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FY2019-FY2021 3rd Amendment 10/21/2020 ._ % 1' 1T..;r'i�G6.�.. 1 1I -b: • 1, Kevin Madok, CPA W!. ' " -r Clerk of the Circuit Court&Comptroller—Monroe County, Florida r DATE: October 30, 2020 TO: Patrick McCullah General Counsel, MCSO Michelle Quad Executive Assistant ''� FROM: Pamela G. Hancotk,)iA.C. SUBJECT: October 21`BOCC Meeting Attached is an electronic copy of the following item for your handling: C27 3rd Amendment to Contract with the Monroe County Sheriff's Office for Law Enforcement and Security Services at Key West International Airport to set the annual compensation in the amount of$2,430,265.00 for Fiscal Year 2020-2021.The contract is paid by Airport Operating Fund 404. Should you have any questions please feel free to contact me at (305) 292-3550. 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 THIRD AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT This Third 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 Office ("MCSU'), a subdivision of the State of Florida, and Monroe County, a political subdivision of the State of Florida("County). WITNESSETH WHEREAS, on September 19, 2018 Monroe County entered into a three year Contract with MS O to provide Law Enforcement and Security Services at Key West International Airport (the"Con tracV'); 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, on September 18, 2019, the board approved the first amendment to the Contract adjusting the compensation for Law Enforcement and Security Services; and WHEREAS,on July 15, 2020,the board approved the second amendment to the contract in order to reduce the number of AST positions; and WHEREAS,the parties desires to amend the Contract to set the compensation for Fiscal Year 2020-2021 (the"Third Amendment"); NOW THEREFORE, in consideration of the mutual covenants set forth in this Third Amendment, the parties agree as follows: Section 1. Amendment tqAgEeement._Section 5b of the Contract is amended to read as follows: 5. PAYMENT FOR SERVICES. 5b. 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 the third year of this Contract(10/112020-09/30/202 1) is the sum described on Exhibit A-202 1, attached and incorporated herein. This sum is referred to as the"Contract Price." Section 2. No Further Modifications. All other provisions of the Contract,other than as specifically addressed herein, shall remain in full force and effect. Third Amendment to Contract for KWIA Law Enforcement and Security Services Page 1 :.. IN WITNESS WHEREOF,the parties hereto have accepted,made and executed this ,�. }.4 - i s ant upon the tens and conditions above stated on the day and year last below q �+ min Medok,Clerk of Cowl MONROECOUNTY BOARD OF COUNTY CO ISS HERS By. By: as Deputy Clerk Ma dC ���� Date: 6"c^yy0"^4. 21, ' ae MONROE COUNTY ATTORNEY Ped .Mercado Assi t County Attorney" (SEAL) MONROE COUNTYOU SHERIFF'S OFFICE: By: E7�/ Richard A.Ramsay,S ff Data OCr zd�' ..2 3 Monroe County Sheriffs Office Approved as to foesic, w 0 op a n; By_ = c� P McCullah,General Counsel - _e Date: /n/SO/c0 ...A Third Amendment to Contract for KWIA Law Enforcement and Security Services Page 2 EXHIBY I CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT Monroe County SheriWs Office And Monroe County Board of County Commissioners THIS CONTRACT is entered into by and between the Monroe County Sherifrs Office (hereinafter referred to as"MCSO"or the"Sheriff')and the Board of County q0trunis rs of Monroe County(hereinafter referred to as the"County")on the 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("KWW). 'Me County and the Shmiff have agreed that MCSO will provide those services. This Contract states the terms of the agreemeaL 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 C"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 Sherifrs 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 assipment 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 fand the position have been secured. Additional personnel will be assigned to KWIA after completing the SherifPs 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-SHERIFFIS RESPONSIBELITIES FOR KWIA PERSONNEL: A. Employees assigned to work at KWIA shall remain the Sherifrs 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 SherifPs personnel,but must promptly report such matters to the MCSO supervisor,MCSO Internal Affairs,or the Sheriff. Upon completion of the investigation into the all act of misconduct,the Director of Airports shall be informed of the out 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 assigna&ernploy6e's salary(at rates in effect as of the execution of this Contract,and including all firturvraises 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 govermnent 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 fonns and any and all other items fiiinished to deputies and AST's to perfonn 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,athe end of their service life,be property of the County, B. ESTIMATED CONTRACT COST: The Estimated Contract Cost is an estimate of the cost frooviding 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 stun is referred to as the "Contract Price'. The Estimated Contract Cost assumes that the security requirements of the U.S. `Tr ansportation'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, on 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. MCSC 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 to payments exceed incurred costs, MCSO will reimb-arse 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 it required year-end budget paperwork. E. MINIMUM STAFFING LEVELS: The County recognizes that certified law enforcement officers and AST's require continued training tbr our ghout 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 KW IA. 6-APPLI CABLE 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 actm owl edge that certified law enfor 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 3&of the then current Contract period, r/Chairperson t d ear , , BYv. __ _ ...... Deputy Clerk C2 ' '7A C9 - C.3ry: MOLAR SHERIFF'S FFIE y: °chard A. Ramsay MONROE COUNTY SHERIFF'S OFFICE P 4ATO FORM: a ICK J. U H GENERAL COUNSEL DATE: ....... MONROE COUNw ATMRNEy vErr as FO tl A^ ass t, --a o Ex k,b A - )_off MONROE COUNTY SHERIFFS OFFICE BUDGET.AIRPORT 2 YEAR COMPARISON FOR FYE 2018 TO FYE 2010 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FY 2018 FY 2019 +OR Headword 29 29 Executive Salary Regular Salades, 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 We insurance 1,719 1,719 Unemployment Compensation - - Total Personnel Services' 1,873,813 1,961,519 1107,706 !fig_XPEN§Ag Expenses Other Than Salaries Professional Services 3,825 3,825 Other Contractual Services 15,000 15,000 InvesWations Travel&Per Diem 100 2,000 350 Communications(Telephones) 11,400 9,000 (2,400) Postage 100 100 Transportation (Freight) - - 1.19fity Services Rentals - - Insurance 25ZO 29,000 3,800 Repairs&Maintenance 37,000 37,000 - Printing - - Office Supplies 4,00 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 GAMALMLAY1 Other BuHding Improvements Machinery&Equipment-Radlos - - AutornobliesNachinerylEquip, 40,000 40,000 Total Capital Outlay 40,000 40,000 gQ8jffqENCY - - TOTAL 2,066,634 2,176,090 109,456 COUNTY COSTS:' Health Insurances 383,611 383,811 Worker's Compensation 76,914 66,437 (10,477) County Allocation _Total County Expenses 460.526 450,048 (10,477) �,527,15�9 _26 -8,978- TOTAL BUDGET 26,137 - 3.92% Ex k MONROE COUNTY SHERIFFS OFFICE BUDGET-AIRPORT 2 YEAR COMPARISON FOR FYE 2019 TO FYE 2020 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE Fy 20119 FY 2020 +OR Hoadcount 29 29 Executive Salaq - - Regular Salaries 1,003,908 1,693,671 89.7S4 Overtime 5,410 9,048 3.638 In centive 700 6,360 (1,200) Employer Tioms 123,691 130,745 7,053 Retirement Cantfibution 239,231 249,451 10® Lft Insunance 1,718 1,631 113 Unemplayment Compensation - - - Total Personnel Services 1>9811519 21091joe 109.568 2MAnNfi-E&NE .NSES Expenses Other Than Salaries - Pro l Services 3,825 3,000 (826) Other Contractual Servims 15,000 10,I013 (4.800) Inveftations Travel&Per Diem 2,000 1,900 (100) Cormunleadons(Telephones) 9,000 8,100 (900) Postage 100 70 (30) Transpormflon (Freight) Utility services Rentals - Insurance 2%000 26,500 (21500) Repairs&Maintenance 37A00 26A00 (8®500) prinung officesupplies 4,000 1 A00 (3,000) Operating Supplies 45,646 20,500 (16,146) openifing SUPPHes Computer $1 A00 - - Books,Subs&MernbeneMps Training g'000 6,000 (3,000) Total Operating Expenses 154,571 114,670 (39,901) 26ERWO-U-T.I.Ax Other Building Improvements Machinery&Equipment-Radfor. - - AutornobifeWachinery/Equip. 40,000 40,000 Total Capitol Oulley 40,000 40,000 CONTINGENCY TOTAL 2,176,090 2,245,776 69.687 COUNrYCOSTV -Health Insurances 383,611 383,611 - -Workers Compensation 66,437 63,675 (2,762) -Coen ly Allocalton Total County Expenses 450,048 447,286 762) Tsdarafts TOTAL BUDGET 2,626,137 2,693,062 66.924 2.55% EXH IBY`119,, A 2021 MONROE COUNTY SHERIFF'S OFFICE BUDGET-AIRPORT 2 YEAR COMPARISON FOR EYE 2020 TO EYE 2021 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FY 2020 FY 2021 +OR 25JLS RN9LjjRYICES Headcount 29 25 (4) Executive Salary - Regular Salaries 1,693,671 1,491,085 (202,586) Overtime 9,048 8,700 (348) Incentive 6,360 7,440 1,080 Employer Taxes 130,745 115,303 (15,442) Retirement Contribution 249,451 259,229 9,778 Lit Insurance 1,831 1,750 (81) Unemployment Compensation - - - Total Personnel Services 2,091,106 1,883,607 .......1207,599 PP TING E C ES Expenses Other Than Salaries Professional Services 3,000 2,800 (200) Other Contractuat Services 10,100 9,170 (930) Investigations Travel&Per Diem 1,900 6,000 3,100 Communications(Telephones) 8,100 9,000 900 Postage 70 100 30 Transportation (Freight) - - Utility Services Rentals - - - Insuranoe 26,500 30,000 3,500 Repairs&Maintenance 28,500 39,000 10,500 Printing - - - Office Supplies 1,000 1,000 Operating Supplies 29,500 28,000 (1,500) Operating Supplies Computer<$1,000 Books,Subs&Memberships - - - Training 6,000 2,000 (4,000) _ Total Operating Expenses 114,670 126,070 11,400 CAPITAL OUILM Other Building Improvements Machinery&Equipment-Radios - - Automobiles/Machinery/Equip. 40,000, 40,000 Total Capital Outlay 40,000 40,000 QgffllfifiENCY - - TOTAL 2,245,776 2,049,577 (196,199 COUNTY COSTS:* Health Insurances 383,611 330,699 (52,912) Worker's Compensation 63,675 49,989 (13,686) County Allocation - Total County Expenses 447,286 380,688 m (66,598) *Esdmates TOTAL BUDGET 2,693,062 2,430,266 (262,797)