Item J3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19. 2001
Division: Monroe County Sheriffs Office
Bulk Item: Yes -X- No
Department: Monroe County Sheriff s Office
AGENDA ITEM WORDING: Approval ofFY 2002 local road patrol law enforcement service
between the City of Marathon, Monroe County Sheriffs Office, and Monroe County Board of County
Commissioners.
ITEM BACKGROUND: This is an extension of the contract approved by the Board of County
Commissioners on June 28, 2000.
PREVIOUS RELEVANT BOCC ACTION:
Same as above.
CONTRACT/AGREEMENT CHANGES: Contract price changed from $1,018,318.59 to
$973,245.00. Term extended to September 30,2002. Payment interval changed. Method specified to
credit FY 2001 surplus to City of Marathon.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes~ No;; AMOUNTPERMONTH_. Year _-
APPROVED BY: County AttYI~MBlPurchaSing _ Risk Management
___,
DIVISION DIRECTOR APPROVAL:
4/ff~~
~ Richard D. Roth, Sheriff
DOCUMENTATION:
Included X
To Follow_ Not Required_
AGENDA ITEM #~~
DISPOSITION:
Revised 2/27/01
AGREEMENT BY AND BETWEEN
THE SHERIFF OF 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 "CITY"), and the Monroe County Sheriff's Office (hereinafter referred to collectively as
"MCSO"),
WITNESSETH:
WHEREAS, the CITY is desirous of maintaining a high level of competent
professional police service in conjunction and harmony with its fiscal policies of sound,
economical management, and
WHEREAS, MCSO has agreed to render to the CITY a continuing high level of
professional police service, and the CITY is desirous of Agreeing to receive such services
based upon the terms and conditions hereinafter set forth,
WHEREAS, the CITY is desirous of providing its daily police service through an
Agreement with MCSO.
NOW THEREFORE, in consideration of the sums hereinafter set forth and for other
good and valuable considerations, the receipt and legal sufficiency of which are hereby
acknowledged, it is hereby agreed as follows:
ARTICLE I
POLICE SERVICES
MCSO shall provide to CITY for the term hereinafter set forth, as the same may be
extended in accordance with the provisions throughout the corporate limits of CITY to the
extent and in the manner hereinafter described.
1.1 For the purposes of this Agreement, the following terms shall have the
respective meanings hereinafter set forth:
1.1.1 Patrol Unit A patrol unit shall be defined to mean one marked patrol car
with one uniformed Deputy Sheriff and all standard support equipment.
1.1.2 Marathon District shall mean within the Municipal boundaries of the City Of
Marathon.
1.1.3 Service shall mean comprehensive police protection provided each day pf ..
the year on a twenty-four (24) hour per day basis ~
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1.1.4 Shift shall mean and include service provided on a 12 hour basis (except
supervisors may be assigned as needed). Unless revised by mutual agreement of the
parties, the commencement hour of any shift shall be determined and established from time
to time by MCSO.
1.1.5 Citv 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, 2001, 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
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incoming time of the call to the time an officer arrives on the scene of the emergency call.
While responding to emergency calls, MCSO shall maintain safe operations.
1.4 The uniformed patrol units shall provide vacation-house-check services and
premises surveillance not less than once during each twenty-four (24) hour period, for each
resident of the CITY who registers for such service, with the exception of staffing shortages,
unforeseen catastrophic events, and emergencies which effect the life, health and safety of
all served in Marathon. If a staffing shortage should arise, the Marathon City Chief shall
insure the immediate resumption of vacation-house-check services and premises
surveillance once the staffing shortages have been addressed. MCSO City Chief shall
provide a written report consisting of a listing of each resident that did not receive the
vacation-house-check services and premises surveillance within the 24 hour period.
Included within this report shall be an explanation of the inability to conduct this service
within the prescribed 24 hour period. The uniformed patrol unit shall provide a high
profile presence in both residential and business areas. Vacation-house-check services and
premises surveillance reports shall be provided to the City Manager on a weekly basis.
1.5 At the request of the City Manager, one uniformed Deputy Sheriff shall be
available to attend each regular and special City Council meeting at no additional cost to
the City. This uniformed officer shall come from the staffing structure provided for in
section 1.2. In addition, the City Chief or his/her designee shall attend such other meetings
as may be requested by the City Manager.
1.6 At the discretion of the City Manager, a Criminal Investigations Unit shall be
established to conduct the necessary investigations of criminal activity within the CITY. The
District Criminal Investigations Unit is a specialized assignment within the CITY for-
particular investigations where and as the need for it requires. The Unit shall not operate in
the traditional shift structure. The Criminal 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 Un it.
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.
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:
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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 Response
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
Pol ice legal advisor
Prisoner detention and transport
Property and evidence
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Public information's officer
Records
Regional administration
School crossing guards
School resource officers and DARE instructors
SWAT team
Traffic unit
Training
ARTICLE III
MAINTENANCE OF ABILITY
3.1 MCSO shall furnish to and maintain for the benefit of the CITY, without
additional cost therefor, all necessary labor, supervision, equipment, vehicles,
communication facilities and supplies necessary and proper for the purpose of performing
the services, duties and responsibilities set forth and contemplated herein and as necessary
to maintain the level of service to be rendered thereunder.
3.2 MCSO shall ensure that every member of the Marathon District is provided
with a marked patrol vehicle and uniforms marked as described on the attached Exhibit B.
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.
ARTICLE V
EMPLOYMENT RESPONSIBILITY
5.1 All law enforcement officers, deputy sheriffs and other persons employed by
MCSO in the performance of such services, functions and responsibilities as described and
contemplated herein for the CITY shall be and remain MCSO employees.
5.2 MCSO and Monroe County shall be responsible for all insurance benefits,
civil service benefits, compensation and/or other employee rights during the course of
employment with MCSO. Accordingly, the CITY shall not be called upon to assume any
liability for or direct payment of any salaries, wages, contribution to pension funds,
insurance premiums or payments, workers compensation benefits under Chapter 441, F.S.
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or any other amenities of employment to and MCSO personnel performing services, duties
and responsibilities hereunder for the benefit of said CITY and the residents thereof of any
other liabilities whatsoever, unless otherwise specifically provided herein. MCSO is, and
shall be in the performance of all work, services and activities under this Agreement, an
independent agent and not an employee, agent or servant of the CITY.
ARTICLE VI
EMPLOYMENT; RIGHT OF CONTROL
6.1 MCSO shall have and maintain the responsibility for and control of the rendition
of the services, the standards of performance, the discipline of personnel and other matters
incident to the performance of the services, duties and responsibilities as described and
contemplated herein.
6.2 The parties acknowledge that it is important for the City to have MCSO personnel
who are acquainted with the general make-up of the CITY and are familiar with the
geography, its industrial, business and residential composition, and its crime problems.
6.3 The City Manager shall have the right to require MCSO to transfer up to 20% of
personnel, not to exceed 2 uniformed deputy sheriff(s), out of the City of Marathon on an
annual basis, for any reason whatsoever. The removal of officers described in this section
may be dependent upon a sufficient number of regional officers/sergeants available. In
addition the City Manager shall have the right to remove additional uniformed deputy
sheriff(s) from the Marathon District under the terms of the removal procedures outlined in
section 6.4 below.
6.4 In the event the City Manager becomes dissatisfied with the performance of the
additional personnel assigned to the Marathon District by MCSO, the City Manager shall
provide written notice to the MCSO. Thereafter, representatives of MCSO and the City
shall meet to discuss possible remedies of the problems experienced by the CITY. MCSO
agrees to act in good faith in resolving any problems experienced by the CITY, and MCSO
agrees to transfer said personnel within 35 days of notification by the CITY, and
replacement personnel will be assigned to the CITY in accordance with this Agreement.
6.5 The transfer of any additional personnel shall be only by a joint agreement
between MCSO and the City Manager. The rights of the City Manager to transfer personnel
out of the City of Marathon, pursuant to this paragraph and section 6.3 and 6.4, do not
include the Captain, which may be transferred by the City Manager pursuant to Article XII.
6.6 The MCSO shall have the discretion to transfer or reassign any personnel out
of the City of Marathon for the following reasons:
1. Situations where a deputy/sergeant requests a transfer in order to accept
a promotion or special assignment which has been offered to him or
her by MCSO based upon his or her special education qualifications or
career path.
2. Disciplinary reasons.
3. Failure of a deputy/sergeant or employee to meet MCSO performance
standards.
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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.
ARTICLE VIII
CONSI DERATION
8.1 8.1 The CITY shall pay to the Clerk of Court 16.7% (approximately two
twelvth's) of the total contract price no later than October 1,2001, and 8.33% on the first
day of every month thereafter until the total contract price is paid. The total contract price
is $973,245.00.
8.1 .1 Appl ication of FY 2001 contract surpl us: On or before September 1 5, 2001,
MCSO will provide the City a written estimate of surplus funds remaining after payment of
the City's obligations under the previous contract between the City and MCSO. The
estimated surplus will be credited against the October 2001 payment due MCSO. The
credit will be adjusted as necessary when the county's auditors complete their audit of
MCSO. Any adjustment will be made in the month after the audit is finished.
8.2 The analysis of the total costs enumerated herein for MCSO to provide municipal
policing services in the City of Marathon, has been attached as Exhibit 'A'. Any additional
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costs for municipal policing services may only be approved by the City Manager and shall
not exceed 5% ($48,662.25) of the Agreement amount of $973,245.00. Municipal Policing
Service levels shall not fall below those levels described in Article I with the exception of
those services provided in Article X and an unforeseen catastrophic event.
8.3 In the event the City requires municipal policing services beyond those outlined
within this agreement, the costs associated with this increased service shall be consistent
with those costs outlined in Exhibit 'A'.
8.4 If at the conclusion of each fiscal year of each term outlined in this agreement,
incurred costs are less than the total costs recited in this Agreement, then the remaining
balance as determined by MCSO external auditors shall be carried forward for application
in the next Fiscal Year.
8.5 The City of Marathon and MCSO will negotiate payment for the second year of this
Agreement in time sufficient for preparation of the City's budget as well as the Sheriff's
budget. If the parties are unable to agree on payments for the second year on a timely
basis, then and in that event this Agreement shall terminate on September 30th of the current
Agreement period.
ARTICLE IX
FINES, FOREITURES/SEIZURES
9.1 All law enforcement education funds levied and collected by the Clerk of
the Court and earmarked for CITY pursuant to Section 943.25, Florida Statutes, may be
assigned over to The MARA TON DISTRICT and used by the MARATHON DISTRICT for the
law enforcement education purposes authorized in said statute. Apart from such funds, The
MARATHON DISTRICT shall have no claim or right to any other monies or things of value
which CITY receives or may hereinafter receive by way of entitlement programs, grants or
otherwise in connection with police or law enforcement activities.
9.2 CITY and MCSO do hereby acknowledge, one to the other, that nothing
contained herein shall in anyway be construed to impair the CITY's right to the disposition
of fines and forfeitures to which the CITY would be entitled, pursuant to Section 316.660
Florida Statutes, as the same may be amended from time to time, or as to net proceeds and
forfeitures (as shown by actual costs provided by the Sheriff to the City) arising under the
sale or disposition of unclaimed property or under any statutory or common law proceeding
to which the CITY would otherwise be entitled, except as limited herein.
9.3 MCSO agrees that any currency seized within the CITY, through active
participation of the Marathon District's personnel, pursuant to this agreement and Chapter
932 of the Florida Statutes, and subsequently forfeited to the MARATHON DISTRICT, shall
be deposited into the City's Law Enforcement Trust Fund established by the City of
Marathon in an amount which represents the Marathon District's share, as defined in
paragraph 9.7, of such currency. Said funds shall be and shall always remain in the
ownership of the CITY and the MARATHON DISTRICT shall not have any right to
ownership and control of such funds. During the term of this Agreement, such currency
may be earmarked for the MARATHON DISTRICT's use within the confines of the City,
upon approval of the CITY.
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9.4 Upon concurrence of the City Chief and the City Manager, the MARA THaN
DISTRICT may apply to the CITY for the use of such funds, within the boundaries of the
CITY, if such application is in compliance with Florida Statutes. Said request shall first be
submitted to the MCSO legal advisor for a determination of the legality of the request. The
MCSO legal advisor shall render such opinion within 15 days of written request of the
CITY. The MARATHON DISTRICT agrees to submit such application to the City Council
for appropriation accompanied by a written certification that the request complies with the
provisions of S932.7055 (4) Florida Statutes. Upon appropriation, such funds shall be made
available to the MARA THaN DISTRICT for its designated use within the confines of the
City.
9.5 The parties agree that the decision to dispose of or use personal property
seized within the CITY through active participation of Marathon District personnel shall be
in the sole discretion of CITY. The MARATHON DISTRICT may apply to CITY to use such
personal property outside of the CITY, and, if approved by the CITY, the MARATHON
DISTRICT shall allocate funds to the City's Law Enforcement Trust Fund equivalent to the
Marathon district's share, as defined in paragraph 9.7, of the mutually agreed upon fair
market value of such personal property less any lien on such property. In the event the
MARA THaN DISTRICT decides to use such personal property within the CITY, such
property will be used within the CITY until the earlier of disposition of such property or
termination of this Agreement. In the event the property is disposed of prior to termination
of this Agreement, the MARATHON DISTRICT shall allocate the net proceeds from said
disposition to the City's Law Enforcement Trust Fund. In the event that this Agreement is
terminated prior to the disposition of the property, said property shall be turned over to the
CITY. During the term of this Agreement, such funds shall be earmarked for the
MARA THaN DISTRICT's use within the confines of the CITY.
9.6 The parties agree that the decision to use or dispose of real property seized
within the CITY, through active participation of Marathon personnel, and subsequently
forfeited to the MARATHON DISTRICT, shall be in the absolute and sole discretion of the
CITY. The MCSO/ MARA THaN DISTRICT may request the CITY's approval to dispose of
such real property, The MARATHON DISTRICT shall allocate funds to the City's Law
Enforcement Trust Fund equivalent to the Marathon District's share, as defined in paragraph
9.7, of the mutually agreed upon fair market value of such real propertyless any loans,
mortgages, liens, or any other encumbrance on such property. During the term of this
Agreement, such allocated funds shall be earmarked for the MARATHON DISTRICT's use
within the confines of the CITY. In the event the MARATHON DISTRICT decides to use
such real property and the property is subsequently disposed of prior to termination of this
Agreement, The MARATHON DISTRICT shall allocate the net proceeds from said
disposition to the City" Law Enforcement Trust Funds. During the term of this Agreement,
such funds shall be earmarked for the MARA THaN DISTRICT's use within the confines of
the CITY.
9.7 The Marathon District's share shall be based upon the ratio that the
Marathon District's personnel's participation bears to the participation of all law
enforcement agencies' and units' participating in the seizure of the property.
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9.8 MCSO shall, on a monthly basis, supply the CITY with a written report of
the above-descried fines and forfeitures. Such report (s) shall include a description and
estimate of value of properties seized under the laws of the State of Florida, whether or not
disposition thereof has been adjudicated. Moreover, such report (s) shall be amended, from
time to time, by reflecting the ultimate disposition of property described in an earlier report
(s), and such amendatory report (s) shall be submitted to the CITY within ten (10) days of the
ultimate adjudication with regard to the seizure of such property.
ARTICLE X
MUTUAL AID
10.1 The parties recognize their obligation to provide assistance to other
jurisdictions (including without limitation the Cities of Key West, 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 DETAilS
11.1 Any and all special details performed for the CITY shall be paid based upon
the terms and conditions of the CITY's permit filed with MCSO Special Details Unit.
11.2 MCSO Marathon District personnel will be assigned to CITY Special Event
details within the City of Marathon, unless interested personnel from the Marathon District
cannot be identified. MCSO agrees that personnel assigned to the Marathon District will be
offered the opportunity to work special details so designated by the City manager. The City
Manager will use his/her best efforts to notify the MCSO Special Detail Office in writing at
least five (5) days prior to an event in which Marathon District personnel are requested. All
such personnel shall be assigned by MCSO's Special Detail Office in accordance with
MCSO's policies and procedures and subject to approval of the City Manager.
11.3 MSCO shall continue to provide special details within the City, which have
been historically provided, at no extra cost to the City.
ARTICLE XII
CITY CH I EF
12.1 The City Chief shall, among other specified duties, act as liaison between
the CITY and MCSO.
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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
shall agree to commence removal procedures of the City Chief. If the City Chief has been
replaced whether through removal, promotion, or any other reason, MCSO shall provide a
list of three (3) or more candidates to fill the position to the City Manager and Monroe
County Sheriff shall interview these candidates and jointly approve the selection of the new
City Chief.
12.3 The City Chief and City Manager will collectively be responsible for all
emergency management duties of the CITY.
ARTICLE XIII
DISTRICT OFFICE
13.1 MCSO shall maintain a division headquarters in the CITY, which division
headquarters shall be referred to and known as "City of Marathon, Monroe County Sheriff's
Office". As of the date of the commencement of this agreement, MCSO and the City of
Marathon recognize that the Monroe County Sheriff's office in the City of Marathon is
currently located at 3130 Overseas Highway, Marathon, Florida, which is owned by
Monroe County.
13.2 MCSO shall maintain the District Office, in a clean condition, free from
debris, normal use excepted.
13.3. MCSO shall pay for all utility costs including, but not limited to, telephone,
electric, and water for the District Office.
13.4 CITY agrees to provide MCSO with access to the CITY's utilities records, tax
roll records, and any other records maintained by the CITY where access would enable
MCSO to investigate possible criminal activity and/or provide the expected level of law
enforcement service to the residents of the CITY.
ARTICLE XIV
INSURANCE
MCSO shall maintain, in addition to those policies of insurance required and
contemplated in Article VI hereof, policies of liability, automobile, excess automobile, in
the amounts hereinafter described:
14.1 General Liability
$1,000,000/$2,000,000
14.2 Automobile Liability
$1,000,000/$2,000,000
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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.
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
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intentional or negligent acts or omissions of MCSO, its employees, agents, or servants and
MCSO shall indemnify the CITY, its officials, agents, servants and employees, for damages,
judgements, claims, costs, expenses, including reasonable attorney's fees, which CITY, its
officials, agents, servants and employees, might suffer in connection with or as a result of
the intentional or negligent acts of MCSO, its employees, agents, or servants. For purposes
of this provision, CITY employees shall not be deemed agents or servants of MCSO and
MCSO employees shall not be deemed agents or servants of CITY.
ARTICLE XVI
INDEPENDENT CONTRACTOR
MCSO, for the purposes of this Service Agreement, is and shall remain an
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,
2001 and ending September 30, 2002, all dates inclusive, unless this Service Agreement be
otherwise extended or terminated in accordance with the terms hereof.
ARTICLE XVIII
OPTION TO RENEW
This Agreement may be renewed for a one- (1) year period upon mutual agreement
of the parties. The CITY agrees to furnish MCSO notice of its intent to renew this
Agreement no less than ninety (90) days prior to the expiration of this Agreement.
ARTICLE XIX
TERMINATION
MCSO does hereby acknowledge that CITY is making this Agreement in reliance
upon MCSO's fulfillment of the obligations herein imposed for the full term contemplated
herein. Accordingly, MCSO does hereby acknowledge that the CITY shall have the right of
termination and the CITY does hereby acknowledge that MCSO shall have the right of
termination as outlined in the sections below.
19.1 CITY and MCSO may terminate this Service Agreement at its discretion either
with or without cause, by giving written notice thereof to MCSO; provided, however, that
such termination shall not be effective until the ninety-first (91) day after the receipt thereof
by MCSO.
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.
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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.
ARTICLE XXI
EQUIPMENT APPRAISAL AND TRANSFER PROVISION
21.1 In the event of termination or upon the expiration of this Agreement, CITY
shall have the option to purchase from MCSO any piece of equipment, including police
vehicles, directly attributable to or in use by the Marathon District at the time of such
termination in connection with the services contemplated herein.
21.2 The purchase price for such equipment shall be determined by mutual
agreement of the parties as to their fair market value of such equipment.
21.3 MCSO will provide Marathon, no later than October 1, 2001, 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.
21.4 If Marathon does not agree that the depreciated value of any item is
reasonable, it shall so inform MCSO in writing and provide a written signed appraisal
prepared by a competent appraiser.. This notice must be delivered contemporaneously with
Marathon's notice of exercise of its purchase option. If MCSO does not agree with the
appraised figure, it shall so inform Marathon in writing and provide a written signed
appraisal prepared by a competent appraiser. This notice must be provided no later than
thirty (30) days after receipt of Marathon's notice of objection to the depreciated price. If
Marathon does not agree with MCSO's appraisal, and the parties cannot agree upon a
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purchase price, Marathon must give MCSO written notice of this fact no later than ten (10)
days after receipt of MCSO's appraisal. The parties shall then select a third appraiser,
whose opinion shall be final. The parties will pay an equal share of the fees of the third
appraiser.
21.5 Upon the exercise by the CITY of its option to possess the subject equipment,
MCSO shall convey all of its rights, title and interest, thereto, including police vehicles, to
the CITY by Bill of Sale Absolute or Certificate of Title, as applicable.
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ARTICLE XXII
AUTHORITY TO EXECUTE: NO CONFLICT CREATED: PREVAILING PARTY
22.1 The Sheriff by execution hereof does hereby represent to CITY that the Sheriff
has full power and authority to make and execute this Service Agreement pursuant to the
power so vested in him under Article VIII of the Constitution of the State of Florida and the
Statutes of the State of Florida, to the effect that:
22.1.1 His making and execution hereof shall create a legal obligation upon the
Sheriff's Office of Monroe County, Florida, which shall be legally binding upon the Sheriff's
Office of Monroe County;
22.1.2 The same shall be enforceable by the CITY according and to the extent of
the provision hereof.
22.2 Nothing herein contained or no obligation on the part of MCSO to be
performed hereunder shall in any way be contrary to or in contravention of any policy of
insurance or surety bond required of the MCSO pursuant to the laws of the State of Florida.
22.3 The City Manager, Mayor and City Clerk, by their respective executions
hereof, do each represent to MCSO that they, collectively, have full power and authority to
make and execute this Service Agreement on behalf of the City of Marathon, pursuant to the
Resolution of the City Council of the CITY.
22.4 Nothing herein contained is in any way contrary to or in contravention of
the Charter of the City of Marathon and the laws of the State of Florida.
22.5 If any litigation arises out of this agreement (including appellate proceedings),
the prevailing party is entitled to recover its Attorney fee's and costs.
ARTICLE XXIII
NOTICE
All notice required hereunder shall be by first class mail, except that any Notice of
Termination shall be mailed via U.S. Mail, return receipt requested and any notice required
hereunder shall be addressed to the party intended to receive same at the following
addresses:
23.1
CITY:
Craig Wrathell, City Manager
City of Marathon
210 North University Drive
Suite 301
Coral Springs, Florida 33071
and
Nina Boniske, City Attorney
John R. Herin, City Attorney
Weiss, Serota, Helfman, Pastoriza & Guedes, P.A.
2665 South Bayshore Drive
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Suite 420
Miami, Florida 33133
23.2
MCSO: Sheriff Rick Roth
Monroe County Sheriff's Office
5525 College Road
Key West, Florida 33040
Mark L. Willis
Attorney, Monroe County Sheriff's Office
5525 College Road
Key West, Florida 33040
ARTICLE XXIV
NON-ASSIG NABI 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 ClTY, 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.
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ARTICLE XXVI
BINDING EFFECT
This Agreement shall inure to the benefit of and be binding upon the respective
parties' successors.
Agreed to on
Monroe County Sheriff's Office
By:
Sheriff Richard D. Roth
Approved for legal sufficiency for the Monroe County Sheriff Office
By:
Mark L. Willis, General Counsel
SEA L
Marathon, City of
By:
Mayor Robert Miller
ATTEST:
City Clerk
Danny L. Kohlage, Clerk of Court
Board of County Commissioners
Of Monroe County, Florida
By:
Deputy Clerk
Mayor/Chairman
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