FY2013-FY2015 2nd Amendment 10/17/2014AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: October 15, 2014
TO: Sheriff Rick Ramsay
Monroe County Sheriffs Office
ATTN.- Patrick McCullah
Legal Counsel
FROM. • Lindsey Ballard, D. C&
At the October 17, 2014 Board of County Commissioner's meeting, the Board granted approval and
authorized execution of Item J4 Second Amendment to Contract for Law Enforcement and Security
Services at Key West Airport with the Monroe County Sheriff s Office and the BOCC.
Enclosed is (2) duplicate originals of the above - mentioned, executed on behalf of Monroe County, for
your handling.
cc: County Attorney
Finance ✓
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax. 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6015
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
SECOND AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT AND
SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT
This Second Amendment to Contract for Law Enforcement and Security Services at Key
West International Airport between Monroe County and Monroe County Sheriff's 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 8a of the Contract, compensation for Law Enforcement
and Security Services for each fiscal year shall be set by amendment to the Contract each year;
and
WHEREAS, Monroe County desires to amend the Contract to set the compensation for
Fiscal Year 2014 -2015 (the "Second Amendment ")
NOW THEREFORE, in consideration of the mutual covenants set forth in this Second
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.
5a. Monroe County agrees to pay the sum of $2,283,367.00 (Two Million Two
Hundred Eighty Three Thousand Three Hundred Sixty Seven Dollars) for services, equipment
and supplies provided during the third year of this Contract (10/1/2014 - 9/30/2015). This sum is
referred to as the "Contract Price."
5c. Monroe County will pay the Sheriff s Office twelve (12) equal installments in
advance, on the first day of the month.
Second Amendment to Contract for KWIA Law Enforcement and Security Services Page 1
Section 2. Third Year Payment Terms. Exhibit "A" of the Contract is replaced in its
entirety with replacement Exhibit "A- 2014" attached. All references to Exhibit "A" in the
Contract shall be from October 1, 2014 forward refer to the replacement Exhibit "A- 2014 ".
Section 3. 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
Second Amendment upon the terms and conditions above stated on the day and year last below
written.
By: - ¢n
ayor/diairperson
1t€ e?L
e ilin, Clerk of Court
By:
Deputy lerk
Date: CU lock 15111, DV 1`I
(SEAL)
MONROE COUNTY SHERIFF'S OFFICE:
r By: / , X/ 4 � z
Richard A. Ramsay, Sheriff
Date: �'�SL 0771 -2b
Monroe County riffs Office
Approved as fo
McCullah, General Counsel
Second Amendment to Contract for KWIA Law Enforcement and Security Services Page 2
MONROE COUNTY ATTORNEY
Second Amendment to Contract for KWIA Law Enforcement and Security Services Page 3
Date: U( 4-1( y
T
Exkibft A - 2DI
MONROE COUNTY SHERIFF'S OFFICE
BUDGET - AIRPORT
2 YEAR COMPARISON FOR FYE 2014 TO FYE 2015
OPERATI EXPENSES
Expenses Other Than Salaries
Professional Services
ADOPTED
PROPOSED
Other Contractual Services
15,000
BUDGET
BUDGET
DIFFERENCE
_
FY 2014
FY 2015
+ OR { -)
PERSONAL SERVICES
11,400
11,400
Postage
Headcount
28
28
_
Executive Salary
-
_
9,818
Regular Salaries
1,395,549
1,393,943
(1,606)
Overtime
5,150
5,100
(50)
Incentive
5,880
6,360
480
Employer Taxes
107,603
107,513
(90)
Retirement Contribution
158,148
168,949
10,801
Life Insurance
1,773
1,742
(31)
Unemployment Compensation
-
-
Total Personal Services
1,674,103
1,683,607
9,504
OPERATI EXPENSES
Expenses Other Than Salaries
Professional Services
3,250
3,250
Other Contractual Services
15,000
15,000
Investigations
_
_
Travel & Per Diem
1,000
1,000
Communications (Telephones)
11,400
11,400
Postage
100
100
Transportation (Freight)
_
-
Utility Services
349,480
9,818
Rentals
_
Insurance
22,809
22,809
Repairs & Maintenance
37,000
37,000
Printing
-
_
Office Supplies
4,000
4,000
Operating Supplies
49,283
49,283
Books, Subs & Memberships
10,000
1,500 (8,500)
Training
500
9,000 8,500
Total Operating Expenses
154,342
154,342 -
CAPITAL OUTLAY
Other Building Improvements - -
Automobiles /Machinery/Equip. 95,939 95,939
Total Capital Outlay 95,939 95,939
CONTINGENCY -
TOTAL
1,924,384
1,933,888
9,504
COUNTY COSTS:"
Health Insurances
265,440
265,440
Worker's Compensation
74,222
84,040
9,818
County Allocation
-
_
Total County Expenses
339,662
349,480
9,818
'Es6metes
TOTAL BUDGET
2,264,046
19,321
2,283,367
-
0.85%
.
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 ounty Commissioners of
Mmr Co" (hereinafter referred to as the "County") on the day of
A OW 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 ( "KWIA'). 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 -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 Sheriff's 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- APP6INTMENT 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
2012 KWIA Airport Law Enforcenwnt and Security Contract
Page 1 of 4
I
ra
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 RESPONSIBILrM 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 oosts 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." .
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, them
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:
2012 KWIA Airport Law Enforcement and Security Contract
Page 2 of 4
r 4
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 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 nay 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 Contract 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 a MCSO supervisor, MCSO Internal AfFairs, or the Sheriff.
7 -TERM:
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,
2012 KWIA Airport Law Enforcement and Security Contract
Page 3 of 4
01h.
&FUTURE YEAR PRICING:
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 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: lh �
Mayor /Chairp n
(SEAL)
Attest: 'DANNY L. KOLHAGE, Clerk
By:
Deputy erk
MONROE COUNTY SHERIFF'S OFFICE
By:
'R obert P. Peryam, Sheri Ir
MONROE CtgIIfT OFFICE
APP i ! D XSS TO FORM:
N
0
N
Q
C�
�1
1
q
a
0
-'1
rn
CD
2012 KWIA Airport Law Enforcement and Security Contract
Page 4 of 4
MONROE COUNTY SHERIFFS OFFICE
BUDGET • AIRPORT
PROPOSED
BLXXWT
FY 2013
PERIONAL SERVW"
Headoftw
25
Em oullm Saiery
-
RmqLft► Somin
1,247,11515
ovwtim
15460
Wm7ba
6,100
Empbyw Tamm
97,041
Robwnwn C4nttxdion
113,888
Lyn kwjrarfoe
200
UMWMWM-d C—PW*abDn
Total PWSOW swvlm
IA80,101
Expsrllfes Olw Then Saiwin
p►olsobial llerllloaa
4,800
Othw Core edull serows
13,100
Tr" & Per Dism
cmaukou" (Tobown")
pool"s
7.900
Tfwdpwmw
Ukft serwim
Rar"
WKffW=
21.850
PAPM A mokurfarm
pla dil
30,000
Omw&jwft
15,110
Op me &ffew
42,700
Bookg. BLIbe & Mombomh4a
450
Tralift
11 000
Total O"mft Enwnea
148.910
CAPITAL
O*WLA*v*wmmwwft
ToW Capft OLwy
98.939 s
TOTAL
OOUNTY Wom
. Hoorn vourwKm
237,000
- wadws conven"tion
74,6118
- Cotw* ASocx$m
TOW c 4 tety E xperfep
t
TOTAL Suom