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Item J07 J.7 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting September 21, 2022 Agenda Item Number: J.7 Agenda Item Summary #11024 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Approval of First Amendment to Contract with the Monroe County Sheriffs Office for Law Enforcement and Security Services at Key West International Airport setting the annual compensation for Fiscal Year 2023. The contract is paid from 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 for each fiscal year PREVIOUS RELEVANT BOCC ACTION: On October 20, 2021, the BOCC approved the most recent three-year agreement with MCSO for law enforcement and security services at the Airport. CONTRACT/AGREEMENT CHANGES: Sets FY2023 contract sum STAFF RECOMMENDATION: Approval DOCUMENTATION: EYW-MCSO LEO 1st Amendment(FY23) FINANCIAL IMPACT: Effective Date: October 1, 2021 Expiration Date: September 30, 2024 Total Dollar Value of Contract: $2,840,452.35 for year 2 of 3 Total Cost to County: 0 Current Year Portion: Budgeted: Yes Packet Pg. 2742 J.7 Source of Funds: Airport Operating Fund 404 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: 09/21/22 404-63200 - KEY WEST AIRPORT SECURIT $2,840,452.35 REVIEWED BY: Beth Leto Completed 08/24/2022 2:59 PM Richard Strickland Completed 08/29/2022 2:27 PM Pedro Mercado Completed 08/29/2022 2:52 PM Purchasing Completed 08/29/2022 3:06 PM Budget and Finance Completed 08/29/2022 3:09 PM Brian Bradley Completed 08/29/2022 5:26 PM Lindsey Ballard Completed 08/31/2022 11:56 AM Board of County Commissioners Pending 09/21/2022 9:00 AM Packet Pg. 2743 J.7.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"). WITNESSETH ............................. WHEREAS, In October 20. 2021 Monroe County entered into a three year Contract with MCSO to provide Law Enforcement and Security Services at Key West International c� 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 W 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 W i Fiscal Year 2022-2023 (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 reement. Section 5 of the Contract is amended to read as follows: E E 5. PAYMENT FOR SERVICES. ,.. ..............,,.,.,., ,., „- o 5a. Monroe County agrees to pay the sum of$2,840,452.35 (Two Million Eight Hundred Forty Thousand Four Hundred Fifty Two Dollars and Thirty Five Cents) for services, tLO O equipment and supplies provided during the second year of this Contract(10/1/2022-9/3 0/2023). This sum is referred to as the"Contract Price." W 5c. Monroe County will pay the Sheriff s 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. 2744 J.7.a Section 2. Second Year Payment Terms. Exhibit"A"of the Contract is replaced in its entirety with replacement Exhibit"A-2023"attached. All references to Exhibit"A"in the Contract shall be from October 1,2022 forward refer to the replacement Exhibit"A-2023". 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. E BY_. ......w.. .. a.. .._-_-----. . Mayor/Chairperson Digitally signed by Pedro Mercado DN:cn-Pedro Mercado, Date: =NMWY FORM � o=Monroe County, 7ou-County Attorneys SEAL �ssr� office,email,-mercado- ( ) oms,_,_,_ Pedromonroecounty Fl.gov,c=SUS Date:2022.08.23 13:42:08 -04'00' i Attest: Kevin Madok, Clerk of Court By:. .. Deputy Clerk CN Date: a� (SEAL) E E SHERIFF'SMONROE COUNTY U) o B Y' Rich, rd A. Ramsay, Sheriff U Date: W Mol . e County Sheriff's Office Approved as tp, P i ck McCullah,General Counsel mwwmwmw....wwwwmmw..u�..... First Amendment to C m miWiim of ,µ„mm wmwmwwmuwwwm Security Contract for KWIA Law Enforcement and Securi Services Page 2 Packet Pg. 2745 J.7.a MONROE COUNTY SHERIFF'S OFFICE BUDGET-AIRPORT 2 YEAR COMPARISON FOR FYE 2022 TO FYE 2023 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FY 2022 ,,,,, m a, FY 2023 +OR,,Q',, CN PERSONNEL SERVICES >_ Headcount 25 26 1 Executive Salary -Regular Salaries 1,491,085 1.720,203 229,117 Overtime 8,700 9,592 892 Incentive 7,440 7,320 (120) Employer Taxes 115,303 132,889 17,586 Retirement Contribution 259,229 317,531 58,302 pe 98 ? Li Insurance Unemployment Com nsation Total Personnel Services 1,883,507 2�189,682 306175 OPERATING EXPENSES Expenses Other Than Salaries - - - Professional Services 2,800 3,000 200 Other Contractual Services 9,170 3,000 (6,170) Investigations - - - I Travel&Per Diem 5,000 5,000 - t Communications(Telephones) 9,000 8,500 (500) Postage 100 350 250 Transportation (Freight) - - ., Utility Services RentalsCN - - Insurance 30,000 32,500 2,500 >_ Repairs&Maintenance 39,000 48,000 9,000 Printing - - Office Supplies 1,000 750 (250) Operating Supplies 28,000 40,500 12,500 Operating Supplies Computer<$1.000 - - - Books,Subs&Memberships 1,500 1,500 Training 2000 .� 1,000 1,000 Total Operating Expensesw 126,070 144,100 18030 o CAPITAL OUTLAY ®1 Other Building Improvements - Machinery&Equipment-Radios LO - Automobiles/Machinery/Equip. 40,000 94,000 54 000 f) ,,,,,,,,,,,,,,,,,,,,,,,,,, .,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,,..,,,,,,.,,,,.,.,..,,..m _.._„ , .,,,,,,,,,�.,,,,,,,,,,,,,,,,,. Total Capital Outlay 40 000 94,000 54,000 -,,,,,,,,,,,,,,,,,,,,„.,,, ,,, ,.,,,...,,,. -,,,,,,,,,,, ,w,„.. ,,,,,,,,,,,,,,,,,,,,,,,,,,,. -,,,,,,,,.,,,,,,,,,,.,,,,., ,,,,.,,,,,,,,,,,,,,,,,,,,,,, CONTINGENCY - .,,,,,,,,,,,,,,,,,,,,,,,, - ,,. ,,,,,,,.,..,,.,.,,.,,,,,-,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .,,,.,,,,,,.,,.,,.„.,,.,,.,..,..,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. TOTAL 2,049„577 2427,782 378,205 0) COUNTY COSTS:* -Health Insurances 330.699 368,228 27,529 -Worker's Compensation 49,989 54,442 4,453 -County Allocation - - Total County Expenses 380„688 .mm 412,6.,70 31 98 2 *Estimates TOTAL BUDGET ...,.W 026 , ,. . 40 ,,5z 410188 _a„„2430 5.m, . ... ....x.4,..:w.. 16.88.�0 Packet Pg. 2746 J.7.a Kevin Madok, cpA Clerk of the Circuit Court&Comptroller—Monroe County,Rod& DATE: October 27, 2021 CN TO: Beth Leto,Airports Business Manager,KWIA FROM: Pamela G.HancoctC. SU$ =-. October 21r BOCC Meeting E Attached is an electronic copy of the following item for your handling: c� Ll Contract with the Monroe County Slieriff s Office for Law Enforcement and Security Services at Key West International Airport and setting the annual compensation for Fiscal Year 2021-2022.The contract is paid from Airport Operating Fund 404. Should you have any questions please feel free to contact me at(305) 292-3550. i N E U) T- o cc: County Attorney Finance Filc� e KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Hi hway 88020 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 305-652-7145 Packet Pg. 2747 J.7.a CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT Monroe County Sheriff's Office And CN Monroe County Board of County Commissioners U- THIS CONTRACT is entered into by and between the Monroe County Sheriffs Office (hereinafter referred to as"MCSO"or the"Sheriff')and the Board of County Commissioners of Monroe County(Key West International Airport hereinafter referred to as the"Airport or EYW")on the 20s'day of October,,2021. 1-PURPOSE: The Airport has an obligation to provide law enforcement and security services for the protection of all who use Key West International Airport("EYW"). The Airport 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 Lieutenant and certified law enforcement officers W and non-sworn Airport Security Technicians("AST's")to EYW to protect people and property and enforce the criminal law,traffic and parking regulations,and airport rules and regulations. The Lieutenant will manage and supervise Sheriffs personnel at EYW and provide the services described herein. B-Staffing Levels: The Sheriff agrees to assign deputies and AST's to EYW as set forth on Exhibit A(attached). If the Airport requires the assignment of additional personnel,the Sheriff will post the position internally when the Airport provides written notification that the E non-tax revenues(or other funds)to fund the position have been secured. Additional personnel will be assigned to EYW 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. U B. The Director of Airports,or his designee,shall be consulted and be an integral part of the selection of personnel assigned to EYW,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. Packet Pg. 2748 J.7.a 4-SHERIFF'S RESPONSIBILITIES FOR EYW PERSONNEL: A. Employees assigned to work at EYW 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 T- 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 Airport shall,while this Contract is in effect reimburse the Sheriff the actual cost of each assigned employee's salary(at rates in U 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 i 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 N to perform their duties. The Airport 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 Airport will,at the end of their service life,be property of the Airport. E 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 o year one of this Contract(10/01/2021-09/30/2022)is the sum described on Exhibit A, W attached and incorporated by reference herein. This sum is referred to as the "Contract Price". U The Estimated Contract Cost assumes that the security requirements of the U.S. Transportation Security Administration("TSA")do not increase. If TSA issues any W new Security Directives,or escalates the threat level,then the Estimated Contract Cost will not be adequate to fund this Contract. E c� If the federal government notifies the Airport of elevated airport security requirements,then the Airport will give the Sheriff written notice of the new requirements and specify any additional staff or staff hours required. In the next Packet Pg. 2749 J.7.a 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 Airport will pay the Sheriff in(12)equal monthly installments,in advance,on the first day of the month. N D. YEAR-END RECONCILLATION: At the end of each fiscal year,incurred costs will be reconciled with total payments made by the Airport. MCSO and Airport external auditors will determine the final balance. If incurred costs exceed total payments,the Airport will reimburse MCSO for the excess costs. If total payments exceed incurred costs,MCSO will reimburse the Airport for the excess payment no later than November 1,along with all year-end financial budget paperwork so that the Airport can complete their required year-end budget paperwork. c� E. MINIMUM STAFFING LEVELS: The Airport recognizes that certified law enforcement officers and AST's require U continued training throughout their careers. Every deputy assigned to EYW must receive training-identical to that is required by law and MCSO policy for all Sheriffs deputies. i When a member of Sheriff's EYW personnel is absent from EYW 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 Lieutenant. The additional staff will be paid for by Airport. The Airport 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 EYW. U) T_ o &APPLICABLE LAW: en U 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 Airport 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 Packet Pg. 2750 bargaining it represented by the Fratemal Order of Pofice,and agree to take no action contrary to the terms of any collective bargaining agreement. N C. The County and MCSO have and will maintain policies prohibiting sexual >- harassment. The Airport agreas to report any incident or com taint regarding sexual P harassment of any MCSO personnel to a MCSO supervisor,MCSO Internal Affairs,or the Sheriff. E E The term of this Contract begins October 1,2021 and ends September 30,2024: It will terminate early after thirty days written notice by MCSO to the Airport that MCSO's actual expenses have exceeded or can reasonably be expected to exceed the Estimated Contract Cost B-FUTURE YEAR PRICING: 0 (n U A. Airport and MCSO will negotiate payment for the second and third years of this Contract in time sufficient for preptiation of budgets and tax rolls. When agreement is reached,MCSO shall prepare and amended Exhibit A showing the agreed W Estimated Contract Cost amounts and the Airport shall prepare an amendment to$4 -n agreement incorporating the amended Exhibit A. B th. If the parties are unable to agree on payments for future years on a ftey-psis, A and in that event this Contract shall terminate on September 3001 of the"CUMMI) -j C-- CN Contract period. CD C-) C= -0 = M 4 to E xi , Chairperson CM I00 E U) Aftj NTY o MADOK,Clerk DgW. 9/,17121 W 0 (n U By: W MONROE C SHERIFFS OFFICE ® E E CE MONRO- K J-MCCUUAH By: Rkluud A.Ramsay XE: Packet Pg. 2751 J.7.a MONROE COUNTY SHERIFF'S OFFICE BUDGET-AIRPORT 2 YEAR COMPARISON FOR PYE 2021 TO FYE 2022 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FY 2021 IFY 2022 +OR(-) cN PERSONNEL SERYICES Headcount 25 25 - Executive Salary - -Regular Salaries 1,491.085 1,529,578 38,492 Overtime 8,700 9,135 435 Inoentive 7,440 7.440 - Employer Taxes 116,303 118,281 2,978 Retirement Cordribution 259,229 248,979 (10,260) Life Insurance 1,750 2,008 258 Unemployment Compensation - Total Personnel Services 1.,8B3,507.... 191„542.1.... �............... .1,9 4 3..... LO LO t,3 OPERATING EXPENSES Expenses Other Than Salaries - - - Professional Services 2.800 3.000 200 >_ Other Contractual Services 9,170 3,000 (6,170) I Im 3lilgallons Travel&Per Diem 5,000 6,000 Communications(Telephones) 9,000 8,500 (600) Postage 100 350 250 Transportation (Freight) - - - utuity Services Rentals CN Insurance 30,000 31,600 1,500 Repairs&Malntenanoe 39,000 40,000 1,000 , Printing Office Supplies 1,000 750 (250) Operating Supplies 28,000 42,500 14,600 Operating Supplies Computer<$1,000 - - Books,Subs 8 Memberships 2,000 2,000 Training 2,000... _ 2,600 .........- ... 500 Total Operating Expenses 126.070.... 139,100 13,030 CAPITAL CUTIAY Other Building Improvements LO Machinery&Equipment-Radice - L) Automobilea/Machinery/Equip. 40,000 40,000 > Total Capital Outlay 4.0� 0.. -,,,,,,,,,,,,,,„mm.4.0.,.,,,--,,,�000 ��� CONTINGENCY - .... . TOTAL ^N ww w�2,049,677 aww,w..... .„2,084,,621 ._. .....44.944 c' m COUNTY COSTS: Health Insure noes 330,699 330,609 Worker's Compensation 40,089 52,375 2,367 -County Allocation Total County Expanses 38O- MP 3r074... ......................-....... .�7.µ •Esdmates ..... TOTAL BUDGET 2 430 .5.....................................2477595... Packet Pg. 2752