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Item C27 C.27' BOARD OF COUNTY COMMSSIONERS County of Monroe f ma Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 =E �j David Rice,District 4 `w'P•=w Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: C.27 Agenda Item Summary #7435 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 NA AGENDA ITEM WORDING: Approval of Third 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. ITEM BACKGROUND: The contract for law enforcement and security services at the Airport is set for a three-year term and is amended annually to set the contract sum each fiscal year. PREVIOUS RELEVANT BOCC ACTION: On September 19, 2018, the BOCC approved the most recent three-year agreement with MCSO for law enforcement and security services at the Airport; on September 18, 2019, the first amendment to contract was approved to update the FY2020 contract sum; and on July 15, 2020 the second amendment to contract was approved in order to reduce the number of AST positions. CONTRACT/AGREEMENT CHANGES: Sets FY2020-2021 contract sum. STAFF RECOMMENDATION: Approval. DOCUMENTATION: KWIA -LEO security contract- 3rd amendment FY2020-FY2021 FINANCIAL IMPACT: Effective Date: October 1, 2020 Expiration Date: September 30, 2021 Total Dollar Value of Contract: $2,430,265.00 Total Cost to County: -0- Packet Pg. 971 C.27; Current Year Portion: $2,430,265.00 Budgeted: yes Source of Funds: Airport Operating Fund 404 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: no Insurance Required: no Additional Details: 10/21/20 404-63200 - KEY WEST AIRPORT SECURIT $2,430,265.00 REVIEWED BY: Beth Leto Completed 10/01/2020 5:30 PM Richard Strickland Completed 10/02/2020 4:35 PM Pedro Mercado Completed 10/02/2020 4:51 PM Purchasing Completed 10/02/2020 5:17 PM Budget and Finance Completed 10/03/2020 4:52 PM Maria Slavik Completed 10/03/2020 8:17 PM Liz Yongue Completed 10/05/2020 9:33 AM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg. 972 C.27.a THIRD AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT This Third en et to Contract for Law Enforcement and Security Services at Key 2 r- est International Airport between Monroe County and Monroe County Sheriff s Office, is made 0 and entered into as of the date last written below by and between Monroe County Sheriff s Office 0 (" C "), a subdivision of the State of Florida, and Monroe County, a political subdivision of e State of Florida ("County" . WITNESSETH on September 1 , 2018 Monroe County entered into a three year Contract co with o provide Law Enforcement and Security Services at Key West International Airport (the"Contract"); and va pursuant to Section 8a oft e Contract, compensation for Law Enforcement and Security Services for each fiscal year shall be set by amendment to the Contract; and on September 1 , 2019, the boardapproved the first amendment tote >- Contract adjusting the compensation for Law Enforcement and Security Services; and on July 1 , 2020, the board approvede second amendment to the contract >- in order to reduce the number of ASTpositions; and Q N the parties desires to amend the Contract to sett e compensation for Fiscal �- Year 02 -2 1 (the"Third en ent"); NOW THEREFORE, in consideration of the mutual covenants set forth in this Third Amendment, the parties agree as follows: CU Section 1. Amendment to Agreement. Section 5b of the Contract is amended to read as co r follows: 5. PAYMENT FOR SERVICES. U 5 e Estimated Contract Cost is an estimate oft e cost of providingservice for a 12 monthperiod. e Estimated Contract Cost fort e third year oft is Contract (1 /11`2020 - / 0;' 21) is the sum describedon ExhibitA-202 1, attached and incorporated erein. This sum is referred to as t "Contract rice." J Section i e . All other provisions oft e Contract, other than asspecifically addressed erein, shall remain in full force and effect. Q) U Third Amendment to Contract for KWIA Law Enforcement and Security Services Page 1 Packet Pg. 973 C.27.a IN WITNESS WHEREOF,the parties hereto have accepted, made and executed this First Amendment upo the terms and conditions above stated on the day and year last below written. U (SEAL) MONROECOUNTY BOARD OF 0 Attest: Kevin Madok, Clerk of Court By: : as Deputy Clerk _____ Mayor/Chairperson n E Date: _. coOL Pedrc ` . Mercado Assist County Attorney'— (SEAL) 04 MONROE COUNTY SHERIFF'S OFFICE: 04 04 By: 04 Richard say, Sheriff Date: ............... ............... Monroe County Sheriffs Office Approved to form co r U :......... .............. Patrick cull rl Counsel U Date: J r U Third Amendment to Contract For KWIA Law Enforcement and Security Services Page 2 Packet Pg. 974 C.27.a EXHIBIT CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT Monroe County Sheriff's Office And 0 Monroe County Board of County Commissioners 0 0 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 �ar�ar�aissior�ers of Monroe County(hereinafter referred to as the"County") on the day of 201 S. co 1-PURP0SE: The County has an obligation to provide law enforcement and security services III 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 0 agreement. 2-SCOPE OF SER' ICES- 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 K "'I.A to protect Q 04 people and property and enforce the criminal law, traffic and parking regulations, and airport rules and regulations. 04 04 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 K 'IA 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 "o will be assigned to KWIA after completing the Sheriffs hiring process. 3-APPOINTMENT AND SELECTION: 0 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 r the selection of personnel assigned to KWIA,however, I :CSO 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 Teelmicians after October 20, 2010. Upon consultation with the Packet Pg. 975 C.27.a Director of Airports, the AST fitness standards shall be subject to modification or termination. U 4-SHERIFF'S RESPONSIBILITIES FOR KWIA PERSONNEL: 0 A. Employees assigned to work at KWIA shall remain the Sheriff s personnel. They 0 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 co Internal .Affairs, or the Sheriff. Upon completion of the investigation into the alleged act of misconduct,the Director of Airports shall be inforined of the outcome of the 0 investigation, r 5-PAYMENT FOR SERVICES A. COST REIMBURSEMENT:NT: 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 r_ their service life,be property of the County. U 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 (10/01/201 -09/30/ fhlq)is the sum described on Exhibit A, attached and incorporated by reference herein. This sure is referred to as the "Contract Price". The Estimated Contract Cost assumes that the security requirements of the U.S. U Transportation Security Administration ("TSA") do not increase. IfTSA issues any Packet Pg. 976 . C.27.a1 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 specie 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 (1 ) equal monthly installments, in advance, on the first day of the month, J Cn e� D. YEAR-END CONCILLA'T'ION: 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 total payments v 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 ' N 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 MCSC policy for all Sheriff's deputies. When a member of Sheriff s K'► IA personnel is absent from KVIA 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 N 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. e Every reasonable effort shall be made by I CSO,to schedule training and vacations to E minimize absence from K 'l . 2 Packet Pg. 977 C.27.a1 6-APPLICABLE LAW: A. This Contract shall be governed by and construed under the laws of the State of U 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 °i 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 J bargaining unit represented by the Fraternal Order of Police,and agree to take no Cn action contrary to the terms of any collective bargaining agreement. 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. N 7-TERM: The terra of this Contract begins October 1, 2018 and ends September 30, 2021, It will a 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. E U 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 N 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 tl'h of the then current U Contract period, Racket Pg. 978 p C.27.a r/Chairperson r' °° Q, l IN MADOK, Clerk k� id N�qa C8 By. Deputy Clerk Cam C70 el Cz Cn MONRMOEN SHERIFF'S FFICE C) Richard A. Ramsay 04 04 MONROE COUNTY SHERIFF'SOFFICE cv APP VED A TO FORM: 04 CCUL, MEAL COU SEL DATE: 1 U 2 e U U vEZ7 5 FC3�: N HR TINE L[MBE T- Rt3 ssi�Tt� T e rIS Tt t "` — e U Packet Pg. 979 MONROE COUNTY SHERIFF'S OFFICE BUDGET-AIRPORT 2 YEAR COMPARISON FOR FYE 2018 TO F'YE 2019 U ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FY 2018 FY 201 +OR(-) (.J PERSONNEL SERVICES Headcount 29 29 Executive Salary e Regular Salaries 1,527,303 1,603,908 76,605 as 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 1719 Unemployment Compensation - - U7! Total Personnel Services 1,873,813 1,981,519 107,706 0 OPERATING EXPENSES Expenses Other Than Salaries Professional Services 3,825 3,825 - Other Contractual Services 15,000 15,000 04 Investigations _ - _ 04 Travel&Per Diem 1,650 2,O00 350 Communications(Telephones) 11,400 910100 (2,400) 04 Postage 100 100 _ (D Transportation (Freight) - - - 04 Utllity Services Rentals - - - Insurance 25,200 29,000 3,800 4) Repairs&Maintenance 37,000 37,000 - Printing Office Supplies 4,O00 4,000 Operating Supplies 45,646 45,646 - Operating Supplies Computer c$1,000 - - Books,Subs&Memberships _ - _ Training 91000 9,000 T Total Operating Expenses 152,821 154,571 1,750 U CAPITAL OUTLAY Other Budding Improvements - - (Machinery&Equipment Radios - - 4) AutomobifeslMachlnery/Equip. 40,000 40,000 N Lul Total Capital Outlay 40,000 40,000 TOTAL 2,066,634 2,176,090 109,456 e COUNTY COSTS:' Health Insurances 383,611 383,611 - -Workers Compensation 76,914 66,437 (10,477) -Courtly Allocation - +d Total County Expenses 460,525 450,048 (10,477) *Estimates TOTAL BUDGET 2,527,159 2,62677 98,978 3.92% Packet Pg. 980 .� , J MONROIE COUNTY SHERIFF%OFFICE BUDGET-AIRPORT 2 YEAR COMPARISON FOR FYE 2019 TO FYE 2020 U ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE O FY 2019 FY 2020 +OR$) O 0 PERSONNEL SERVICES Headcount 29 29 Executive Salary _ a) Regular Salaries 1,603, 08 1.693,671 89,764 Ovart me 5,410 9,048 3,638 incentive 7,560 6,360 (1,200) Employer Taxes 123,691 130,745 7,053 eo Retirement Contribution 239,231 249,451 10,220 Life Insurance1,719 1,831 113 Unemployment Compensation _ U) Total Personnel Services 1,981,519 2,091,106 109,588 r DPERATING EXPENSES >- penses Other Than Salaries Professional Services 3,825 3,000 (825) 04 Other Contractual Services 15,000 10,100 (4,900) investigations - 04 Travel&Per Diem 2,000 1,900 (100) , Communications(Telephones) 9,000 8,100 (900) 04 Postage 100 70 (30) Transportation (Freight) >_ U111 fy Services Rentals _ Insurance 29,000 26,500 (2,500} Repairs&Maintenance 37,000 28,500 (8,500) Printing Office Supplies 4,000 1,000 (3,000) Crj Operating Supplies 45,646 29,500 (16,146) 10 Operating Supplies Computer<$1,000 _ Books,Subs&Memberships _ r Training 91000 6,000 (31000) Crj Total operating Expenses 154,571 114,670 (39,901) O U CAPITAL OUTLAY ` Other Building Improvements Machinery&Equipment-Radios - v1 Auto oblfesiMachinary/Equip. 40,000 40,000 J Total Capital Outlay 40,000 10 00p r CONTINGENCY _ W TOTAL, 2,176,020 2,245,776 69,687 COUNTY COSTS:, Health Insurances 383,611 383,611 U CU Worker's Compensation 66,437 63,676 (2,762) County Allocation - Total County Expenses 450,048 447,286 (2,762) 'Es sfes TOTAL BUDGET 2,626,137 2,693,062 � 66,924 _ 2.55mfg Packet Pg.981 C.27.a X ` " MONROE COUNTY SHERIFF'S OFFICE UT-AIRPORT 2 YEAR COMPARISON FOR FYE 2020 TO FYE 2021 U ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE 0 FY 2020 FY 2021 +OR(-} 0 PERSONNEL SERVICES 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 1,00 7 Employer Taxes 130,745 115,303 (15,442) Retirement Contribution 249,451 259,229 9,778 Uj Life Insurance 1,831 1,750 (81) Unemployment Compensation - - - U) Total Personnel Services 2,091,106 1,883,507 (207,599) r OPERATING XP S S Expenses Other Than Salaries - - - Professional Services 3,000 2,800 (200) Other Contractual Services 10,100 9,170 (930) Investigations - - - >- Travel&Per Diem 1,900 5,000 3,100 Communications(Telephones) 8,100 9,000 900 Postage 70 100 30 Transportation (Freight) - - - ?- Utility Services - Rentals - - - Insurance 26,500 30,000 3,500 Repairs&Maintenance 28,500 39,000 10,500 Printing - - - a) Office Supplies 1,000 1,000 - Operating Supplies 29,500 28,000 (1,500) Operating Supplies Computer<$1,000 - - - ooks,Subs&Memberships - - - Training 6,000 2,000 (4,000) Total Operating Expenses 114,670 126,070 11,400 0 U CAPITAL OUTLAY Other Building Improvements - achinery&Equipment-Radios - - - Automobiles/Machinery/Equip. 40,000 40,000 J Total Capital Outlay 40,000 40,000 - CONTINGENCY - - TOTAL 2,245,776 2,049,577 (196,199) COUNTY COSTS:* -Health Insurances 383,611 330,699 (52,912) U -Worker's Compensation 63,675 49,989 (13,686) -County Allocation - - Total County Expenses 447,286 380,688 (66,598 *Estimates; TOTAL BUDGET 2,693,062 2,430,265 (262,797) - - -9.76% Packet Pg. 982