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FY2018-2021 2nd Amendment 09/16/2020 Kevin Madok, CPA lip. "= Clerk of the Circuit Court&Comptroller—Monroe County, Florida `u ~ DATE: September 18 TO: Patrick McCullali General Counsel, MCSO Michelle Quad Executive Assistant FROM: Pamela G. Hanco�4 .C. SUBJECT: September IC'BOCCMeeting Attached is an electronic copy of the following item for your handling: L1 2'" Amendment to the Marathon Police Services Agreement. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 SECOND AMENDMENT TO CONTRACT FOR LOCAL POLICE SERVICES This Second Amendment to Contract for Local Police Services between The City of Marathon, Monroe County Sheriff s Office, and Monroe County, is made and entered into as of the date last written below by and between The City of Marathon, Florida, a municipal corporation of the State of Florida(the"Marathon"), Monroe County Sheriff's Office ("MC SO"), a subdivision of the State of Florida, and Monroe County, a political subdivision of the State of Florida("County"). WITNESSETH WHEREAS,In October 2018 Marathon entered into a three year Contract with MCSO and County to provide Local Police Services (the "Contract"), a copy of the Contract is attached as Exhibit "I"; and WHEREAS,pursuant to Section 18a of the Contract, compensation for Local Police Services for each fiscal year shall be set by amendment to the Contract; and WHEREAS, Marathon desires to amend the Contract to set the compensation for Fiscal Year 2020-2021 (the "Second Amendment"). NOW THEREFORE, in consideration of the mutual covenants set forth in this Second Amendment, the parties agree as follows: Section 1. Amendment to Agreement. Section 15 of the Contract is amended to read as follows: 15. CONTRACT COST AND PAYMENT. 15a. Marathon agrees to pay the sum of $1,891,057.00 ((One Million Eight Hundred Ninety One Thousand Fifty Seven Dollars) for services, equipment and supplies provided during the third year of this Contract(10/l/2020-9/30/2021). This sum is referred to as the "Contract Price." 15b. Marathon shall pay 2/12 of the total contract price to the Clerk of Court no later than October 15, 2020 and thereafter Marathon will pay 1/12 of the total contract price on or before the first day of each succeeding month until the total contract price is paid. Notwithstanding the,pjqce_dj Marathon's pi hhLprorated jLayMent shall be based qpon the Contract Price in effect for each fiscal year of the term. Second Amendment to Contract for Marathon Local Police Services Page 1 Section 2. Second Year Pavment Terms. Exhibit "A" of the Contract is replaced in its entirety with replacement Exhibit"A-2020" dated June 10, 2020, attached. All references to Exhibit"A" in the Contract shall be from October 1, 2020 forward refer to the replacement Exhibit"A- 5. "A-2020" Section 3. No Further Modifications. All other provisions of the Contract, other than as specifically addressed herein, shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated on the day and year last below written. CITY OF MARATHON: e- By:_MayZr -?ev-e—nCook Date: Attest: By: Diane Clavier, City Clerk Date:-(U"-HC2WV MONROE COUNTY SHERIFFS OFFICE: By: Richard A. Ramsay, Sheriff Date: Monroe County Sheriffs Office Approved as to fore By:____ Pq ric , I l eCullah, General Counsel V ........... .... ........ .......... Second Amendment to Contract for Marathon Local Police Services Page 2 BOARD OF COUNTY COMMISSIONERS OF MONROE C FLORIDA By: May /Chaff Date: Atiaire_n.,.-Q.e-t- I L, .-=w Attest: Kevin Madok,Clerk of Court By: C7:4^ -_-„rti As Deputy CI -___-.-- Asp: L ww I COUNTY ATTORNEY ) t AS TO FORM V.. M 14 Assistant Altomoy Date: q u 2-4 _ go 71 Ar rri 0 W o zz 2J O x n = m o N CD UD C Second Amendment to Contract for Marathon Local Police Services Page 3 A- cloao 10-Jun-20 Updated by!Lisa Knowles-3113120 v2 BUDGET-MARATHON 2 YEAR COMPARISON FOR FYE 2020 TO FYE 2021 ADOPTED PROPOSED BUDGET allDGET DIFFERENCE FYE 2020 FYE 2021 +OR PERSONNEL SERVICES Headcount 15 15 Executive Salary - - Regular Salaries 978,693 974,193 (4,499) Overtime 42,937 41,976 (901) Incentive 9,120 8,619 (600) Employer Taxes 78,882 78,389 (464) Retirement Contribution 244,170 245,688 1,518 Life&Health Insurance 1,400 1,400 - Unemployment Compensation - Total Personnel Services 1,355,171 1,350,165 (5,006) OPERATING EXPENSES Expenses Other Than Salaries - - Professional Services 3,700 3,700 Other Contractual Services 350 350 Investigations - Travel&Per Diem 2,000 2,000 Communications 8.000 8,000 Freight&Postage 200 200 Utility Services - - Rentals - - Insurance 27,450 27,450 - Repairs&Maintenance 43,000 49,000 6,000 Fleet Maintenance Printing - - - Advertising - Office Supplies 2,3D0 2,300 Operating Supplies 94,110 94,110 Books/SubscriptionalMemberships - - Tuition - Training 4,000 4,000 - Total Operating Expenses 185,11 D 191,110 6,000 CAPITAL OUTLAY Other Building improvements - - Automobiles/Machinery/Equip. 126,108 133,308 7,200 Total Capital Outlay 126,108 133,308 7,200 OTHER USES Aids to Government Agencies Aids to Private Organizations Intragovernmental Transfers Total Other Uses ............. TOTAL SHERIFF'S BUDGET 1,666,389 1,674,583 8,194 .................. COUNTY COSTS:' -Health Insurances 185,191 185,191 -Worker's Compensation 35,094 31,283 (3,812) -County Allocation - Total County Expanses -(3,812) *Estimates TOTAL BUDGET 1,886,675 1,800,067 4,382 Contract for Local Police Services Monroe County Sheri Office and the City of Marathon FY 2018-2021 Pagr I of 13 ConVact for Loud Police Serviom-FY 2010-2021 Monroe Comty Sheriffs Offloe and the City of Mataffion Contract for Local Police Services Monroe County Sheriff's Office and the City of Marathon FY 2018-2021 Tableof Contents 1-Purpose:............................................................................................................4 2-Parties:.............................................................................................................. 3-Term:................................................................................................................ 4-Scope c e services:.......................................................................... 5-Other services: ................................................................................................. 6-Assignment of personnel and selection of District Captain:........................ 7-Procedure for selection of District Captain and Ueutenant:........................ 8-Complaints regarding officers:........................................................................ 9-Responsibility for ultimate control:................................................................. 1 ttention to needs of Marathon:................................................................... 11-Officers not employees or agents of the City:...............................................7 12-Enforcement of municipal ordinances:........................................................ 13-Legal claims, notices of suit,and law-suits:..................................................7 ' or of patrolvehicles:....................................................8 15-Contract cost and payment:.....;..................................................................... 16-Cost reports and cost/Conttact Price options:............................................. 17- ear.-end reconciliation: .................................................................................9 Page 2 of 13 Conuset for Loesa Po&e SeMce&- 2029 Mantat CounW Sheiffs Offim and the City of Marathon 18-Future year pricing:................ .......................................................................9 19-Traffic fines and forfeitures:...........................................................................9 20-Florida Contraband Forfeiture Act proceeds................................................9 21-Stat'on facilities and office expense:............................... ............................10 22-Law enforcement education assessments:...................................................10 23-Mutual aid:........................................... .........................................................10 24-ParagTaph headings not dispositive:............................................................11 25-No presumption against drafter:.................................................................11 Page 3 of 13 Con for Local Police ServiceR-FY 201&20ZI Monroe County ShemiWs Office and the City of Marathon Contract for Local Police Services Monroe County Sheriff's Office and the City of Marathon FY 2018-'2021 1-Purpose: The City of Marathon,a Florida municipality C%bratlaon"or the"City'), and the Monroe County Sheriffs Office CNCSO'},a subdivision of the State of Florida,have agreed that Marathon will purchase and MCSO will provide local law enforcement services to Marathon in addition to regional police services provided to residents of the unincorporated areas of Monroe County- INS Contract states the, temis of the agreement between the parties. 2-Parties: ne parties to this Contract are Marathon and MCSO. Any communicadon required to be provided by either party may be directed to: City of Marathon Chuck Lindsey City Manager 9805 Chrerseas Highway Marathon,Florida 33036 Telephone. (305)743-0033 Facsimile: (305)743-3667 MCSC Sheriff RicbArd A. Ramsay Attn.Legal Division 5525 College Road Key West,Florida 33040 Telephone: (305)292-7020 Facsimile: (305)292-7070 3-Te The to of Contract begins October 1,2018 and ends September 30, 2021, Page 4 of 13 Con et for Lkcai PoRce Services-FY 2018-2021 Monroe County SherMs Office and the City of Mgmthon 4-Scope of purchased services: MCS0 will provide professional police road patrol service throughout Marathon- Service will be provided a contingent(the'%firathon Districe) consisting of- -One Captain -Four sergeants -Ten deputies (including one near-shore patrol officer) -One School Crossing Guard The parties intend that road patrol services be provided 24-hours per day on every day of the term of this Agreement. The Marathon District Captain (hereinafter"Cap tain'� in dose cooperation with the City Manager(hereinafter ` agej?� shall plan schedules for the Marathon District. The Captain will provide the Manager with the planned schedules and daily reports containing the names and hours worked by every member of the Marathon District upon request. The parties acknowledge that die Marathon District Captain and Lieutenant have regional responsibilities in addition to their responsibilities to Marathon. The staffing plan for fl-as contract has been developed using a 5.21 staffing ratio. This ratio is used top the proper numbet-of officer to maintain shift coverage considering planned and unplanned absences due to injury,illness,vacation, ttaining and family and medical leave The Captain will mak an reasonable efforts to coordinate traiain&sidr, annual,and administrative leave to provide optimum service to Marathon. MCSO will=Wntain appropriate staffing at all times. The Captain shall attend any meetings that the Manager shall reasonably request;eg. those of the City Coundl. 5-0ther services: Apart from this Contract,MCSO shall also provide all services to Marathon on the same terms and at no additional charge or expense as they are provided tDthe residents of Monroe County 6-Assigmnent of personnel and selection of District Captain: MCSO recognizes the desire of Niat-athon that the Mmthon 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 I p Page 5 of 13 Contmet for IocW Police services-FY 201&2621 Monroe CouW SherifFs Office and the City of Mara rela bons idps. Marathon recognizes the obligation of MC SO 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 Marathoii District The City Manager WiH 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 disciplixtaty record of these officers and be a raember 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 Mkiager before=king I-As decision. 8-Complaints regarding officers: MCS0 is co to maintaining a high standard of professionalism for all of its officers. Complaints regarding officers shall be promptly and thoroughly investigated by MCSO. Elected officials and employees of the City shall not undertake investigations of any officer- Any complaint against an officer in the Marathon District must be directed to the Cap tam. Upon request,the Captain shall inform the Manager of the cornplaint, advise the manager of action taken, and provide a tten report of the investigation and resolution of the matter- If the complaint concerns the Captain,the manager may take the matter directly to the Undershe,tiff The Captain will advise the Manager any time an individual Deputy draws three or more complaintz regarding the Deputj'G interaction with the public vithin (6) months or (6) such complaints wifliin(12)months. 9-Responsibility for ultimate control, Marathon understands,acknowledges and agrees that MC SO must,at all times,have and maintain the sole responsibility for and control of all services hereunder,including without limitation,the establishramt of standards of performance and conduct,hirin&promotion,discipline and termination,labor relations,as well as all other matters necessary or incident to the performance of such services. Consistent with the City charter,no elected official or employee of the City may ditect the actions of officers of the Marathon District. Direction from the City vill be given through the Manager in accordance with the terms of this Contract. 10-Attention to needs of Marathon-, MCSO will work together with NL-aathon to direct police services to ineet the expressed needs of the residents of Marathon. The Captain shall meet with the Page 6 of 13 Coaftact for Lomi Poliec Semices-FY 2018-2021 Monroe County Sheriffi;Office and the City of Ma=thoo Manager frequently to team 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 Managees Senior Management Team. 11-Officers not employees or agents of the City- AN deputies and other persons employed by MCSO to perform services under this Contract are and shall remain in the sole employment of MCSO and no such persons be considered in the employ of Marathon for the purpose of any pension,insurance,civil service,worker's compensation pay or other benefits. MCSO officers are not agents or employees of the City,and will not have the author4 to enter into agreements or n3ake policy on behalf of the City. 12-Enforcement of municipal ordinances: Every member of the Marathon District will be authorized under Florida law to enforce the criminal municipal ordinances of Marathon. Marathon agrees to provide MCSO six copies and every member of its District one copy of such ordinances. Further,Marathon agrees to provide the Captain,the Undersheriff and MCSO Genexal Counsel the text of proposed ordinances in time sufficient for review and discussion with City officials and their advisors. MCS®will provide City officials advice from a practical law enforcement perspective concerning any proposed criminal ordinance. 13-Legal claims,notices of suit,and lawsuits: The parties shaU provide each other with complete and prompt notification of any legal--laim,notice of suit,or la thatLiqvolves the provision of ser-Aces here der,and shall cooperate in the mutual defense of any such claim& City;as a state agency or subdivision 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 actions,whichresult in chdras or suits against either MCSO or City;and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions,or intentional tortious acts. MCSO,as a political sub-diwsion 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 intendonal tortuous acts, which.result in claim or is against either the City or MCSO,and agrees to be liable to the mtatory limits for any damages pro 2drnately caused by said acts or omissions,or intentional tortious am Page 7 of 13 Conusct for Local Police Senices-FY 201&2021 Monme Co=ty she Office and the City of Mamthou 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 14-Unifbrms and marking of patrol vehicles: MCSO shall ensure that every member of the Marathon District is provided with a tnadmd patrol vehicle mid uniforms. City of Marathon patrol cars will clearly marked as such. 15-Contract cost and payment: 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 Eyclubit A, attached and incorporated by reference herein. This sum is referred to as the"Contract Price!' b. h1arathonwill 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. Thereaffim 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 mouth until the to contract price is paid. C. MCSO will provide a fully marked and properly equipped police vehicle for each member of the Marathon District Marathon will pay all monthly vehicle costs in advance to MCS0,and will pay or provide for fuel,maintenance,and other operating costs for all vehicles assigned to the Marathon District e. In future Contract years,Marathon will pay the costs of acquiring replacement vehides for the Marathon District. MCSO will replace the Marathon vehicles according to the terms of the then current vehicle replacement policy of MCSO, f. All vehicles paid for by City wK at the end of their service life,be property of City. 9. Marathon and MCSO may agree to purchase goods and services not spedfically addressed in this contract upon such terms and conditions as are mutually agreed-upon by the parties in writing, par 8 of 13 Contract for Locti Po&e Sem*es-FY 2018-2RI Monroe County Sherift Office and the City of Marathon 16-Cost reports/Contract Price options: MCSO will provide Marathon 1--nonthly finandal reports showing all costs incurred by MCSO and Monroe County to provide services under this Contract, If incurred costs equal the Ninety-five Per Cent(95c/16)of the total costs recited in this Contract,then: MCSO may stop providing any of the services in order not to exceed the Contract price; Or, Marathon may is a written commitment to MCSO to pay for additional services as Weed to by Marathon and MCSO. 17-Year-end reconciliatiori: At the end of each fiscal year,incurred costs will be reconciled with total payments nude by Marathon. MCSO external auditors will determine the final balance. If incurred costs exceed to payments,Marathon will reimburse MCSO for the excess costs within (60)days of the end of that fiscal year. If total payments exceed incurred costs,MCSO vAll reanburse Marathon for the excess payment amount on or before Much 31st of the following fiscal year. 18-Future year pricing: a. Marathon and MCSO will negotiate payment for the second and third years of this Contract in time sufficient for preparation of budgets and tax tolls. When agreement is reached, the City Manager will prepare a memorandum stating the newt and acknowledging Marathon's acceptance of them. A resolution of the Monroe County Board of County Commissioners,sponsored by the Sheriff and admowledging the newt shall be sufficient to amend the financial terms of this Contract b. If the parties are unable to agree on payments for future years on a dmely basis,then and in that event this Contract shall terminate on September 30d, of the then current Contract period. 19-Traffic fines and forfeitures: The parties acknowledge Marathon's,entitlement to fines and forfeitures pursuant to §318.21,Fla. Stat. (2002),as from time to time amended. 20-Flotida Contraband Forfeiture Act proceeds: Page 9 of 13 Contract for local Police k-Mces-FY 2MA-2021 Moaroe Cmmty SherWa Office and the Chy ofMamthon The parties shall determine an equitable share for Marathon of proceeds of any forfeiture, from which MCSO successfidy forfeits cash or property exceeding 5 10,000.00 pursuant to the Florida Contraband Forfeiture Act,in cases involving the participation of ofcers.of the Marathon District. This share will be based upon the ratio that the Marathon District's participation bears to the participation of all law enforcement agencies pardupating in the criminal case,seizure, and subsequent forfeiture. This share shall be deposited by MCSO in the Sheriffs Law Enforcement Trust Fund for the Sheriffs use in Marathon. Marathon may apply to the Sheriff for the use of such fdrids consistent with the limitations of the Contraband Forfeiture Act. The Sheriff agrees to submit such request to the Monroe County Commission for approptiation, 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 uses 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 Matathon's equitable share of the market value of the property less liens,mortgages,encumbrances and MCSO's costs of seizure and forfeiture. In both cases,the allocated share shall be earmarked for use by MCSO within Marathon. 21-Station facilities and office expense: MCSO will provide station facilities for the Marathon District 22-Law enforcement education assessments: Marathon agrees to retain and separately account for all monies currently received by it from the Clerk of Court attributable to assessments of court costs intended for criminal justice training purposes. Marathon will disburse said finids,to MCSO upon request. MCSO will use die funds solely for law enforcement education as requited by law. Any new assessments enacted by the City for law enforcement ft-Aining purposes Will be shared between MCSO and the City for the purposes intended by law. 23-Mutual aich 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 Monme 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 Imcal Police Services-FY 2019-20M Monroe Co"Sherilfs Office and the City of Marathoia officers without financial set-off or deduction by Marathon. The Nianager Will be given all possible notice of such deployment and written reports of the actions of officers so deployed upon request 24-Paragraph headinp not di"sitive: The parties agree that the headings given the paragraphs and other subdivisions of this Contract are for case of reference only and are not dispositive in the interpretation of Contract language. 25-No presumption a&nst drafter. Ile parties agree that this Contract has been freely negotiated by both parties,-and that,in any dispute over the meanin&interpretation,vandity,or enforceability of this Contract or any of its to or provisions,there shall be no presumption whatsoever against either party by virtue of their having drafted this Contract or any portion thereof The remainder of this page in tendonaZy left blank Page It of 13 Contract for Local Police Services-FY 2DIS-2021 Monroe Cotwty She riPs Office and the City of Marathon Agreedto on 2018. Monroety Sheriffs Office 0", & dif y= ;zz Sheriff °ch A. at Z City of Marathon F r. Mayor ST: City Clerk Pne 12 of 13 Conma for Umml PoRm Seraces- M e Comty Shedffs Office md the City of BOARD OF COUNTY CONMUSIONERS OF MONROE COUNTY,FLORIDA *--', Mayor/Chairperson Attest-. , URT Deputy Clerk Q* E omw < H '' ' : . 4 r° ASSI&ANT001 f' Daw-- Page 13 of 13 ContrAct for f<ocat PoHm Services- Monroe County Sherift Offim gad the City of Mmadmon UNalpdd.bV:Unis XgwA%-Ius-NIM 3 v3 BUDGET-WARKTOM 2 YEAA COWARMON FOR FU U718 TO FYF 2019 AMPTED MOPMED WMET WFIFERENM is 15 sawry %SM84im VAA63 92D,857 63-W omtnw 89,532 40AS2 00 NMWVD GAO 91W 1"V20 Env*�Yw ToAaft "A20 MAN 5AW RwImansm Cof*t~ 205MI 220,4110 15,223 We&Mesith Uftmplvymant Compeftallon Tate Pemienalsonlom MHAMM�C- 1 6� exPenses Ww Than SAWdeS Professiaamt Ssp&es 3. MW O#w rxx&vcuW swvkas 350 am W-Opu— Tlavw 6 Per Dion ZAN 4900 coammemagom 8,000 RA09 FMIUM&p0muge 200 200 U614 swv�ou Rewk mutuma 27ASC 27AM RROM&ht*4vrAn,-m 43,M 43.0m f,M*V Ad"Awimj Me SWPNQN ZAW 213M ap-4ftSumbe's da910 ,110 TO CourMing Unnaas 165, 1 Other RuldkV Wr4mvenmPts T"vApw Cost MM—MUMIS Al&,to Owemmem ApencWs KC44 to pa"te onjunUafiDym 4nwMwww*ntW Tmaders TrA00twums TOTAL 8"mr-PIS BUDGST COUNTV COSTV" Putakh InVANW-CeS workeee,c"Pensallm 35=9 36ASS 1.3w CALAy AllowMa ToW Cowdy ftenws Wstkywifts TOTAL SUDM 16