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FY2022-FY2024 2nd Amendment 09/20/2023 Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DKFE: October 3, 2023 TO: Betli Leto, Airports Business Manager FROM: Pantela G. flanco3 C SUBJECT: September 20' BOCC Meeting Affaclic(l are electronic copies ol'tlic lollo%%ing items for®'our lian(Iling: I t I" to the CRRSA Grant No. 3-12-0037-065-2021 front dic I Inife(I States of America acting dirougli the Federal Aviation A(lininistration (FAA), increasing grant flin(ling by $718.00 (Front $3,536,873.00 to $13,537,591.00) for the Kc�,NNIest International Airport. The purpose oftlils grant is for the Airport to prevent, prepare for and respond to coronavirus. 'I'llere is no match required for this grant. 15 2"" Anicri(Inicni to Contract witli the Monroe County Slierill"s Office for la%v Enforcement aii(I Sectiniti, Senices at Kc),NVest International Airport to set dic annual compensation for Fiscal Year 2023-202 VYI ie contract is paid by Airport Operating Fun(I 40 t. 18 2"" Anien(Inient to Lease Agreenicrit with Tesla, Inc. WaTesla Motors, Inc. a(l(ling an adjacent undeveloped parcel ol'lan(I at die Floni(la Ke)'s Maratlion International Airport 1'()r'l'csla to install a new electrical equipment platform, extending flic lease agreement to December 31, 203 t, an(I increasing annual rent pawicnts From $8,257.80 to $28,800.00, in exchange 1'()r'l'csla increasing the number ol'clectnic vehicle charging stations From I'Mir (4) to twelve (12) an(I making improvements to die leaseliol(I areas. Slioul(I you leave an -questions please leel free to contact Inc at (305) 292-3550. cc: Counly Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 3300 Marathon, Florida 3300 Plantation Key, Florida 33070 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 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 BOARD OF COUNTY COMMISSIONER IN MADOK,CLERIC. OF MONR.C1F °' wry, FLORIDA -0!n"L4DYYbPWYtlMOaeffi a �uw�warrvuuu+xnw By �.,, ... F.. By_... ... ........ AS Clerkor,C. MONROE COUNTY SHERIFF'S OFFICE: By:— BchZ­­ow.............Ramsay,... ..._....._................._......_ .... ard Sheriff Date: _ . .....r .. ._. _ . Monroe County SheriffsOffice Approved s to form �r Y:_ _._ _..__...... ._... ......................................................................... t °' w cC'U General Counsel MONROE COUNTY ATTORNEY APPROVED AS TO FORM By: Sr Asst,County Attorney �......... CD C" Date- 8 18 �._. .�........ .�................�.w�...„........... ������w�������������o�....................... ����. .�....... ... a ; rn 0 o IIINIIIIIIN.. IIIII IIII�NNJ, dl IIIIIIIINIIINIIIINIV�I NINNNNNIIIIIIIIII�MHHmNNNNhmIIIIIININ..... N .!NUWIIII IIII Second Amendment to Contract for KWIA Law Enforcement and Security Services Page �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% 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. 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 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 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 `yf --.--(STEAL`r' ',' - ..-ffW�'__ -VVrJJ✓/••;; 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 C 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• 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%