Item C28 C.28
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ir �f �r�l � � Mayor Heather Carruthers,District 3
Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys 4� 1 _ 4 '{ql Craig Cates,District I
David Rice,District 4
wjFF-°W" Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: C.28
Agenda Item Summary #7078
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
No
AGENDA ITEM WORDING: Approval to rescind Second Amendment to Contract with the
Monroe County Sheriff's Office for Law Enforcement and Security Services at Key West
International Airport approved at the June 17th BOCC meeting and approval of Revised Second
Amendment reducing four positions funded under the contract from 29 to 25 as shown in Exhibit A
of the Agreement. Three positions were removed at the June 17th BOCC meeting and the revised
agreement reduces one (1) additional, vacant position for a total of four. The contract is paid by
Airport Operating Fund 404.
ITEM BACKGROUND: The second amendment was approved at the BOCC meeting on June 17,
2020 but Exhibit 1 was missing from the backup documentation.
PREVIOUS RELEVANT BOCC ACTION: On June 17, 2020, the BOCC approved the second
amendment which now includes the referenced Exhibit 1.
CONTRACT/AGREEMENT CHANGES:
Removes one (1) additional, vacant Airport Security Technician positions from the contract;
reducing total position head count from 29 positions to 25.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
REVISED EYW-MCSO 2nd Amendment(7/6/20)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract: -0-
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C.28
Total Cost to County: -0-
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
REVIEWED BY:
Beth Leto Completed 06/27/2020 3:36 PM
Richard Strickland Completed 06/30/2020 1:26 PM
Pedro Mercado Completed 06/30/2020 1:31 PM
Purchasing Completed 06/30/2020 1:33 PM
Budget and Finance Completed 06/30/2020 2:05 PM
Maria Slavik Completed 06/30/2020 2:17 PM
Kathy Peters Completed 07/01/2020 10:50 AM
Board of County Commissioners Pending 07/15/2020 9:00 AM
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C.28.a
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 E
subdivision of the State of Florida("County„)
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WITNESSETH
WHEREAS, on September 19, 2018 Monroe County entered into a three year Contract
with MCSO to provide Law Enforcement and Security Services at Key West International
Airport(the"Contract"), as amended on September 18, 2019, a copy of the Contract and First i
amendment is attached as Exhibit"1"; and
WHEREAS, compensation for Law Enforcement and Security Services is currently
based on 29 full time positions; and
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WHEREAS, due to the severe decline of passengers due to the COVID-19 world health
pandemic seven(7)Airport Security Technicians (ASTs)positions were furloughed on April 20,
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2020, and
WHEREAS, due to the current and future projected passenger volumes, there is not
enough passenger safety and security work for the number of Airport Security Technicians
(ASTs) currently funded under the contract; and
WHEREAS, the parties agree that the AST positions shall be reduced from twenty
positions to thirteen;
NOW THEREFORE,in consideration of the mutual covenants set forth in this First
Amendment, the parties agree as follows: LU
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Section 1. Amendment to Agreement. Exhibit A proposed Budget FY2020 personnel LU
services is hereby amended to remove four(4) AST positions,thereby reducing the total position LU
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headcount from 29 positions to 25 positions. Cost savings from the position reductions shall be
returned to the Airport in accordance with Section 5(D) of the original agreement.
Section 2. No Further Modifications. All other provisions of the Contract, other than
as specifically addressed herein, shall remain in full force and effect.
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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.
Reconunended by:
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k'char d Strickland,
Director of Airports
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(SEAL) MONROECOUNTYBOARD
Attest: Kevin Mado , Clerk of Courts OF COUNTY COMMISSIONERS
By: By:......
Deputy Clerk Mayor/Chairperson
Date:
...........
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(SEAL)
UNTYS MONROE I HERIFFIS 0 FICE:
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By:
F21110 FICE**
Richard A. Ramsay, Sheriff
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Date-_, E
Mon Date:
Mon �my Sheriff's Office N
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Approved as to form U)
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Patrick McCullah, General Counsel
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NROE CO ATTOnNEY
AOVE FORM
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ASSI UNTY ATTORNEY
Date_____ 7/6/20
C.28.a
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Exhibit 1
FIRST AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT
SECURITY SERVICES AT KEY WEST INTERNA17IONAL AIMRT
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 Sheriffs E
Office C 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 i
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;and
WHEREAS,Monroe County desires to amend the Contract to set the compensation for N
Fiscal Year 2019-2020(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 A ,reement. Section 5 of the Contract is amended to read as
follows:
***#*
5. PAYMENTFOR SF VICES
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5a. Monroe Count
y 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 >-
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provided during the second year of this Contract(10/1/2019-9/30/2020). This sum is referred to
as the"Contract Price." _
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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 Entbreement and Security Services Page 1
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C.28.a
Section 2._Second Year a ent I"e Exhibit"A"of the Contract is replaced in its
entirety with rePlacenent Exhibit"A-2019"attached. An references to Exhibit"A"in the
Contract shall be from October 1,2019 forward refer to the ripla cement Exh bit"A-201959.
____o 3. No er t ions. All other provisions of the Contract,other than
as specifically addressed herein,shall remain in full force and effect. E
IN SS 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 0
written.
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is Madok,Clerk of Court
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- Deputy
Date: Jf1,Z+1 a
(SEAL)
MONROE COUNTY SHERIFFS OFFICE: N
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By: Ca::Dr- c7 m
Richard A. say,Sheri C-tni -n �-
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Date. wdr- !r �p
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Monroe County Sheriffs Office
Approved as to form
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Pa i cCullah,General Counsel
First Amendment to Contract for KW1A Law Enforcement and Security Services Page 2
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APPRO AS MONROE COUNTY ATTORNEY
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County A ey ca
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Pirst Amendment to Contract for KWIA Law Enforcement and Security Services Page 3
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C.28.a
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MONROE COUNTY SHERIFF'S OFFICE
BUDGET-AIRPORT
2 YEAR COMPARISON FOR FYE 2019 TO FYE 2020
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FY 2012 FY 2020 +OR$
P_ER8 NNEL SEFMgE&
Headceunl 28 29
Executive salary _ _
Regular Salaries 1,603,908 1,693,671 69,784
owarthm 5,410 9,040 31638
Incentive 7,580 6,360 (1,200)
Employer Taxes 123.691 130.745 7,063
Retirement Contribution 239,231 249.451 10.220
Life Imumnca 1,719 1,831 113
Unemployment Compensation I
Total Personnel Services 1.981,519 2,091.106 109,688
Expenses OPE TINGE PENSES
Other Than Salaries _ - 0
Professional Services 3,82E 3,000 (825) N
Other Contractualsery 15,000 1D,10D (4,900) >
Inveftellms
Travel 8 Per Dlem 2,000 1,900 (100)
Communications(Telephones) 9,000 81100 (900)
Postage 100 70 (30)
Transportation (Freight) _ _ -
Udlity Services
Rentals _
Insurance 29,000 20,500 0
(2,500)
pelrs S,Maintenance 37,000 28, (8,500)
Office printing _ _ 0
0
Supplies 4,000 1,000 (3,000)
operating Supplies 45,648 29,800 (16,146)
Operating Supplies Computer c$1,000 _
130*s,Subs&Memberships _ 0
Training
9,000 6,000 (3,00
Total Operating Expenses 164.571 114,670 (39,001)
CAPI &6 OUTLAY >-
Other Building Improvements
Maohlnery 8 Equipment-Radios
AutomobilestMachherymquip. 40,000 40,000 -
Total Capital Outlay 40p00 40, p
,03
CQUI INGI:NGY ;.
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TOTAL 2,176,090 2.246.776 09,687
COUNTY COSTS:' ._ ns
Health Insurances 383,611 353.611
Worker's Cornpensellon 68,437 63,075 (2,702)
-County AU=kn _
Total County,Expenses ,048 447,288
'Eeummfeq (2 7
TOTAL BUDGET 2 626 137 2093,0062 '
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C°28.a
CO.NTRACT FOR LAW ENFORCE N'�'Aft
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THIS CONTUACT'is entered ipW bY,AW between the . o . 'C' 'Ounty'. . S$ i s Of.
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3-APPODUMENT AND . -SELECTION: Ua
A. e Sheri Skeriff Mains.compj opW ov ' INlity f6r,the aopOi t of
his - lo
B. e rof i o, or- ° i' l c f U)
e 'o ® to " S °n
a• . finalls
eSheriff o --to maiMaiii Airport S:eamity�, . C s d.
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t ong. Thb AST fitness . s qnly ipk " to ..
Airport Security T.ecbnicim aifiafOddber 20,20'10. Upon minadtaflofi with the
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C.28.a
Director of Airports,the AST fitness standards shall be subject to modification or
termination.
4-SEWRIFFIS RESPONSIBELrMS FOR KWIA PERSONNEL:
A. Bmployees assignedto work at KWIA shall remain the Sheriffs personnel. They
shall be subject to all policies,rules,regulations,and discipline of the MCSO.
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B.
e County will not conduct investigations into any alleged misconduct of Sheriffs
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 shaU be informed of the outcome of the i
investigation.
5- :
A. COST]REIMBURSEMENT: The County shall,while this Contract is in vMct N
reimburse the Sheriff the actual cost of each assigned-employee's sal (at rates in
effect as of the execution of this Contract,and including all future raises when
effective),including all benefits,whether provided u the County or through
CSO,retirement contributions,social security and Medicarepayments and any W
other sums requiredby the federal or state government owed in connection with the
payment of wages or benefits,salary incentive payments,professional liability and
motor vehicle insurance p ,a fWly equipped patrol car,weapons,uniforms,
citation and m7ort forms and any and all other items furnished to deputies and AST's
to paform their duties. The County remains responsible for the costs of health
insurance,life insurance,and worker's compendation coverage as now or in the future
provided to MCSO personnel. All vehicles paid for by the County will,at the and of
their service life,be property of the County. ,
ESTIMATEDB. 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/Ol/2018-09/30 19)is the awn described on Exhibit A,
attached and incorporated by reference herein. This sum is referred to as the
"Contract Price'.
The Estimated Contract Cost assumm that the security requirements of the U.S.
Transportation Security Administration CTSA')do not increase. If TSA issues any
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now 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 security
requirements,then the County will give the Sheriff written notice of the new E
requirements and specify any additional suff or staff o ui . In the next
billing cycle,the County will reimburse the Sheriff all costs,over and above budgeted E
costs,incurred a result of federal action.
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C. The County will pay the Sheriff in(12)equal monthly
installments,in advance,on the first day of the month.
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D. YEAR-END
CON I : 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 incurreil costs exceed total
payments,the County will reimburse MCSO for the excess coats. If total payments 2
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exceed incurred costs,MCSO will reimburse the County for the excess payment no
later than November 1,along with all year-end ancial budget pap so that the
County can complete their required year-end budget paperwork.
E. MINBCM STAFFING LEVELS:
The County recognizes law enforcement officers and AST's require
continued training throughout their .. Every deputy assigned to KWIA must
receive training identical to that is required by law mid 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 LU
determined by the Diredor of Airport Security. The additional staff will be paid for
by County. Ile County shall not be liable for overtime or special detail pay in excess 5;
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 d vacations to
° .ze absence from KWIA.
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C.28.a
"PFUCABLE LAW:
A. This Contract WWI be governed by and construed der the laws of the State of
Florida. Venue for all actions hartinder shall be in Monroe County,Florida.
The County and MCSO agree that they will comply with all relevant federal,state
d county laws and regulations and specifically agm not to discriminate against any
pawn based on religion,gender,ethnicity,national origin,disability,or sexual N
prefemce. They agree to comply in all respects with the provisions of the federal
Fair or Standards Act with regard to overtime pay and conditions of work. They
admowledge that certified law enforcement deputies of a collective
bargaining 't represented by the Fraternal Order of Police,and agm to take no i
action contrary to the terms of y collective bargaining agreement.
C. a 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 >
Intend Affairs,or the Sheriff. �.
7-T `V
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.
S-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 agreedLU
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 Wee on payments for finure years on a timely basis,then
and in that event this Contract shall terminate on September 30a`of the then current
Contract period.
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® MONROE COUNTY SHERIFFS OFFICE
BUDGET.AIRPORT
2 YEAR COMPARISON FOR FYE 2018 TO FYE 2019
OPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FY 18 PY 2010 +O (-
_. -
PERSONNEL SERVICES
Hoedown 29 20 -
Ewcutiva -
RmularSeleries 1,527,303 1.603,008 70,605
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Overtime 5,410 5.410 0
Incentive 7,080 71650 480
EmployerTium •117,794 123.001 5,897
Rethinerd Cwtribution 214,507 230.231 24,724
1,719 1,719 -
Unemployment Compensation - - -
Total Personnel Services 11873,813 1, 1,519 107.708 i
OPERATING EXPENSES
Eqmmaa Other Then Salaries
- -
Prolassional Services 3,625 30826 -
Other Contractual Serving 15,000 15,000 - .N
Investigations -
Travel&Per Dlem 1,650 2.000 350
Communicallms(Telephones) 11,400 0.000 (2,400)
Pgfte 100 100 -
Transportation (Freight) - - . c`
u1111t1r Serving
Rentals
Insurance 26,200 29,000 3,000
Rapalm&Maintenarm 37,000 37,000 -
Printing E
Office Supplles 4,000 4.000 -
Operating Supplies 45,846 45,846 -
Opemft Supplies Computer<$1,000 - -
BooW Subs&Memberships - .
Training 9,000 9,000 -
.. ......
Tote]Operating Expenses 152,821 164,571 1,750
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CAPITAL OU Y
Other Building Improvements Machinery&Equipment-Racfioa -
A nery/Equip. 40,000 40,000
Total Capital Outlay 40,000 40,000 U)
TOTAL 2,056,634 2.176.090 109,456
COUNTYCOSTS:*
-Health Insurances 3,611 383,611
-Workers Compensation 76,914 66,437 (10,477)
-County Allocation
Total County Expenses 480 2525 4 8 10,477)
TOTAL BUDGET 2, 71 2,02 ,137 - 9 ,978w
® 3.92%
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