Item L07 L.7
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
February 15, 2023
Agenda Item Number: L.7
Agenda Item Summary #11704
BULK ITEM: No DEPARTMENT: BOCC District 4
TIME APPROXIMATE: STAFF CONTACT: Tamara Lamarche (305) 289-6000
No
AGENDA ITEM WORDING: Approval of 1 st amendment to contract to provide a salary increase
to IT Technician Frank Jackson, for services to the Duck Key Security District Advisory Board.
ITEM BACKGROUND: The Duck Key Security District Advisory Board was in need of an IT
qualified person to do daily checks of operation on the video cameras, and license plate readers
installed on Duck Key residential areas and bridges, manage service calls and maintenance by the
service vendors. The District had a vacancy notice posted on the community's NextDoor page for a
few months. A service contract to hire Frank Jackson was approved by the Advisory Board in July
2020 and recommended for approval to the BOCC. The BOCC approved the contract in August
2020. This amendment provides a salary increase after close to two years of excellent service to the
Security District. The hourly rate will increase from $25.00 hourly to $35.00 hourly, maximum of 10
hours a week without special approval by the Chair as necessary. Contract maximum of$49,999
remains unchanged. This amendment will be effective backdated to January 1, 2023.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved IT services contract for Frank
Jackson in August 2020.
CONTRACT/AGREEMENT CHANGES:
Salary Increase - Frank Jackson
STAFF RECOMMENDATION:
DOCUMENTATION:
IT Contract Frank Jackson Aug 2020
DKSD January 3 2023 Minutes Final
1 st Amendment Frank Jackson
FINANCIAL IMPACT:
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L.7
Effective Date: January 1, 2023 (Backdate)
Expiration Date: N/A
Total Dollar Value of Contract: $49,999.00
Total Cost to County: $49,999.00
Current Year Portion: est. $8,400 @ approx. 20 hours per month, 240 hours per year.
Budgeted: Yes
Source of Funds: Fund#152-04501 Duck Key Security Taxing District
CPI: Yes
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: Salary increase of$10.00 an hour to $35.00 an hour
Fund 4152-04501 Duck Key Security Taxing District. Increase of salary from $25.00 an hour to
$35.00 an hour, maximum 10 hours a week. Contract maximum is $49,999.00. Usual monthly
invoices are for approximately 20 hours, 240 hours a year.
REVIEWED BY:
David Rice Skipped 01/30/2023 11:25 AM
Christina Cory Completed 01/30/2023 1:36 PM
Lindsey Ballard Completed 01/30/2023 2:05 PM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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Kevin Madok, CPA
.. p Clerk of the Circuit Court& Comptroller_Monroe County, Florida
DATE: August 26, 2020
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TO: Commissioner David Rice
District 4
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ATTN: Tamara Lamarche
FROM: Pamela G. Han C.
SUBJECT: August 19'h BOCC Meeting
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Attached is an electronic copy of the following item for your handling:
M4 Agreement for Consulting Services with Frank Jackson to provide IT Assistant
Senices for the Duck Key Security District.
Should you have any questions please lccl free to contact me at (305) 292-35.50. E
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cc: County Altomey
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDII
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 P
305-294-4641 305-289-6027 305-852-7145 Packet Pg. 2058
L.7.a
AGREEMENT FOR
CONSULTING SERVICES
FOR
The Duck Key Security District
This Agreement("Agreement")made and entered into this 11tk day of August 2020 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, as the governing body of
the Duck key Security District, hereinafter referred to as "COUNTY," through the Monroe County
Board of County Commissioners ("BOCC"),
AN❑
Frank Jackson, an individual, whose address is 320 East Seaview Drive, Marathon, FL
33050, hereinafter referred to as"CONSULTANT',
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WITNESSETH:
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WHEREAS, COUNTY desires to employ the services of CONSULTANT for consultation and
assistance with the Duck Key Security District's security system and devices,including but not limited
to security cameras, tag readers, speed readers and technology support as it relates to those
systems and as set forth in more detail in Attachment A; and
WHEREAS, CONSULTANT has agreed to provide professional services, which shall be
collectively referred to as the"Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
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ARTICLE 1 N
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1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations
and warranties to the COUNTY: 0
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1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANTS duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has became familiar with the Project site and the local conditions under
which the work is to be completed.
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1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed by CONSULTANTS and associated costs and shall be in conformity and comply
with all applicable law, codes and regulations. The CONTRACTOR warrants that the
documents prepared as a part of this Agreement will be adequate and sufficient to document
costs in a manner that is acceptable for reimbursement by government agencies, therefore
eliminating any additional cost due to missing or incorrect information;
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1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services 2
pursuant to this agreement, the CONSULTANT 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, 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
CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed to find the CONSULTANT or
any of his/her employees, contractors, servants, or agents to be employees of the Board of U)
County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting,terminating, or any other area affecting employment under
this agreement or with the provision of services or goods under this agreement.
1.1.8 The effective date of this AGREEMENT shall be August 19, 2020.
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- ARTICLE II
SCOPE OF BASIC SERVICES
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2.1 DEFINITION U
CONSULTANT'S Scope of Basic Services consists of those described in Attachment A.The Q
CONSULTANT shall commence work on the services provided for in this Agreement Q
promptly.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, U)
omissions, deficiencies, or conflicts in the work performed by the CONSULTANT.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement
shall be in writing and hand delivered or mailed,postage pre-paid,to the COUNTY by certified
mail, return receipt requested, to the following:
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Roman Gastesi, County Administrator
1100 Simonton Street
Key West, Florida 33040
For the CONSULTANT:
Frank Jackson '
230 East Seaview Drive
Marathon, FL 33050
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ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in Article III that may be provided by the CONSULTANT[provided for
example purposes only] and are not included in Basic Services-Attachment A. If requested
by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic
Services but only If approved by the COUNTY before commencement.
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A. Providing services of CONSULTANT for other than the previously listed scope of the
Project provided as a part of Basic Services.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a
letter requesting and describing the requested services to the CONSULTANT. The
CONSULTANT shall respond with a fee proposal to perform the requested services. Only
after receiving an amendment to the Agreement and: a notice to proceed from the COUNTY
shall the CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including E
physical location of work or other information as needed upon request by the CONSULTANT.
4.9 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT to avoid unreasonable delay in the
orderly and sequential progress of the CONSULTANT'S services. c)
4.3 Prompt written notice shall be given by the COUNTY and its representative to the N
CONSULTANT if they become aware of any fault or defect in the Project or non-conformance N
with the Agreement Documents.Written notice shall be deemed to have been duly served if
sent pursuant to paragraph 2.3.
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4.4 The COUNTY shall furnish the required information and services and shall render approvals
and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S
services and work of the contractors.
4.6 The COUNTY's review of any documents and work product prepared by the CONSULTANT
shall be solely for determining whether such documents are generally consistent with the
COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the
CONSULTANT of responsibility for the accuracy, adequacy,fitness,suitability or coordination
of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
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4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
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ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY. Its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury,
including death, personal injury, and property damage, including damage to property owned by
Monroe County, and any other losses, damages, and expenses of any kind, including attorney's
fees, court costs and expenses, which arise out of, in connection with, or by reason of services
provided by CONSULTANT.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the
indemnification provided for above.
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This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI 9
COMPENSATION
6.1 PAYMENT SUM
The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANTS
performance of this Agreement, in a not to exceed lump sum amount of$49,999.99, at a
rate of$25 per hour. it is anticipated that the CONSULTANT will perform no more than 10
hours of work per week.
6.2 PAYMENTS
6.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly.
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(A) As a condition precedent for any payment due under this Agreement, the Q
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the N
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require,
Including but not limited to back up documentation sufficlent for reimbursement of
expenses by FEMA or other governmental agencies.
(B) Payment shall be made pursuant to the Local Government Prompt Payment Act,
218.70, Florida Statute.
(C) Rates shall be inclusive of all reimbursable expenses, including travel. c0
6.3 BUDGET
6.3.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay,
any fees or expenses in excess of the amount budgeted for this contract in each fiscal year
(October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted
amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners.
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6.3.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
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ARTICLE VII
MISCELLANEOUS
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7.1 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 be used In the interpretation of any provision of this Agreement.
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7.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
7.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. 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. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party. 0
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7.4 NO THIRD-PARTY BENEFICIARIES Q
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
7.5 TERMINATION 0
(A) In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
(B) Either of the parties hereto may cancel this Agreement without cause by giving the
other party thirty (30)days written notice of its intention to do so.
7.6 CONTRACT DOCUMENTS 0
This contract consists of this Agreement, including and attachment A, and modifications U
made after execution by written amendment. In the event of any conflict between any of the
Contract documents,the one imposing the greater burden on the CONSULTANT will control.
7.7 PUBLIC ENTITIES CRIMES
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 on contracts to provide any goods or services to
a public entity, may not submit a bid 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
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public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or CONSULTANT under a contract with any public entity,and may not transact business with
any public entity in excess of the threshold amount provided in Section 237.017 of the Florida
Statutes, for CATEGORY TWO for a period of 38 months from the date of being placed on
the convicted vendor list. 2
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By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined
by Section 287.133, Florida Statutes, as a `public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONUSULTANT has been placed on the convicted 0
vendor list.
CONSULTANT will promptly notify the COUNTY if it Is formally charged with an act
defined as a"public entity crime"or has been placed on the convicted vendor list.
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7.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from the
termination of this. Each party to this Agreement or its authorized representatives shalt have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the
termination of this Agreement If an auditor employed by the COUNTY or Clerk determines c0
that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the Q
CONSULTANT shall repay the monies together with interest calculated pursuant to Sec.
55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY.
7.9 GOVERNING LAW,VENUE, INTERPRETATION, COSTS,AND FEES 0
This Agreement shall be governed by and construed In accordance with the laws of the State U)
of Florida applicable to contracts made and to be performed entirely In the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
Interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in
the 1621 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the
appropriate administrative body.This agreement shall not be subject to arbitration. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County. U
7.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of
this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
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provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
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7.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
Interpretation of the Agreement,the prevailing party shall be entitled to reasonable attomey's
fees and court costs, as an award against the non-prevailing party, and shall include
attorney's fees and courts costs in appellate proceedings.
7.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
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7.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance
of this Agreement have been duly authorized, as required by law.
7.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
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. This Agreement is not subject to arbitration. Any claim or dispute that the
parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe
County, Florida. This provision does not negate or waive the provisions of paragraph 7.5 c0
concerning termination or cancellation. U
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7.16 COOPERATION N
In the event any administrative or legal proceeding Is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all 0
proceedings, hearings, processes, meetings, and other activities related to the substance of U)
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
7.17 NONDISCRIMINATION
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 jurisdiction that discrimination
has occurred, this Agreement automatically terminates without any further action on the part U
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 prohibit 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
§§ 1681-1683, and 1685-1 W),which prohibits discrimination on the basis of sex;3)Section
504 of the Rehabilitation Act of 1973, as amended (20 USC §794), which prohibits
discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975, as amended
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(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 .2
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 §§ 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or 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 11, 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.
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7.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest,which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in
this Agreement.
7.19 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. c0
7.20 NO SOLICITATIONIPAYMENT
The CONSULTANT and COUNTY 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 a
It, any fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making of this Agreement. For the breach or violation of the provision,the
CONSULTANT 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.
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7.21 PUBLIC ACCESS.
Public Records Compliance. CONSULTANT must comply with Florida public records laws,
Including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the U
Constitution of Florida. The County and CONSULTANT 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 CONSULTANT in conjunction with
this contract and related to contract performance. The County small have the right to
unilaterally cancel this contract upon violation of this provision by the CONSULTANT. Failure
of the CONSULTANT 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 form of
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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.
The CONSULTANT 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 CONSULTANT
is required 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 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.
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(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 contract term and following completion of the contract if the
CONSULTANT 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 possession of the CONSULTANT or keep and maintain public records that would
be required by the County to perform the service. If the CONSULTANT transfers all
public records to the County upon completion of the contract,the CONSULTANT shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the CONSULTANT keeps and maintains
public records upon completion of the contract, the CONSULTANT shall meet all
applicable requirements for retaining public records. All records stored electronically U
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. N
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(5) A request to inspect or 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 CONSULTANT of the request, and a
the CONSULTANT must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the CONSULTANT 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 County's option and right to unilaterally cancel this contract upon violation
of this provision by the CONSULTANT. A CONSULTANT 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 119.10, Florida Statutes. U
The CONSULTANT shall not transfer custody, release, after, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided by
law.
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IF THE CONSULTANT HAS QUESTIONS REGARDING,. THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
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CONSULTANT'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 MONROECOUNTY-FL.GOV MONROE COUNTY n
ATTORNEY'S OFFICE 1111 12TM Street SUITE 408 KEY WEST FL
33040.
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7.22 NON WANER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY 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.
7.23 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 performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the some 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,
7.24 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 U
by 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 N
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.
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7.25 NON-RELIANCE BY NON-PARTIES
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 contemptated hereunder, and the CONSULTANT and the COUNTY agree that
neither the CONSULTANT nor the COUNTY 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 superior to the community In general or for the purposes U
contemplated In this Agreement.
7.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a
truth in negotiation certificate stating that wage rates and other factual unit costs supporting
the compensation pursuant to the Agreement are accurate, complete, and current at the time
to
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of contracting. The original contract price and any additions thereto shall be e*m tad to
exdude any significant sums. by which the agency datermines the cortirad Price was
increased due to Inaccurate, incomplete, or concLwoM wage rates and other factual unit ,
crests. All such adjustments must be made within one year fallowing the end of the .
Agreement.
7.27 NO PERSONAL LUMUITY
7 No covenant or agreement contained herein shell be deemed to be a covenant or agnsernent
of any member,officer,apart or employee of Monroe Courdy in his or her Individual capacity.
end no member, olfiosr. pent or employee of Monroe County shall be liable personsny on
this Agreement or be m4ed to any persona liability or acoounbd ty by resew of the
exwwtion of this Agreement.
7.2E 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 co nadtute one and the same U)
instrument and any of the parties hereto may execute this Agreement by sbnlnp any such
counterpart.
ITNESS WHEREOF,each party has caused this Agreement to be executed by=1b duty
represented"on the day and year first above written.
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Board of CWv Comrnissior _
t Medak, Clerk of Monroe Ca E
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As Deputy Ckwk Y� c)
CONSUL, AN Af c14
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The foregoin was adcnawl ed before me by means of physical presence or❑
online notarization,this I day of I 2020, by j-
who is.❑personally known m me or
rod a drivers license as ider�tiFxrativfu.
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NOTARY PUBLIC, STATE OF FLORIDA
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notary
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END OF AGREEMENT,
ATTACHMENT A TO AGREEMENT
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Security Board's Tech Assistant Job Description
I. Traffic Logix Speed Radars ,
2
a. Replace Sim cards on Traffic Logix speed radars if needed.
A
b. Replace batteries or parts as needed.
c. Take 30-min online training with Traffic Logix to become familiar with reports,
d. Report any problems to Traffic Logix. Try to work with Tech Support to see if problems can be
improved remotely.
e. Print reports from Streets on Cloud(Traffic Logix)for meetings, Present them to board members
and MCSO.
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f. Check the area of the speed radars and report any obstruction of plants and trees to John Glista,
Road Supervisor, Monroe County.
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11. Bosch CCTV system 9
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a. Download Bosch Video Management Software and download any software updates.
b. 1f needed,take the video courses at Bosch website on the BVMS software.
c. Learn to make motion search,forensic search,export video to MCSO when necessary.
d. Check cameras and LPRs on live view and playback daily.
e. Report any malfunctions to Comcast or Johnson Controls. (I will email you instructions with phone
numbers, account numbers,etc).
f. Report any obstructions from trees to John Glista, Monroe County Road Supervisor.
g. Get the Bosch viewing app for phone or]pad. Teach board members how to download app and view
cameras in their tablets or phones.
h. Check camera views after repairs to make sure they are working correctly. U
1. Meet with vendor for installation of new equipment Make sure the cameras are the ones specified in Q
the contract. Retrieve old cameras and return to County. Check cameras on live mode and playback N
mode before repairman leaves.
j. Keep a log of maintenance issues.
k. Call Comcast Business to review our Internet Plan yearly.
I. Research and recommend options for a back-up battery for the cameras so we do not lose
connectivity when the electricity Is down.
m. Power cycle cameras when necessary.
III. Miscellaneous
a. Attend meetings every other month on the first Tuesday of the month. Meetings are held in Hawks
Cay or via Zoom.
b. Produce minutes from audio recording. U
c. Since the Sunshine Law does not allow Board members to discuss topics that will be taken up at the
meeting, serve as liaison between board members, such as distributing materials via email.
d. Check BOCC Agendas monthly for Duck Key related topics and post them In NextDoor Duck Key.
e. Keep chairperson updated on any technical problems that arise from CCTV system or speed radars.
f. Keep record of hours and submit them to Chairperson monthly for approval and payment.
12
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SWORN STATEMENT UNDER ORDINANCE NO. 0110=1990
MONROE COUNTY, FLORIDA
.2
ETHICS CLAUSE
(Company)
en
...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise 0
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recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee,"
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(Signature)
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Date:
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STATE OF:
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COUNTY OF: rz)e- U
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hysical presence or 11 online Q
Subscribed and sworn to or affirmed) before me, by means of/91P, N
notarization, on 12 2L26) (date)
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by r)4 (name of afflant). He/She is personally
known to me or has produced akx .Atype of identification) as
identification. U-
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NOTARY PUBLIC
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My Commission Expires: :Z-1'21bL'1 U
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
, _,� 0(Name of Business)
I. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
0
3, Give each employee engaged in providing the commodities or contractual services that U)
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States,or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction. E
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available, in the employee's community, or any E
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
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As the person authorized to sign the statement, I certify that this firm complies fully with the above
Q
requirements. N
0
Date:
STATE OF:
COUNTY OF: V Aq--
Subscribed and sworn t (or affirmed) before me, by means of-9-physical presence or 0 online
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notarization, on 0 -7 26-26) (date) U
_341 by (name of affiant). He/She is personally
, �,;� / ,
known to me or has produced E V L I (type of
identification) as identification. E
NOTARY PUBLIC
My Commission Expires: —711q 1211_,
TAMAAA UV0XW,_
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for .2
public entity crime may not submit a bid on a contract to provide any goods or services to a public A
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform,work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR
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 fist,"
I have read the above and state that neither (Respondent's name)
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nor any Affiliate has been placed on the convicted vendor list within the last 36 months. EF
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Date:
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STATE OF: T-ler 16 aa-
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COUNTY OF: I
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Subscribed and sworn to (or affirmed) before me, by means of, physical presence or 0 online
A CN
notarization, on u' -241,24) (date) CN
by f (name of affiant). Hef8he is personally known
to me or has produced EL
(type of identification) as 0
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identification.
NOTARY PUBLIC
'7 My Commission Expires: 7
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Ew".h*4j 2021
01
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L.7.b
DUCK KEY SECURITY DISTRICT ADVISORY BOARD
Minutes of Meeting January 3, 2023
BOARD MEMBERS PRESENT
2
Rick Sherman, Chair
Laurie Oestreicher, Secretary
Tim Abner,via Zoom
Bob Kelley
Megan Merryman,via Zoom
Jon Porter,via Zoom
Mike Weber,via Zoom
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BOARD MEMBERS ABSENT
None 9
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QUORUM PRESENT: Yes
OTHERS PRESENT:
Tamara Lamarche - Executive Asst. for Comm. David Rice
Judith Clarke - Chief Engineer, Monroe County,via Zoom
Christina Cory,Assistant County Attorney,via Zoom E
Captain Don Hiller- MCSO
Sgt. David Fernandez - MCSO
Officer Brian Sapp - FWC,via Zoom c0
Frank Jackson - DKSAB Technical Asst.
Ron Oestreicher- Resident, President DKPOA
Dan Hayes - Resident
Kerry Kelley- Resident
David Williamson - Resident,via Zoom
ABSENT
Hawks Cay Resort- Bob Moore, Manager
Ralons Security- Luis Requejo
PROCEEDINGS:
• Meeting called to order at 4:00 by Chair Rick Sherman
• Meeting held via ZOOM and in person meeting at Hawks Cay Resort
• Date of meeting: January 3, 2023 �E
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Rick Sherman welcomed all and noted the meeting was being held at the Hawks Cay
1
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Resort as well as via ZOOM.
MOTION: To Approve January 3, 2023 Meeting Agenda.
Motion to approve: by Bob Kelley; second Tim Abner. c,
.
MOTION CARRIED
MOTION: To approve the meeting minutes of November 1, 2022
Motion to approve: by Bob Kelley; second by Jon Porter.
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MOTION CARRIED
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STANDING REPORTS
MCSO - Captain Don Hiller introduced Detective Sargent David Fernandez who will
be attending-reporting for MCSO at the DKSAB meetings, representing MCSO for
Duck Key. Sgt. Fernandez reported there had been a lot of watch activity on Duck
Key,but no significant crimes. Refugee landings are the "hot topic" on Duck Key at
the present time. There have been numerous Cuban "Chugs"vessels,with Cuban E
refugees landing on the Island since January 1, 2023. Residents are encouraged to
call 9-1-1, or MCSO at 305-289-2430 if they see such activity. MCSO will then
respond, detain the people involved, provide any water or medical needs necessary U
as well as alert Border Patrol of the location and situation.All involved know there
are Environmental and Navigational water hazards with the abandoned vessels left E
on the breakwaters and shores. MCSO will work with FWC and the Coast Guard
concerning this issue. It is a major funding issue for all agencies involved with no
Federal Plan. Captain Hiller will get with Captain David Dipre of FWC to coordinate
the reporting of the abandoned vessels. Captain Hiller advised that the refugees
landing on our Coastlines create a Humanitarian need, call them first to alert of any ,
arrivals and they will take over. He also advised that throughout the Keys even with
the influx of so many refugees there have not been any cases of car theft, boat theft,
or break-ins related to the refugees. Be aware and report any arrivals.
Ralons Security- Luis Requejo was absent. Frank Jackson did want to advise the
residents of Duck Key not to call Luis Requejo personally with any concerns, as he is
E
not on the Island patrolling. The correct number to call is 305-731-8238 during the
hours the guard is on duty from 8 p.m. to 4 a.m., any other times call MCSO at 9-1-1
2
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or 305-289-2430 for non-emergencies.
Hawks Cay Resort- Bob Moore was absent. Rick Sherman advised he had received
questions for Bob Moore from Sylvia Hernandez, a Duck Key resident not able to 2
attend the meeting. The questions concerned were about the "Pins"at the Duck Key
entrance,which he reported at the last DKSAB meeting the permits were obtained
and contracted work was set to start,but the work/replacement of them has not as
of yet, and also if Monroe County has a plan to repair the minimum wake sign on the
E. Seaview canal near the entrance to Lake Lucille which Hurricane Ian tilted to one
side. DKSAB will contact Bob Moore to have the "Pins" question answered and
Tamara Lamarche, Executive Asst. for Comm. David Rice will contact Monroe County
Marine Resources
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FWC - Lt. Brian Sapp reported that the Cuban "Chuggs"are not considered derelict
vessels, like those abandoned during hurricanes, storms and other reasons. There is
a separate reporting system for them versus derelict vessels. The reporting and
request for removal goes in immediately and should have the Chuggs removed more
rapidly than derelict vessels. FWC can advise MCSO how to file the documents
needed as they are called onsite to aid the refugees, then FWC will coordinate with
the Coast Guard for removal.
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OLD BUSINESS 0
U
Technology Update - Frank Jackson reported that all cameras are working, and the
Radar speed signs are all working as well. There was some loss of information _
during the Christmas time frame due to issues with Comcast and billing but the
Monroe County Clerk's Office has corrected the problem and the system is working
well now,the modums have been rebooted and are working,the E. Seaview Bridge
camera had to be rebooted as well but is now functioning. Rick Sherman thanked
Frank Jackson for setting up and facilitating the Zoom function for the meeting at
Hawks Cay and asked Frank to put together some suggestions on further technical
needs for the meetings, and present them at the next meeting March 7, 2023.
NEW BUSINESS
Bridge Update as of January 6, 2023 -Judith Clarke, Chief Engineer, Monroe
County
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Bimini Bridge Phase II Traffic Plan
AEB's maintenance of traffic subcontractor is scheduled to be on site at the Bimini
3
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Drive Bridge on Tuesday January 10th to relocate barricades and traffic control
equipment for the commencement of Phase II of the Project.
The phase II traffic plan opens access to Corsair Road and Harbor Drive, so vehicles
traveling west will cross the Bimini Bridge and be able to continue left onto
Schooner Drive, straight onto Corsair Road or right onto Harbor Drive.
The east bound traffic will be routed to Corsair Road where a traffic signal will
control traffic from Corsair and Harbor Drive. Schooner Drive will be closed to
eastbound traffic between Schooner Lane and Bimini Drive; eastbound vehicles
from Plantation and Yacht Club Islands will be routed onto Schooner Lane and
around to Corsair Road to cross the bridge.A detailed map of the Traffic Plan is
posted on Nextdoor. The completion date for the Bimini Bridge is September 2023.
E. Seaview Bridge planning meeting will be held January 10th. The North side of the c,
Bridge will be started first,but prior to this the South side temporary bridge will be
widened. When the actual construction of the E. Seaview Bridge commences the
traffic lights to coordinate traffic will be up and speed bumps will no longer be U'
necessary. The schedule for the E. Seaview Bridge will be published after the
January planning meeting, but the bridge is scheduled to be complete in 18 months.
Judith Clarke was questioned on the problem throughout Duck Key with trenches on
the streets getting deeper and/or not being finished/paved, the trenches seem to be
getting deeper. She advised the temporary repairs and repave of the road cuts for
utility service lines for new homes built on the Island are the responsibility of the
utility companies, in particular,water and sewer lines. They make "temporary"cold
patch on a cut and will make a final repave when possible. They are also to
maintain/repair the cold patch if it becomes sunken before final repave can be done.
The County reminds them frequently from road inspections, and in response to
complaints from residents. The County has no direct authority over the utility U
companies to compel them to beyond the codes that are in place. The Engineering
Department is in regular communication with the utilities to urge repaving
impacted areas. The lengthy time period between cold patch and final repave we are U)
told by the utility companies is due to the fact that there are now only one asphalt
company that serves the Keys, and scheduling is a long term issue, from the new
home construction occurring all through the Keys. Duck Key has had a significant
number of new homes constructed on the Island in the past couple of years, making Q
a considerable impact on the roads. It is a frustrating issue for all. Commissioner
Rice has experienced it as well. His road in front of his home was all repaved, and a
week later a new cut was made in the road for a new home being constructed. He
will be speaking with FKAA to seek improvements in this issue for Keys
neighborhoods.
Nominations for DKSAB Chair and Vice-Chair Position - Rick Sherman advised the
Board Members of the need for a new Chair and Vice-Chair for DKSAB, and the
responsibilities of the positions. There were no nominations for Chair, and Rick
Sherman agreed to stay on as Chair until his term is limited out. Tim Abner indicated
4
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he would be interested in being Vice-Chair.
MOTION: Rick Sherman stays in the position of DKSAB Chair.
Motion made by: Bob Kelley; second by Tim Abner. 2
MOTION CARRIED
MOTION: Tim Abner to become Vice-Chair of DKSAB
Motion made by: Laurie Oestreicher; second by Bob Kelley.
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MOTION CARRIED
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Discussion of proposed hourly rates for IT Contractor Frank Jackson. Mr.Jackson
left the room prior to discussion.
MOTION: Request the BOCC approve a pay raise for Frank Jackson from $25.00 an
hour to $35.00 an hour, keeping the cap of 10 hours per week per the current
maximum in the existing contract. The Board also approved the increase be
retroactive to January 1, 2023.
Motion made by Bob Kelley; second Laurie Oestreicher.
MOTION CARRIED U
There were no Public Comments prior to adjourning U)
There were 8 people on the ZOOM call
Meeting adjourned at 5:05 p.m.
Next DKSAB meeting will be Maarch 7, 2023, at 4 p.m. at the Hawks Cay Resort
Meeting rooms and via Zoom, details to follow.
Minutes submitted by: Laurie Oestreicher, Duck Key, FL
laurie.oestreic er@g ailaco
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5
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FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES FOR THE
DUCK KEY SECUTIRY DISTRICT
THIS AGREEMENT is made and entered into this 20th day of February 2023 between
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 .2
Simonton Street, Key West, Florida 33040, its successors and assignees, as the governing A
body of the Duck Key Security District, hereinafter referred to as "COUNTY," through
Monroe County Board of County Commissioners ("BOCC"), and FRANK JACKSON, an
individual whose address is 320 East Seaview Drive, Marathon, Florida 33050, hereinafter u
referred to as "CONSULTANT," to amend the agreement between the parties dated August 19,
2020.
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WHEREAS, Ordinance 005-1992 established the Duck Key Security District which provides a
revenue stream for security services for Duck Key; and
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WHEREAS, the equipment and services utilized by the Duck Key Security District require
regular testing and maintenance thus the District voted to employ an individual to provide IT
services to the District; and
U-
WHEREAS, on August 19, 2020, the parties entered into an agreement to employ the services
of Consultant for consultation and assistance with the Duck Key Security District's security E
system and devices, including but not limited to security cameras, tag readers, speed radars and
technology support as it relates to those systems set for in Attachment A of the original E
d
Agreement, and
WHEREAS,the compensation term of the initial agreement provides the County shall pay the 0
Consultant at a rate of$25 per hour for no more than 10 hours of work per week, not to exceed a U
lump sum amount of$49,999.99, and 0
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WHEREAS, the Advisory Board for the Duck Key Security District voted to recommend a pay
increase to $35 per hour, retroactive to January 1, 2023, keeping the weekly maximum hours of
work at 10 hours per week, andLL
WHEREAS,paragraph 6.1 of the Agreement is revised to read as follows: "The County shall
pay the Consultant in current funds for the Consultant's performance of this Agreement at a rate
of$35 per hour. The Consultant will perform no more than 10 hours of work per week.", and
d
WHEREAS, all other terms of the Agreement between the parties, dated August 19, 2020, V-
remain in full force and effect.
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NOW, THEREFORE,pursuant to the terms of the original Agreement, the parties agree to
increase the Consultant's pay to a rate of$35 per hour beginning on January 1, 2023.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
Packet Pg. 2079
(SEAL)
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
An
By By
As Deputy Clerk Mayor Chairman
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WITNESSES: FRANK JACKSON
By
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