05/13/2018 Agreement ,
Monroe County Purchasing Policy and Procedures
ATTACHMENT D.6
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: Contract#
c GG Effective Date:
Expiration Date:
Contract Purpose/Description:
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Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: 4f, Gn,nv j l7/ 3 Z L—;,bolo yt 5�;e uc „/ /
(Name) (Ext.) (Department/Stop #)
CONTRACT COSTS
Total Dollar Value of Contract: $ ao Current Year Portion: $ "'' 4)
(must be less than$50,000) I/S.f P (If multiyear agreement then /S/$il
requires BOCC approval,unless the
total cumulative amount is less than
$50,000.00).
Budgeted? Yes in No ❑ Account Codes: Oo J -per_530 3ci7 -
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $—el' /yr For:
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
D to In Neede 5 /�/Department Head � //� yes❑Nod —
1qL...Risk Management 5 -1.5(� Yes[ No
O.M.B./Purchasing Sa4ks Yes❑NoR1gfr.1-rA„County Attorney C 3'0/0 f6 yes]No� " efit
S Z3 Zp/r
Comments:
Page 67 of 70
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Professional Services Agreement by and between
Monroe County, Florida, and Phantom Services, LLC
This Professional Services Agreement (the "Agreement ") is entered into this 13 day of May
2018 ( "Effective Date "), by and between Monroe County (the "County "), and Phantom
Services, LLC, a Limited Liability Company formed and doing business in the State of Florida
with a primary address of 1041 NE 27 Way, Pompano Beach, FL 33062 (hereinafter,
"Consultant ") (.
WITNESSETH
WHEREAS, Monroe County is the employer of approximately 575 employees; and
WHEREAS, Monroe County desires to engage the services of a consultant with expertise in
threat assessment, vulnerability assessments of facilities, risk mitigation, and active shooter
interoperability training; and
WHEREAS, the Consultant represents that it has the expertise to perform the
services required by Monroe County and wishes to engage in the program; and
WHEREAS, the parties desire to enter into an agreement for the services required.
NOW, THEREFORE, the parties hereto agree as follows:
TERMS
1. Recitals. The recitals and all statements contained herein are hereby incorporated
into and made a part of this Agreement.
2. Services to be Performed by Consultant. Consultant shall, in conjunction with the
general direction of the office of the Employee Services department, provide the
professional services described below and in Attachment A.
A. The Consultant will conduct three (3) training sessions of Anti - Active Shooter
Interoperability Training. Each session will be offered at a location in the Upper,
Middle or Lower Keys designated by the County. Each session will be at least
one (1)_ hours in length at a minimum. The sessions will be offered at dates
and times to be mutually agreed upon by the County and Consultant, but shall
be completed no later than one hundred and twenty (120) days after the
Effective Date, unless that date is mutually extended in writing by the Parties.
B. In addition, the Consultant shall conduct a Vulnerability Assessment and Risk
Mitigation Overview and Implementation Consulting of the twelve (12) County
facilities identified in Attachment A. The purpose of the Assessment is to
determine the vulnerability of the facility and the persons working in the facility to
threats, and to make recommendations for improvements to the facilities in
order to handle the threats and also to outline the steps that County personnel
should take in order to respond to the threat. The recommendations shall be
1
written in such a way that they are able to be reasonably applied in scale to
additional facilities and worksites throughout the County. The County
understands that all recommendation (General, Specific, Critical, and Extreme
High Risk) may not apply to any facility that is not physically surveyed. The
Assessment shall be conducted on dates and times mutually agreed upon by
the Parties, but in any event shall be completed within one hundred twenty (120)
days from the Effective Date of this Agreement. Thereafter, within sixty (60)
days from the last date on which the Assessment is conducted, the Consultant
shall deliver a written report containing the results of the Assessment and
recommendations thereon.
Time is of the essence.
3. Term of the Agreement. This Agreement shall become effective upon the later of
signature by Consultant and approval by the Monroe County Board of County
Commissioners, but no earlier than April 1, 2017 ( "Effective Date "). This agreement
shall remain in effect until the earlier of when the services outlined in paragraph (2)
are performed, or June 1, 2019, whichever is earlier.
4. Fees. The fees that will be paid by the County are shown on Attachment A, less ten
percent (10 %), for a total price of fifteen thousand three hundred eighteen dollars and
no cents ($15,318.00). The County is exempt from sales and use taxes.
This lump sum fee is inclusive of all actual costs incurred, including by way of
example and not limitation, photocopies, long distance telephone charges, overnight
delivery services, and travel expenses.
All fees shall be paid in accordance with the Florida Local Government Prompt
Payment Act, Sections 218.70 et seq., Fla. Stat.
5. Termination. The County reserves the right to terminate this Agreement at any time,
by written notice. In the event of such termination Consultant shall be entitled to a pro
rata amount of fees owed based on the percentage of the quarter for which work was
performed, through the date when Consultant is notified of termination.
6. Conflict of Interest. Consultant covenants that no person under their employ who
presently exercises any functions or responsibilities in connection with this Agreement
has any personal financial interest, direct or indirect, with the County. Consultant
covenants that, in the performance of this Agreement, no person having such
conflicting interests shall be employed. Any such interests on the part of Consultant
or its employees, subcontractors or employees of its subcontractors must be disclosed
in writing to the County. Also, Consultant is aware of the conflict of interest laws of the
State of Florida within the Florida Code of Ethics, Section 112.313, Fla. Stat., and
agrees that it shall fully comply in all respects with the terms of said laws. Consultant
further warrants that it has not employed, retained or otherwise had act on its behalf,
any current or former County officer or employee, in violation of Section 2 or 3 of
Monroe County Ordinance No. 10 -1990. For breach or violation of this provision the
County may, in its discretion, terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement the full amount of any fee, commission,
2
percentage, gift or consideration paid to the current or former County officer or
employee.
7. Award of Agreement. Consultant warrants that it has neither employed nor retained
any company or person to solicit or secure this Agreement. that it has not paid or
agreed to pay any company or person any fee, commission, percentage, brokerage
fee, or gifts or any other consideration contingent upon or resulting from the award or
making of this Agreement.
Consultant also warrants that to the best of its knowledge and belief no office holder
or employee of the County is interested directly or indirectly in the profits or
emoluments of this Agreement.
8. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and Consultant and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be
amended only by written instrument executed by the County and Consultant. The
parties hereto agree that this Agreement shall be construed and enforced according to
the laws, statutes and case law of the State of Florida.
9. Successors. This Agreement shall be binding upon the parties hereto and their
respective heirs, executors, legal representatives, and successors.
10. Insurance. Consultant shall maintain during the terms of this Agreement professional
liability insurance in a minimum amount of $500,000; general liability insurance in a
minimum amount of $300,000; and vehicle liability in a minimum amount of $100,000
covering all liability arising out of the terms of this Agreement. Consultant shall provide
original insurance certificates listing the Monroe County Board of County
Commissioners as certificate holder and additional insured within ten (10) days
following approval of this agreement by the Monroe County Board of County
Commissioners.
11. Nondiscrimination In Employment. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, sexual
orientation, age, pregnancy status, disability, national origin, or marital status.
Consultant shall take affirmative action to ensure that applicants are employed,
without regard to their race, color, religion, sex, sexual orientation, age, pregnancy
status, disability, national origin, or marital status. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Consultant agrees
to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by its personnel officer setting forth the provisions of this equal
opportunity clause.
12. Independent Contractor Relationship. It is the intent of the parties that Consultant
shall be an independent contractor with respect to the County. As an independent
contractor, Consultant retains the sole and absolute discretion and judgment in the
manner and means of carrying out the Services under this Agreement. The Client
has no right to control the means by which Consultant performs such Services.
3
Similarly, the person selected to serve as the Onsite Wellness Champion shall be an
employee of Consultant, and shall be neither an employee nor an independent
contractor as to Monroe County.
13. Non- Delegablllty. It is understood and agreed that the obligations undertaken by
Consultant pursuant to this Agreement shall not be delegated or assigned to any
other person or firm without the County's prior written consent, which may be withheld
at County's sole discretion.
14. Non- Solicitation. Neither of the parties or any of their affiliates shall solicit or employ
any person who is employed by or serves as an independent contractor with the other
party, during the term of this Agreement and for one (1) after the termination of this
Agreement, without the prior written consent of the other party.
15. Notices. All notices or other communications which shall or may be given pursuant to
this Agreement shall be in writing and shall be delivered by personal service, or by
registered mail addressed to the other party at the address indicated herein or as the
same may be changed from time to time. Such notice shall be deemed given on the
day on which personally served; or, if by mail, on the fifth day after being posted
(return receipt requested) or the date of actual receipt, whichever is earlier.
MONROE COUNTY: CONSULTANT:
Roman Gastesi Phantom Services, LLC
County Administrator 1041 NE 27 Way
Monroe County Pompano Beach, FL 33062
1100 Simonton St., (954) 254 -8025
Key West, FL 33040
(305) 292 -4525
(305) 295-4321/fax
With a copy to:
Monroe County Attorney's Office
1111 12 St. Ste. 408
Key West, FL 33040
Tel: (305) 292 -3470
16. Amendments. No amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties.
17. Miscellaneous Provisions.
A. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
B. In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any other documents, the terms in this Agreement shall
rule.
4
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or
Monroe County, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or
if not modifiable to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and effect.
E. A person or affiliate who has been placed on the convicted vendor list following
a conviction for public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity, may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in Florida Statutes Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list.
F. Each of the signatories to this Agreement represents and warrants that he or
she has the requisite corporate authority to execute this Agreement and bind his
or her respective entity to the terms and conditions of the Agreement.
18. Public Records — Access and Audits.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all
public records laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to
perform the service.
b. Upon request from the public agency's custodian of public records, provide
the public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all
public records in possession of the contractor or keep and maintain public records
5
required by the public agency to perform the service. If the contractor transfers all public
records to the public agency upon completion of the contract, the contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. if the contractor keeps and maintains public records
upon completion of the contract, the contractor shall meet ail applicable requirements for
retaining public records. All records stored electronically must be provided to Monroe
County, upon request from the public agency's custodian of records, in a format that is
compatible with the Information technology systems of Monroe County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY, AT (305) 292-3470, bradley-briant monroecounty-fl.00v,
do Monroe County Attorney's Office, 1111 12u1 St., Suite 408, Key West FL
33040.
IN WITNESS WHEREOF,the parties hereto have,through their proper and duly authorized
officials,executed this Agreement, as of the day and year first above set forth.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By: / G .
County Administrator
Roman Gastesi, Jr.
fit not signed by the President,the Consultant's PHANTOM SERVICES, LLC:
&Eyneture must be witnessed by Mn witnesses.]
By; 012 041--tt By: ; '
Printed Name; 77111 A. atone',f' Printed Name: Michael A. Sparks
Dal®:__ 1 Title: Phantom Services Owner
By:
Prin%d Name: + 1\.e, /11,
Date:
6
Scanned with CamScanner
Quote for Services Attachment A
11111 L
PHANTOM SERVICES
Date: 9- Apr -18
(954) 254 -8025
Customer: Government of Monroe County tony @phantomservires.rom
ATTN: Mark A. Gongre Contact: Tony Sparks
Address 1100 Simonton Street Invoice NO. 11042018 -187
Key West, FI. 33040 Payment Address
Phantom Services
Phone: (305) 395-0389 1041 NE 27TH Way
Email: gongre- mark @monroeeounty- fl.gov Pompano Beach, FL 33062
Full Amount Due Upon Receipt
Item Description QTY List Price Your Price TOTAL
1 VA Vunerability Assesment of the all facitilties and associated Anexes 3 $5,400.00 $2,840.00 $8,520.00
1 RMP Risk Mitigation Overview and Implementation Consuting 2 $2,500.00 $1,700.00 $3,400.00
•
$11,920.00
Other /Travel
Sub Total $11,920.00
Sales Tax
Inbound Ground Freight Shipping and Handling
$11,920.00
Deposit Received _
TOTAL Balance Due $11,920.00
ACH WIRE TRANSFERS CHECK
Mail Check To:
063 100 277 003 772 865 965 Domestic: 026 009 593 003 772 865 965 Phantom Services
International in USD: BOFAUS3N 003 772 865 965 1041 NE 27th Way
International in Foreign: BOGAUS6S 003 772 865 965 Pompano Beach, FL 33062
Quote for Services
:;® PHANTOM SERVICES
Date: 9-Apr-18
(954) 254 -8025
Customer: Government of Monroe County tnny @phantomservires.rnm
ATTN: Mark A. Gongre Contact: Tony Sparks
Address 1100 Simonton Street Invoice NO. 11042018 -188
Key West, FI. 33040 Payment Address
Phantom Services
Phone: (3 395-0389 1041 NE 27TH Way gongre- mark @monroecounty- fl.gov y
Pompano Beach, FL 33062
Full Amount Due Upon Receipt
Item Description OTY List Price Your Price TOTAL
1 AASTP Anti - Active Shooter Interoperatbility Training 3 $2,500.00 $1,700.00 $5,100.00
$5,100.00
Other/Travel
. ,�. .; Mi r4 ' m. s ...,: :' teti :.:. :t -- "�ifi r , ; «',?,R ° v °k �`" '§ �" 14.4. ` ,e `"
Sub Total $5,100.00
Sales Tax
Inbound Ground Freight Shipping and Handling
$5,100.00
Deposit Received
TOTAL Balance Due $5,100.00
ACH WIRE TRANSFERS CHECK
Mail Check To:
063 100 277 003 772 865 965 Domestic: 026 009 593 003 772 865 965 Phantom Services
International in USD: BOFAUS3N 003 772 865 965 1041 NE 27th Way
International in Foreign: BOGAUS6S 003 772 865 965 Pompano Beach, FL 33062
County of Monroe
The Florida Keys BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
�./ Mayor Pro Tem Sylvia J. Murphy, District 5
Safety Office - Danny L. Kolhage, District 1
1100 Simonton Street George Neugent, District 2
Heather Carruthers, District 3
Key West, Fl. 33040
Monroe County Facility Locations
Threat/Security Assessments
1. Murray Nelson Center — 102050 Overseas Highway, Key Largo, Fl. 33037
2. Marathon Government Center — 2798 Overseas Highway, Marathon, Fl. 33050
3. Gato Building — 1100 Simonton St., Key West, Fl. 33040
4. Harvey Government Center —1200 Truman Ave., Key West, Fl. 33040
5. Key West International Airport — 3491 S. Roosevelt Blvd., Key West, Fl. 33040
6. Marathon Airport — 9000 Overseas Highway, Marathon, Fl. 33050
7. Key Largo Library — 101485 Overseas Highway, Key Largo, Fl. 33037
8. Marathon Library — 3251 Overseas Highway, Marathon, Fl. 33050
9. Key West Library — 700 Fleming St., Key West, Fl. 33040
10.Islamorada Library — 81830 Overseas Highway, Islamorada, Fl. 33036
11.Lester Building — 500 Whitehead St., Key West, F1.33040
12.Historic Courthouse — 500 Whitehead St., Key West, Fl. 33040