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Item K2 K.2 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting September 18, 2019 Agenda Item Number: K.2 Agenda Item Summary #5967 BULK ITEM: Yes DEPARTMENT: Sheriffs Office TIME APPROXIMATE: STAFF CONTACT: Michelle Quad (305) 292-7020 N/A 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 for FY 2019-2020 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: Patrick McCullah STAFF RECOMMENDATION: Approval DOCUMENTATION: First Amendment 2019-2020 FINANCIAL IMPACT: Effective Date: 10/1/2019 Expiration Date: 9/30/2020 Total Dollar Value of Contract: $2,693,062.00 Total Cost to County: 0 Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Packet Pg. 1716 K.2 Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: $2,693,062.00 Grant: County Match: Insurance Required: N/A Additional Details: 09/18/19 404-63001 - KEY WEST AIRPORT O & M $2,693,062.00 Law Enforcement Security REVIEWED BY: Pedro Mercado Completed 09/04/2019 8:40 AM Budget and Finance Completed 09/04/2019 10:01 AM Maria Slavik Completed 09/04/2019 10:03 AM Kathy Peters Completed 09/04/2019 10:18 AM Board of County Commissioners Pending 09/18/2019 9:00 AM Packet Pg. 1717 K.2.a FIRST AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT This First Amendment to Contract for Law Enforcement and Security Services at Key West International Airport between Monroe County and Monroe County Sheriffs Office, is made and entered into as of the date last written below by and between Monroe County Sheriff's Office("MCSO'), a subdivision of the State of Florida, and Monroe County, a political subdivision of the State of Florida("County"). 0 WITNESSETH WHEREAS, In September 19, 2018 Monroe County entered into a three year Contract with MCSO to provide Law Enforcement and Security Services at Key West International a. Airport(the"Contract"), a copy of the Contract is attached as Exhibit"1"; and 0. WHEREAS,pursuant to Section 8a of the Contract, compensation for Law Enforcement and Security Services for each fiscal year shall be set by amendment to the Contract; and WHEREAS,Monroe County desires to amend the Contract to set the compensation for Fiscal Year 2019-2020(the"First Amendment"). o NOW THEREFORE, in consideration of the mutual covenants set forth in this First Amendment, the parties agree as follows: Section 1. Amendment to A areement. Section 5 of the Contract is amended to read as follows: 5. PAYMENT FOR SERVICES. M cv 5a. Monroe County agrees to pay the sum of$ 2,693,062.00 (Two Million Six Hundred Ninety Three Thousand and Sixty Two Dollars) for services, equipment and supplies provided during the second year of this Contract (10/1/2019-9/30/2020). This sum is referred to as the "Contract Price." 5c. Monroe County will pay the Sheriffs Office twelve(12) equal installments in advance, on the first day of the month. First Amendment to Contract for KWIA Law Enforcement and Security Services Page 1 Packet Pg. 1718 K.2.a Section 2. Second Year Payment Terms., Exhibit"A"of the Contract is replaced in its entirety with replacement Exhibit"A-2019"attached. All references to Exhibit"A"in the Contract shall be from October 1, 2019 forward refer to the replacement Exhibit"A-2019". 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 First Amendment upon the terms and conditions above stated on the day and year last below written. 0 it By _.._.. 2 Mayor/Chairperson _... 0 0 Date: (SEAL) Attest: Kevin Madok, Clerk of Court o By:. __..m,. ..n.......... ..... Deputy Clerk..... —-- Date: .......................... ..............._...__..... ._....m..... (SEAL) cv cv MONROE COUNTY SHERIFF'S OFFICE: ol By fl Richard A. Ramsay, Sheriff" a Date: _.. ... ........ --.... _.. ........ Monroe County Sheriffs Office Approved as to form By: .._..... ..... ".. ............ ,McCullah General Pa � � Counsel First Amendment to Contract for KWIA Law Enforcement and Security Services Page 2 Packet Pg. 1719 K.2.a MONROE COUNTY ATTORNEY a APPROVED AS TO FORM Cv ........... County Attorney.......................... ... . ..�...--.__�...a..m.. 0 2 it Date: 0 0 0 cv cv cv First Amendment to Contract for KWIA Law Enforcement and Security Services Page 3 Packet Pg. 1720 4 ........ K.2.a 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 erred to as"MCSO"or the Monroe Counf ' ( ereinafter referred t asthe`Coun�a ne County ssiothe da of m rers of Boarn!f i tY tY'} Y 2018. U) 0 it 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 2 0 agreement. IL 0 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. e The Director of Airport Security will manage and supervise Sheriffs personnel at KWIA and provide the services described herein. B-Stafrmg 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 Packet Pg. 1721 K.2.a 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 workall remain the Sheriffs personnel. They all be subject to all policies,rules,regulations, discipline of the MCSO. C1,4 C) B. The County will not conduct investigations into any alleged misconduct of Sheriffs 0 personnel,but must promptly report such matters to the MCSO supervisor,MCSO it Internal ` s, or the Sheriff. Upon completionof the investigation into the alleged act f misconduct,the Director of Airports shall be informed of the outcome 2 0 investigation. 0 5mPAYMENT FOR SERVICES: U) A. COST REIMBURSEMENT: e County shall, while this Contract is in effect reimburse e Sheriff the actualcost of each assigned-employee's s (at rates i e effects ofthe executi of this Contract, and including all fature r ` s h c effective), including all benefits, whether providedor through MCSO, retirement contributions, social security and Medicare payments and any other surns required by the federal or state government owed in connection with the E payment of wages or benefits, salary incentive ets,professional liability or vehicle insurance premiums,a fully equippedl car,weapons,uniforms, citation and report formsy and all other items furnished to deputies 's to perform their duties. The Countyremains 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 i for by the County will,at the end of their service life,be property of the County. EstimatedB. ESTIMATED CONTRACT COST: The Contract Cost is an estimate of e cost of providing service for a 12 month period. The Estimated Contract Cost for year one of this Contract(10/ 1/ 01 - / / 01 ) is the sum describedx ' it A, attached incorporated by reference herein. This sum is referred to as the E "Contract The Estimated Contract Cost assumes that the security requirements of the U.S. Transportation a °t iistrtion("FSA") do not increase. If TSA issues any Packet Pg. 1722 new Security Directives, or escalates the threat level,then the Estimated Contract Cost will not be adequate to fimd 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. U) 0 C. PAYMENT PROCEDURE: The County will pay the Sheriff in(12) equal monthly installments, in advance, on the first day of the month. .2 0 D. YEAR-END RECONCILLATION: At the end of each fiscal year, incurred costs 0 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 U) payments,the County will reimburse MCSO for the excess costs. If total payments 3: exceed incurred costs,MCSO will reimburse the County fort excess payment no 0 It than November 1, along with all year-end financial budget paperwork so that the County can complete their required year-end budget paperwork. E E. MINIMUM STAFFING LEVELS: E The County recognizes that certified law enforcement officers and AST's require continued training throughout their careers. Every deputy assigned to KWIA must C14 Q receive training identical to that is required by law and MCSO policy for all Sheriff's C1,4 C) deputies. C14 When a meraber of Sheriff s KWIA personnel is absent from KWIA due to training, E sick leave,vacation,retirement,resignation,discipline, union business or other authorized leave, Sheriff will fill the post with additional staff where necessary as E determined by the Director of Airport Security. The additional staff will be paid for by County. The County shall not be liable for overtime ors detail pay in excess U- of the amount approved in the attached budget without the prior authorization of the Airport Director or his superiors. E Every reasonable effort shall be made by MCSO to schedule training and vacations to minimize absence from KWIA. Packet Pg. 1723 6-APPLICABLE LAW; A. This Contract shall be governed by and construed under the laws of the to of Florida. Venue for all actions hereunder shall be in Monroe County,Florida. C14 CD B. The County and MCSO agree that they will comply with all relevant federal,state C"4 C) T- 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 U) 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 totake no .2 0 action contrary to the terms of any collective bargaining agreement. a. 1� 0 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. 0 7-TERM: E The to of this Contract begins October 1, 2018 and ends September 30, 2021. It will E 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. C14 CD C14 8-FUTURE YEAR PRICING: C14 A. County and MCSO will negotiate payment for the second and third years of this 0 Contract in time sufficient for preparation of budgets and tax rolls. When agreement E is reached, MCSO shall prepare and amended Exhibit A showing the agreed E Estimated Contract Cost amounts and the County shall prepare an amendment tothis agreement incorporating the amended Exhibit A. U- E B. If the parties are unable to agree on payments for ftiture years on a timely basis, then and in that event this Contract shall termin thate on September 30 of the then current Contract period. Packet Pg. 1724 o+ K.2.a B ' or/Chairperson ,.. EI , tK ,VIN MADOK, Clerk N cv .� By: W 1........... Deputy"°Clerk a a� MONROE UNTO SHERIFF'S FICE By: w _ Richard A. Ramsay a MUNROE COUNTY SHERIFF-S OFFICE APPI on r l, S TO FORM: i,/_BRICK J.McC ULEAH GENERAL COUNSEL DATE: � �� � �`" � CD cv CD cv 1 PAS O ORM. NROE COUNTY ATTORNEY E � a CHRISTINE LIMBBRT-BARRO S� E ASSISTANT CO 'I`I'OgNgy DATE: ,' )t u- Packet Pg. 1725 o K.2.a cv CD cv CD cv LL U) a 0 IL CL U) cv CD cv CD cv r_ 0 0 Packet Pg. 1726 MONROE COUNTY SHERIFF'S OFFICE BUDGET-AIRPORT 2 YEAR COMPARISON FOR FYE 2018 TO FYE 2019 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FY 2010 FY 2019 +OR PERSONNEL SERMCES C14 Headcount 29 29 Q C14 Executive Salary Regular Salaries 1,527,303 1,603,908 76,605 Overtime 5,410 5,410 - Incentive 7,080 7,660 480 U) Employer Taxes 117,794 123,691 5,897 0 .2 Retirement Contribution 214,507 239,231 24,724 Life Insurance 1,719 1,719 - Unemployment Compensation - - - 2 Total Personnel Services 1,873,813 1,981,519 107,706 0 ........... IL 1� 0 OPERATING EXPENSES Expenses Other Than Salaries U) Professional Services 3,825 3,825 Other Contractual Services 15,000 16,000 investigations - - Travel&Per Diem 1,650 2,000 350 Communications(Telephones) 11,400 9,000 (2,400) 0 Postage 100 100 Transportation (Freight) Utility Services - E Rentals - - - Insurance 25,200 29,000 3,800 Repairs&Maintenance 37,000 37,000 - E Printing - Office Supplies 4,000 4,000 Operating Supplies 45,646 45,646 Operating Supplies Computer<$1,000 - - Books,Subs&Memberships - C14 Training 9,000 9,000 C14 Total Operating Expenses 152,821 154,571 1,750 Q CAPITAL OUTLAY Other Building Improvements Machinery&Equipment-Radios Automobiles/Machinery/Equip. 40,000 40,000 ............ .................... Total Capital Outlay 40,000 40,000 C•O•NTINGENCY ......................... TOTAL 2,066,634 2,176,090 109,456 COUNTY COSTS:* -Health Insurances 383,611 383,611 -Workers Compensation 76,914 66,437 (10,477) -County Allocation - Total County Expenses 11 4 1 60 -(10,477) *Estimates TOTAL BUDGET 2,527,159 2,626,137 98,978 .................. 3.92% 1 Packet Pg. 1727 E x 1,\ i �) I" MONROE COUNTY SHERIFF'S OFFICE BUDGET-AIRPORT 2 YEAR COMPARISON FOR FYE 2019 TO FYE 2020 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FY 2019 FY 2020 +OR .....----- C14 C14 Headcount 29 29 Executive Salary - - Regular Salaries 1,603,908 1,693.671 89,764 Overtime 5,410 9,048 3,638 U) Incentive 7,560 6,360 (1,200) 0 Employer Taxes 123,691 130,745 7,053 Retirement Contribution 239,231 249,451 10,220 Life Insurance 1,719 1.831 113 Unemployment Compensation 0 Total Personnel Services 1,981,519 2,091 106 109,588 0 OPERATING SES U) Expenses OtheEXPEN r Than Salaries - Professional Services 3,825 3,000 (825) Other Contractual Services 15,000 10.100 (4,900) Investigations Travel&Per Diem 2,000 1,900 (100) 0 Communications(Telephones) 9,000 8,100 (900) Postage 100 70 (30) Transportation (Freight) E Utility Services Rentals E Insurance 29,000 26,500 (2,500) < Repairs&Maintenance 37,000 28,500 (8,500) Printing Office Supplies 4,000 1.000 (3,000) Operating Supplies 45,646 29,500 (16,146) Operating Supplies Computer<$1,000 C14 Q Books,Subs&Memberships C14 Training 9,000 6,000 (3,000) ................. C14 Total Operating Expenses 154,571 114,670 (39,901) .................. ............... as E CAPITAL OUTLAY Other Building Improvements as Machinery&Equipment-Radios E Automobiles/Machinery/Equip. 40 000 40,000 Total Capital Outlay 40,000 40,000 TOTAL 2,176,090 2,245,776 69,687 COUNTY COSTS:" -Health Insurances 383,611 383,611 -Worker's Compensation 66,437 63,675 (2,762) -County Allocation Total County Expenses 450,04' 447 286 (�,"7 62) *Estimates TOTAL BUDGET 2,6�6j'3­7 -11 66,1 924 2.55% 1 Packet Pg. 1728