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Item C19
C.19' BOARD OF COUNTY COMMSSIONERS County of Monroe f Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 =E �j David Rice,District 4 `w'P•=w Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: C.19 Agenda Item Summary #7396 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Christina Brickell (305) 292-4466 NA AGENDA ITEM WORDING: Approval of Amendment to Agreement with Ralons Security, LLC to increase the hourly rate from $23.50 to $28.50 and modify the term to month-to-month pending re-bid of the Duck Key Security District security patrols and services. ITEM BACKGROUND: The County and Ralons Security, LLC entered into an Agreement on May 20, 2020 for security patrols and services for the Duck Key Security District (DKSD). The Contractor advised the Duck Key Security District Advisory Board (DKSDAB) at their 9/1/20 meeting that Contractor has had difficulty hiring local security personnel that have or are able to obtain a class D license as defined in Chapter 493, Florida Statutes and as required under the Agreement. The Contractor has also advised the DKSDAB that if the rate in the Agreement is increased from $23.50 to $28.50, this will allow the Contractor to offer a higher wage and will allow them to retain security personnel that have or are able to obtain a class D license. While the County will have to re-bid the security services as a long-term solution, on a short-term basis amending the Agreement to increase the rate while the contract is re-bid is an option that will ensure the security services will be provided to the DKSD during the period of the re-biding of the services and this option is also more cost-effective then the alternative of seeking off-duty officers for these services. The DKSDAB at its September 22, 2020 emergency meeting recommended to amend the Agreement on a short-term basis pending re-bid (The 9/22/20 meeting minutes of the DKSDAB are attached). This Amendment to the Agreement changes Paragraph 3. A.- Payments to Contractor to reflect an increase in the per hour rate from $23.50 to $28.50. This Amendment also modifies the Paragraph 4- Term of the Contract to change the term to month-to-month basis, commencing November 1, 2020 and provides for the County to terminate the Agreement upon five(5) days written notice. PREVIOUS RELEVANT BOCC ACTION: The Board granted approval to advertise for an RFP for security patrols and services for the DKSD on September 16, 2020. The Board approved the Agreement with Ralons Security, LLC May 20, 2020. Packet Pg. 743 C.19' The Board granted approval to advertise for an RFP for security patrols and services for the DKSD on January 22, 2020. CONTRACT/AGREEMENT CHANGES: increase rate and modify term to month-to-month pending rebid STAFF RECOMMENDATION: Approve the Amendment to the Agreement. DOCUMENTATION: Amendment To Agreement with Ralons Security - DKSAB minutes Sept 22 2020 Final Ralons Security Inc. 05_20_2020 Agreement FINANCIAL IMPACT: Effective Date: 10/21/20 Expiration Date: Upon termination of the agreement. Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: 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: 10/21/20 152-04501 - DUCK KEY SECURITY SP DIS $14,880.00 $5 increase in hourly rate REVIEWED BY: Tina Boan Completed 09/29/2020 11:49 AM Christine Limbert Completed 09/30/2020 9:43 AM Purchasing Completed 09/30/2020 9:54 AM Maria Slavik Completed 09/30/2020 9:58 AM Liz Yongue Completed 09/30/2020 1:10 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg. 744 C.19.a AMENDMENT TO AGREEMENT BETWEEN MONIZOE COUNTV AND RALON5 SEC URI`I`V, LL.0 THIS AMENDMENT to the Agreement dated May 20, 2020, between Monroe County Board of County Commissioners ("County") and Ralons Security, LLC ("Contractor") is made U) and entered into this 2I'`day of October 2020;. 0 WHEREAS, the parties entered into an Agreement dated May 20, 2020 for the Contractor to provide security patrols and services for the Duck Key Security District (DKSD); and "WHEREAS, the Contractor advised the Duck Key Security District. Advisory Board Cn (DKSDAl3) at their 901120 meeting that Contractor has had difficulty hiring local security personnel that have or are able to obtain a class D license as defined in Chapter 49 . Florida Statutes and as required under the Agreement; and. WHEREAS, the Contractor has also advised the DKSDAl3 that if the rate in the Agreement is increased from $23.50 to $28.50, this will allow the Contractor to offer a higher wage and will allow there to retain security personnel that have or are able to obtain a class D license; and 2 0 WHEREAS, while. the County will have to rebid the security services as a long-terra solution, on a short-term basis amending the Agreement to increase the rate while the contract is re-bid is an option that will ensure the security services will be provided to the DKSD during the period of the re-biding of the services and this option is also more cost-effective then the alterative of seeking off-duty officers for these services; and r WHEREAS, the DKSDAf3 at its September 22, 2020 emergency meeting recommended to amend the Agreement on a short-term basis pending re-bid; a) Cn NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Paragraph 3. A Payments to Contractor is hereby be amended to change the per hour rate from $23.50 to $28.5 . 2. Paragraph 4- Term of the Contract is amended to read as lWlowvs. The term of this contract is on as month-to-moaath basis, ccaaaaaraeaaeiarg November 1, 2020. County has the option to terminate this Agreement upon live (5)days written noti;:e. 0 a- 3. Paragraph 18. 13. — Termination is anrcaaded to read as follows; Fither ofthe parties hereto may terminate this contract without cause by giving the other l)art), live (5) days written notice. 4. In all other respects, the remaining terms oI'(lie Agreement teetered intc) craa May 20, 2020, and not inconsistent herewith, shall ren7aaial in Ball fierce and C11ect. U V t Packet Pg. 746 C.19.a IN WITNESS WHEREOF, the parties have caused these presents to be executed in the respective names. BOARD OF COIJNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) to Attest; KEVINv MADOK,CLERK a v J By: Ey. J As Deputy Clerk Mayor-Chairman U Q) U) CC)NTR T�R" ANLC)NS CURITY LLB �raur� c��rNrYecRx.Y f# A€'9'kkVk C7S,PC1 FLT d CHRJSTINE L1N1BER E'BARROWS ASS ISTA'N7 COUNTY A17ORNLY By: DA7r. Sig attire d Title: CEO E d d STATE OF: LO A- ° COUNTY OF: Subscribed and s r to (or affirmed) before me, by means of C+ Oh sicaN presence or N3 online E notarization, on Jt/0 '' 5, e 0 _(date) by A G (Marne of affiant). HefSNie is personally L known to me or has produced FW eg ,°fie (type of identification)as U identification. U) 0 40TA —YPRUaLIC My Commission Expires: _ b A GELA FITER•RE€UEJO t Notary Public-State of Florida Commission*GG 052382 s?, .= MY Comm.Expires Dec 4,2020 , bonded Through National Notry Assn E d E v Packet Pg. 746 C.99.b DUCK KEY SECURITY DISTRICT ADVISORY BOARD Minutes of Special Meeting Sept. 22, 2020 Cn BOARD MEMBERS PRESENT 0 Sylvia Hernandez, Chair J Jay Miller,Vice Chair Laurie Oestreicher, Secretary Rick Sherman U Jon Porter va Van Waddill CU QUORUM PRESENT: Yes OTHERS PRESENT: Christine Limbert-Assistant County Attorney Tamara Lamarche, Ex.Asst. for Comm. Rice Frank Jackson, DKSAB Technology Assistant 0 ABSENT: Michael Weber PROCEEDINGS: • Meeting called to order at 4:00 by Chair Sylvia Hernandez ca • Meeting held via ZOOM • Date of meeting: September 22, 2020 Sylvia Hernandez welcomed all and noted the meeting was being held via ZOOM and wasCL being recorded. Cn MOTION: to approve/amend today's Special Meeting Agenda. First by Sylvia Hernandez; seconded by Second by Rick Sherman. MOTION CARRIED Cn Security patrol from Ralons has been ongoing,with only two days of Monroe County off- duty police needed. Assistant County Attorney Christine Limbert recommended we go out to bid again. Judging by past experience,this could take approximately 3 months. Ms. Limbert informed the Board that the bid will be advertised in November and opened in December. Packet Pg. 747 C.99.b All board members felt the temporary amendment was the right way to proceed. Rick Sherman requested an updated budget that reflects Ralons' new rates. MOTION: To recommend to BOCC that Ralons Security contract be temporarily amended on a month-to-month basis to $28.50, so they may offer $20 per hour to the guards. The Cn temporary amendment will end when a new contract is signed. First by Sylvia Hernandez; seconded by Jon Porter. 0 MOTION CARRIED J J Next DKSAB meeting will be November 3, 2020, 4 p.m. Meeting adjourned at 4:10 p.m. U a) U) Follow link below for recording of meeting: https:ZZwww.dropbox.co /2kt4kll4wcpr nl Sept.22%20DKSAB%20special%20 eeti n 3?dl=0 Minutes submitted by: Frank Jackson, 320 E. Seaview Drive, Duck Key FL flackson9429(@Ljmail.com 0 ca N CL Cn Cn U Packet Pg. 748 C.19.c Kevin Mad* cPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: ,June 10, 2020 TO: Cluistina Brickell Office of Management & Budget FROM: Pamela G. Hanc.41C. 0 a) SUBJECT: May 20'BOCC Meeting CU Attached is an electronic copy of the following item for your handling: C13 Contract►vith Ralons Security, I.I.C. for an amount not to exceed $75,000.00 per year,at [lie rate of$23.50 per hour,for Security Patrols and Services in the Duck Key Security District. Sliould you leave any questions please feel Gee to contac.l me at (305) 292-3550. 0 N Ln i 0 a) Cn 0 County Attorney Finance File o V KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 34 Packet Pg. 749 C.19.c CONTRACT THIS AGREEMENT, rna e and entered into this 20"' day of May, 2020, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes called. the "County" or Cn "Owner"'), and Ralons Security, LLC., (hereinafter called the"Contractor"), WHEREAS, The Duck Key Security Advisory Board is desirous of having a contractor for security patrols and services in the security district, and WHEREAS, The Monroe County Board of County Commissioners as the governing hotly of County is authorized to enter into contracts for activities that support the Duch Key Security U) District,as recommended by the Duck Key Security District Advisory board, and 0 NOW THEREFORE,EFORE, in consideration of the mutual covenants and provisions co tairre herein, the parties agree as follows; That the parties hereto, for the consideration hereinafter set 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 o the parties hereafter, together with all required insurance documentation, the response to Request for Proposal (REP), and the RI;P, including but not limited to, the general terms,and conditions in Section 2.In the event of discrepancy between the documents,those most favorable to the County :shall prevail. 2. SCOPE OF THE WORK The Contractor shall provide Security and Patrols service as described in ,Attachment A in the Duch Key Security District for the County. Additional security services shall be provided by the contractor which ma y from time to tirne be requested by the Duck Key Security District Advisory 04 Board. Any such additional security services shall be billed at the normal hourly rate specified in paragraph 3A. The .District Board will document the authorization for additional hours in writing and said documentation shall be submitted byContractor with the relevant invoices.The contractor I Ln 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 tinges exercise independent, professional judgment and shall assume professional responsibility for the services to be provided.Contractor shall provide services rasing the following standards,as U a minimum requirement: Cn A. S taffin- � 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 Mate and local law to perform such services. I Packet Pg. 750 C.19.c B. Contractor's Records 1) The Contractor shall maintain financial records in accordance with generally Cn accepted accounting principles. An annual financial report audited and certified by a licensed Certified public Accountant shall be provided to the County Cleric within � one hundred twenty(124) days following the close of the Contractor's fiscal year. The certified financial report shall be in such detail as to disclose the revenues, 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. Cn 2) The Contractor shall also record and maintain statistical data concerning the security patrols and services, and such additional information as nray be required by theCU County. A quarterly report shall be submitted to the County Administrator. 3) The Contractor shall retain l l records pertaining to this contract for a period of five — (5)wears after the termination of this contrast. 4) The County, the Cleric, the State Auditor General, and agents thereof shall have access to Contractor's books, records, and documents required by this contract 1`or 2 the purposes of inspection or audit during normal business hours, at the Contractor's place(s) of business. 0 3. PAYMENTS TO THE CONTRACTOR A.The contract is for 09,93 .00 annually( 23.50 per hour x 8 hrs.x 3 5 days per year,and an additional request for 5'6 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 75,000.00. Monroe County's performance and obligation to pay under the contract is contingent upon an annual appropriation by the BOCC. CD N 1) The contractor shall submit to the County a monthly invoice for services provided during CDI the preceding month with supporting documentation acceptable to the Clerk.AcceptabilityLOI to the Clerk is based on generally accepted accounting principles and such laws, rules and J regulations as may govern the Clerk's disbursal of funds. 2) The invoice will include a record of employee time worked and will differentiate time worked at the normal rate, time worked at the additional services rate at the request of the Cn 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 rake payment in accordance with the L oca I Goverrinrent Prompt Payment Act, 218.70, Florida Statutes. U 4. TERiM OF CONTRACT The terra of this contract is for one year,commencing on July 1,2020, at 12:01 A.M. for a term 2 Packet Pg. 751 C.19.c of one year. County has the option of renewing this contract for two ( ,) 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 Cn change in the Consumer Price Index for all urban consumers(CPI-U)for the most recent twelve months available. . CONTRACTOWS ACCEPTANCE OF CONDITION J A. Tile 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 U (are) correct and suitable for this work and Ile assurxaes full responsibility therefor. The va provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, CU who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions,or situations shalt this Contract be more strongly construed against the Owner than against the Contractor, E. 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 tlae terms of 0 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 cast 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 arid/or his failure to comply strictly and in all things with this Contract and with the specifications. D. The Contractor agrees that the County Administrator may designate representatives too visit the Contractor's facility(ics) periodically to conduct random open file evaluations during the Conti-actor'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 04i submitted to the County upon request. 04 Ln d, HOLD HARMLESS AND INSURANCE � E The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the Duck Ivey Security Advisory Board from any and all claims for bodily injury (including death), personal injury, and property damage(including property owned Cn 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 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 ( 1 . 0)ofremuneration is cons ideration for the indemnification provided above. U V The extent of liability is in no way IiE ited to, reduced., or lessened by the insurance requirements contained elsewhere within this agreement. This provision shall survive t€le cancellation or Packet Pg. 752 C.19,c termination of this Agreement. Prig to execution of this agreement, the contractor shall furnish the Owner Certificates of en 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. eating of VI or better. The insurance shall be maintained during the terra of the contract. Monroe County shall be listed as an additional insured on the General Liability and Vehicle policies. 7. INDEPENDENT CONTRACTOR U a) Cn At all times and for all purposes under this agreement the Contractor is an independent 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 CU employees, contractors, servants,or agents to be employees of the board of County Commissioners of Monroe County. 8. ASSURANCE AGAINST DISCR1MINATION 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 0 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- ), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-I683, and 1685-1686).which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 197 a. as amended(20 USC § 794), which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975,as amended (42 USC §§ 6101-6107),which prohibits discrimination oil 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 I Ln 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 1968 (42 USC §§ 361 et sec{,), as amended, relating to nondiscrimination in the sale, rental or financing of housing, 9)The Americans with Disabilities Act of 1990 (42 USC §§ 121 l), as � amended from time to time,relating to nondiscrimination in employment on the basis of disability, 19) Monroe County Code Chapter 14, Article 11,which prohibits discrin-lination on theCU � 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. U . ASSIGNMENT T The Contractor-shall not assign or subcontract its obligations under this agreement, except ill 4 Packet Pg. 753 C.19.c 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 agrcement. Unless expressly provided for therein., such approval shall in no manner or event be Cn deemed to impose any additional obligation upon the County. 10. COMPLIANCE WITH LAW J 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 adapted. Any violation of said statutes, en 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 CU termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 11. DISCLOSURE AND CONFLICT OF INTEREST A. Covenant Of No Interest, The Contractor represents that it, its directors,principles and employees, presently have no interest and shall acquire no interest,either direct or indirect, o which would conflict in any nwanner with the performance of services rewired by this contract, as provided in Sect. 112.E 11,et. seq., Florida Statutes. E. 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 < 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. C. NoSolicitation/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 CD working solely for it, to solicitor secure this Agreement and that it has not paid or agreed to04 pay any person, company, corporation, individual, or firm, other than a bona fide employee 04 1 working solely for it, any fee,commission, percentage, gift, or other consideration contingent 04 Ln upon or resulting from the awvard or making of this Agreement. For the breach or violation of Q 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 recover, the full amount of such fee,commission, percentage, gift,or consideration. U a) 12. NO CREDIT Cn - us The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety Crj 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. U 5 Packet Pg. 754 C.19.c 13. NOTICE REOUIREMENT Any notice required or permitted under this agreement shall be in writing and hard delivered or Cn mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNT' Monroe County Administrator and County Attorney I 100 Simonton Street III 112'h Streets Suite 408 Key'West, FL 3304£ ley 'West, Iel. 33040 Cn FOR CONTRACTOR: Tibizay Morales 10900 NW 2511 Ste.. 100 Moral, FL 33172 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 0 materials used to fulfill its obligations Linder 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 wider this agreement, 15. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 7 .2 , 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 Q into by the County be required to contain.any provision for waiver. 04 04 i 16. PRIVILEGES AND IMMUNITIES Q J E All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' conipensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the Cn 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. 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 unposed upon the entity by law except to the extent of actual and timely performance thereof by 6 Packet Pg. 755 C.19.c 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. a ,authorizing the delegation of the constitutional or statutory duties of the County, except to the Cn extent permitted by the Florida constitution, state statute, and case law. 18. TERMNATI N J A. The County may terminate this contract for cause with seven(7) days' notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under thiscontract, U B. Either of the parties hereto may terminate this contract without cause by giving the other Cn party sixty ( )clays written notice of its intention to do so. C. For Contracts of any amount, if the County determines that the Contractor has submitted a CU false certification under Section 27.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List,or is engaged in a boycott oflsrael,the County shall have the option of terminating the Agreement after it has given the Contractor written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 27.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are net. 0 19. GOVERNING LAWS, VENUE This Agreement is governed by the laws of the State of 1 lorida. Venue for any litigation arising tinder this Agreement must be in the 101 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 E Agreement is not subject to arbitration. Mediation shall be held according to the rules prescribed by the 101'Judicial Circuit, Monroe County, Florida. 20. NON-RELIANCE BY NON-PAT TTE i No person or entity shall be entitled to rely upon the terms, or any of then', of this Agreement to 04 enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or i program contemplated hereunder,and the County and the Contractor agree that neither the County Ln nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, Q 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 superior to the community in general or for the purposes contemplated in this Agreement. U a) 21, ATTESTATIONS Cn 0 Contractor agrees to execute such documents as the County may reasonably require, to include a CU Public Entity Cringe Statement, an]ethics Statement, and a Drug-Free Workplace Statement. 22. NO PERSONAL LIABILITY U V No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any nlernber, officer, agent or employee of Monroe County in his or her individual capacity, and no 7 Packet Pg. 756 C.19.c member, officer, agent or employee of MonroeCounty shall be liable personally on this .Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Cn a. 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 patties hereto may execute this Agreement by singing any such counterpart. U 4. PUBLIC RECORD COMPLIANCE e Contractor rust comply with Florida public records laws, including but not limited to chapter CU 119, Florida Statutes and section 24 of article l 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 Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a 0 material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding,and shall,as a prevailing party, be entitled to reimbursement of all attorne 's fees and oasts associated with that proceeding. This provision shall survive any termination or expiration of the contract. 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 to; (1) Peep .and maintain public records that would be required by the County to perform the 04 service. 04 i ( ) Upon receipt from the County's custodian of records, provide the County with a copy of the LO requested records or allow the records to be inspected or copied within a reasonable time at a CD cost that does not exceed the cost provided in this chapter or as otherwise provided by lave. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by lave for the duration of the U contract term and following completion of the contract if the contractor-does not transfer the Cn records to the County, � (4) Upon completion of the contract, transfer, at no cost, to the County all public records in CU possession of the Contractor or keep and maintain public records that would be required by lire 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 beeps and maintains public records upon completion ofjthe contract,the Contractor 8 Packet Pg. 757 C.19.c shall meet all applicable requirements for retaining public records. All records stored. electronically must be provided to the County, upon request from the Country's custodian of _ records, in a format that is compatible with the information technology systems of the County, Cn ( ) 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 they 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 Cou ty's request for records,the County shall enforce Cn the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by 2 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 section 11 ,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. 0 IF THE CONTRACTOR HAS -QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1.19, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN DIAN OF PUBLIC RECORDS DRIAN BRADLEY AT PHONE 305-292- 4 0 BRADLE '°- BR1AN(c M0NR.0EC NTY-F . Va MONROE COUNTY ATTO E 1�'S OFFICE 111112`rr� Street, SUITE 408, KEY WEST FL . 04 . ADJU'DICATION, OF DISPUTES OR DISAGREEMENTS 04 04 i COUNTY and.CONTRACTOR,agree that all disputes and disagreements shall be attempted to be CD C' 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 and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law Cn 0 26. PUBLIC ENTITY CRIME STATEMENT CU 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 public building or public work, may not submit bids of leases of real property to Public entity, may not be awarded or perform work as a contractor, Packet Pg. 758 C.19.c 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 Cn convicted vendor list 27. ETHICS CLAUSE 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. o 28. SECTION HEADINGS 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 he used in the interpretation of any provision of this Agreement. IN 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. (SEAS) BOARD OF COUNTY CDMMI9SIONE Attest: KE IN MADOK, CLERK OF MONK E COUNTY,k( B gy• �/ 7� Q) �s Deputy clerk Chairman.: c- = r z �- CDNTRACTD :M1` .� © � N i ZD 04 Name: Title: Tibi y orates The forggoing instrument was acknowledged before me this CP day of 202Q, Cn by 1_r Z Q Y 11446416E Who is( ) rsonally kno t me or r_a produced a driver's license as identification. 0 i NOTAFVV PUBLIC, STATED0:.:%A MOMMPE[:MTY A 'ro Print, type of stamp commissioned name of notary STr-VEI T.WLr AH6ELA FOSTER-RE OIIEJD � ASSISTANT r Motu Public-Mate 01 Florida f]ata � 10 �yi y r ; Commission#GG 0529E2 Nay Comm.Expires Dec a,2020 Bondea tnruugn HaUona1 Nut ary AsKr• Packet Pg. 759 C.19.c ATTACHMENT A 1. Specifications U) Security personnel must undergo a background check and must be screened for drug usage via a standard pre-employment drug test. The Tuck 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 ofeach security person's driving record is required. No more than 3 tickets and U f car accidents in the past five years and no instances of Dl1I or va DWI are allowed. Security personnel will wear a uniform designed to closely resemble a police officer at all times while can duty and in accordance with F.S. 493.630 , 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. 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" B) amber flashing light C) cellular telephone D) first aid kit l ) spotlight F) flashlight ) a throwable personal flotation device with appropriate length of rope Q II) a portable fire extinguisher LO Security contractor will provide 12 electronic check-in stations throughout the Four(4) Q i residential islands to be activated each time a drive through circuit is rnade by security personnel. Security personnel will check in at the first electronic check-in station immediately upon arrival and again just before they leave. U a) A report of the electronic check-in stations and the guard's daily reports will be delivered to the Cn designated member of the Duck Key security board promptly after the end of each rnonth and � will be reviewed before the monthly invoice is approved. CU Contractor will provide business carols, 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 ll Packet Pg. 760 C.19.c 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 beard r the public. bays of meetings may vary but will be confirmed 10 days prior to meeting. Cn 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 rather work or sleeping during their shift. J 2.. Scope of Service U Contractor will provide on-site security services seven (7)nights per week for 8 fours on a U) 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 . Payment to Contractor above. Contractor will.provide Fight( ) hours of additional patrols wring daytime fours each clay during the week of nxiniwlobster season, the last week of July. The Duck ley Security District reserves the right to contract with other vendors or agencies from time to time for additional security services (i.e. off-duty sheriffs deputies, marine patrol officers or other private security providers). Individual residents of the Duck ley Security District may also contract for additional security services either directly with the contractor or o with a vendor of their choice. minimum of four 4) drive-through circuits of the entire four residential islands will be provided for every Fight( ) 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 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 proper. Security personnel will walk around property and check that all doors are locked. If suspicious activity is detected, security personnel will notify Monroe County Sheriffs Office immediately, Security personnel will not enter an unoccupied property. Ln 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. Buck ley Security Advisory Board will provide a sample of the report it rewires. Guards will fill out the report on a daily basis and give as much detail as possible of any incident they were involved in, including address,nature of problem, etc. Cn 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 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 1 Packet Pg. 761 C.19.c 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 DUI/DWI, and car accidents to i CSO immediately after they become Cn aware of it. Security personnel will give friendly reminders to residents who are walking dogs without a ]cash,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. U In case of an emergency, such as a hurricane, security personnel will enter Duck Ivey as soon as Cn allowed by the authorities, and report damages to the board members utilizing the Satellite phone provided by the Duck fey 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. The contractor will apply to Emergency Management of Monroe County for an emergency re- entry decal. Either of the panties hereto may terminate this contract without cause by giving the ether party 0 sixty ( l)days written notice of its intention to do so. N LO i J E U a) Cn CU U 1 Packet Pg. 762 C.19.c C" CERTIFICATE OF LIABILITY INSURANCE70'4129i202 6 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 HOLDEN.. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED,the policy(les)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 Wszklewlcz t) NAME: Brown&Brown of Florida Inc- HONr� �J Ext (365)714-446 1496E NW 79 Court Suite 266 E-MAI ADDRESS: M Vas'zklewicz@'Dabbmja.com O m- INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33616 INSURERA: Everest Indemnity Insurance Company INSURED INSURER B- Everest Denali Insurance Company Rations Security,LLC INSURER C: Everest National Insurance Company 16966 NW 25th St STE 166 INSURER D; INSURER E: Cl) Dora[ FL 33172 `922 In INSURER F COVERAGES CERTIFICATE NUMBER, Rations Security 15 26 Mas REVISION NUMBER: 0 cri THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER3OD INDICATED NOTWITHSTANDING ANY REQUiREMEN's TERM OR CCINDITiON OF ANY CONTRACTOR OTHER DOCUMENT VV?TH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN! THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN?S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES 1-lMlTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DL SUERPOLICY EFF POLICY EXP �A LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIL7DIYYYY MFDAlYYYY LIMITS Q) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE r 1,000,000 vLA IS-MADE OCCUR PREWSES tEa accas�aence' S 566 666 M E D EX (Any ane pe..son) 11 16 666 A Y Y 51,GL668666191 6716V2619 67/01/2026 PERSONAL 8 ADV INJURY S 1,666,666 O GEN'L AGGR EGATE LIMIT APPL Ir_S PE€?:: GENERAL AGO REGArE "y.. 2,666,666 PRO- APPROVED RISK MANAGEMENT POLICY' JEi(T D HOG PRODUCTS C,i..M •7P AD 3 2,606,66t OTHER, Employee Benefit's S 1.666,666 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT w 1,666,666 06-0 -2020 (Ea accident' '.,.AN..YAUTC, BODILY INJURY rRer person) B OVINED SCHEDULED Y Y 51CAD6645619€ 66161,12619 67:161/2026 BODILY INJURY(Per accident) a, AUTOS ON'Ly AUTOS I-HREr3 NON OWNED PROPERTY DAMAGE. J`s AUTOS rCft::' X AUTOS ONLY 5 Q) UMBRELLA LIAB OCCUR EACH OCCURRENCE. "5. EXCESS LIAB CLAIMS,MADE AGGREGATE a DED I RETENTION $ S WORKERS COMPENSATION X PER Y 1 N ERH AND EMPLOYERS'LIABILITY STATUTE 1.666,666 ANY CER7 EMBERrPA�"iTNEFrEkEC:JTIVE N lA Y 536t7G6 478191 6716117D19 D7tQ112tI2D E_ EACH ACCIDENT ;� I 04 OFFICERt?,9ER9 a�ER EXCLUDED? 1,666,666 (Mandatary In NH) E L DISEASE EA EMPLOYEE 504 !ryes celuri.Deuneer 1 666,666 �I .�EUCR€PTIO I OF OPERA'.;IONS b0aw E L DISEASE,POLICY LIMIT Q �a DESCRIPTION OF OPERATIONS;LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached rt more space Is required) L Monroe County Board of County Commissioners is an Additional Insured with respect to General Liabilitylauto when required by written contract. U Q) Auto General Liability and WC policies contain a waiver of subrogation In favor of additional insured(s)mentioned above when required by written contract, t) O CERTIFICATE HOLDER CANCELLATION U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE cri THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED Its � Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1111 12th Street,Suite 498 AUTHORIZED REPRESENTATIVE Key West Fl. 33646 Cr71 88-2015 ACORD CORPORATION.. All rights reserved. ACORD 2 (20161 ) The ACORD name and logo are registered marks of ACORD Packet Pg. 763