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FY2019-FY2021 09/19/2018 G V � GOURTa \1� op''°`` ' � Kevin Madok, CPA A : Clerk of the Circuit Court & Comptroller — Monroe County, Florida ` % ∎ : _= DATE: October 19, 2018 TO: Monroe County Sheriff Patrick McCullah General Counsel Michelle Quad Executive Assistant ��r 1 FROM: Pamela G. Hanco "� l) .C. SUBJECT: September 19 BOCC Meeting Attached is a duplicate original of Item K2, three year Contract for Law Enforcement and Security Services at Key West International Airport, for your handling. Should you have any questions, please feel free to contact me at (305) 292 -3550. Thank you. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070 305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 305 - 852 -7145 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 Sheriff's Office (hereinafter referred to as "MCSO" or the "Sheriff') and the Board of County ommissioners of Monroe County (hereinafter referred to as the "County ") on the Jqn day of 2018. 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 of Airport Security and certified law enforcement officers and non -sworn 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- Staffmg 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 Sheriffs 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 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 RESPONSIBILITIES FOR KWIA PERSONNEL: A. Employees assigned to work at KWIA shall remain the Sheriff's 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 government 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. 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 (10/01/2018- 09/30/2019) 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, 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 RECONCILLATION: 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: 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 member 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, 2018 and ends September 30, 2021. 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. 8 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 and 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 30 of the then current Contract period. / 0, 7p e „:„. _______- 0 4 r /Chairperson ;f E \ \ , �:� h %.. ': �: 4 IN MADOK, Clerk By: T 3 .. taa . Deputy Clerk z . °' Q rn ..� ca ., ;: - r:-I 7, n ! to - , xi -4 3 : C - MONROE SHERIFF'S OFFICE ;< By: d - r-- Richard A. Ramsay iviONROE COUNTY SHERIFF'S OFFICE APP' 'VED A'. TO FORM: wATn ICK J. McCULLAH GENERAL COUNSEL DATE: /o//6// F MONROE COUNTY ATTORNEY R VED AS FORM k O CHRISTINE LIMBERT- BARROWS ASSISTANT • • ORNEY DATE, r' e a Cxl�)� 1 / V O .01 3 MONROE COUNTY SHERIFF'S OFFICE BUDGET - AIRPORT 2 YEAR COMPARISON FOR FYE 2018 TO FYE 2019 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FY 2018 FY 2019 + OR ( -) PERSONNEL SERVICES Headcount 29 29 - Executive Salary - - - Regular Salaries 1,527,303 1,603,908 76,605 Overtime 5,410 5,410 - Incentive 7,080 7,560 480 Employer Taxes 117,794 123,691 5,897 Retirement Contribution 214,507 239,231 24,724 Life insurance 1,719 1,719 - Unemployment Compensation - - - Total Personnel Services 1,873,813 1,981,519 107,706 OPERATING EXPENSES Expenses Other Than Salaries - - - Professional Services 3,825 3,825 - Other Contractual Services 15,000 15,000 - Investigations - - - - Travel & Per Diem 1,650 2,000 350 Communications (Telephones) 11,400 9,000 (2,400) Ppstage 100 100 - Transportation (Freight) - - - Utility Services - - - Rentals - - - Insurance 25,200 29,000 3,800 Repairs & Maintenance 37,000 37,000 - Printing . - - - Office Supplies 4,000 4,000 - Operating Supplies 45,646 45,646 - Operating Supplies Computer < $1,000 - - - Books, Subs & Memberships - - - Training 9,000 9,000 - Total Operating Expenses 152,821 154,571 1,750 CAPITAL OUTLAY • Other Building Improvements - - - Machinery & Equipment - Radios - - - Automobiles/Machinery/Equip. 40,000 40,000 - Total Capital Outlay 40,000 40,000 ; - CONTINGENCY - - - TOTAL 2,066,634 2,176,090 109,456 COUNTY COSTS:* - Health Insurances 383,611 383,611 - - Worker's Compensation 76,914 66,437 (10,477) - County Allocation - - - Total County Expenses 460,525 450,048 (10,477) *Estimates TOTAL BUDGET 2,527,159 2,626,137 98,978 - - 3.92%