Item C24Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21, 2001 Division: Management Services
Bulk Item: Yes ® No ❑
Department: Administrative
AGENDA ITEM WORDING: Approval of amendment to the contract with Diamond
Detective Agency to continue security services at Duck Key at a rate of $15.34 per hour
on a month to month basis, until a new contract can be awarded through the competitive
bid process.
ITEM BACKGROUND: Increases in price prompted the Duck Key Advisory Board to
request this service be put out to bid. The Contract with Diamond Detective expired
December 30, 2000. Bid opening is scheduled for February 7, 2000.
PREVIOUS RELEVANT BOCC ACTION: The County entered into a contract beginning
January 1, 1999. The contract was amended to provide for a cost of living increase on
July 26, 2000.
STAFF RECOMMENDATION: Approval
TOTAL COST: $5,000 per month
COST TO COUNTY: $5,000 per month
REVENUE PRODUCING: Yes ❑ No
BUDGETED: Yes ® No ❑
AMOUNT PER MONTH
YEAR
APPROVED BY:COUNTY ATTY ® OMB/PURCHASING ® RISK MANAGEMENT
DIVISION DIRECTOR APPROVAL: :: -
James L. Roberts, County Administrator
DOCUMENTATION: INCLUDED
DISPOSITION:
® TO FOLLOW: ❑ NOT REQUIRED: EL
AGENDA ITEM #: 10
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Y
Contract #
Contract with:Diamond Detective Effective Date:January 1, 2001
Expiration Date:
Contract Purpose/Description:Extension of existing contract for security services on Duck Key
on a month to month basis until a new contract is awarded through the county's bid process..
Contract Manager:Jennifer Hill
(Name)
for BOCC meeting on 2/21/01
4444 Administrative Services
(Ext.) (Department)
Deadline: 2/7/01
Total Dollar Value of Contract: $1,227.20/month Current Year Portion: $1,227.20/month
Budgeted? Yes® No ❑ Account Codes: 152-04501-530340- -
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.
Changes Date Out
Date In Needed evi
Division Director Yes[:] No�
Risk Management =1 7 �,1 Yes❑ No
O. ./Pur sing ul Yes❑ No[]�
County Attorney Yes❑ No❑ See. PAA,ckxA
Comments:
Form Revised 9/11/95 MCP
AMENDMENT TO AGREEMENT
THIS AMENDMENT to Agreement is made and entered into this day of
2001, by and between the Board of County Commissioners of Monroe County,
Florida, hereinafter referred to as "Board" or "County" and Diamond Detective Agency, Inc.,
hereinafter referred to as "Contractor."
WHEREAS, County and Contractor entered into an agreement January 1, 1999: and
WHEREAS, said agreement was modified by contract amendment on July 26, 2000 to
provide for an hourly rate of $14.14 for 3,744 hours of security services; and
WHEREAS, said contract expired December 31, 2000; and
WHEREAS, the County Commission elected to continue said agreement on a month to month
basis until a bid process could be conducted for entering into a new contract; and
WHEREAS, Diamond Detective Agency, Inc. has requested an increase in the hourly rate to
reflect an increase in costs; now, therefore
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
1. Article 2 shall be amended by adding a paragraph D which shall read as follows:
D. " As of January 1, 2001, this contract shall continue on a month to month basis
until County gives to Contractor written notice of at least ten days prior to termination.
2. Article 8 of the Agreement shall be amended by adding the following sentence:
As of January 1, 2001, the hourly rate shall be $15.34 for 80 hours of security /
services per week.
3. All other provisions of the contract, as previously amended, not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by its duly authorized representative as of the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Witness
Witness
jdconduckdick
By
Mayor/Chairman
DIAMOND DETECTIVE AGENCY
APPROVED AS TO FORM
AND L SUFFICIEN
BY NE A. U ON
�S. C)
�n a 7F.
CONTRACT AMENDMENT
This Amendment to Agreement is made and entered into this 2-P" ZV day
of tt-4 2000, between the BOARD OF COUNTY COMMISIONERS OF
MONROE COUNTY, FLORIDA, hereinafter referred to as "Board' or "County," and
Diamond Detective Agency, Inc., hereinafter referred to as "Contractor."
WHEREAS, County and Contractor entered into an agreement on January 1,
1999 for the purpose of providing security patrols and services for the Duck Key Security
District;
IN CONSIDERATION of the mutual promises and covenants contained herein, it
is agreed as follow:
1. Article 8 of the agreement dated sha1 ba arrmen,�,, d 1v addinz f +e following
sentence:
As of January 1, 2000, the annual amount shall be $52,940.16, in consideration
of 3,744 hours of security services at an hourly rate of $14.14, which reflects the original
agreement price with an adjustment for the rise in the Consumer Price index
SS WHEREOF, the parties hereto have caused these presents to be
3 day and year first written above.
t,
4KOLHAGE.
BOARD OF COUNTY COMMISSIONERS
CLERK OF MONROE COUNTY, FLORIDA
B e . By
Deputy Clerk Ma or/Chairman
APpR�
AFC AS TO c�RM
Q
By
DIAMOND DETECTIVE AGANCY, INC.
n J. JorAan/, Jr.
Title Director/CE
CONTRACT AGREEMENT
THIS AGREEMENT is set forth as of the 4 day of 199 �Y
between the Board of County Commissioners of Monroe County, Florida, as the governing
body of the Duck Key Security District, hereinafter "Owner" or "County" and the following
Contractor:
Name: Diamond Detective Agency, Inc.
Address: 1651 S. Halsted, P.O. Box 750
Chicago -Heights, Illinois 60411
Phone: (708) 754-9884
hereinafter "Contractor" for the purpose of performing all of the services required by the
Contract Documents for the following: -
SECURITY PATROLS AND SERVICES
Duck Key Security District
Monroe County, Florida
The Owner and the Contractor agree as set forth as follows:
Article 1 - The Contract Documents
The Contract Document consist of this Agreement, the Request for Bids, the Non -Collusion
Affidavit, the Insurance Documents, the Sworn Statement under Ordinance No. 10-1990, the
Drug -Free Work Place Form, the Specifications and Modifications issued after execution of
this Agreement. These form the Contract and all are as fully a part of the Contract as if
attached to this Agreement or repeated herein. An enumeration of the Contract Document
appears in Article 5.
Article 2 - Term
A. The contract shall have a term of 2 4 months commencing at 12:01 a.m.
January 1 , I999 through I2:00 midnight, December 31 , 2000.
B. At the end of the second year the County shall have an option of extending this agreement for
an additional one year term, which option shall be exercised by written notice at least thirty
(30) days prior to December 31, 2000, and shall be documented by agreement amendment
executed by both parties. At the end of the additional one-year term, County shall have one
more option for an additional one-year term under the same conditions, thus providing that
this agreement shall be for two years with two one-year extension options. The contract
amount agreed to herein may be adjusted annually in accordance with the percentage change
in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in Miami, Florida
area index and shall be based upon the annual average CPI communication from January 1
1W
through December 31 of the previous year. Increases in the contract amount during each
option year period shall be extended into the succeeding years. Again 90 days on or before
end of 2 year extension.
C. The County may cancel this contract for cause with seven (7) days written notice to the
Contractor. The Contractor may terminate this contract for cause with fifteen (15) days
written notice to the County. Cause shall constitute a breach of the obligations that either
party is required to perform under this contract.
Article 3 - Specifications
A. The Contractor must submit to the owner a copy of its Class "B" operating license as defined
and required under FS 493.
B. All Security Personnel must have a Class "D" license as defined and required under FS 493.
Security Personnel must be screened for drug usage via a standard pre -employment urine drug
test. The Duck Key Security District reserves the right to require periodic random drug
testing of Security Personnel.
An examination of each Security Person's driving record from every state where he or she has
resided is required. A satisfactory driving record is required of all Security Personnel (not
more than three tickets and/or accidents in the past five years and no instances of DUI or
DWI).
C. Security Personnel are specifically prohibited from carrying weapons of any sort to include but
not be limited to firearms, batons (nightsticks), stun guns and chemical weapons (i.e. mace).
D. Security Personnel do not have arrest or detention authority and must refrain from any action,
which may jeopardize a "legal" arrest by qualified law enforcement officers.
E. Security vehicles (automobiles required) must be equipped with driver's side spotlight, with
amber flashing Ight, distinct logo prominently displayed preferably indicating "Duck Key
Security" as allowed under present state licensing parameters, cellular telephone and two-way
radio communication equipment allowing immediate communication with the Contractor's
base station.
F. In no case shall security vehicles be operated at speeds beyond the local posted limits.
Security vehicles are specifically prohibited from engaging in pursuit driving and/or high-speed
response to emergencies.
G. All security personnel will wear uniforms of a design that resemble a police uniform.
H. Reflective, adhesive stickers will be provided by the Contractor for identification of vehicles
of residents of the Duck Key Security District. The contractor shall also make available to
residents guard hours and phone numbers for: guard, supervisors and sheriff's office.
Article 4 — Scope of Operations
The contractor will provide on -site security services on the following schedule:
A. Daily 9:00 PM to 5:00 AM Monday through Friday, unless otherwise agreed by the parties.
B. Saturday and Sunday 9:00 AM to 5:00 PM and 9:00 PM to 5:00 AM, unless otherwise
agreed by the parties.
C. Holidays - Thanksgiving, Christmas, New Year's Day, Memorial Day, 4th of July and Labor
Day - 9:00 AM to 5:00 PM and 9:00 PM to 5:00 AM.
D. A minimum of four (4) drive through circuits of the entire Duck Key Security District will
be provided each eight (8) hour shift.
E. Door checks of all unoccupied residences will be made at least once every thirty (30) days
with a minimum of twenty (20) random door checks provided each eight (8) hour shift. All
door checks will be noted in the daily patrol report, unless otherwise agreed by the parties.
F. Daily patrol reports will be in duplicate. One copy to be retained by the Contractor. One
copy be provided to a designate of the Duck Key Security District Advisory Board.
G. Security Personnel will be expected to report any unusual activity, remove trespassers, quiet
noisy parties, direct emergency vehicle and/or traffic and questions suspicious activity.
Contact with the Sheriffs office will be made anytime situations occur which, in the
judgment of Security Personnel, fall outside these outlines parameters, or when obvious
illegal activity has taken place.
H. Excess water usage notifications found at unoccupied residences will be forwarded directly to
the property owner by the Contractor.
I. Additional security services may from time to time be requested by the Duck Key Security
District Advisory Board. Any such additional security requests shall be billed at the normal
hourly rate as specified in the contract.
The Duck Key Security District reserves the right to contract with other vendors or agencies
from time to time for additional security services (ie. off -duty Sheriff's Deputies, Marine
Patrol Officers or other private security service providers). Individual residents of the Duck
Key Security District may also contract for additional security services directly with the
Contractor or any other vendor of their choice.
J. Security Personnel will not enter an unoccupied residence without an accompanying Sheriff's
Deputy.
Article 5 — Contract Documents
The Contract Documents which comprise the entire agreement between the Owner and the
Contractor consist of the following:
1. This Agreement
2. Request for Proposals
3. Non Collusion Affidavit
4. Insurance Documents
5. Sworn Statement under Ordinance No. 10-1990
6. Drug Free Workplace Form
There are no Contract Documents other than those listed above in this Article. The Contract
Documents may only be amended, modified or supplemented as provided in the Request for Bid.
Article 6 — Miscellaneous
No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound;
and specifically but without limitation moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may
be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty of responsibility
under the Contract Documents.
Owner and Contractor each binds itself'; its partners, successors, assigns and legal representatives
to the other party hereto, its partners, successors, assigns and legal representatives in the respect
of all covenants, agreements and obligations contained in the Contract Documents.
Article 7 — Other Provisions
In cases of conflict within the described Contract Documents in Article 5 of the Form of
Agreement, the order of precedence shall be as follows:
1. This Agreement
2. Request for Bids
3. Scope of Operations
4. Specifications
t
Article 8 — Contract Price
The Owner shall pay the Contractor for security services as described in the Form Agreement in
current funds in the amount of
_Fifty One Thousand Six Hundred Twenty Mine
And _76 /100 dollars ($ 51,629.76 ) per annum. Such sum is in
consideration of 3,744 hours of security services at an hourly rate of
$_13.79_ per hour.
Article 9— Payment Procedures
The Contractor will submit a monthly invoice for security services provided during the preceding
month. Upon submittal of said invoice the Owner shall pay the total amount invoiced as
recommended by the Owner's designated representative.
Article 10 — Indemnification and Hold Harmless Agreement
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners 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 occasioned by the negligence or other wrongful act
or omission of the Contractor's liability to indemnify employees, or agents. The Contractor's
liability to indemnify the County shall extend to intentional acts of the Contractor. The extent of
liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement.
IN WITNESS WHEREOF, the Owner and Contractor has signed this Agreement in triplicate,
one counterpart each has been delivered to the Owner, Contractor and the Duck Key Security
District Advisory Board. All portions of the Contract Documents have been signed or identified
by the Owner and Contractor.
Agreement will be effective 12.:01 AM,
L. KOLHAGE, CLERK
r,.
By
Deput erk
L�A Wad Jim Wall
fitness
L� Donna Potts
Witness
I" January, 1999.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
CONTRACTOR
Diamond Detective Agency, Inc.
By
N Jon . Jo n Jr.
T :Di
AND APPROVED SUF C TO FORM
NE H ON
DATE L L
jW