13 305.78 3,975.13 13 2,009.96 26,129.52 13 1,422.62 18,484.11 13 117.44 1,528.78 13 16.85 219.09 13 287.48 3,867.33 13 31.57 410.47 13 22.87 297.34 13 440.41 5,725.39 13 45.47 591.07 13 67.14 872.88 13 14.88 193.48 13 4.48 57.98 13 4.48 57.98 13 1,750.00 22,750.00 8,814.80 114,592.36 13 13 13 3,987.81 270.88 59.34 51,581.58 3,521.50 771.45 Subtotal 55,874.53 Tobll 4,299.04 . The amount 1ncatpora1ed into Automobiles and AI 0Iher Equipment I8pnlHnts the COSl 01 a car amor1lz8d IMlr 5 years. 1,D18,318.59 EXHIBIT 'A' EXHIBIT 'B' I . I RESOLUTION NO.@--Q::o-d3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING AN AGREEMENT WITH THE MONROE COUNTY SHERIFF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the provision of law enforcement services to the City of Marathon, Florida (the "City") is provided by the Monroe County Sheriff's Department (the "Sheriff"); and WHEREAS, the services are currently funded by an ad valorem millage paid by the residents of the City that includes both county wide and municipal type services from the Sheriff; and WHEREAS, the Monroe County Board of County Commissioners recognized that in order to achieve full cost allocation of services, the funding for the Sheriff's services should be identified and separated by those functions that are countywide versus municipal in nature; and WHEREAS, the County adopted Resolution No. _ authorizing the splitting of the Sheriff's budget into a countywide millage rate and a municipal millage component; and WHEREAS, the Resolution requires the Sheriff to enter into an Interlocal Agreement with the City by July I, 2000 in order for the County to prepare a budget for fiscal year 2000- 01 that separates the millage; and WHEREAS, the City and the Sheriff have come to an Agreement to provide local law enforcement services to the City. NOW THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Agreement. The Agreement between the Sheriff and the City (the If Agreement), attached as Exhibit II A, II is approved, and the Mayor is authorized to execute the Agreement subject to the approval as to legal form and sufficiency by the City Attorney. Section 3. Approval. The approval of this Agreement is contingent upon the County approving a budget for fiscal year 2000-01 that separates the Sheriff's budget into a countywide millage and a municipal police services millage. In the event that the County does not adopt a budget that separates the millage rates, the action of the City Council in approving this Agreement shall be deemed void. The Agreement shall provide language that reflects this condition. Section 4. Effective Date. This Resolution shaD become effective immediately upon its adoption. 2' ~ PASSED AND ADOPTED thisOl:)Aw.y o~. 2000. ~R APPROVED AS TO LEGAL SUFFICIENCY ~_\~Q CITY ATTORNEY 3