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Item L3
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 2011 Division: _Monroe County Sheriffs Office Bulk Item: Yes X No _ Department: Legal Staff Contact Person/Phone #: Attorney Patrick McCullah 1292-7020 AGENDA ITEM WORDING: 2012 contract for airport security at the Key West Airport with the Monroe County Sheriff's Office. ITEM BACKGROUND: Renewal of 2011 contract with Sheriff's Office to provide law enforcement and security services to Key West International Airport. PREVIOUS RELEVANT BOCC ACTION: Approved prior contract that expires on September 30, 2011 CONTRACT/AGREEMENT CHANGES: Revising contract STAFF RECOMMENDATIONS: Approval TOTAL COST S1,952,467.49_ INDIRECT COST: BUDGETED: Yes X No — DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: 0.00 (see In -Kind Match explanation under item background) SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year _530611<� APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Monroe County Sheriff Contract # Effective Date: 10/01 /2011 Expiration Date: 09/30/2012 Contract Purpose/Description: 2012 contract for airport security at the Key West Airport with the Monroe County Sheriffs Office Contract Manager: Patrick McCullah 292-7020 Monroe County Sheriffs Office (Name) (Ext.) (Department/Stop #) for BOCC meeting on Sept 21, 2011 Agenda Deadline: Sept 6, 2011 CONTRACT COSTS Total Dollar Value of Contract: $ 1,952,467.4 Current Year Portion: $ 9 Budgeted? Yes® No ❑ Account Codes: - Grant: $ 0.00 - - - - County Match: $ 0.00 - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $0.00/yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes❑ Non Risk Management Yes❑ No❑ O.M.B./Purchasing Yes❑ No[] County Attorney Yes❑ No❑ I Comments: FMB Form Revised 2/27/01 MCP #2 CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT Monroe County Sheriff's Office and 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 Monroe County (hereinafter referred to as the "County") on the day of , 2011. 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 ("KWIX ). 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 of Airport Security and certified law enforcement officers and non-swom Airport Security Technicians ("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-Staffing 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: A. The Sheriff retains complete control over and responsibility for the appointment of his employees. B. The Director of Airports, or his designee, shall be consulted and be an 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 2010 KWIA Airport Law Enforcement and Security Contract Page 1 of 4 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. 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 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. 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 is $ 1,952,467.49. 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 will reimburse MCSO for the excess costs. If total payments 2010 KWIA Airport Law Enforcement and Security Contract Page 2 of 4 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 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. &APPLICABLE LAW: A. This memorandum of understanding shall be governed by and construed under the laws of the State of 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 MCSO a supervisor, MCSO Internal Affairs, or the Sheriff. 7-TERM: The term of this Contract begins October 1, 2011 and ends September 30, 2012. 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, 2010 KWIA Airport Law Enforcement and Security Contract Page 3 of 4 By: Mayor/Chairperson (SEAL) Attest: DANNY L. 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