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Item I4 I4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting September 11, 2024 Agenda Item Number: I4 2023-2936 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N/A AGENDA ITEM WORDING: Approval of a new three-year Contract with the Monroe County Sheriffs Office for Law Enforcement and Security Services at the Key West International Airport and setting the annual compensation for Fiscal Year 2024-2025. 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 and Amendment 2 was approved on September 20, 2023. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: New three year agreement and sets the FY2024-2025 contract sum. STAFF RECOMMENDATION: Approval. DOCUMENTATION: EYW MC SO LEO Contract FY25-FY27.pdf FINANCIAL IMPACT: TOTAL COST: $3,454,290.00 BUDGETED: Yes x No COST TO COUNTY:.- 0 - SOURCE OF FUNDS: Airport Operating Fund 404-63200 Effective Date: October 1, 2024 Expiration Date: September 30, 2025 CONTRACT FOR LAW ENFORCEMENT AND SECURITY SERVICES AT KEY WEST INTERNATIONAL AIRPORT Monroe County Sheriffs Office And Monroe County Board of County Commissioners 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 Commissioners of Monroe County(Key West International Airport hereinafter referred to as the"Airport or EYW") on the 11t`day of September,2024. 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 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 Executive 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 Executive 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 Sheriffs 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 Executive 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 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 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. 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(10/01/2024-09/30/2025) 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 of the 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 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 Airport will pay the Sheriff in (12)equal monthly installments, in advance, on the first day of the month. D. YEAR-END RECONCILATION: 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 is required by law and MCSO policy for all Sheriff s deputies. 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 Deputy Director Airport Security. 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 Executive Director of Airports 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 work. They acknowledge that certified law enforcement deputies are members 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, 2024 and ends September 30, 2027. 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 an 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. 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 30t' of the then current Contract period. BOARD OF COUNTY COMMISSIONERS N OF MONROE COUNTY,FLORIDA ROE COUNTY A Of�NEY R01►E ��� F F ORM PEb O ASSISTA NTY ATTORNEY By _...... Date, 8/22/24 Mayor/Chairperson (SEAL) Attest: KEVIN MADOK, Clerk By. • .. .....�........As Deputy Clerk�� MONROE COUN:1�" SHERIFF'S OFFICE MONROE ..m, TY 1ERI �F'S Ap,rq"E AS TO FORM: ' OF�d � " � ^^, PRICK BY J. MCCULLAH ........ ." �-_mom r Richard A. Ramsay ,w GENEHAI.COUNSEL pATE: 4 EkII-lpl1:1�II"T A, MONROE COUNTY SHERIFF'S OFFICE BUDGET-AIRPORT 2 YEAR COMPARISON FOR FYE 2024 TO FYE 2025 ADOPTED PROPOSED BUDGET BUDGET DIFFERENCE FY 2024 FY 2025 +OR(-) PER ONNEL SERVICES Headcount 26 26 Executive Salary - -Regular Salaries 1,915,752 2,060,182 144,431 Overtime 95,863 100,656 4,793 Incentive 8,640 9,960 1,320 Employer Taxes 154,549 166,066 11,517 Retirement Contribution 439,577 499,381 59,804 Life Insurance 2,093 2,180 86 Unemployment Compensation - - Total Personnel Services 2,616,475 2,838,425 221,950 OPERATING EXPENSES Expenses Other Than Salaries - - - Professional Services 4,475 4,475 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 Total Operating Expenses 145,575 145,575 CAPITAL OUTLAY Other Building Improvements - - Machinery&Equipment-Radios - - Automobiles/Machinery/Equip. 47,000 47,000 Total Capital Outlay 47,000 47,000 CONTINGENCY - - - TOTAL 2,809,050 3,031,000 221,950 COUNTY COSTS:* Health Insurances 372,528 372,528 - -Worker's Compensation 55,894 50,763 (5,132) County Allocation - - - Total County Expenses 428,422 423,291 �5 132i *Estimates TOTAL BUDGET 3,237,472 3,454,290 216,818 6.70%