Item L1 L.1
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `_ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.�ff` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: L.1
Agenda Item Summary #7302
BULK ITEM: Yes DEPARTMENT: Sheriffs Office
TIME APPROXIMATE: STAFF CONTACT: Patrick McCullah (305) 292-7020
N/A
AGENDA ITEM WORDING: Approval of the second amendment to the Marathon police
services agreement.
ITEM BACKGROUND: Contract for Local Police Services
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved a(3)year contract for local
police services and the price revisions for the contract in the past.
CONTRACT/AGREEMENT CHANGES:
Changes made to reflect current staffing and pricing
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Second Amendment Marathon Police Services 2020-2021
FINANCIAL IMPACT:
Effective Date: 10/1/20
Expiration Date: 9/30/21
Total Dollar Value of Contract: $1,891,057.00
Total Cost to County: 0
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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Revenue Producing: Yes If yes, amount: $1,891,057.00
Grant:
County Match:
Insurance Required:
Additional Details:
09/16/20 149-68611 - SHERIFF - MARATHON $1,891,057.00
REVIEWED BY:
Pedro Mercado Completed 09/02/2020 10:22 AM
Purchasing Completed 09/02/2020 10:28 AM
Budget and Finance Completed 09/02/2020 10:34 AM
Maria Slavik Completed 09/02/2020 10:35 AM
Liz Yongue Completed 09/02/2020 10:38 AM
Board of County Commissioners Pending 09/16/2020 9:00 AM
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SECONDCONTRACT TLOCAL POLICE SERVICES
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This Second Amendment to Contract for Local Police Services between The City of N
Marathon, Monroe County Sheriff s face, 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 fice E
("MC SO"), a subdivision of the State of Florida, and Monroe County, a political subdivision of
the State of Florida,('`C c
ounty")
WITNESSETH
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"1"; and
WHEREAS,pursuant to Section 1 a of the Contract, compensation for Local Police )
Services for each fiscal year shall e set byamendment to the Contract; and
0.
Marathon desires to amend the Contract to set the compensation for Fiscal
Year 0-2021 (the "Second Amendment").
NOW THEREFORE, in consideration of the mutual covenants set forth in this Second �--
Amendment, the parties agree as follows: CD
Section e c t to Agreement. Section. 15 of the Contract is amended to read N
as follows: y
15. CONTRACT COST AND PAYMENT.
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15a. Marathon agrees to pay the sum of 1, 9 , 57.00 (One Million Eight Hundred
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Ninety One Thousand Fifty Seven Dollars) for services, equipment and supplies provided during
the third year oft is Contract( 0/l/2 ® /30/ 021). This sum is referred to as the"Contract
Price."
15b. Marathon shall pay 2/ 2 of the total contract price to the Clerk of Court no later E
than October 15, 2020 and thereafter Marathon will pay 1/12 of the total contract price on or
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before the first day of each succeeding month until the total contract price is paid. 0)
Notwithstanding the precedz write .fie. ahon's ®ptly_prorated 1y ent shall be based
qponAje tiilt act rice i flfqct for each fiscal_vear of the ter
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Section . Second ear Pavment Terms. Exhibit "A"of the Contract is replaced in its
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entirety with replacement Exhibit" - 20" dated June 10, 2020, attached. All references to
Exhibit"A" in the Contract shall be from cto er 1, 2020 forward refer to the replacement E
Exhibit"A-2019".
Section 3. No Further Modifications. All other provisions of the Contract, other than
asspecifically 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 E
written.
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By: CL
Mayor, even Cook
�o.
Date:
Attest:
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By:
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Diane Clavier, City Clerk y
Date:
ASHERIFF'S OFFICE:
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By:
Richard A. Ramsay, Sheriff
Date:
Monroe County Sheriff's Office
Approved as to fore
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BY .......
131111
ric , IcCullah, General Counsel
Second Amendment to Contract for Marathon Local Police Services Page 2 �
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BOARD OF COUNTY COMMISSIONERS C44
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OF MONROE COUNTY,FLORIDA C44
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By:
Mayor/Chairman E
Date: 0
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Attest: Kevin Madok, Clerk of Court E
By:
Deputy Clerk
Date:— .......... U)
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
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By: C44
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Assistant County Attorney C44
Date:
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10-Jun-20 ^�
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Updated by:Lisa Knowles-3113120 v2 N
BUDGET-MARATHON '
2 YEAR COMPARISON FOR FYE 2020 TO FYE 2021 N
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ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FYE 2020 FYE 2021 +OR(•}
PERSONNEL SERVICES
Headcount 15 15
Executive Salary - - O
Regular Salaries 978,693 974,193 (4,499) U
Overtime 42,937 41,976 (981)
Incentive 9,120 8,619 (600)
Employer Taxes 78,852 78,389 (464) 0)
Retirement Contribution 244,170 245,688 1,518
Life&Health Insurance 1,400 1,400 - 0)
0)
Unemployment Compensation - - L°
Total Personnel Services 1,355,171 1,350,165 (5,006) 0)
OPERATING„EXPENSES
Expenses Other Than Salaries 0)
Professional Services 3,700 3,700 )
Other Contractual Services 350 350 U
Investigations .
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Travel&Per Diem 2,000 2,000 CL
Communications 8.000 8,000
Freight&Postage 200 200 O
Utility Services _ _
Rentals _
Insurance 27,450 27,450 -
Repairs&Maintenance 43,000 49,000 6,000 Fleet Maintenance
Printing - _ - r
Advertising - -
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Office Supplies 2,300 2,300
Operating Supplies 94,110 94,110 N
Books/SubscriptionstMemberships - -
Tuition _
Training 4,000 4,000 - m
0)
Total Operating Expenses 185,110 191,110 6,000
CAPITAL OUTLAY ()
Other Building Improvements 0)
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Automobiles/Machinery/Equip. 126,108 133,308 7,200
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Total Capital Outlay 126,108 133,308 7,200
_.._.................. _._
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OTHER USES
Aids to Government Agencies
Aids to Private Organizations
Intragovernmental Transfers
Total 01her 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 - O
Total County Expenses 220,288 216 474 (3,812) 0)
`Estir11 ..._.._. _.. -_
TOTAL BUDGET 1886676 1,891,067 4,382 0)
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Contract
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for Local Police Services
Monroe County SherifPse City of Marathon E
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Convact for Lacal Police s-FY 2018-2021
Monroe ty Shexffs CMFwe and the City of Mwmhon
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Contract for Local PoliceServices
Monroe a 's Office and the City of MarathoncV
FY 2018-2021
Table of Contents
1-Purpose:............................................................................................................
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2-Parties:..............................................................................................................
................................................................................................................
4-Scope of purchased services:..........................................................................
services: ...5
6-Assignment of personnel and selection of District Captain:........................
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7-Procedure fr selection of District Captain and Lieutenant:........................
S-Comp1 ' is regarding officers:........................................................................6
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9-ResponsibiHty for ultimate control:................... '
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' n to needs of Marathon:...................................................................6a
11-Officers not employ-ces or agents of the ........7
tof municipal ordinances:........................................................
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13-Legal claims,notices of suit, lawsuits............. ......................................
marking14-Uniforms and
of :.....................
15-Contractcost a a t:...........................................................................
s cost/Contract Price options:.............................................
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17- a reconciliation: .................................................................................9
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Conuart for Locia PoUce SerAces-FY 2018-2021
Manwe Couwy Shez&B Office and the City of Mwa&on
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18-Futurey .......................................................................................
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19-Traffic fines and forfeitures:...........................................................................
20-F
to 'd2 Contraband Forfeiture Act proceeds:..........................
21-Station facWties and office :............................................................
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22-Law enforcement education assessments:...................................................
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23-M
u ....................................................................................................
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24-Paragraph headingst 's i ' e:............................................................
presumption 11
ter:..................................................................11
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Contmct for Local Polfice SerWres-
Monme County ShedWs Office and the City of Mantthon
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C-6ntract for Local PoliceServices
Monroe County Sheriff's Office and the Cityf Marathon
FY 2018-'2021
1-Purpose: E City of Marathon,a Florida munidpaky(` on"or the" ty'�,
and e MonroeCo ty SherifFs Officep "),a subdivision of the Stateo
Florida, d that Marathon will purchase and MCSO will provide to
enforcement services to Marathon in tion to re&onadpoliceservices prcTided to
residents of the unincorporated areasof Monroe Contract states the E
terrns of the agreement between the
e parties to this Contract are Marathon and MCSO. Any communication
required to be provided by either party may be directed
City of Marathon 0
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Chuck
City,
9805 Overseas Highway .
Marathon,Florida 33036
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Telephone. (3 )743-00
Facsimile: (3 5)743-367 04
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MCSO
Sheriff y
Attn.Legal Division
5525 College Road
y West,Florida 3
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Telephone: ( )292-70
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Facsimile: 0 )292-7070
e term of this Contract begins October 1,2018 and ends September 30,
2021,
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Contmct for LocW Police s-FY 2016,2021
Mannic County Shetifre Office 2nd the City of Mamthon
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f purchased services:
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-MCSC)will pro-n e professional police road patrol service throughout N
M=thon- Service will be provided a contingent(the'%firathon. is °ce)
consisting of E
-One Captain E
-Four setgeants c
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-Ten deputies (including one -shore patrol officer)
-One School Crossing
e parties intend t road patrolservices e provided 24-hours per day on
every y of the term of this Agreement. The Marathon District Captain
(he "Captain')in dose cooperation e City Manager(hereinafter U)
` i s schedules o e a District. The Cap vide L)
the a planned schedules reports c e es and c
hours worked by every memberof the Marathon District upon request.
e parties acknowledge that the Marathon District Captain and Lieutenant
have regional responsibilities in addition to theirresponsibilitiest0 Marathon.
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e staffing for this contract has beendeveloped using a 5.21 staffing
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ratio. This ratio is used to plan the proper n of offices to maintainShift N
coverage considering unplanned absences due to injury,i1baess,vacation, y
training d family and medicalleave. The Captain will nuke an reasonable efforts
to coordinate si administrative leave to provide optimum
service to Marathon. MCSOappropriate staffing at all times.
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e Captain shall attend any meetings that the onaly
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quest,eg. those of the City Council. r_
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services:
Apart froms Contract,MCS0 shall also provide all services to Marathon
on e same terms and at no additional charge or expense as they are provided to the
residents of Monroe County.
of personnel and selection Captain: E
MCSO recognizes the desire of hl=thon that the Marathon District be
composed of officers o arewell acquaintede community and its residents 0
andwith whom the residents can establish a face-to-face rat, ort and long-
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Contmct Local P Y
Monwe GounW Sheiffs Office and the City of Manthon
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relationships. a o eco e obligation of MC SO to treat all of officers cv
fairlyCD
concerning requests for transfer and care to maintain cV
order and discipline, shall endeavorto establish and maintain a stable
contingent in the Marathon District
e City Managerlay-an integral part in the selection of officers for
assignment promotion e on District. e Manager will be
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ven e opportunity review e eI files,training records,and disciplit�
record of these officers and be a member of their selection and promotionalboard, °'
7-Procedure for selection of DistrictCaptain t t: E
If the need arises for the selection of a District Captain or Lieutenant,the
Sheriff will consult with the City Manager before making his decision.
° officers:
MCS0 is committed to maintaining a high standard of professionalism for all U)
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of its officers. Complaints regarding officers shall be promptly and thoroughly L)
irivestigated,by MCSO Electedofficials and employeesf the CAty shall not CL
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undertake investigations of any officet Any complaint against an officer i
Marathon District must bedirected to the Captain. Upon request,the Captainshall
informer of the complaint, advise the manager of action
provideo of the investigation and resolution of the matter. If the complaint concerns the Captain, er may take the matter directlyto the
n she a -advise the Mana r any 'time an ' Deputy
draws three or morecomplaints e DcputyG-interaction wtffi the public
( ) months or ( ) such co (12)mmonths. y
or ultimate c
Marathon understands,acknowledges s that MCSO must,at all
times,have and maintain the sole responsibility-for and control of all services
including withoutlimitation,the establishment of standards of
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performance and con du ro o on,discipline and termiriation,labor
relations,as well as all other matters necessary or incident to the performance o
sach services.
Consistent vith the City charter,no elected official or employee of the City �
may direct the actions of officers of the Marathon District. e City
vill be given o e Manager` accordance with the terms of tl-�s Contract.
10-Attention to needsMarathon;
MCSO will work together with Marathon to direct police services to meet
the expressed needs of the residents of Marathon. The Captain shall meet with the )
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Coaftact for Lx=1 _
Monroe County SherWs Office and tfic Cate of Marathon
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Manager frequently tD learn of community concerns shall os y e
Alanager to devise plans and methods best suited to respond to those concerns. The
Captain shall of the Manage2s Senior Management Team.
employees11-Officers not
All deputies and other personsemployed by MCSO to perform services
under this Contract are and shall.remain in the sole employment of MCSO and no
such on shaU be considered e employ of Marathon for the purpose of any 0
pension,insurance, serviceworkees compensation y or other benefits.
MCSO officers are not agents or employees of the City,and will not have the
authority to enter is or make policy on behalf of the City.
ordinances:12-Erfforeement of municipal
Every member of the Marathon District will be authorizedon a law
to enforce the crintuLd munidpal ordinances of Marathon. Marathon agrees to
provide SO six copies and every member of its District one copy of such
ordinances. Further,Marathon agrees to provide the Captain,the Undersheriff and
MCSO General Counsel the text of proposed ordinances in e sufficient for 0
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review and discussion with City officials and their advisors. C e
officials advice from a pracdcal law enforcement perspective concerning y
proposed ordinance.
claims, 'ces of suit,and lawsuits:
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The patties shall.provide each otherwith complete prompt notification
of any legal claim,notice of suit,or lawsuit thatLinvolves the provision of services cv
ere ,and shall cooperate in the mutual defense of any such clamm
City,as a state or subdivision de e 76 .2 ,Florida
Statutes,agrees to be fully responsible to die Emits set forth in such statate for its
negligentown acts or o ssios,or intentional `o which result in
claim or suits against either JACSO orCity;and agrees to be liable to the statutory
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limits for any damages proximately caused by said acts or on-uissions,or intentional
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tortious acts. c
MCSO,as a politicalsub-division of the State of Florida,as defined in
Section 7 .2 ,Florida Statutes,agrees to be fully responsible to the limits set forth
in such statute for its own neghgent acts or ornissions, or intentional tortuous acts,
resultwhich in claims or st&s against either the City or MCSO, es to be
liable to the statutory ' is for any damages proximately caused by said acts or
omissions,or intentional tortious acts.
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Contrixt lot Iacgd PoNce s-FY 2K&2021
Monroe County e ' e Office and the City of
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v contained s Se o agreement s be co to n,
a wai3w by either party of any of die protections provided by sovereign immunity or
any other , °including the protections statutory caps on liability
contained in section 768.28 of the Florida Statutes,as well as any other
provisionof law Nothing contained herein shall be construed to be a consent by W
either party to be sued by third parties in y matter arising out of d3is agreement or
y other agreement
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1 f patrolvehicles:
MCSO shall ensuret every member of the Marathon District is provided E
with a matked patrol vehicle and uniforms. City of Marathonpatrol cars will clearly 2
marked as such.
ct cost and payment:
Marathona. ees to pay for services, equipment,and supplies provided
firstduring the year s Contract(1 /01/2018- 9/ - 019) the sum described
on it A, attached and incorporatedy reference herein. This sum is referred to 0
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as e"'Contract rice"
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b. Marathon will pay / w s (2/12 or 16.67%) of the total
contract price to the Monroe County Clerk of Court no later d=October15,2018.
Thereaftiet;Marathon shall pay a of the total contract price no later
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November 1,2018 and on or before the first day of each succeeding n the
total contract price is paid.
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C. MCSO wiR provide a fiiUy marked and properly equipped police
vehicle for each memberof die Marathon District. Marathon will pap 0 monthly
vehicle costs in advance to MCSO,and will pay or provide for fuel,maintenance,and
other operating costs for all vehicles as ° to the Marathon District
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e. In future Contract years, tfi y the costs of acquiring
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replacement vehicles for the Marathon Distrim MCSOreplace the Marathon o
vekdes accordnig to the terms of the then current velucle replacement policy of
MC SO.
f. All vehicles paid for by City wA at the end of their service life,be
property of City.
9. Marathon d MCSO may agree to purchase goods and services not
specifically addressed in this contract upon such terms and conditions as are 'a
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mutually agreed upon by the parties in writing, 0
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Contract for Loeml Po
Monme County ShedW&Office and the City or Marathon
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16-Cost reports/Contract Priceoptions:
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MCSO will provide Marathon r-nonNy financial reportsshowing costs
incurred by MCSO and Monroe County to provide services under this Con tram
If incurred costs equal theNinety-five t( %)of the total costs
recited in s Con .
MCSO may stop providing any of the services in order not to exceede
Con ;
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Marathon y issue a written commitment to MCSOto pay for additional
services as agreed to by Marathon and MCSO.
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At the end of each fiscalyear, ed costs will be reconciledwith tot L)
payments e y to et e o
balance. incurred costs exceed total payments,Marathon will reimburse MCSO
for dic excess casts ( 0)days of the end of that fiscal year. If total payments
costs,exceed incurred se Marathon for the excess payment
amount on or before Much 3 1 st of the following fiscal year.18-Future year W
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a. Marathon`and I CSv will negotiate payment for the second and thirdN
years of d3is Contract in e sufficient for preparation of budgets and tax roll& y
agreementWhen is reached, e City Manager will prepare a memorandumstating
e new terms and acknowledgingon's acceptance of them. A resolution o
e Monroe County Board of County Commissioners,sponsored by the S )
zdmowledging the new temis, sha be sufficient to amend the financial terms of this 9
Contract o
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the parties are unable to agree on payments for fiature years on a
timely basis,then and in that event this Contract shall terminate on Septrmber 30t
of the then current Contract
19-Traffic fines and forfeitures:
e parties acknowledge odds entitlement to fines and forfeitures
purs t to 18.21,Ha. Stat. (2002),as from time to time amended.
2 Forfeiture Act proceeds: 0
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Contract for Local Police SeMces-
ae Ccnmty SherWs Office and the Chy of himthm
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e parties shaR determine an equitable share for Marathon of proceedsof CD
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y forfeiture, from which MCSO successfully forfeits cash or property exceedingcV
10,000.00 pursuant to the Florida Contraband Forfeiture Act,in cases involving e
participation of officers of the Mamthon District. This share s e
do that the Marathon District's participation bears to the parddpadon of all law
enffitcernent agencies participating in the °crininal.case,seizure, and subsequent
forfeiture. This share shall be deposited by MCSO in the Shexiffs Law
Enforcement Trust Fund for the Sheriff's use in thon. Marathon may apply to 0
the Sheriff for the use of such funds consistent e limitations of the
Contraband ForfeitureAct: The Sheriff submit such request to the
Monroeo Commission for appropriation, and upon appropriation,will use the E
funds for the intended purpose.
The parties agree that the decision to use or dispose of personal or real
property seizedon shall be ' a sole discretion o . If M C
elects to use such seized al property outside of Marathon or to sell seized
Marathon real estate,MCSO shall 211ocate funds to the Law Enforcement Trust
Fund in ount to Nlatathon1s equitable share of the market value of the property
less liens,mortgages,encumbrances and MCSO's costs of seizure o ei e. In
both cases,the allocated share shall be earmarked for use by
Marathon.
. .es and offic expense:
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22-Law enforcement education assessments:
Marathon agrees to retain and separately c t for all monies currently
received by it from the Clerk of Court attributable to assessments of court co
intendedfor criminal justice training purpos o e said s to
MCSO n request MCSO will use the funds solely for law enforcement W
education as required by law. Any new assessments enacted by the City for law 0
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enforcement training purposes will be shared betweenCS the City for the e
purposes intended by law. o
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to
e pardes recogT&e their obligationto provide emergency assistance to
other jurisdictions (including out ' e Cities of Key West,Marathon,
y Colony Beach, on,the Ocean Recf Public Safety District,unincorponted
Monme County and any municipalities °incorporated in Monroe County aftex the
effective date of this Contract)pursuant to the Florida MutualAct and in the
event of catastrophe- y direct Marathon District officers to render aid in 0
either se in consistent consistentwith the deployment by MCSO of other
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Con for Imcal Policeces-FY 201&2= E
Montee ShenTs Office md the City of hfim6oa
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officers without financial set-off or deduction by Marathon. The Manager will be CD
given04
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ossible notice of such deployment and writtenreports of the actions of C44
officers so deployed uponrequest
headings not 's i 'v :
e parties agree that the headings given the paragraphs and other
subdivisions of this Contract are for case of reference only and are not dispositive
e interpretation of Contract langtnge. 0
presumption ' r:
e parties allce that this Contract has been freely negotiated by bothE
parties,and at,in y dispute over the meanin&interpretation, ty,or 2
enforceability of this Contract or any of its terms or provisions,there shall be no
presumption whatsoever against either party by virtue of their having drafteds
Contract or any portion thetCOE
e remainder of this page in tentionaBy Jeft blank
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Contcact for Local Police 2
Monroe Cotanty e ° s Cffwe and the City of blamthon
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to on �2018. N
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Monroe County Sheriffs Office E
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By:
Sheriff Richard A. lay ' 0
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City of Marathon
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Mayor
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City Clerk Q
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Conftact for Imml Police Semcce-FY
Mono Cmmty Sheciffe Office and the City of blarmhon
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BOARDOF COUNTY COMAUSIONERS OF C 1D
MON OE COUNTY,FLORIDA CD
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By
Mayor/Chairperson
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Attest° , 1MVIN MADOK
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Deputy Clem
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Contract for local PoHm 3 FY 2018-2M
Mo=e County She"s Office and the City of Marathon
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ED
18 i
ED
ED
BUDGET sMARATHON
2 YWLR COMPARMON FOR FYI 2019 TO M 2.19
ADOPTEDED
INJOGIF-11, DiFF"MMOM
z„.. rraa r8 is 15
0
f smarlim M,063365
Taxes 1 ?,1 5
ReftmW. .615 15
We . 1w %4W �
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Prcfeeelbmt awtjos 3.700 V
Se
Tramig Wit Di �9CN
commmfomflaw 6 5.
fmvtd&pasuge 200
way swwkeA
27.450. t8
RBWM 5 hbkftrqnCa
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Ad"AMingr
office s 2AM 2,
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op-ma's&Jmbn Kilo 94A15
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to " as
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TOTAL SUDGET
DOM"COSTS
185,19% 9aS,191
Workees Compsmallen 35=0 36A85 1,336 �
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TOTAL
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t9 U
10
Packet Pg. 2770