Item M2 M.2
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: M.2
Agenda Item Summary #10977
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Patrick McCullah(305) 292-7020
N/A
AGENDA ITEM WORDING: Approval for First Amendment to the 2021-2024 Local Police
Service agreement with the City of Marathon, Monroe County Sheriff s Office and BOCC
ITEM BACKGROUND: Contract for Local Police Services
PREVIOUS RELEVANT BOCC ACTION: The BOCC has approved contract for local police
services and the price revisions in the past.
CONTRACT/AGREEMENT CHANGES:
Contract for local police services
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
First Amendment to 2021-2024 Law Enforcement Contract 08.03.2022
FINANCIAL IMPACT:
Effective Date: 10/1/2022
Expiration Date: 9/30/2024
Total Dollar Value of Contract: $2,360,834.00
Total Cost to County: 0
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
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Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $2,360,834.00
Grant:
County Match:
Insurance Required: N/A
Additional Details:
08/17/22 149-86539 - BUDGETED TRF-MARATHON $2,360,834.00
REVIEWED BY:
Lindsey Ballard Completed 08/03/2022 11:15 AM
Board of County Commissioners Pending 08/17/2022 9:00 AM
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FIRST AMENDMENT TO CONTRACT FOR LOCAL POLICE SERVICES
This First Amendment to Contract for Local Police Services between The City of
Marathon,Monroe County Sheriff's Office, and Monroe County,is made and entered into as of o
the date last written below by and between The City of Marathon,Florida,a municipalCD
corporation of the State of Florida(the"Marathon"),Monroe County Sheriffs Office
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("MCSO"), a subdivision of the State of Florida, and Monroe County, a political subdivision of
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the State of Florida("County").
TNESSETH
WHEREAS,In October 2021 Marathon entered into a three year Contract with MCSO o
and County to provide Local Police Services (the"Contract"), a copy of the Contract is attached E
as Exhibit"l";and
WHEREAS,pursuant to Section 18a of the Contract, compensation for Local Police
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Services for each fiscal year shall be set by amendment to the Contract; and
WHEREAS,Marathon desires to amend the Contract to set the compensation for Fiscal
Year 2022-2023 (the"First Amendment").
NOW THEREFORE,in consideration of the mutual covenants set forth in this First
Amendment,the parties agree as follows:
Section 1 � mmmm„� Section 15 of the Contract is amended to read 0
�mm.„Amendment„to A W.eement.w to
as follows:
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15. CONTRACT COST AND PAYMENT. �
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15a. Marathon agrees to pay the sum of$2,360,834.00(Two Million Three Hundred
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Sixty and Eight Hundred Thirty Four dollars) for services, equipment and supplies provided 04
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during the second year of this Contract(10/l/2022-9/30/2023). This sum is referred to as the CD
"Contract Price." o
15b. Marathon shall pay 2/12 of the total contract price to the Clerk of Court no later as
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than October 15, 2022 and thereafter Marathon will pay 1/12 of the total contract price on or
before the first day of each succeeding month until the total contract price is paid.
Notwithstandin►the preceding sentence ,Marathon's monthl y �-rorated p4a rent„shall b„e based
ul ron the Contract Price in„e,,,,,ffect for each fiscal a ear of the term.
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Section 2. Second Year Payment Terms., Exhibit"A"of the Contract is replaced in its
entirety with replacement Exhibit"A-2023"dated May 20, 2022, attached. All references to
Exhibit"A"in the Contract shall be from October 1, 2022 forward refer to the replacement
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Exhibit"A-2023". -
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Section 3. No Further Modifications. All other provisions of the Contract,other than 04
as specifically addressed herein, shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have accepted,made and executed this
First Amendment upon the terms and conditions above stated on the day and year last below
written.
CITY OF MARATHON: E
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Mayor 04
Date:
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Attest:
By
City Clerk
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MONROE CO T S l l RIFFS, "'E: 3
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By:
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Richard A.Ramsay, Sheriff 04
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Date: "°"W o
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Monroe County Sheriff's Office
Approved as to ". n
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By: �
,latrick McCullah, General Counsel
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First Amendment to Contract for Marathon Local Police Services Page 2
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
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By:. _. ......
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Mayor/Chairman
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Date:
Attest: Kevin Madok, Clerk of Court
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Contract for Local Police Services 0
Monroe County Sheriff's Office and the City of Marathon
FY 2021-2024 CD
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Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2021-2024
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Table of Contents CD
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1-Purpose:............................................................................................................4
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2-Parties:..............................................................................................................4
3-Term:.................................................................................................................4
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4-Scope of purchased services:...........................................................................5 E
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5-Other services:............................. .........5 <
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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 as
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11-Officers not employees or agents of the City .......7
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12-Enforcement of municipal ordinances:.........................................................7
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13-Legal claims,notices of suit,and lawsuits:...................................................7
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14-Uniforms and marking of patrol vehicles: ....................................................8 0
15-Contract cost and payment: ............•8 E
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16-Cost reports and cost/Contract Price options:..............................................9 E
17-Year-end reconciliation:..................................................................................9 U.
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18-Future year pricing: .......................................................9
19-Traffic fines and forfeitures:...........................................................................9
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20-Florida Contraband Forfeiture Act proceeds: ...............................................9 CD
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21-Station facilities and office expense:............................................................10
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22-Law enforcement education assessments: ........10
23-Mutual aid:....................................................................................................10
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24-Paragraph headings not dispositive: ............................................................11
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25-No presumption against drafter: ..................................................................11
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Contract for Local Police Services
Monroe County Sheriff's Office and the City of Marathon
FY 2021-20224
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1-Purpose: Cq
The City of Marathon, a Florida municipality("Marathon"or the "City"), CD
and the Monroe County Sheriff's Office ("MCSO'�,a subdivision of the State of r-
Florida, have agreed that Marathon will purchase and MCSO will provide local law
enforcement services to Marathon in addition to regional police services provided to
residents of the unincorporated areas of Monroe County. This Contract states the
terms of the agreement between the parties. o
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2-Parties: E
The parties to this Contract are Marathon and MCSO. Any communication
required to be provided by either party may be directed to:
City of Marathon
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George Garrett
City Manager
9805 Overseas Highway
Marathon,Florida 33036
Telephone: (305) 743-0033
Facsimile: (305) 743-3667 0
MCSO E
Sheriff Richard A. Ramsay
Attn. Legal Division
5525 College Road
Key West, Florida 33040
Telephone: (305) 292-7020
Facsimile: (305) 292-7070 CD
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3-Term:
The term of this Contract begins October 1,2021 and ends September 30,
2024, E
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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
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-One Captain
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-Four sergeants
-Twelve deputies (including one near-shore patrol officer)
-One School Crossing Guard o
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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") in close cooperation with the City Manager(hereinafter
"Manager"} shall plan schedules for the Marathon District. The Captain will provide
the Manager with the planned schedules and daily reports containing the names and U
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 o
coverage considering planned and unplanned absences due to injury,illness,vacation,
training and family and medical leave. The Captain will make all reasonable efforts E
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. V
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5-0ther services:
Apart from this Contract,MCSO shall also provide all services to Marathon CD
on the same terms and at no additional charge or expense as they are provided to the
residents of Monroe County.
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6-Assignment of personnel and selection of District Captain:
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MCSO recognizes the desire of Marathon that the Marathon District be E
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
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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.
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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 CD
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
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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 E
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 CD
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 i
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 o
within (6) months or (6) such complaints within{12) months.
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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 termination,labor
relations, as well as all other matters necessary or incident to the performance of CD
such services.
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Consistent with the City charter,no elected official or employee of the Cite
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.
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10-Attention to needs of Marathon: E
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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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:
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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 CD
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. o
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.
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12-Enforcement of municipal ordinances:
Every member of the Marathon District will be authorized under Florida law E
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 U
review and discussion with City officials and their advisors. MCSO will provide City 04
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officials advice from a practical law enforcement perspective concerning any CD
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proposed criminal ordinance. CD
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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 o
hereunder,and shall cooperate in the mutual defense of any such claims.
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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. CD
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MCSO, as a political sub-division of the State of Florida,as defined in CD
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 E
liable to the statutory limits for any damages proximately caused by said acts or
omissions,or intentional tortious acts. E
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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
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any other agreement. CD
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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 o
marked as such.
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15-Contract cost and payment:
a. Marathon agrees to pay for services,equipment, and supplies provided E
during the first year of this Contract (10/01/2021-09/30-2024) the sum described E
on Exhibit A,attached and incorporated by reference herein. This sum is referred to U.
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 15,2021.
Thereafter,Marathon shall pay One/Twelfth of the total contract price no later than
November 1,2021 and on or before the first day of each succeeding month until the
total contract price is paid. o
C. MCSO will provide a fully marked and properly equipped police °b
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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.
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e. In future Contract years,Marathon will pay the costs of acquiring V
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replacement vehicles for the Marathon District. MCSO will replace the Marathon CD
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vehicles according to the terms of the then current vehicle replacement policy of
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MCSO. CD
f. All vehicles paid for by City will. the end of their service life,be
property of City.
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g. Marathon and MCSO may agree to purchase goods and services not
specificallv addressed in this contract upon such terms and conditions as are E
mutually agreed upon by the parties in writing.
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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. 0
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If incurred costs equal the Ninety-five Per Cent(95%) of the total costs CD
recited in this Contract, then:
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MCSO may stop providing any of the services in order not to exceed the
Contract price;
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Marathon may issue a written commitment to MCSO to pay for additional
services as agreed to by Marathon and MCSO.
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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
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amount on or before March 315t of the following fiscal year.
18-Future year pricing:
a. Marathon and MCSO will negotiate payment for the second and third o
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
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Contract
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b. If the parties are unable to agree on payments for future years on a CD
timely basis, then and in that event this Contract shall terminate on September 30a1
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of the then current Contract period.
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19-Traffic fines and forfeitures:
The parties acknowledge Marathon's entitlement to fines and forfeitures E
pursuant to §318.21,Fla. Stat. (2002), as from time to time amended.
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20-Florida Contraband Forfeiture Act proceeds:
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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 lawCD
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enforcement agencies participating in the criminal case, seizure,and subsequent
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forfeiture. This share shall be deposited by MCSO in the Sheriff's Law CD
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Enforcement Trust Fund for the Sheriff's use in Marathon. Marathon may apply to
the Sheriff for the use of such fiends consistent with the limitations of the o
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. o
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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'frust
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.
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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 2
intended for criminal ra
ce justi training purposes. Marathon will disburse said funds to
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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. CD
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23-Mutual aid: CD
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 E
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 E
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
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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. 0
24-Paragraph headings not dispositive: 04
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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 CD
the interpretation of Contract language.
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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.
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Agreed to on 4 3 - ,2021.
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Sheriff Richard A.Ramsay i?AiRCK J.W-C _ C
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BOARD OF COUNTY COM IISIONERS OF
MONROE COUNTY,FLORIDA
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Attest:, KEVIN MADOK ROVE FORM
CLERK OF COURTrv,oe-p
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Exhibit A
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23-Jun-21
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Updated try.Lies Knowles-4=t21 v2
SUDI3ET•MARATHON
2 YEAR COMPARISON FOR FYE 2021 TO FYE 2022
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ADOPTED PROPOSED
Bi;WET BUDGET DIFFERENCE
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FYE 2021 FYE 4022 +OR(•r CD
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PF;BSOWNEL SERVl_C_E$ 04
FtaedeouM 75 17 2 CD
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xecu6ve Salar7
Regular Salaries 940,097 1,151,849 211,752
Overtime 41.076 44,075 2.099
Incentive 8.518 10 319 1,800
Employer Taxes 75,780 92;278 16,498
RetirementContrib,6cn 237.351 307,045 69.594
Ufa&Reallh Insurance 1,400 1,A00
Unomploymerd zontpansetion
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Total PerSOn liAl S6Nidse 1,305,124 1,608,956 301,843 CD
QPERATIAiO„CXQt°3dyES
Expenses Other Ttmn Salaries - CD
Professional Services 3,700 3,100 E
Other Contractual Services 350 350
Investigations
Travel&Per Diem 2,000 2.000
Communications 8.000 8.000
Freignt&Postage 200 200 04
Utility Semicee 04
04
ReM>'Is
Insurance 27.450 27,450
Repairs It Maintenance 49,000 49,Ot16
Printing
Advertising d
Office Supplies 2,300 2.300
Operating Supplies 94,110 84.110
t7aaY.srSubacnplialsfirtamnaren�s - -
Tutticn
Training 4„ 0 ®_ 4,000
Total OpemGngExpenses 4,91,110CD
481,4t0 -
CAPITA!.,OUTLAY E
CD
Other 0utding improvernems -
Autcmo6fteslMachb*ryE,quip 133.306 133. _
Total Capital Outlay 133,308 133,308 ,,,...,...._......__......,,....
................... „_„„,„.„„,„ .,_...___...._._
Aids to Government Agonclas
Aida To Privele Organizations
Intragovernmental Transfers _.,._..,_._. 04
..
04
Total Other Uses °
04
TOTAL.SHERIFFS BUDGET 1,629,342 7931,364 301,843 CD
04
fO
COUNTY CO$TS:'
Haaltn tneuranee5 186,191 211.647 28,456
-Worker's Compensation 30.155 37,024 7,769 qy
County Allocation E
Total County Errpenees 215,346 248,571 34,225
t-9timalas qy
TOTAL 9UOGET -+,844,864 - 2 784,95$ 336,057
(D
E
lb
Packet Pg. 2746
M.2.a
20-May-22
O
Updated by:Lisa Knowles-4/5122 v2
BUDGET-MARATHON
2 YEAR COMPARISON FOR FYE 2022 TO FYE 2023
L)
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE O
FYE 2022 FYE 2023 +OR(-)
N
PERSONNEL SERVICES CD
04
Headcount 17 17CD
Executive Salary `
Regular Salaries 1,151,849 1,245.228 93.379
Overtime 44,075 47,160 3,085
Incentive 10.319 7,680 (2,640)
Employer Taxes 92.278 99,455 7,178
Retirement Contribution 307,045 355,970 48,926
Life&Health Insurance 1,400 1.400 -
Unemployment Compensation - "..,
...
Total Personnel Services 1,606,968 1 756 893 149,928 q)
E
OPERATING EXPENSES
Expenses Other Than Salaries - " q)
Professional Services 3,700 3,700 - E
Other Contractual Services 350 350 -
Investigations - - - �y
Travel&Per Diem 2,000 2,000 -
Communications 8,000 8,000 -
Freight&Postage 200 200
Utility Services
Rentals - -
Insurance 27,450 27,450
Repairs&Maintenance 49,000 69,000 20,000
Printing -
Advertising
Office Supplies 2,300 2,300
Operating Supplies 94,110 94,110
BookslSubscriptions/Memberships - -
O
Tuition - -
Training
4,000 4,000
,000 qb
Total Operating Expenses 791 110 211 110 20,0„ E
(I)
C ITAL OUTLAY
Other Building Improvements - -
Automobiles/Machinery/Equip. 133308 8 �
- ...... 0
LU
Total Capital Outlay 133,308 133,308
OTHER USE
Aids to Government Agencies - CD
Aids to Private Organizations
°
Intragovemmental Transfers vm
CD
Total Other Uses -
O
TOTAL SHERIFF'S BUDGET 1,931,384 2,101,311 169.928
0)
COUNTY COSTS:' E
Health insurances 211,647 220,447 8,799
Workees Compensation
52
Total Couountynty Expenses 249 571 259,523 Allocation - 9,95t Q
•Estimates �y
TOTAL BUDGET 2,180.955 2,360,834 179,879 ,U.
®
0)
E
L)
10
Packet Pg. 2747