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Item K2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2012 (Marathon) Bulk Item: Yes X No Division: JMonroe County Sheriff's Office Department: Legal Staff Contact Person/Phone #: Patrick McCullah 292-7020 AGENDA ITEM WORDING: Approval of Contract for Local Police Services with the City of Marathon, the Monroe County Sheriffs Office and the BOCC. ITEM BACKGROUND: This new (3) year Contract for Local Police Services continues the existing provision of police services to the City of Marathon by the Monroe County Sheriff's Office. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved a previous (3) year Contract for Local Police Services and the price revisions for each contract year. CONTRACT/AGREEMENT CHANGES: The new contract revises pricing and amends various operational provisions. No substantial changes. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $1,463,929.00 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: $0,00 SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year APPROVED BY: County Atty� OM /Pu/Aaas/mg Risk Managementak DOCUMENTATION: . Included Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: The City of Marathon, Contract # MCSO and the BOCC Effective Date: 10/01 /2012 Expiration Date: 09/30/2015 Contract Purpose/Description: Approval and authorization to execute Municipal Police Service Contract with the City of Marathon, the Monroe County Sheriff's Office and the BOCC. Contract Manager: Patrick McCullah (Name) for BOCC meeting on 09/21/2012 292-7020 MCSO (Ext.) (Department/Stop #) .genda Deadline: 09/04/2012 2:00 CONTRACT COSTS Total Dollar Value of Contract: $ 1,463,929 Current Year Portion: $ Budgeted? Yes❑ No ❑ Account Codes: - - - Grant: $ - - - County Match: $ - - - Estimated Ongoing Costs: $_/yr (Not included in dollar value above) ADDITIONAL COSTS For: ities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Division Director Date In Needed Rev,e er Yes❑ No Risk Management O. ./P asing p 0 Yes❑ No[`� '��'12` Yes[:] No0 -'31-12, h County Attorney B���f� Yes[:] No© 6-3a -Rota Comments: OMB Form Revised 2/27/01 MCP #2 Contract for Local Police Services Monroe County Sheriff's Office and the City of Marathon FY 2012-2015 Page 1 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sheriff's Office and the City of Marathon Contract for Local Police Services Monroe County Sheriff's Office and the City of Marathon FY 2006-2009 Table of Contents 1-Purpose:............................................................................................................ 4 2-Parties: .............................................................................................................. 4 3-Term: ................................................................................................................ 4 4-Scope of purchased services: .......................................................................... 5 5-Other services: ................................................................................................. 5 6-Assignment of personnel and selection of District Captain: ........................ 5 7-Procedure for selection of District Captain and Lieutenant: ........................ 6 8-Complaints regarding officers: ........................................................................ 6 9-Responsibility for ultimate control: ................................................................. 6 10-Attention to needs of Marathon: ................................................................... 6 11-Officers not employees or agents of the City: ............................................... 7 12-Enforcement of municipal ordinances: ........................................................ 7 13-Legal claims, notices of suit, and lawsuits: .................................................. 7 14-Uniforms and marking of patrol vehicles: .................................................... 8 15-Contract cost and payment: ........................................................................... 8 16-Cost reports and cost/Contract Price options: ............................................. 9 17-Year-end reconciliation: ................................................................................. 9 Page 2 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sheriff's office and the City of Marathon 18-Future year pricing........................................................................................ 9 19-Traffic fines and forfeitures: ........................................................................... 9 20-Florida Contraband Forfeiture Act proceeds: ............................................... 9 21-Station facilities and office expense: ............................................................ 10 22-Law enforcement education assessments: ................................................... 10 23-Mutual aid: .................................................................................................... 10 24-Paragraph headings not dispositive:............................................................11 25-No presumption against drafter: .................................................................. 11 Page 3 of 13 Contract for Local Police Services- FX 2012-2015 Monroe County Sheriff's Office and the City of Marathon Contract for Local Police Services Monroe County Sheriff's Office and the City of Marathon FY 2012-2015 1-Purpose: The City of Marathon, a Florida municipality ("Marathon" or the "City'), and the Monroe County Sheriff's Office ("MCSC'), a subdivision of the State of Florida; and Monroe County, a political subdivision of the State of Florida ("Count'), 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. This Contract states the terms of the agreement between the parties. 2-Parties: The parties to this Contract are Marathon, MCSO and County. Any communication required to be provided to a party may be directed to: City of Marathon Roger Hernstadt Cty Manager 9805 Overseas Highway Marathon, Florida 33036 Telephone: (305) 743-0033 Facsimile: (305) 743-3667 MCSO Sheriff Robert P. Peryam Ann. Legal Division 5525 College Road Key West, Florida 33040 Telephone: (305) 292-7020 Facsimile: (305) 292-7070 3-Terns: 2015. Monroe County County Administrator 1100 Simonton Street Key West, Florida 33040 Telephone: (305) 292-4441 Facsimile: (305) 292-4544 The term of this Contract begins October 1, 2012 and ends September 30, Page 4 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sheriffs Office and the City of Marathon 4-Scope of purchased services: MCSO will provide professional police road patrol service throughout Marathon. Service will be provided a contingent (the "Marathon District"} 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 "Captain's in close cooperation with the City Manager (hereinafter "Manager's 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 the Marathon District Captain and Lieutenant have regional responsibilities in addition to their responsibilities to Marathon. The staffing plan for this contract has been developed using a 5.21 staffing ratio. This ratio is used to plan the proper number of officers to maintain shift coverage considering planned and unplanned absences due to injury, illness, vacation, training and family and medical leave. The Captain will make all reasonable efforts to coordinate training, sick, annual, and administrative leave to provide optimum service to Marathon. MCSO will maintain appropriate staffing at all times. The Captain shall attend any meetings that the Manager shall reasonably request, e.g. those of the City Council. 5-Other 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 to the residents of Monroe County. 6-Assignment of personnel and selection of District Captain: MCSO recognizes the desire of Marathon that the Marathon 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 Page 5 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County sheriff's Office and the City of Marathon relationships. Marathon recognizes the obligation of MCSO 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 Marathon District. The City Manager will 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 disciplinary record of these officers and be a member 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 Manager before making his decision. 8-Complaints regarding officers: MCSO is committed 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 Captain. Upon request, the Captain shall inform the Manager of the complaint, advise the manager of action taken, and provide a written report of the investigation and resolution of the matter. If the complaint concerns the Captain, the manager may take the matter directly to the Undersheriff. The Captain will advise the Manager any time an individual Deputy draws three or more complaints regarding the Deputy's interaction with the public within (6) months or (6) such complaints within (12) months. 9-Responsibility for ultimate control: Marathon understands, acknowledges and agrees that MCSO must, at all times, have and maintain the sole responsibility for and control of all services hereunder, including without limitation, the establishment of standards of performance and conduct, hiring, promotion, discipline and germination, 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 direct the actions of officers of the Marathon District. Direction from the City will be given through the Manager in accordance with the terms of this Contract. 10-Attention to needs of Marathon: 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 Page 6 of 13 Contract for Local Police Services- PY 2012-201.5 Monroe County Sheriff's Office and the City of Marathon Manager frequently to learn 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 Manager's Senior Management Team. 11-Officers not employees or agents of the City: All 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 person shall 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 authority to enter into agreements or make 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 General Counsel the text of proposed ordinances in time sufficient for review and discussion with City officials and their advisors. MCSO will provide City officials advice from a practical law enforcement perspective concerning any proposed criminal ordinance. 13-1,egal claims, notices of suit, and lawsuits: The parties shall provide each other with complete and prompt notification of any legal claim, notice of suit, or lawsuit that involves the provision of services hereunder, and shall cooperate in the mutual defense of any such claims. 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, which result in claims 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 -division 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 intentional tortuous acts, which result in claims or suits against either the City or MCSO, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. Page 7 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sheriff's Office and the City of Marathon 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-Uniforms and marking of patrol vehicles: MCSO shall ensure that every member of the Marathon District is provided with a marked patrol vehicle and 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 /2012-09/30-2013) the sum described on Exhibit A, attached and incorporated by reference herein. This sum is referred to as the "Contract Price." b. Marathon will 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, 2012. Thereafter, Marathon shall pay One/Twelfth of the total contract price no later than November 1, 2012 and on or before the first day of each succeeding month until the total 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 MCSO, and will pay or provide for fuel, maintenance, and other operating costs for all vehicles assigned to the .Marathon District. C. In future Contract years, Marathon will pay the costs of acquiring replacement vehicles 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 will, at the end of their service life, be property of City. g. Marathon and MCSO may agree to purchase goods and services not specifically addressed in this contract upon such terms and conditions as are mutually agreed upon by the parties in writing Page 8 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sheriffs Office and the City of Marathon 16-Cost reports/Contract Price options: MCSO will provide Marathon monthly financial 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 (95%) 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 issue a written commitment to MCSO to pay for additional services as agreed to by Marathon and MCSO. 17 Year-end reconciliation: At the end of each fiscal year, incurred costs will be reconciled with total payments made by Marathon. MCSO external auditors will determine the final balance. If incurred costs exceed total 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 will reimburse Marathon for the excess payment amount on or before March 314t 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 rolls. When agreement is reached, the City Manager will prepare a memorandum stating the new terms and acknowledging Marathon's acceptance of them. A resolution of the Monroe County Board of County Commissioners, sponsored by the Sheriff and acknowledging the new terms, 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 timely basis, then and in that event this Contract shall terminate on September 30th 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-Florida Contraband Forfeiture Act proceeds: Page 9 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sheriff's Office and the City of Marathon The parties shall determine an equitable share for Marathon of proceeds of any forfeiture, from which MCSO successfully forfeits cash or property exceeding $10,000.00 pursuant to the Florida Contraband Forfeiture Act, in cases involving the participation of officers 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 participating in the criminal case, seizure, and subsequent forfeiture. This share shall be deposited by MCSO in the Sheriff's Law Enforcement Trust Fund for the Sheriff's use in Marathon. Marathon may apply to the Sheriff for the use of such funds consistent with the limitations of the Contraband Forfeiture Act. The Sheriff agrees to submit such request to the Monroe County Commission for appropriation, 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 use such 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 Marathon'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 funds to MCSO upon request. MCSO will use the funds solely for law enforcement education as required by law. Any new assessments enacted by the City for law enforcement training purposes will be shared between MCSO and the City for the purposes intended by law. 23-Mutual aid: 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 Monroe 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 render aid in either case in a manner consistent with the deployment by MCSO of other MCSO Page 10 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sherif's Office and the City of Marathon officers without financial set-off or deduction by Marathon. The Manager will be given all possible notice of such deployment and written reports of the actions of officers so deployed upon request. 24-Paragraph headings not dispositive: The parties agree that the headings given the paragraphs and other subdivisions of this Contract are for ease of reference only and are not dispositive in the interpretation of Contract language. 25-No presumption against drafter: The parties agree that this Contract has been freely negotiated by both parties, and that, in any dispute over the meaning, interpretation, validity, or 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 drafted this Contract or any portion thereof. The remainder of this page intentronaffyleft blank Page 11 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sheriffs Office and the City of Marathon Agreed to on ,'39 , 2012. Monroe County Sheriff's Office A By: G[ (AA) Sheriff Robert P. Peryam By: 5 E A L City of Marathon Mayor ATTEST: )�" �. --- City Clerk Page 12 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sheriff's Office and the City of Marathon BOARD OF COUNTY COMMISIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson Attest: DANNY L.KOLHAGE, CLERK OF COURT By Deputy Clerk S E A L MONROE COUNTY ATTORNEY A RO EQ A?' F M: YNT iA L. HALL Date— ASSIS ANT COUNTY ATTORNEY r O r Page 13 of 13 Contract for Local Police Services- FY 2012-2015 Monroe County Sherif?s Office and the City of Marathon EXHIBIT A 25-May-12 Updated by: Amy Hea►AIIm i Llea Nnowlss - 4I30M2 (Y14) BUDGET -MARATHON 2 YEAR COMPARISON FOR FYE 2012 TO FYE 2013 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FYE 2012 FYE 2013 + OR {-) PKBMNNEL SERVICES Headcount i6 16 - Esscutlw $oiwy Regularsolarles 703.927 404.474 29,047 Ovedleu 33.106 33,108 - kn ntive 6.120 6,949 040 EsmloyarTsxw 62,948 441699 1,741 Regio nMlt Corft tlon 113.443 125,171 9.309 UnemplcyrrNrd Ca w, sskon - - Total Pomona" Services 1,001.684 1.035,410 $3,947 Expenses OIMr Than Sol rles - PM(MI IW Servkes 1.40D 1,00 OtllsrCanVassW Services 96D 640 Invsedgatlorn - Travel i Per Diem 1,300 1,300 Commurkadons (TrNphanes) 10,000 10.WO Postage 60 50 L#WNy Services - Rentole - - Ineureace 37,394 37,30 Repairs d Ale nW@nce 48.528 46.028 printing - - Omm Supplies 4,240 6.250 Opera" supplies 74.38D 76,380 - Training 4,644 4.50 Total Operating Expenses 185,11D 186.110 :a r� I /.� �S�l Iw.►� Pwlomablled finoWmerylEquip_ 76,108 78,100 Total Capitol Outlay 76.108 76,1D8 CONTWOENCY - TOTAL SMERWrg BUDGET 1,2132A 1296828 ` COLWTY Was:* - Heal81 Ineuranps 132,720 132,720 Workers Compensatlan 34,381 34,341 - CeunlyAllocotim Total County Expenses 107,101 167.101 �stlslafes TOTAL BUDGET 1,483,929 33,047` 10 Contract for Local Police Services Monroe County Sheriff's Office and the City of Marathon FY 2010-2012 Pas i o!v coubm roe Loot Poke saWoF mr 2ot -WU mongoe camq, Sty oske and dw MY at U..the,n Contract for Local Police Services Monroe County Shedirs Office and the City of Marathon FY 2010-2012 Table of Contents 1-Purpose:................N...................,...................................................................... 4 2-Paarei • 3-Ternm................................................................................................................ 5 of purchased s ' y///''����ervtces. NN..NNp...N..N.N.NN..NN!l.............................N.l.... 5-Odk services: NNN..N..N..NN.....►...N...N.M..N.............NN...........................N........6 6-Assignment of personnel and selection of District Captain :........................ 7 7-Procedure for selection of District Captain and Lieutenant:... &C"nplaints regarding officers: 8 9-Responsibility for ultimate control:................................................................ S 10-Attention to needs of Mamthon:................................................................... 8 U,Officera not employees or agents of the Ci 8 12-E fo cern ►nt of Ai.YaAicipal ordinances: .NNN.NNN.N................................NN...9 U-Legal claims, notices of suit, and lamtdta:.................................................. 9 14-Uniforms and marking of patrol vehicks:......9 .............................................. 15-Contract cost and payment: ................................................. . ........................ 9 16-Cost reports and cost/Contract Price options: ............................................ 10 17 Year-end reconciliation:..... Page 2 of 33 Cooaaat for Lord Pam snvicea py ZO1&,= mama Comey mmidft oIDoe and du City of MSM6. 18-Futtve year pricing :.................................►..................................................... 10 19-Traff fines and forfeitures: ......................................................................... 10 20-Florida Contraband Forfeiture Act proceeds:..............................................11 21Stadonfacilities and office expense: ............................................................ 22-Law enforcement educatio n assessments: .................................................. it 23-Mutual aid:...........................................................................►........................11 24-Patagraph headings not digxmdtive........... .............................. .................... 12 2-5-No presumption against drafbw..................................................................12 Pale 3 4 3 Comm b "W Pollee Senlcu. FY 2M0.2QU M moe C MW Spa Office end ft Ciq d Meea &. Contract for Local Police Services Monroe County Sheriff's Office and the City of Marathon FY 2010-20U 1 Purpose: The City of Marathon, a Florida municipal corporation ("Marathon" or the "City'); and the Monroe County Shetiff's Office ("MCSO'), a subdivision of the Stare of Florida; and Monroe County, a political subdivision of the Station of Florida ("County') have agreed that Marathon will, purchase and MCSO will provide local lacer enforcement services to Marathon in addition to regronal police services provided to residents of the unincorporated arras of Monroe County. 'This Contract states the terms of the agreement between the parties, 2-Parties: The parties to this Contract are the City, the County, and MCSO Any and all communications required to be provided shall be directed to the parties as follows:: City of Marathon City Manager Clyde Burnett 9805 Overseas Highway Marathon, Florida 33050 Telephone: (305) 2894130 Facsimile: (305) 2894123 MCSO Sheriff Robert P. Peryam 5525 College Road Key West, Florida 33040 Telephone: (305) 292 7001 Facsimile: (305) 292-7070 Monroe County County Administrator Roman Gastesi 1100 Sirnontm Street KEY West, Florida 33040 (305) 2924441 (305) 2924544 Pale 4 of 13 Cow Its L ed PoHue Seniew Mi 2M-2M 2'Omae C00"T Sbsdit Of5m sued tie Coy of Amdoa 3-Term: 2012. The term of this Contract begins October 1, 2009 and ends September 30, ¢ape of purchased services: MCSO dill provide professional police road patrol service throughout Marathon. Service will be provided a contingent (the "Marathon District') consisting of -One Captain -Four sergeants -Eleven deputies (including one near -shore patrol officer) -One School Crossing Guard The parties intend that road patrol services be provided 24hours per day on every day of the term of this Agreement. The Marathon District Captain in close cooperation with the City Manager shall plan schedules for the Marathon Dist da The Captain will provide the Manager with the planned schedules and daily reports contauung the names and hours worked by every member of the Marathon District. The parties acknowledge that the Marathon District Captain and Ik tesmt has regional responsibilities in addition to his responsibilities to Marathon. The staffing plan for this contract has been developed using a 5.21 staffing ratio This ratio is used to plan the proper number of officers to maintain shift mvOW considering planned and unplanned absences due to injury, illness, vacation, training and family and medical leave. The Captain will make all reasonable efforts to cooridimte training; sick, annual, and admkistradvoe leave to provide optimum service to Marathon. If; despite these efforts, a shift remains unfilled, the Captain shall notify the Maaagee The Manager may choose to fill any vacant position by any of the following methods: -Requesting that an officer from the Marathon District be assigned to work on an overtime basis. In this case, Marathon will pay the actual costs of the officer's tour of duty. Face s of" coarser EW Local Parke Savms- FY WX6= MOMM CW" tames Once and the City o[M.&.. -Requesting that an officer from outside the Maradion District be hired to work on a special detail. In this case, Marathon will pay the prevailing special detail rate under the same germs and conditions as special details are offered to the public. The Captain shall attend the Manager's weekly staff meetings and such other meetings as the mamager shall reasonably request, e.& those of the City Council. 543ther seMces• Apart from this Contract, MCSQ shall also provide the following services to Marathon on the same terms and at no additional charge or expense as they arc provided to all residents of Monroe County: Aviation -Bailiffs and other court personnel -Bomb squad -Civil process -Community policing specialists -Clime scene services -Criminal analyst services -Dive team -Environmental officers -Finance -Hostage negotiation -Human resources -Information technology -Internal investigations Juvenile officers Pest a of u Coatraa for Lard Police Serricw FY 2t1aQ.= Maome Coma Spa Ofoe and the city of Mmzdwu -Major tames detective and investigative services, including homidde, arson, sexual tomes, child abuse and neglect, narcotics and coordination of regional, swrwide, and national investigation -Neighborhood and business Crime Watches -Police canine -Police dispauh, including 911 services -Police legal advisor -Prisoner detention and transport -Property and evidence -Public information officer -Records -Regional administration School resource officers and DARE instructors -SWAT team -Traffic unit -Training 6-Ass4nment of personnel and selection of District Captain; MCSO recognizes the desire of Marathon that the Marathon District be composed of officers who are well acquainted with the community and its residents and with whom the residents can establish a face-tio-face rapport and long -berm relationships. Marathon recoPuzes the obligation of MCSO to treat all of officers fairly concerning requests for transfer and greet advancement, and to maintain order and discipline- MCSO shall endeavor to establish and maintain a stable contingent in the Marathon District, The City Manager will play an integral part is the selection of officers for assignment to and promotion within the Marathon District. The Manager will be Page 7 of 13 conum far Lord POSM seniors- PY ZnO.= "Ow" COMry sbeoda OEM and the City of Author given the opportunity to review personnel files, training records, and disciplinary record of these officers and be a member of their selection and promotional boards, 7-Procedure for selection of Distdct Captain and Lieutenant: If the need arises for the selection of a District Captain or lieutenant, the Sheriff will consult with the City Manager before malting his decision. &Carnplaints regarding officers: MCSO is committed to maintaining a high standard of professionalism for all of its officers. Complaints regarding officers shall be promptly and thoroughly investigated by MCSQ 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 Captain. The Captain shall inform the Manager of the complaint; advise the manager of action taken, and provide & written report of the investigation and resolution of the mattet If the complaint concerns the Captain, the manager may take the matter dnwdy to the Undershenff 9-Responsibitity for ultimate control• Marathon understands, acknowledges and agrees the MCSO must; at all times, have and maintain the sole responsibility for and control of all services hereunder; including without limitation, the establishment of standards of performance and conduce hiring, 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 direct the actions of officers of the Marathon District. Direction from the City will be given through the Manager in accordance with the terms of this Contract. 10-Attention to needs of Marathon MCSO will work together with Marathon to direct police services to the meet the expressed needs of the residents of Marathon. The Captain shall meet with the Manager frequently to learn of community concerns and shall work closely with the Mac W to devise plans and methods best suited to respond to those concerns. 'The Captain shall be a number of the Manager's Senior Management Team. 11-Officers not Mployees or agents of the City: All 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 person shall be considered in the employ of Marathon for the purpose of any pension, insurance, civil service, worker's compensation pay or other benefits. P"e 8 of Li e GWM the Load Polk a Sawkw PY 201e-= A OMM CooMr Shedft tfee and retie OW of Mandm MCSO officers are not agents or employees of the City, and will not have the authority to enter into agreements or make policy on behalf of the City. 12-Enforcement of municipal ordinances: Every member of the Marathon District will be authorized under Florida taw 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 Undershcaff and MCSO General Counsel the text of proposed ordinances in time sufficient for review and discussion with City officials and their advisors. MCSO will provide city officals advice from a practical law enforcement pempectwe concerning any proposed criminal ordinance. 13-Legal claims, notices of suit, and lawsuits: 'The parties shall provide each other with complete and prompt notification Of any legal claim, notice of suit, or lawsuit that involves the provision of services hcmwx'M and shall cooperate in the mutual defense of any such claims. 14-Uniforms and nnuddng of patrol vebiclew MCSO shall ensure that every member of the Marathon District is provided with a marked patrol vehicle and uniforms, IS -Contract cost and paynv ne A. Marathon agrees to Pay the sum of $1,511,561 (One Million Five - Hundred FAeven Thousand Five Hundred and Sixty -One Dollars) for services, equipment, and supplies provided during the first year of this Contract (10/01 /o9- 09/30/10). This sum is refernd to as the "Contract prise,, b. Marathon will pay Taro/Twelfths (2/12 or 16.67 %) of the total contract price to the Cie& of Court no later than October 15, 2009. Thmifter, Marathon shall pay One/Twelfth of the total contract price no later than November 1, 2009 and on or before the first of each succeeding �y month until the total contract price is paid. C. MCSO will provide a Cully rnatked and properly equipped pow vehicle for each member of the Marathon District Marathon will pay all monthly vehicle costs in advance to MCSQ and will pay or provide for fuel, maintenance, and outer operating costs for all vehicles assigned to the Marathon District, d. In futm Contract yeas, Marathon will pay the costs of acquiring replacement vehicles for the Marathon District MCSO will replace the Marathon rMV9 0fU cam« �taW � hrView Frao &= Now" CMMY OEM MW the My o[MMadm vehicks according to the terms of the then current vehicle replacement policy of MCSQ: 1b-Cost reports/Contract Price option: MCSO will provide Marathon monthly financial reports showing all cosh incurred by MCSO and Monroe County to provide services under this C0.Q, If incurred costs equal the N'UXty-five Per Cent (959/6) of the total costs recited in this Contract, then: MCSO may stop providing any of the services in order riot to exceed the Contract price; 0 Marathon map issue a written commitment m MCSO to pay for additional services as agreed to by Marathon and MCSQ: 17-Year-end recoti Hadon: At the end of each fiscal year, incurred costs will be reconciled with total payments made by Marathon. MCSO caernal auditors will determine the final balance. If incurred costs exceed total payments, Marathon will reimburse MCSO for the excess costs. If total payments exceed incurred costs, MCSO will reimburse Marathon for the excess payment amount 18-Pahue year pxidrtg: 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 rolls. When agreement is reached, the City Manager will prepare a memorandum stating the new terms and acknowledging Marathon's acceptance of them. An amendment of this Contract signed by the parties shall be sufficient to amend the financial terms of this Contract b. If the patties are unable to agree on payments for future years on a timely basis, then and in that event this Contract shall terminate on September 306 of the then current Contract peiod. WTreffic fin" and forfeitures: The Parties acknowkdge Marathon's entitlement to fines and forfeitures Pursuant to §31821, Fla. Star (2002), as from time to time amended. Pale V of 11 Co MtMM rot Local P0FM Se:vww PY ZO]p-M MOMM COMW SMVI OSgoe and the MY otM=Nhoa 20-Florida Convaband Forfeiture Act proceeds The parties shall determine an equitable share for Marathon of proceeds of any forfeiture pursuant to the Florida Contraband Forfeiture Act in casesinwh�ng the participation of officers of the Marathon the ratio that the Marathon Distact's l�istoct 1"his share � be based upon law enforcement artici p bears to the participation of all forfeiture. This share shallparticipating be deposited by M n the in ��hedfrs Law seizure, and subsequent Enforcement Trust Fund for the Sheriff's use in Marathon. Marathon may apply to the Sheriff for the use of such fords consistent with the limitations of the Contraband Forfeiture Act The Sheriff agrees to submit such Monroe Coca Co request to the ty =Wsm for appropriation, and upon appropro;� will use the funds for the intended purpose. The parties agree that the decision to use or dispose of personal or real Prop" seized within Marathon shall be in the sole discretion of MCSO If MCSO elects to use seized personal property outside of Marathon or to sell seized Marathon real estate, MCSO shall allocate funds to the Law Enfommu nt Trust Fund in amount to Manadl on's equitable share of the market value of the property less IiCnS, mortgages, encumbrances and MCSO's costs of seizure and forfeitum In both cases, the allocated share shall be earuiaded for use by MCSO within Marathon. 21 Station fatties and office expense: MCSO will provide station facilities for the Marathon District. Law enforcement education assessments: Marathon agrees to promptly remit to MCSO all monies currently received by it from the Clerk of Court attributable to assessments of court costs in criminal justice tended for $ purposes. MCSO will use these funds solely for law enfot►aemml education as required by law: Any new assessments enacted by City for hw enforcement training purposes will be shared the for the purposes intended by law MCSO and the CAty 23-Mutual aid: The parties recognize their obligation to provide emergency assistance other jurisdictions (Including without limitation, the Cities o �Marathon, Key CDIOnY Monroe ty and Y � the Ocean Reef public Safe corpo ted ty District; udiin ra County any municipalities incorporated in Monroe County after the effective date of this Contract) pursuant to the Florida Mutual Aid Act an in the event of catastrophe. MCSO may direct Marathon District o ffmcm diner case in a manner corasistxnt with the deployment bbO render aid in Officers without financial set-off or tied y MCSO of other MCSO action by Marathon. The Manager win be comma fix n MViCW- FY 2ft& xi M"M co,mr suft otsoe god t, chy o[M..&. given all possible notice of such deployment and written reports of the actions of officers so deployed. 24-Paragraph hwdinp riot. dispositive: The parties agree that the headings given the Paragraphs and other subdivisions of this Contract are for ease of reference only and are not diapositive in the int:eetpretation of Contract language, 25-No pmuaq)don %ndnat drafter; The parties agree that this Contract has been freely negotiated by both parties, and that; in any dispute over the meaning, interpretation, sty, or enforceability of this Conn= or any of its terms or provisions, there shall be no presumption whatsoever against either patty by virtue of their having drafted this Contract or any portion thereof SIGNATURE PAGE FOLL M PwnOfu COM=ff br LOcd Panes Saviees- FY nO —nn MOMff* QX" M Id" Offim and dw City of M.&d.. Br- Agrwd to on *LC.-Dl 2W9. S E A L City of Mumbon BOARD OF COUNTY COMMISIONERg OF MONROE COUNTY, FwRIDA B3V-� r-'e. b4." #vk S E A L. 1-13A 1z x�xto r r+- -r v r � v MONROE COUNTY ATTORNEY A AOVEp AS O FORM: ASSISTANT COUNTY AJTORNEY Dat• 4- Paw 13 of 13 Canoe toe Lucd Pollm Salim, FY ZOio-,= Ma m C=WF S6aifYs OMoe and the airy of FIRST AMENDMENT TO CONTRACT FOR LOCAL POLICE SERVICES This First Amendment to Contract for Local Police Service between the City of Marathon, Monroe County Sheriff's Office, and Monroe County, is made and entered into as of 01/20/2012 by and between the City of Marathon, a municipal corporation of the State of Florida ("Marathon" or the "City'l, Monroe County Sheriffs Office ("MCSO"), a subdivision of the State of Florida, and Monroe County, a political subdivision of the State of Florida ("County"). WITNESSJTH WHEREAS, In October 2009 the City entered into a three year Contract with Monroe County Sheriffs Office and Monroe County to provide Local Police Services (the "Contract"), a copy of the Contract is attached as Exhibit "1' ; and WHEREAS, pursuant to Section 18(a) of the Contract, compensation for Local Police Services for each fiscal year shall be set by amendment to the Contract; and WHEREAS, the City desires to amend the Contract to set the compensation for Fiscal Year 2011-12 (the "First Amendment'). NOW THEREFORE, in consideration of the mutual covenants set forth in this First 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: a. Marathon agrees to pay the sutra of $1,429,983.00 (One Million Four Hundred and Twenty Nine Thousand Nine Hundred Eighty Three Dollars) for services, equipment and supplies provided during the second year of this Contract (10/1/2011- 9/30/2012). This sum is referred to as the "Contract Price." b. Marathon will pay Two/Twelfths (2/12 or 16.67%) of the total contract price to the Clerk of Court no later than October 15, 2011. Thereafter Marathon shall pay Page 1 of 4 One/Twelfth of the total contract price no later than November 1, 2011 and on or before the first day of each succeeding month until the total 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 MCSO, and will pay or provide for fuel, maintenance, and other operating costs for all vehicles assigned to the Marathon District. d. In future Contract years, Marathon will pay the costs of acquiring replacement vehicles for the Marathon District. MCSO will replace the Marathon vehicles according to the then current vehicle replacement policy of MCSO. Section 2. 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 first above written. SIGNATURE PAGE FOLLOWS Page 2 of 4 (SEAL) City of M rat on: By: -4 Ma4 Date: Attest: By: City Clerk Date: 1� l Approved4tofo legal sufficieniBy, CiDate: ` 1 Page 3 of 4 MONROE OUNTY S OFFICE: )2 By. Bert P. eryam, Sheri Date: 11w11 _ Monroe County Sheriffs Office Approved as to form By: Counsel - BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BW—A, Y• Mayor / Chftrperson Date: 112.0 /Z - / z Attest: Danny L. Kolhage, Clerk of Court By. Deputy C erk Date: __ MONROLT-COUNTY ATTORNEY APPROVED AS TO FORM �.-FfzJv ,J �/1 By: �4" �,IyQ,N CouhtyAttomey Page 4 of 4