Item I5 I5
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: I5
2023-1476
BULK ITEM: No DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland
N/A
AGENDA ITEM WORDING: Approval of Second Amendment to Contract with the Monroe
County Sheriffs Office for Law Enforcement and Security Services at Key West International Airport to
set the annual compensation for Fiscal Year 2023-2024.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 October 20, 2021, the BOCC approved a three-year agreement with MCSO for law enforcement and
security services at the Airport. Amendment 1 was approved by the BOCC on September 21, 2022.
CONTRACT/AGREEMENT CHANGES:
Sets FY2023-2024 contract sum.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
EYW MCSO LEO 2d A end et.pdf
EYW MCSO LEO Contract FY22-FY24 (BOCC 10.20.2021).pdf
FINANCIAL IMPACT:
TOTAL COST: $3,237,472.00
COST TO COUNTY: $0
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SOURCE OF FUNDS: 404-63200
Effective Date: October 1, 2023
Expiration Date: September 30, 2024
3036
SECOND AMENDMENT TO CONTRACT FOR LAW ENFORCEMENT AND
SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT
THIS SECOND AMENDMENT to the Contract for Law Enforcement and Security
Services at Key West International Airport is made and entered into this 20th day of September
2023 by and between the Monroe County Sheriffs Office ("MCSO" or "Sheriff') and Monroe
County, a political subdivision of the State of Florida("County" or"Airport").
WITNESSETH
WHEREAS, on October 20, 2021 Monroe County entered into a three year Contract with
MCSO to provide Law Enforcement and Security Services at Key West International Airport (the
"Contract"), a copy of the Contract is attached as Exhibit"1"; 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
Fiscal Year 2023-2024 (the"Second Amendment").
NOW THEREFORE, in consideration of the mutual covenants set forth in this Second
Amendment, the parties agree as follows:
SECTION 1. Article 5 of the Contract is amended to read as follows:
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 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 governments owed in
connection with the payment of wages or benefits, salary incentive payments,professional liability
and motor vehicle insurance premiums, fully equipped patrol cars, weapons, uniforms, citation
and report forms and other items furnished to deputies and AST's 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.
B. ESTIMATED CONTRACT COST: The Estimated Contract Cost is an estimate
of the cost of providing service for a12-month period. The Estimated Contract Cost for the fiscal
year commencing on 10/1/2023 and ending on 9/30/2024 is the sum described in Exhibit"A-
2024", attached and incorporated by reference herein. This sum is referred to as the"Contract
Price."
The Estimated Contract Cost assumes that the security requirements of the U.S.
Transportation Security Administration ("TSA") do not increase from HIGH or Orange. If TSA
Second Amendment to Contract for KWIA Law Enforcement and Security Services Page 1
3037
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,
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.
C. PAYMENT PROCEDURE: Monroe County will pay the Sheriff s Office
twelve (12) equal installments in advance, on the first day of the month.
D. YEAR-END RECONCILIATION:
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.
E. MINIMUM STAFFING LEVELS:
The Airport recognizes that certified law enforcement officers and AST's require continued
training throughout their careers. Every deputy assigned to EYW must receive training identical
to that which is required by law and MCSO policy for all Sheriff s deputies.
When a member of Sheriffs 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.
SECTION 2. All other provisions of the Contract, other than as specifically addressed
herein, shall remain in full force and effect.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
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.
Second Amendment to Contract for KWIA Law Enforcement and Security Services Page 2
3038
(SEAL)
BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By__ ........... .......... By
Deputy Clerk Mayor Craig Cates
MONROE COUNTY SHERIFF'S OFFICE:
By: ..................
Richard A. Ramsay, Sheriff
Date:
Monroe County Sheriff's Office
Approved as to form
By:
7�,b-, 1 McCuGeneral Counsel
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
By:_
Sr.Asst. County Attorney
Date: 8/18/23
..............-
........................................
Second Amendment to Contract for KWIA Law Enforcement and Security Services Page 3
3039
�IIG°° IIII'IIIIII A-22
MONROE COUNTY SHERIFF'S OFFICE
BUDGET-AIRPORT
2 YEAR COMPARISON FOR FYE 2023 TO FYE 2024
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FY 2023 FY 2024 +OR(-
PERSONNEL SERVICES
Headcount 26 26
Executive Salary - -
Regular Salaries 1,720,203 1,915,752 195,549
Overtime 9,592 95,863 86,272
Incentive 7,320 8,640 1,320
Employer Taxes 132,889 154,549 21,660
Retirement Contribution 317,531 439,577 122,046
Life Insurance 2,148 2,093 (55)
Unemployment Compensation - - -
Total Personnel Services 2,189,682 2,616,475 426,792
OPERATING EXPENSES
Expenses Other Than Salaries - - -
Professional Services 3,000 4,475 1,475
Other Contractual Services 3,000 3,000 -
Investigations - -
Travel&Per Diem 5,000 5,000 -
Communications(Telephones) 8,500 8,500 -
Postage 350 350 -
Transportation (Freight) - - -
Utility Services - -
Rentals - -
Insurance 32,500 32,500
Repairs&Maintenance 48,000 48,000
Printing - -
Office Supplies 750 750 -
Operating Supplies 40,500 40,500
Operating Supplies Computer<$1,000 - -
Books,Subs&Memberships 1,500 1,500
Training 1,000 1,000 -
P
Total Operating Expenses 144,100 145,575 1,475
CAPITAL OUTLAY
Other Building Improvements - -
Machinery&Equipment-Radios - -
Automobiles/Machinery/Equip. 94.000 47,000 (47,000)
Total Capital Outlay 94,000 47,000 _____ 4� 7,000�
CONTINGENCY -
TOTAL 2,427,782 2,809,050 381,267
COUNTY COSTS:'
-Health Insurances 358,228 372,528 14,300
-Worker's Compensation 54,442 55,894 1,453
-County Allocation - - -
Total County Expenses 412,670 428,422 15,753
`Estimates
TOTAL BUDGET 2,840,452 3,237,472 397,020
- - 13.98%
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EXHIBIT I
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 Sherifl7s 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 201h day of October, 2021.
1-PURPOSE: The Airport has an obligation to provide law enforcement and security services
forte protection of all who use Key West Intemational Airport("EYW"). The Airport and the
Sheriff have agreed that MCS O 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
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 Sheriff s 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
non-tax revenues (or other funds)to fund the position have been secured. Additional personnel
will be assigned to EYW after completing the Sheriff s 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 EYW,however,MCS O 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, 210. Upon consultation with the
Director of Airports, the AST fitness standards shall be subject to modification or
termination.
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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
personnel,but must promptly report such matters tote MCSO supervisor,MCSC}
Internal Affairs, or the Sheriff. Upon completion oft e investigation into the alleged
act of misconduct,the Director of Airports shall be informed of the outcome oft e
investigation.
5-PAYMENT FOR SERVICES:
A. COST RE IMBURSEMENT: The Airport 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 ished to deputies and AST's
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 MCSC personnel. All vehicles paid for by the Airport will, at the end of
their service life,be property oft e Airport.
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(10/01/2021-09/30/2022) is the sum described on Exhibit A,
attached and incorporated by reference herein. This sum is referred to as the
"Contract Price".
The Estimated Contract Cost assumes that the security requirements oft e U.S.
Transportation 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 Airport of elevated airport security
requirements,then the Airport will give the Sheriff written notice oft e new
requirements and specify any additional staff or staff hours required. In the next
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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.
D. YEAR-END RE'CONCILLATION: At the end of each fiscal year, incurred costs
will be reconciled with total payments made by the Airport. MCS O and Airport
external auditors will determine the final balance. If incurred costs exceed total
payments,the Airport will reimburse MCSC) for the excess costs. If total payments
exceed incurred costs, MCS O will reimburse the Airport for the excess payment no
later than November 1, along with all year-end financial budget paperwork sothat the
Airport can complete their required year-end budget paperwork.
E. MINIMUM STA4 FING LEVELS:
The Airport recognizes that certified law enforcement officers and AST's require
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 Sheriff s
deputies.
When a member of Sheriff s EYW personnel is absent from EIS W 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 oft e Airport
Director or his superiors.
Every reasonable effort shall be made by MCSO to schedule training and vacations to
minimize absence from EYW.
6-APPLICABLE 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 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 or . They
acknowledge that certified law enforcement deputies are member of a collective
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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 Airport 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 1,2021 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.
8-FUTURE YEAR PRICING:
A. Airport 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 Airport shall prepare an amendment to this'
agreement incorporating the amended Exhibit A. r
B. If the parties are unable to agree on payments for future years on a timely!_t asis,th
and in that event this Contract shall terminate on September 301 of thefidh current.)
Contract period. e-)
` cir/Chairperson NROE COUNTY ATTOBNEN
PP_0 O J.
ASSJ�T NTY ATMRNEY
sAttest; �KEVIN MADOK, Clerk Date. 9/,17/21
By: a.H.u.�, vv�tir (�
-Deputy Clerk
MONROE C0 Ty SHERIFF'S OFFICE
FiOV TO FORM:
MONRO ..• 0 T H FF' . F CE
By: ITFUGI{J UCCULLAH
Richard A. Ramsay GFN-EAAI-C JSEL
CaATE•
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6
MONROE COUNTY SHERIFF'S OFFICE
BUDGET-AIRPORT
2 YEAR COMPARISON FOR FYE 2021 TO FYE 2022
ADOPTED PROPOSED
BUDGET BUDGET DIFFERENCE
FY 2021 FY 2022 +OR(-)
PERSONNEL SERVICES
Headcount 25 25
Executive Salary - - -
Regular Salaries 1,491,085 1,529,578 38,492
Overtime 8,700 9,135 435
Incentive 7,440 7,440
Employer Taxes 115,303 118,281 2,978
Retirement Contribution 259,229 248,979 (10,250)
Life Insurance 1,750 2,008 258
Unemployment Compensation -
Total Personnel Services 1,883,507 1,915,421 31,914
OPERATING EXPENSES
Expenses Other Than Salaries - - -
Professional Services 2,800 3,000 200
Other Contractual Services 9,170 3,000 (6,170)
Investigations - -
Travel&Per Diem 5,000 5,000 -
Communications(Telephones) 9,000 8,500 (500)
Postage 100 350 250
Transportation (Freight) - - -
Utility Services
Rentals - - -
Insurance 30,000 31,500 1,500
Repairs&Maintenance 39,000 40,000 1,000
Printing - - -
Office Supplies 1,000 750 (250)
Operating Supplies 28,000 42,500 14,500
Operating Supplies Computer<$1,000 - - -
Books,Subs&Memberships - 2,000 2,000
Training 2,000 2,500 500
Total Operating Expenses 126,070 139,100 13,030
CAPITAL OUTLAY
Other Building Improvements - - -
Machinery&Equipment-Radios - -
Automobiles/Machinery/Equip. 40,000 40,000
Total Capital Outlay 40,000 40,000
CONTINGENCY
TOTAL 2,049,577 2,094,521 44,944
COUNTY COSTS:*
Health Insurances 330,699 330,699 -
Worker's Compensation 49,989 52,375 2,387
County Allocation - -
Total County Expenses 380,688 383,074 2,387
*Estimates
TOTAL BUDGET 2,430,265 2,47_7,596_ 47,330
- 1.95%
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