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Item C13
C.13' J �� BOARD OF COUNTY COMMISSIONERS County of Monroe r�l Mayor Heather Carruthers,District 3 Keys Mayor The Florida � - Mayor Pro Tem Michelle Coldiron,District 2 '` �ql l €d� Craig Cates,District 1 \J? V, David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting May 20, 2020 Agenda Item Number: C.13 Agenda Item Summary #6879 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Christina Brickell (305) 292-4466 N/A AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Ralons Security, LLC. for an amount not to exceed $75,000.00 per year at the rate of $23.50 per hour for Security Patrols and Services in the Duck Key Security District. ITEM BACKGROUND: Sealed bids for this service were opened on March 11, 2020 at 3:00 PM. On April 17, 2020 the Duck Keys Security Advisory Board met to consider the bid and recommended to award the contract to the sole bidder Ralons Security LLC. PREVIOUS RELEVANT BOCC ACTION: On January 22, 2020, the BOCC granted approval to advertise for sealed bids for security patrols and services to the Duck Key Security District. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Ralons Security for Duck Key Security Contract COI - Monroe County Board of County Commissioners FINANCIAL IMPACT: Effective Date: July 1, 2020 Expiration Date: June 30, 2021 Total Dollar Value of Contract: $69,936.00 -Not to exceed $75,000.00/year for additional Security Total Cost to County: Not to exceed $75,000.00/year Current Year Portion: Approx. $16,628.00 Packet Pg.370 C.13' Budgeted: Yes Source of Funds: Non Ad Valorem Special Assessments for Duck Key Security District CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: 07/01/17 152-04501 - DUCK KEY SECURITY SP DIS $69,936.00 REVIEWED BY: Tina Boan Completed 05/01/2020 3:49 PM Steve Williams Completed 05/01/2020 3:56 PM Purchasing Completed 05/01/2020 3:57 PM Maria Slavik Completed 05/04/2020 7:54 AM Kathy Peters Completed 05/04/2020 12:17 PM Board of County Commissioners Pending 05/20/2020 9:00 AM Packet Pg.371 C.13.a CONTRACT THIS AGREEMENT, made and entered into this 20th day of May, 2020, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called the "County" or "Owner"), and Ralons Security, LLC., (hereinafter called the "Contractor"). WHEREAS, The Duck Key Security Advisory Board is desirous of having a contractor for .2 security patrols and services in the security district; and WHEREAS, The Monroe County Board of County Commissioners as the governing body of County is authorized to enter into contracts for activities that support the Duck Key Security District, as recommended by the Duck Key Security District Advisory Board; and NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties agree as follows: That the parties hereto, for the consideration hereinafter set r� forth, mutually agree as follow: 1. THE CONTRACT The contract between the County and the Contractor, of which this agreement is a part, consists of the contract documents, which are as follows: This agreement and any amendments executed by c the parties hereafter, together with all required insurance documentation, the response to Request for Proposal (RFP), and the RFP, including but not limited to, the general terms, and conditions in Section 2.In the event of a discrepancy between the documents,those most favorable to the County 2 shall prevail. 0 2. SCOPE OF THE WORK The Contractor shall provide Security and Patrols service as described in Attachment A in the Duck Key Security District for the County. Additional security services shall be provided by the contractor which may from time to time be requested by the Duck Key Security District Advisory Board. Any such additional security services shall be billed at the normal hourly rate specified in paragraph 3.A. The District Board will document the authorization for additional hours in writing and said documentation shall be submitted by Contractor with the relevant invoices. The contractor warrants that it is authorized by law to engage in the performance of the activities described herein, subject to the terms and conditions set forth in these contract documents. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility v) for the services to be provided. Contractor shall provide services using the following standards, as o a minimum requirement: A. Staffing The Contractor shall maintain adequate staffing levels to provide the services required. The contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of, or have any contractual relationship,with the County or the Duck Key Security District. All personnel engaged in performing services under this contract shall be fully qualified, and authorized or permitted under State and local law to perform such services. 1 Packet Pg.372 C.13.a B. Contractor's Records 1) The Contractor shall maintain financial records in accordance with generally accepted accounting principles. An annual financial report audited and certified by a licensed Certified Public Accountant shall be provided to the County Clerk within one hundred twenty (120) days following the close of the Contractor's fiscal year. 2 The certified financial report shall be in such detail as to disclose the revenues, v, expenses, and disbursements relating to the services provided under this contract. Notes to the Financial statements shall disclose noncompliance with requirements of this contract concerning conflict of interests. 2) The Contractor shall also record and maintain statistical data concerning the v) security patrols and services, and such additional information as may be required by the County. A quarterly report shall be submitted to the County Administrator. 3) The Contractor shall retain all records pertaining to this contract for a period of five (5)years after the termination of this contract. 4) The County, the Clerk, the State Auditor General, and agents thereof shall have access to Contractor's books, records, and documents required by this contract for the purposes of inspection or audit during normal business hours, at the Contractor's ) place(s) of business. 3. PAYMENTS TO THE CONTRACTOR A. The contract is for$69,936.00 annually ($23.50 per hour x 8 hrs. x 365 days per year, and an additional request for 56 hours for mini-lobster season)based on the number of hours worked at the rate of$23.50 per hour. Contractor shall be compensated for those additional hours required by the District Board and which are within the annual budget of this contract; the total of all payments, including the routine security and the additional hours shall not exceed U) $75,000.00. Monroe County's performance and obligation to pay under the contract is contingent upon an annual appropriation by the BOCC. 1) The contractor shall submit to the County a monthly invoice for services provided during the preceding month with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. v) 2) The invoice will include a record of employee time worked and will differentiate time o worked at the normal rate, time worked at the additional services rate at the request of the advisory board. 3) Upon receipt of the contractor's invoice in the proper form as stipulated above and upon acceptance by the Clerk, Monroe County will make payment in accordance with the Local Government Prompt Payment Act, 218.70, Florida Statutes. 4. TERM OF CONTRACT The term of this contract is for one year, commencing on July 1,2020, at 12:01 A.M. for a term 2 Packet Pg.373 C.13.a of one year. County has the option of renewing this contract for two (2) additional one-year terms. County shall provide Contractor at least thirty (30) days' notice of its intent to renew. The Contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U)for the most recent twelve months available. 5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS' A. The Contractor hereby agrees that he has carefully examined the security district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who in any event shall be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to 0 comply strictly and in all things with this Contract and with the specifications. D. The Contractor agrees that the County Administrator may designate representatives to visit the Contractor's facility(ies) periodically to conduct random open file evaluations during the u Contractor's normal business hours. E. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be r� submitted to the County upon request. 0 6. HOLD HARMLESS AND INSURANCE The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the Duck Key Security Advisory Board from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any E of its Subcontractor(s)in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration is consideration for the indemnification provided above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This provision shall survive the cancellation or 3 Packet Pg.374 C.13.a termination of this Agreement. Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of Insurance as required in the Request for Proposal. All insurance shall be from companies licensed to do business in the State of Florida and having an A.M. rating of VI or better. The insurance shall be maintained during the term of the contract. Monroe County shall be listed as an additional insured on the General Liability and Vehicle policies. i� 7. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent o contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 0 8. ASSURANCE AGAINST DISCRIMINATION 0 NON-DISCRIMINATION. The parties agree that there will be no discrimination against any ) person, and it is expressly understood that upon a determination by a court of competent r_ jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, t� religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits U) discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of v) 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or 0 financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9. ASSIGNMENT The Contractor shall not assign or subcontract its obligations under this agreement, except in 4 Packet Pg.375 C.13.a writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the County. 10. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, o v) ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 0 11. DISCLOSURE AND CONFLICT OF INTEREST A. Covenant Of No Interest. The Contractor represents that it, its directors, principles and o employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or o acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. o C. No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent 0 upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise U) recover, the full amount of such fee, commission, percentage, gift, or consideration. 0 12. NO CREDIT 0 The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 5 Packet Pg.376 C.13.a 13. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Administrator and County Attorney 1100 Simonton Street 1111 12th Street, Suite 408 Key West, FL 33040 Key West, Fl. 33040 FOR CONTRACTOR: Tibizay Morales 10900 NW 251h Ste. 100 Doral, FL 33172 c 14. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 0 15. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 0 16. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when 2 performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. E 17. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by 6 Packet Pg.377 C.13.a any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 18. TERMINATION A. The County may terminate this contract for cause with seven (7) days' notice to the T Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B. Either of the parties hereto may terminate this contract without cause by giving the other o v) party sixty (60) days written notice of its intention to do so. C. For Contracts of any amount, if the County determines that the Contractor has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,the County shall have the option of(1)terminating the Agreement after it has given the Contractor written 2 notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. U) 19. GOVERNING LAWS, VENUE This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in the 16th Judicial Circuit in and for Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. This o t� Agreement is not subject to arbitration. Mediation shall be held according to the rules prescribed by the 16th Judicial Circuit, Monroe County, Florida. 0 20. NON-RELIANCE BY NON-PARTIES 0 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County 0 nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or U) superior to the community in general or for the purposes contemplated in this Agreement. 0 21. ATTESTATIONS 0 Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 22. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no 7 Packet Pg.378 C.13.a member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 23. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 24. PUBLIC RECORD COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to chapter 119, Florida Statutes and section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the U) Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the 2 form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. 0 The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required U) to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the 0 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 this chapter or as otherwise provided by law. (3) 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 o contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in E possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County 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 8 Packet Pg.379 C.13.a shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records' to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the U) County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under r� section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. ) c 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 PHONE 305-292-3470 BRADLEY- BRIAN(c,MONROECOUNTY-FL.GOV, MONROE COUNTY ) ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS 0 COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet U) and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, o then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law 26. PUBLIC ENTITY CRIME STATEMENT 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, 9 Packet Pg.380 C.13.a 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list 27. ETHICS CLAUSE 2 Contractor warrants that he/it had not employed,retained or otherwise had act on hi/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance no 020-1990. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commissions, percentage, gift, or consideration paid to the former county officer or employee. 28. SECTION HEADINGS 0 Section headings have been inserted in.this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. ICI WITNESS WHERE OF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. 0 (SEAT,) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA 0 y: y: o Deputy Clerk Mayor/Chairman � CONTRACTO Name: '# Title: Tibizay orates a 0 The foregoing instrument was acknowledged before e this day of 2020, by /,>- x o is ( ) personally knor t me or produced a driver's license as identification. m NOTA PUI IC, STATE O IZIDA Print, type of stamp commissioned name of notary — ��`r`a'v ANGELA FOSTER-REOUEJ0 er', Notary Public-State of Florida 10 « : Commission#GG 052382 a,c My Comm.Expires Dec 4,2020 aaaBa OF FAO,•• Bonded through National Notary Assr Packet Pg.381 C.13.a ATTACHMENT A 1. Specifications Security personnel must undergo a background check and must be screened for drug usage via a standard pre-employment drug test. The Duck Key Security District reserves the right to require periodic random drug testing of security personnel. Security personnel must have a class D license as defined and required by Chapter 493, Florida Statutes. An examination of each security person's driving record is required. No more than 3 tickets and /or accidents in the past five years and no instances of DUI or DWI are allowed. Security personnel will wear a uniform designed to closely resemble a police officer at all times while on duty and in accordance with F.S. 493.6305. Security personnel will not carry firearms, weapons, batons, stun guns, or chemical weapons such as sprays. Security personnel do not have arrest or detention authority and must refrain from any action which may jeopardize a legal arrest by law enforcement officers. i) Security vehicles will not engage in pursuit driving at high speeds. 0 Security vehicles must be equipped with the following: A) a distinct logo, large enough to be visible to other cars and pedestrians, prominently displayed with"Duck Key Security" 0 B) amber flashing light C) cellular telephone D)first aid kit E) spotlight F)flashlight G) a throwable personal flotation device with appropriate length of rope H) a portable fire extinguisher 0 Security contractor will provide 12 electronic check-in stations throughout the Four(4) residential islands to be activated each time a drive through circuit is made by security personnel. Security personnel will check in at the first electronic check-in station immediately upon arrival U) and again just before they leave. 0 A report of the electronic check-in stations and the guard's daily reports will be delivered to the designated member of the Duck Key Security Board promptly after the end of each month and will be reviewed before the monthly invoice is approved. E Contractor will provide business cards, magnets or stickers with contact information to the residents, including the mobile phone number where residents can contact the security personnel on duty. Contractor will attend the Duck Key Security Advisory Board meeting on the first Tuesday in 11 Packet Pg.382 C.13.a Jan, March, May, July, September, and November to give a report on any activity that the security personnel was involved in and answer questions regarding their service from the board or the public. Days of meetings may vary but will be confirmed 10 days prior to meeting. No security personnel will work more than 10 hours per day, including breaks. Security personnel is expected to remain vigilant, alert, and engaged during their hours of service. They should not be doing other work or sleeping during their shift. 2. Scope of Service Contractor will provide on-site security services seven (7) nights per week for 8 hours on a schedule agreed to by Duck Key Security District and the contractor. Additional or fewer hours may be requested and will be charged or credited at the rate as agreed and set forth in Paragraph 3. Payment to Contractor above. Contractor will provide Eight(8) hours of additional patrols during daytime hours each day during the week of mini-lobster season, the last week of July. c The Duck Key Security District reserves the right to contract with other vendors or agencies from time to time for additional security services (i.e. off-duty sheriff s deputies, marine patrol officers or other private security providers). Individual residents of the Duck Key Security U) District may also contract for additional security services either directly with the contractor or with a vendor of their choice. A minimum of four(4) drive-through circuits of the entire four residential islands will be provided for every Eight(8) hour shift. Drive throughs will be conducted at 10 MPH. The guard will enter every cul-de-sac and dead-end street. When not engaged in drive-throughs, security 0 personnel will remain alert at the entrance to the island, near Truman Bridge. Up to 15 door checks per night will be conducted. Residents must request door checks in writing (email is acceptable) providing dates and address and giving the guard permission to walk around the property. Security personnel will walk around property and check that all doors are locked. If suspicious activity is detected, security personnel will notify Monroe County Sheriff s Office immediately. Security personnel will not enter an unoccupied property. 0 Daily reports from the security personnel will be delivered to a designee of the Duck Key Security Advisory Board promptly after the end of the month. Duck Key Security Advisory Board will provide a sample of the report it requires. Guards will fill out the report on a daily U) basis and give as much detail as possible of any incident they were involved in, including address, nature of problem, etc. Security personnel is expected to ask trespassers to leave, to request individuals to quiet noisy parties, and to direct emergency vehicles. Security personnel will report the trespassers who fail E to leave and noisy parties that fail to quiet down to the Monroe County Sheriff s Office, so they may assist. If a resident asks for assistance, Security personnel will communicate with the resident as to the outcome of their request, and if security personnel cannot assist, they should call Monroe County Sheriff s Office and inform the resident that they have called for additional help. Security 12 Packet Pg.383 C.13.a personnel should not tell the resident to call the police; they will call the police when necessary. Security personnel will report any and all suspicious or illegal activity such as theft, vandalism, open doors, suspected DUUDWI, and car accidents to MCSO immediately after they become aware of it. Security personnel will give friendly reminders to residents who are walking dogs without a leash, driving golf carts at night without lights, and will accompany minors (below 14 years of age) driving a golf cart to their homes and advise the parents of the required age for driving a golf cart. In case of an emergency, such as a hurricane, security personnel will enter Duck Key as soon as allowed by the authorities, and report damages to the Board members utilizing the Satellite phone provided by the Duck Key Security District if cell phones do not work. Pictures of damages will be provided if possible. Security personnel will protect the satellite phone and keep a log of all calls made using the satellite phone. 0 The contractor will apply to Emergency Management of Monroe County for an emergency re- entry decal. 0 Either of the parties hereto may terminate this contract without cause by giving the other party sixty (60) days written notice of its intention to do so. 0 0 0 0 0 0 0 13 Packet Pg.384 DATE(P C.13.b AC"R"® CERTIFICATE OF LIABILITY INSURANCE 04/29/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Magdalena Waszkiewicz NAME: Brown&Brown of Florida,Inc. PHONE (305)714-4400 FAX (305)714-4401 A/C No Ext: A/C,No): '2 14900 NW 79 Court Suite 200 E-MAIL MWaszkiewicz@bbmia.com ry ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33016 INSURERA: Everest Indemnity Insurance Company ¢ INSURED INSURER B: Everest Denali Insurance Company U Ralons Security,LLC INSURER C: Everest National Insurance Company 10900 NW 25th St.STE 100 INSURER D: INSURER E: Doral FL 33172-1922 INSURER F: � COVERAGES CERTIFICATE NUMBER: Ralons Security 19-20 Mas REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL SUL3K POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 500,000 N MED EXP(Any one person) $ 10,000 A Y Y 51GL008060191 07/01/2019 07/01/2020 1,000,000 PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 wr PRO- 2,000,000 PX POLICY ❑JECT ❑ LOC PRODUCTS-COMP/OP AGG $ Employee Benefits $ 1,000,000 OTHER: O AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 'N Ea accidentN X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y 51CAD00458-191 06/01/2019 07/01/2020 BODI LY I NJ U RY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROP ERTY DAMAGE AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LAB O CLAIMS-MADE AGGREGATE $ (, DED RETENTION $ $ WORKERS COMPENSATION X1 STER ATUTE X EORH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1'000'000 C cu OFFICER/MEMBER EXCLUDED? N/A Y 5300003478191 07/01/2019 07/01/2020 ca (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Ifyes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ O O DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners is an Additional Insured with respect to General Liability/auto when required by written contract. O Auto,General Liability and WC policies contain a waiver of subrogation in favor of additional insured(s)mentioned above when required by written contract. fJ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1111 12th Street,Suite 408 Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD packet Pg.385