Item K5 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 18. 2013 Division: Monroe Cog=Sheriff's Office
Bulk Item: Yes X No _ Department:Le al
Staff Contact Person: Patrick McCullah
AGENDA ITEM WORDING: Approval of First Amendment to Contract for Law Enforcement and
Security Services at Key West Airport with the Monroe County Sheriffs Office and the BOCC.
ITEM BACKGROUND: First Amendment to Contract for Law Enforcement and Security Services.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved a(3) year Contract for Law Enforcement and Security Services and the price
revisions for each contract year
CONTRACT/AGREEMENT CHANGES:
This amendment revises pricing
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:$2.264.046.00 INDIRECT COST: BUDGETED: Yes x No
DIFFERENTIAL OF LOCAL PREFERENCE:
NIA
COST TO COUNTY: $0.00 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty 0117I$'/Purch�g I Risk Management 14
DIVISION DIRECTOR APPROVAL:
Richard D. Roth, Sheriff
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe Cty Sheriff Off Contract#
Effective Date: 10/1/2013
Expiration Date: 09/30/2014
Contract Purpose/Description:
First Amendment to Contract Law Enforcement and Security Services at Key West
International Airport
Contract Manager: Patrick McCullah 292-7020
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on September 2013 Agenda Deadline: September 3, 2013
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,773,968.5 Current Year Portion: $ 1,773,968.5
1 1
Budgeted?Yes® No ❑ Account Codes: - - - -
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Dag in Needed v ewer
Division Director Yes❑No[?
Risk Management �3--(31 Yes❑N
O.M.B./Purchasing Yes❑No[B"" ,3 I
County Attorney Yes❑No f
Comments:
OMB Form Revised 2/27/01 MCP#2
FIRST AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT AND
SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT
This First Amendment to Contract for Law Enforcement and Security Services at Key
West International Airport between Monroe County and Monroe County Sheriffs Office, is
made and entered into as of the date last written below by and between Monroe County Sheriff's
Office ("MCSO"), a subdivision of the State of Florida, and Monroe County, a political
subdivision of the State of Florida ("County").
WITNESSETH
WHEREAS, In September 2012 Monroe County entered into a three year Contract with
MCSO to provide Law Enforcement and Security Services at Key West International Airport
(the "Contract"), a copy of the Contract is attached as Exhibit"I"; and
WHEREAS,pursuant to Section Sa of the Contract, compensation for Law Enforcement
and Security Services for each fiscal year shall be set by amendment to the Contract; and
WHEREAS, Monroe County desires to amend the Contract to set the compensation for
Fiscal Year 2013-2014 (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 5 of the Contract is amended to read as
follows:
5. PAYMENT FOR SERVICES.
A. COST REIMBURSEMENT:
The County shall, while this Contract is in effect reimburse the Sheriff the actual
cost of each assigned employee's salary (at rates in effect as of the execution of
this Contract, and including all future raises when effective), including all
benefits, whether provided through the County or through MCSO, retirement
contributions, social security and Medicare payments and any other sums required
by the federal or state governments owed in connection with the payment of
wages or benefits, salary incentive payments, professional liability and motor
Page 1 of 5
First Amendment to Contract for Law Enforcement
and Security Services at Key West International Airport
vehicle insurance premiums, a fully equipped patrol car, weapons, uniforms,
citation and report forms and any and all other items furnished to deputies and
AST's to perform their duties. The County remains responsible for the costs of
health insurance, life insurance, and worker's compensation coverage as now or
in the future provided to MCSO personnel. All vehicles paid for by the County
will, at the end of their service life, be property of the County.
B. ESTIMATED CONTRACT COST:
The Estimated Contract Cost is an estimate of the cost of providing service for a
12-month period. The Estimated Contract Cost for year one of this Contract
(10/01/2013-09/30/2014) is the sum described on Exhibit A-2013, attached and
incorporated by reference herein. This sum is referred to as the "Contract Price".
The Estimated Contract Cost assumes that the security requirements of the U.S.
Transportation Security Administration("TSA") do not increase. If TSA issues
any new Security Directives, or escalates the threat level, then the Estimated
Contract Cost will not be adequate to fund this Contract.
If the federal government notifies the County of elevated airport security
requirements, then the County will give the Sheriff written notice of the new
requirements and specify any additional staff or staff hours required. In the next
billing cycle, the County will reimburse the Sheriff all costs, over and above
budgeted costs, incurred as a result of federal action.
C. PAYMENT PROCEDURE: The County will pay the Sheriff in(12)
equal monthly installments, in advance, on the first day of the month.
D. YEAR-END RECONCILIATION:
At the end of each fiscal year, incurred costs will be reconciled with total
payments made by the County. MCSO and County external auditors will
determine the final balance. if incurred costs exceed total payments, the county
Page 2 of 5
First Amendment to Contract for Law Enforcement
and Security Services at Key West International Airport
will reimburse MCSO for the excess costs. If total payments exceed incurred
costs, MCSO will reimburse the County for the excess payment no later than
November 1, 2013, along with all year-end financial budget paperwork so that the
County can complete their required year-end budget paperwork.
E. MINIMUM STAFFING LEVELS:
The County recognizes that certified law enforcement officers and AST's require
continued training throughout their careers. Every deputy assigned to KWIA
must receive training identical to that is required by law and MCSO policy for all
Sheriff's deputies.
When a member of Sheriff's KWIA personnel is absent from KWIA due to
training, sick leave, vacation, retirement, resignation, discipline, union business or
other authorized leave, Sheriff will fill the post with additional staff where
necessary as determined by the Director of Airport Security. The additional staff
will be paid for by County. The County shall not be liable for overtime or special
detail pay in excess of the amount approved in the attached budget without the
prior authorization of the Airport Director or his superiors.
Every reasonable effort shall be made by MCSO to schedule training and
vacations to minimize absence from KWIA.
F. AIRPORT SECURITY COORDINATOR:
MCSO acknowledges that the Airport Security Coordinator is responsible for
ensuring compliance with the Airport Security Program for Key West
International Airport. As such, MCSO shall comply with the directives issued by
the Airport Security Coordinator, in conformance with the Airport Security
Coordinator's duties and responsibilities, on all matters related to the Airport
Security Program, as amended from time to time, and/or Security Directives
issued by the TSA and/or as set forth in the Transportation Security regulations as
Page 3 of 5
First Amendment to Contract for Law Enforcement
and Security Services at Key West International Airport
promulgated in 49 CFR 1542. . County acknowledges that the MCSO Director of
Airport Security is responsible for the supervision and management of all MCSO
Airport Security Deputies and AST's. Any such directives shall be
communicated to MCSO only through the MCSO Director of Airport Security or
a higher level of his/her chain of command. Consistent with paragraph 4 of this
agreement,the Airport Security Coordinator shall have no supervisory authority
over MCSO personnel.
Section 2. Second Year Payment Terms. Exhibit"A" of the Contract is replaced in its
entirety with replacement Exhibit"A-2013" attached. All references to Exhibit"A" in the
Contract shall from October 1, 2013 forward refer to the replacement Exhibit "A-2013".
Section 3. No Further Modifications. All other provisions of the Contract, other than
as specifically addressed herein, shall remain in frill 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.
By:
Mayor/Chairperson
Date:
(SEAL)
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM M O- COUN A RNE
PR VED M
By. ASSISTANT 'UNITYA ORNEY
County Attorney � t 1
Date
Date:
Page 4 of 5
First Amendment to Contract for Law Enforcement
and Security Services at Key West International Airport
Attest: Amy Heavilin, Clerk of Court
By:
Deputy Clerk
Date:
(SEAL)
MONROE CO Y E F'S OFFICE:
By:
Richard A. Ramsay, Sherif
Date: 04 W a0 a
Monroe County Sheriff's Office
Approved as to rm
By:
atr' k McCullah, General Counsel
Page 5 of 5
First Amendment to Contract for Law Enforcement
and Security Services at Key West International Airport
MONROE COUNTY SHERIFF'S OFFICE
BUDGET-AIRPORT
2 YEAR COM PAR]SON FOR FYE 2013 TO FYE 2014
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FY 2013 FY 2014 +OR(-}
PERSONAL SERVICES
Headcount 25 28 3
Executive Salary - - -
Regular Salaries 1,247,895 1,395,549 147.654
Overtime 15,450 5,150 (10,300)
Incentive 5,160 5,880 720
Employer Taxes 97,041 107.603 10,562
Retirement Contribution 113,655 168,148 44,493
Life Insurance 900 1,773 873
Total Personal Services 1,480,101 1,674,103 194.002
OPERATING EXPENSES
Expenses Other Than Salaries - - -
Professional Services 4,800 3,250 (1,550)
Other Contractual Services 13,100 15,000 1,900
Travel&Per Diem - 1,000 1,000
Communications(Telephones) 7,900 11,400 3,500
Postage - 100 100
Insurance 21,850 22,809 959
Repairs&Maintenance 30,000 37,000 7,000
Office Supplies 15,110 4,000 (11,110)
Operating Supplies - 49,283 49,283
Supplies General 42,700 - (42,700)
Books,Subs&Memberships 450 10,000 9,550
Training 11,000 500 (10,500)
Total Operating Expenses 146,910 154,342 7,432
CAPITAL OUT
Automobiles/Machinery/Equip. 95,939 95,939 -
Total Capital Outlay 95,939 95.939 -
OTHER USES - - -
TOTAL 1,722,950 1,924,384 201,434
COUNTY COSTS:*
-Health insurances 237,000 265,440 28,440
-Workers Compensation 74,586 74,222 (364)
County Allocation - - -
Total County Expenses 311,586 339.662 28,076
*Estimates
TOTAL BUDGET 2,034,536 2,264,046 229,510
11.28%
C:\Documents and 5ettings\s8195\Local Settings\Temporary Internet Files\Content.Outlook\2957007T\Airport
Budget 2014 v3.xIs2014 2 Yr Compare
CONTRACT FOR LAW ENFORCEMENT AND
SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT
Monroe County Sheriff's Office
and
4
Monroe County Board of County Commissioners
THIS CONTRACT is entered into by and between the Monroe County Sheriffs Office
(hereinafter referred to as"MCSO"or the"Sheriff)and the Board of County Commissioners of
e Co ty(hereinafter referred to as the"County")on the day of
2012.
1-PURPOSE:The County has an obligation to provide law enforcement and security services for
the protection of all who use Key West International Airport CXWIA'). The County and the Sheriff
have agreed that MCSO will provide those services. This Contract states the terms of the
agreement.
2-SCOPE OF SERVICES:
A-Services:The Sheriff will assign a Director ofAirport Security and certified law
enforcement officers and non-sworn Airport Security Technicians C"AST's')to KWIA to protect
people and property and enforce the criminal law,traffic and parking regulations,and airport rules
and regulations.
The Director of Airport Security will manage and supervise Sheriffs personnel at KWIA
and provide the services described herein.
B-Sung levels:The Sheriff'agrees to assign deputies and AST's to KWIA as set forth on
Exhibit A(attached). If the County requires the assignment of additional personnel,the Sheriff will
post the position internally when the County provides written notification that the non-tax revenues
(or other funds)to fund the position have been secured.Additional personnel will be assigned to
KWIA after completing the Sheriff's hiring process.
3-APPOINTMENT AND SELECTION:
r
A. The Sheriff retains complete control over and responsibility for the appointment of
his employees.
r
B. The Director ofAirports,or his designee,shall be consulted and bean integral part
of the selection of personnel assigned to KWIA,however,MCSO must retain final authority
regarding personnel selection.
C. The Sheriff agrees to maintain Airport Security Technician(AST)fitness standards
testing. The AST fitness standards shall only apply to individuals assigned to be Airport Security
2012 KWIA Airport Law Enforcement and Security Contract
Page 1 of 4
k
r '
Technicians after October 20,2010. Upon consultation with the Director of Airports,the AST
fitness standards shall be subject to modification or termination.
4-SHERIFF'S RESPONSIBILITES FOR KWIA PERSONNEL:
A. Employees assigned to work at KWIA shall remain the Sheriffs personnel.They
shall be subject to all policies,rules,regulations,and discipline of the MCSO. f
B. The County will not conduct investigations into any alleged misconduct of Sheriff's
personnel,but must promptly report such matters to the MCSO supervisor,MCSO Internal Affairs,
or the Sheriff. Upon completion of the investigation into the alleged act of misconduct,the Director
of Airports shall be informed of the outcome of the investigation.
5-PAYMENT FOR SERVICES:
.A. COST REIMBURSEMENT:The County shall,while this Contract is in effect
reimburse the Sheriff the actual cost of each assigned employee's salary(at rates in effect as of the
execution of this Contract,and including all future raises when effective),including all benefits,
whether provided through the County or through MCSO,retirement contributions,social security
and Medicare payments and any other sums required by the federal or state governments owed in
connection with the payment of wages or benefits,salary incentive payments,professional liability
and motor vehicle insurance premiums,a fully equipped patrol car,weapons,uniforms,citation and
report forms and any and all other items famished to deputies and AST's to perform their duties.
The County remains responsible for the costs of health insurance,life insurance,and worker's
compensation coverage as now or in the future provided to MCSO personnel.All vehicles paid for
by the County will,at the end of their service life,be property of the County.
B. ESTIMATED CONTRACT COST,The Estimated Contract Cost is an estimate of
the cost of providing service for a 12-month period.The Estimated Contract Cost for year one of `
this Contract(10/01/2012—09/30/2013)is the sum described on Exhibit A,attached and
incorporated by reference herein. This sum is referred to as the"Contract Price." .
i
The Estimated Contract Cost assumes that the security requirements of the U.S.
Transportation Security Administration("TSA")do not increase. If TSA issues any new Security
Directives,or escalates the threat level,then the Estimated Contract Cost will not be adequate to
fiord this Contract.
If the federal government notifies the County of elevated airport security-requirements;then
the County will give the Sheriff written notice of the new requirements and specify any additional
staff or staff hours required.In the next billing cycle,the County will reimburse the Sheriff all costs,
over and above budgeted costs,incurred as a result of federal action.
C. PAYMENT PROCEDURE:The County will pay the Sheriff in(12)equal monthly
installments,m advance,on the first day of the month.
D. YEAR-END RECONCILIATION:
2012 KWIA Airport Iaw Enforcement and Security Contract
Page 2 of 4
i
1
At the end of each fiscal year,incurred costs will be reconciled with total payments made by
the County.. MCSO and County external auditors will determine the final balance. If incurred costs
exceed total payments,the County will reimburse MCSO for the excess costs. if total payments
exceed incurred costs,MCSO will reimburse the County for the excess payment no later than
November 1,along with all year-end financial budget paperwork so that the County can complete
their required year-end budget paperwork.
E. MINIMUM STAFFING LEVELS:
The County recognizes that certified law enforcement officers and AST's require continued
training throughout their careers.Every deputy assigned to KWIA must receive training identical to
that is required by law and MCSO policy for all Sheriffs deputies.
When a member of Sheriffs KWIA personnel is absent from KWIA due to training,sick
leave,vacation,retirement,resignation,discipline,union business or other authorized leave,Sheriff
will fill the post with additional staff where necessary as determined by the Director of Airport
Security. The additional staff will be paid for by County. The County shall not be liable for
overtime or special detail pay in excess of the amount approved in the attached budget without the
prior authorization of the Airport Director or his superiors.
Every reasonable effort shall be made by MCSO to schedule training and vacations to
minimize absence from KWIA.
6-APPLICABLE LAW: E
A. This Contract shall be governed by and construed under the laws of the State of f
Florida.Venue for all actions hereunder shall be in Monroe County,Florida.
B. The County and MCSO agree that they will comply with all relevant federal,state
and county laws and regulations and specifically agree not to discriminate against any person based
on race,religion,gender,ethnicity,national origin,disability,or sexual preference.They agree to
comply in all respects with the provisions of the federal Fair Labor Standards Act with regard to
overtime pay and conditions of work. They acknowledge that certified law enforcement deputies
are members of a collective bargaining unit represented by the Fraternal Order of Police, and agree
to take no action contrary to the terms of any collective bargaining agreement.
C. The County and MCSO have and will maintain policies prohibiting sexual
harassment.The County agrees to report any incident or complaint regarding sexual harassment on
the part of any MCSO personnel to a MCSO supervisor,MCSO Internal Affairs,or the Sheriff.
7-TERM:
t
The term of this Contract begins October 1,2012 and ends September 30,2015.It will
terminate early after thirty days written notice by MCSO to the County that MCSO's actual
expenses have exceeded or can reasonably be expected to exceed the Estimated Contract Cost, s
2012 KWIA Airport Law Enforcement and Security Contract t
Page 3 of 4
i
Shp
. i
8-FUTURE YEAR PRICING:
4
a. County 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,
MCSO shall prepare an amended Exhibit A showing the agreed Estimated Contract Cost amounts
and the County shall prepare an amendment to this agreement incorporating the amended Exhibit A.
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.
By:
Mayor/Chaitp on
(SEAL)
Attest:DANNY L.KOLHAGE,Clerk
By:
rn
De" e&
MONROE COUNTY SHERIFF'S OFFICE z• -�
=r. M
CBy: AL
A9.6/ 'lose 'j
Orr 44
f
-Robert P.Peryam,Sheri
Momo C ERIFF'S OFFICE
ApP VED TOI`ORM.
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p K J.MCCUUM
Ep EEL
DATE: M DU
ADO
STANT COU R
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2012 KWIA Auport Law Enforcement and Security Contract
Page 4 of 4
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